[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1185]
[[Page Unknown]]
[Federal Register: January 19, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 940101-4001; 121393A]
RIN 0648-AG14
Atlantic Tuna Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: The Secretary of Commerce (Secretary) issues this proposed
rule governing the Atlantic bluefin tuna (bluefin) fisheries to:
Establish fishing category quota allocations for the 1994 fishing
season; amend the specified amount of other species to be landed as a
condition for landing an incidental bycatch of bluefin in the southern
longline fishery; adjust the line that separates the northern and
southern regulatory areas for vessels using longline gear and
possessing an Incidental Catch permit for bluefin; make technical
corrections to clarify the regulatory text; and request comments on the
use of curved length measurements to identify bluefin size classes and
on additional means to provide notice of fishery closures. This action
is necessary to implement the recently adopted quota recommendation of
the International Commission for the Conservation of Atlantic Tunas
(ICCAT), to improve management and monitoring of the U.S. bluefin
fisheries, to facilitate enforcement, and to enhance collection of data
to improve assessment of the impacts of the fisheries.
DATES: Comments on this proposed rule must be received on or before
February 8, 1994.
ADDRESSES: Comments on this proposed rule should be sent to, and copies
of the Draft Background Document/Environmental Assessment/ Regulatory
Impact Review are available from, Richard H. Schaefer, Director, Office
of Fisheries Conservation and Management (F/CM), National Marine
Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD
20910. Comments regarding the burden-hour estimate or any other aspect
of the collection-of-information requirement contained in this rule
should be sent to NMFS and the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attention: NOAA Desk
Officer, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Richard B. Stone, 301-713-2347.
SUPPLEMENTARY INFORMATION: The bluefin fisheries are managed under the
implementing regulations at 50 CFR part 285, under the authority of the
Atlantic Tunas Convention Act (ATCA), 16 U.S.C. 971 et seq. The ATCA
authorizes the Secretary of Commerce (Secretary) to promulgate
regulations as may be necessary to carry out the recommendations of
ICCAT. The authority to implement ICCAT recommendations is delegated
from the Secretary to the Assistant Administrator for Fisheries, NOAA
(AA).
Purpose of Current Action
The proposed action for the 1994 fishing season is limited in
scope. It is intended to meet existing obligations to implement ICCAT
recommendations and to improve the efficiency of the domestic fishery
management program.
Pursuant to ATCA requirements, action is currently needed to ensure
that the 1994 ICCAT-recommended quota of 1,235 metric tons (mt) is not
exceeded. Also, action is needed to adjust management measures for the
1994 fishery to improve monitoring of bluefin tuna catch and facilitate
enforcement. In addition, the proposed measures would enhance NMFS'
ability to meet the stated management objectives for the domestic
fishery: provide data to monitor the stock, minimize economic
displacement, maximize the use of the resource, and spread fishing
opportunity among as many users as possible.
Proposed Management Measures
This proposed rule would implement the ICCAT quota recommendation
for 1994 and allocate the total quota among the several permitted
fishing categories. In addition, NMFS received input regarding proposed
changes to the Incidental Catch category from 13 scoping meetings held
during September 13-17, 1993, and from written comments received during
the comment period that ended November 5, 1993. Commenters suggested
various proposals, some of which were adopted in the proposed measures
and others that may be considered for future rulemaking. NMFS
considered all comments received during the scoping process while
formulating this proposed rule. NMFS believes that these proposed
changes would further the management objectives for the domestic
bluefin fisheries. NMFS also requests comments on the use of curved
length measurements to identify bluefin size classes and on additional
means to provide notice of fishery closures.
Fishing Category Quota Allocations for 1994
At the November 8-12, 1993, meeting, ICCAT adopted a recommendation
for new quotas for bluefin in the western Atlantic. The total catch for
the western Atlantic region for 1994 would be reduced by approximately
15 percent from the 1992/1993 annual level to 1,995 mt. Despite this
overall quota reduction, U.S. fishermen have been allocated nearly the
same amount of bluefin in 1994 (1,235 mt) as they were allocated in
1993 (1,248 mt). This results from Japan's agreement to reduce its
share of the total western Atlantic quota from its historical 26
percent to 12.5 percent during 1994 and 1995.
NMFS proposes to take the 13-mt reduction in the U.S. quota from
the 31 mt reserve, thereby continuing or slightly modifying the 1992/
1993 quota allocations. The following quota allocations would be
established for 1994: General category--531 mt; Harpoon Boat category--
53 mt; Purse Seine category--301 mt; Incidental Catch category--
southern longline subcategory quota of 86 mt, northern longline
subcategory quota of 23 mt, and ``other'' subcategory quota of 4 mt;
Angling category--219 mt (no more than 99 mt of this quota may be
school bluefin of which 47 mt may be landed south of 38 deg.47' N.
latitude and 52 mt may be landed north of 38 deg.47' N. latitude). The
Angling category quota for school bluefin is reduced from 100 mt to 99
mt because it is based, per ICCAT recommendation, on 8 percent of the
total U.S. quota (including reserve), which is lower for 1994.
Also at the November 1993 meeting, ICCAT recommended a quota of
1,200 mt for the western Atlantic for 1995 (of which U.S. fishermen
would receive 743 mt). This reduction of over 50 percent from the 1991
western Atlantic quota is based upon scientific assessments that
indicate that present harvest levels are resulting in a decrease in the
size of the western Atlantic bluefin stock. The relatively higher 1994
allocation resulted from a 1-year provision to allow additional time
for scientific research, a review of data and methodologies used in the
western Atlantic bluefin stock assessment, and to reduce the short-term
economic impact on fishermen. As a member of ICCAT, the United States
is obligated to adopt domestic regulations to comply with these
recommendations. This proposed rule would establish quota allocations
by fishing categories for 1994 only. The quota reduction for 1995,
being of greater magnitude and likely to have significant impacts on
the human environment, will be addressed in future rulemaking, which
will include preparation and public review of an environmental impact
statement.
Change in Bycatch Conditions for Southern Longline Subcategory
In 1982, ICCAT recommended a ban on a directed bluefin tuna fishery
in the Gulf of Mexico spawning area out of concern for protection of
the spawning stock. NMFS examination of available longline fishery data
regarding discarded bluefin in the Gulf of Mexico revealed that more
than 80 percent of those bluefin released were dead. Thus, in the
interest of reducing waste, NMFS allowed landing of bluefin tuna but
implemented longline fishery restrictions to preclude directed harvest.
In a final rule dated January 26, 1981 (46 FR 8012), NMFS
implemented an incidental catch limit of two giant bluefin per trip in
the area south of 36 deg. N. latitude and 2 percent by weight of all
other fish on board per trip in the area north of that latitude. The
reason for the disparity in the catch limits between the two regions
was that the 2 percent by weight limit was believed to be unenforceable
in southern ports due to the lack of weighing facilities in many areas
where bluefin were landed. On January 6, 1992 (57 FR 365), NMFS
determined that the incidental catch limit of two giant bluefin per
trip in the southern area was not effective at reducing bluefin bycatch
and changed the restriction for this area to one bluefin per trip,
provided the vessel landed, offloaded, and sold at least 2,500 lbs
(1,134 kg) of other species. NMFS believed that the majority of trips
directed at other species met or exceeded the threshold, making
accurate weighing unnecessary in most cases.
NMFS has received several comments indicating that the current
bycatch restriction in the southern area is causing an increase in
bluefin discard and waste. Fishermen have reported that when a bluefin
is caught early in a trip, they are forced to continue fishing at the
risk of deteriorating quality and price and at the risk of having to
discard additional bluefin in order to meet the target catch
requirement of 2,500 lbs (1,134 kg). Examination of 1993 domestic
observer data indicates that of 15 bluefin caught during observed
trips, only four were retained (27 percent). Thus, reducing the target
catch requirement could lead to a reduction in bluefin mortality.
NMFS examined several options, none of which would change the
allocation for the total longline bycatch. The options that were
discussed at the scoping meetings were: (1) Require special gear; (2)
set a requirement of a minimum number of days between a vessel's
landings; and (3) revise the minimum target catch requirement of 2,500
lbs (1,134 kg). Recommendations also included prohibiting bluefin
catches in the spawning grounds in the Gulf of Mexico or, conversely,
to work through ICCAT to rescind the prohibition and establish a
limited directed fishery.
Special gear restrictions, such as breakaway leaders and circle
hooks, are a management option, but further study is required to define
exact specifications and enforcement methods. NMFS considered setting a
minimum number of days between allowable landing of a bluefin by
individual vessels but rejected this option because it could foster a
periodic directed fishery for bluefin while not necessarily eliminating
the problems of bluefin bycatch on longline trips directed at yellowfin
tuna, swordfish, or sharks. NMFS also considered prohibiting the
landing of bluefin by longliners during the spawning season in the Gulf
of Mexico but rejected this option because it would have precluded
retention of unavoidable bycatch that in many cases could not be
released alive. NMFS also rejected a limited directed fishery, which
would be inconsistent with the ICCAT recommendation. Given the depleted
status of the bluefin resource and the significance of the Gulf of
Mexico spawning grounds, NMFS does not consider a directed fishery to
be warranted at this time.
NMFS believes that requiring threshold amounts to be landed ensures
that bluefin are harvested only as bycatch incidental to fishing for
other species. NMFS examined landings of Gulf of Mexico longline trips
where no bluefin were taken to determine if the current target catch
requirement of 2,500 lbs (1,134 kg) is appropriate. The data indicate
that for years 1989 through 1991, the median values of landings for
trips where no bluefin were sold were slightly above 1,500 lbs (680 kg)
for the months of January through April, and about 3,500 lbs (1,588 kg)
for the months of May through December. Therefore, NMFS proposes to
amend the minimum poundage requirement so that for the southern
management area for the Incidental Catch category one bluefin tuna may
be landed per vessel per fishing trip, provided that for the months of
January through April at least 1,500 lbs (680 kg) and for the months of
May through December at least 3,500 lbs (1,588 kg), either dressed or
round weight, of species other than Atlantic bluefin tuna are legally
caught, retained, and offloaded from the same trip and are recorded on
the dealer weighout as sold. This change should reduce waste and
mortality of bluefin tuna, while preserving the quality and value of
legitimate bluefin bycatch that is landed.
NMFS believes it is possible to conduct directed fishing on species
other than bluefin, with only a limited amount of bluefin bycatch.
However, if evidence indicates this is not true, NMFS may consider more
stringent measures, such as area or season closures or gear
restrictions, in future rulemaking.
Adjust the Longline Incidental Catch Boundary Line
NMFS proposes to move the 36 deg.N. latitude line that separates
the northern and southern longline fisheries to 34 deg.N. latitude.
Several comments were received requesting such a change. A traditional
longline fishing area off Cape Hatteras straddles the current line at
36 deg.N. latitude. The current boundary, which is a very dynamic
oceanographic regime, creates a problem because of the uncertainty of
drifts in the cyclonic and anti-cyclonic eddies and currents that occur
in the area. Fishermen may take bluefin in an open area and drift to a
closed area, whereupon they are not able to land these fish because of
the prohibition on capture, retention, possession, and offloading of
bluefin when an area is closed to fishing. NMFS believes adjustment of
the boundary line to 34 deg.N. latitude is appropriate because this a
less dynamic oceanographic environment close to shore with the Florida
Current located further offshore. This modification should reduce waste
of fish and enforcement problems in this area without increasing
bluefin mortality. The total bluefin quotas for the northern and
southern management areas for incidental longline catch would remain
unchanged by this adjustment.
Request for Comments Regarding the Use of Curved Length Measurements of
Bluefin
NMFS proposes to amend the regulations to include definitions of
straight fork length, and curved fork length and to clarify that
straight length is the sole criterion for determination of bluefin tuna
size class. Additionally, NMFS proposes to amend the regulatory text
regarding dealer reporting to clarify the existing requirements to
report weights and lengths of bluefin tuna purchased from fishermen.
Currently, the size classes for bluefin are based on straight
lengths (lengths taken along a straight line between lines
perpendicular to the body). If proper equipment is used, straight
length provides a more accurate measurement for bluefin than curved
length (lengths taken along the curvature of the body) because of
short-term variations in the girth of the fish as a result of recent
feeding rates. Frequently, however, calipers or similar instruments are
not available for measuring the straight length of bluefin.
Measurements are often reported as curved length taken with a tape
measure held along the body of the fish. Illegal fish may be retained
when commercial fishermen and recreational anglers use curved length
instead of straight length for determination of size classes and
enforcement actions have resulted.
NMFS is not proposing to define size classes in terms of curved
length at this time. However, after analysis of length data is
completed, NMFS could amend the size-class definitions to make curved
length an acceptable criterion for determination of bluefin tuna size
class. NMFS requests comments on the use of curved length in
conjunction with, or in place of, straight length for determining size
classes of bluefin.
Request for Comments Regarding Additional Means To Provide Notice of
Fishery Closures
Under current regulations, closures are announced via notice in the
Federal Register, with the closures generally effective some time after
filing the notice. Fishermen who do not have access to these notices
may consult NMFS weekly catch reports, consult notices issued over the
highly migratory species fax network, listen for updates on NOAA
weather radio, or call 301-713-2347 or 508-281-9260 for current
information. NMFS received comments during the 1993 fishing season that
sufficient notice was not provided for all closures. While existing
regulations do not require advance notice of closure, NMFS recognizes
the importance of making every effort to notify the affected public as
far in advance as possible.
Although NMFS endeavors to provide advance notice, quota monitoring
is difficult when allowable catch levels are small relative to the
level of fishing effort. Based on current and historical catch rates,
NMFS attempts to project when quotas are likely to be reached for all
fishing categories. While the overriding concern is to maintain catch
within each category's quota, it is also important that NMFS afford the
maximum economic benefits to be gained from full use of allocated
quotas. Unfortunately, reliance on projected catch figures may result
in premature closures or short notification periods. Given the
increasingly restrictive bluefin quotas in years 1995 and beyond, NMFS
anticipates that quota monitoring and notification of closures will
become even more difficult. NMFS requests comments on alternative means
to provide notice of closures so as to minimize disruption to fishing
activities and allow participants to plan accordingly.
Technical Changes to the Regulations
NMFS proposes two revisions to correct and clarify the regulatory
text and to improve the effectiveness of management. A technical
revision to the regulatory text is proposed to omit obsolete references
contained in Sec. 285.31(a)(30). Also, NMFS proposes to specify in
Sec. 285.31(a)(37) that, in order to retain fish less than 70 inches,
vessels must have an Angling category permit or must have taken the
small bluefin pursuant to the incidental catch allowance of the Purse
Seine category fishery. This change is needed due to the implementation
of the Angling category permit promulgated in a prior rulemaking dated
August 27, 1993 (58 FR 45286).
Classification
This proposed rule is published under the authority of the ATCA, 16
U.S.C. 971 et seq. The AA has preliminarily determined that this
proposed rule is necessary to implement the recommendations of ICCAT
and is necessary for management of the Atlantic tuna fisheries.
The General Counsel of the Department of Commerce has certified to
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities because the fishing category quotas proposed for 1994
will remain the same as current quotas. Also, the proposed changes to
the Incidental Catch category would alleviate some of the restrictions
imposed on fishermen landing bluefin taken incidental to longlining for
swordfish, sharks and other tunas. These changes should facilitate
enforcement of bluefin regulations, would have a modest positive
economic impact for some longline fishing trips and should help prevent
waste of bluefin tuna which would otherwise be discarded dead. Since
the proposed changes would not significantly affect a substantial
number of small entities, a regulatory flexibility analysis was not
prepared. This proposed rule is not subject to review under E.O. 12866.
This rule involves a clarification of an existing collection-of-
information requirement subject to the Paperwork Reduction Act that has
been approved by OMB (control number 0648-0239). This change, in
reference to the daily dealer report, clarifies the requirement to
indicate the type of measurement recorded for bluefin tuna weights and
lengths. Public reporting burden for this collection of information is
estimated to average 3 minutes per response for completing the
requirement and faxing to NMFS. Send any comments regarding this burden
estimate or any other aspect of this requirement, including suggestions
for reducing the burden, to NMFS and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 285
Fisheries, Penalties, Reporting and recordkeeping requirements,
Treaties.
Dated: January 12, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set forth in the preamble, 50 CFR part 285 is
proposed to be amended as follows:
PART 285--ATLANTIC TUNA FISHERIES
1. The authority citation for part 285 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.
2. In Sec. 285.2, the definition of fork length is removed and
definitions of curved fork length and straight fork length are added,
in alphabetical order, to read as follows:
Sec. 285.2 Definitions.
* * * * *
Curved fork length means a measurement of the length of Atlantic
bluefin tuna taken in a line tracing the contour of the body along the
middle of the lateral surface from the tip of the snout to the fork of
the tail.
* * * * *
Straight fork length means a measurement of the length of Atlantic
bluefin tuna taken in a straight line along the middle of the lateral
surface from a line perpendicular to the tip of the snout to a line
perpendicular to the fork of the tail.
* * * * *
3. Section 285.22 is revised to read as follows:
Sec. 285.22 Quotas.
The total annual (January 1-December 31) amount of Atlantic bluefin
tuna that may be caught, retained, possessed or landed by persons and
vessels subject to U.S. jurisdiction in the regulatory area is
subdivided as follows:
(a) General. The total annual amount of large medium and giant
Atlantic bluefin tuna that may be caught, retained, possessed or landed
in the regulatory area by vessels permitted in the General category
under Sec. 285.21(b) is 531 mt, of which 65 mt is set aside for a late-
season fishery beginning September 15. On the basis of the statistics
referenced at Sec. 285.20(b)(1), the Assistant Administrator will
project a date when the catch of Atlantic bluefin tuna will equal the
annual quota minus 65 mt, and will publish notification in the Federal
Register stating that fishing for, retaining, possessing or landing
Atlantic bluefin tuna under the early-season quota must cease on that
date at a specified hour, and not recommence until September 15,
whereupon a quota equal to the difference between the annual quota and
the estimated catch prior to September 15 will become available. If the
Assistant Administrator determines (based on dealer reports,
availability of large medium or giant Atlantic bluefin tuna on the
fishing grounds, and any other relevant information) that variations in
seasonal distribution, abundance, or migration patterns of Atlantic
bluefin tuna, and the catch rate, may prevent fishermen in an
identified area from harvesting their share of the quota, the Assistant
Administrator may set aside an allocation of the late-season quota for
such area. The amount of any allocation shall not exceed the greater of
20 mt or the maximum reported landings in the identified area in any of
the preceding 3 years. The Assistant Administrator will publish
notification of any set-aside allocation and its basis in the Federal
Register. The daily catch limit for the identified area will be set at
one large medium or giant Atlantic bluefin tuna per day per vessel.
(b) Harpoon Boat. The total annual amount of large medium and giant
Atlantic bluefin tuna that may be caught, retained, possessed or landed
in the regulatory area by vessels permitted in the Harpoon Boat
category under Sec. 285.21(b) is 53 mt.
(c) Purse Seine. The total annual amount of large medium and giant
Atlantic bluefin tuna that may be caught, retained, possessed or landed
in the regulatory area by vessels permitted in the Purse Seine category
under Sec. 285.21(b) is 301 mt.
(d) Angling. The total annual amount of school, large school, and
small medium Atlantic bluefin tuna that may be caught, retained,
possessed or landed in the regulatory area by anglers is 219 mt. No
more than 99 mt of this quota may be school Atlantic bluefin tuna. This
quota is further subdivided as follows:
(1) 47 mt of school Atlantic bluefin tuna may be caught, retained,
possessed or landed south of 38 deg.47' N. latitude.
(2) 52 mt of school Atlantic bluefin tuna may be caught, retained,
possessed or landed north of 38 deg.47' N. latitude.
(e) Incidental. The total annual amount of large medium and giant
Atlantic bluefin tuna that may be caught, retained, possessed or landed
in the regulatory area by vessels permitted in the Incidental Catch
category under Sec. 285.21(b) is 113 mt. This quota is further
subdivided as follows:
(1) 109 mt for longline vessels. No more than 86 mt may be caught,
retained, possessed, or landed in the area south of 34 deg.00' N.
latitude.
(2) For vessels fishing under Sec. 285.23 (a) and (d), 4 mt may be
caught, retained, possessed, or landed in the regulatory area.
(f) Inseason adjustment amount. The total amount of Atlantic
bluefin tuna that will be held in reserve for inseason adjustments is
18 mt. The Assistant Administrator may allocate any portion (from 0 to
100 percent) of this amount to any category or categories of the
fishery, including research activities authorized under Sec. 285.1(c).
The Assistant Administrator will publish a notification of allocation
of any inseason adjustment amount in the Federal Register before such
allocation is to become effective. Before making any such allocation,
the Assistant Administrator will consider the following factors:
(1) The usefulness of information obtained from catches of the
particular category of the fishery for biological sampling and
monitoring the status of the stock;
(2) The catches of the particular gear segment to date and the
likelihood of closure of that segment of the fishery if no allocation
is made;
(3) The projected ability of the particular gear segment to harvest
the additional amount of Atlantic bluefin tuna before the anticipated
end of the fishing season; and
(4) The estimated amounts by which quotas established for other
gear segments of the fishery might be exceeded.
(g) The catching or retention of school, large school or small
medium Atlantic bluefin tuna is prohibited except as allowed under
paragraph (d) of this section.
(h) In any year, if the Assistant Administrator determines, based
on landing statistics and other available information, that the prior
year's quota in any category, or as appropriate, subcategory, has been
exceeded or has not been reached, the Assistant Administrator will
subtract the overharvest from or add the underharvest to that quota for
the subsequent year; provided that the total of allocations and the
reserve does not exceed the annual quota determined by ICCAT. The
Assistant Administrator will publish any amounts to be subtracted or
added and the basis for the quota reductions or increases in the
Federal Register.
(i) Transfers between categories. The Assistant Administrator is
authorized to make adjustments to quotas involving transfers between
vessel categories or, as appropriate, subcategories if the Assistant
Administrator determines, based on historical landing statistics,
present year catch rates and effort, and other available information,
that any category, or as appropriate, subcategory, is not likely to
take its entire quota as previously allocated for that year. Given that
determination, the Assistant Administrator may transfer, inseason, any
portion of the quota of any fishing category to any other fishing
category or to the reserve after considering the four factors indicated
at paragraphs (f) (1) through (4) of this section, and the probability
that any transfers between categories will not result in the total
quota being exceeded. The Assistant Administrator shall file a
notification of transfer of any inseason adjustment amount with the
Office of the Federal Register before such transfer is to become
effective.
4. Section 285.23 is amended by revising paragraph (c) to read as
follows:
Sec. 285.23 Incidental catch.
* * * * *
(c) Longlines. Subject to the quotas in Sec. 285.22, any person
operating a vessel using longline gear possessing an Incidental Catch
permit issued under Sec. 285.21 may retain or land large medium and
giant Atlantic bluefin tuna as an incidental catch. The amount of
Atlantic bluefin tuna retained or landed may not exceed:
(1) One fish per vessel per fishing trip landed south of 34 deg.00'
N. latitude, provided that for the months of January through April at
least 1,500 pounds (680 kg), and for the months of May through December
at least 3,500 pounds (1,588 kg), either dressed or round weight, of
species other than Atlantic bluefin tuna are legally caught, retained,
and offloaded from the same trip and are recorded on the dealer
weighout as sold; and
(2) Two percent by weight, either dressed or round weight, of all
other fish legally landed, offloaded and documented on the dealer
weighout as sold at the end of each fishing trip, north of 34 deg.00'
N. latitude.
* * * * *
5. In Sec. 285.26, the text preceding the table is revised to read
as follows:
Sec. 285.26 Size classes.
Straight fork length will be the sole criterion for determining the
size class of Atlantic bluefin tuna. For any Atlantic bluefin tuna
found with the head removed, it is deemed, for purposes of this
subpart, that the tuna, when caught, fell into a size class in
accordance with the following formula: Total straight fork length
equals pectoral fin straight fork length multiplied by a factor of
1.35. For this purpose, all measurements must be taken in a straight
line along the middle of the lateral surface from a line perpendicular
to the dorsal insertion of the pectoral fin of the beheaded fish to a
line perpendicular to the fork of the tail (PF, see Figure 1). The
pectoral fin straight fork length will be the sole criterion for
determining the size class of a beheaded Atlantic bluefin tuna. Total
straight fork length will be the sole criterion for determining the
size class of whole (head on) Atlantic bluefin tuna. Atlantic bluefin
tuna are deemed to fall into a size class according to the following
table; approximate round weights are given for illustrative purposes
only.
* * * * *
6. Section 285.29 is amended by revising paragraph (a) to read as
follows:
Sec. 285.29 Dealer recordkeeping and reporting.
* * * * *
(a) Must submit to the Regional Director via both electronic
facsimile (FAX) and the existing postal system a daily report on a
reporting card provided by NMFS, within 24 hours of the purchase or
receipt of each Atlantic bluefin tuna from the person or vessel that
harvested the fish. A FAX of said card must be received at the NMFS NE
Regional Office (FAX 508-281-9135) within 24 hours of the purchase or
receipt of each Atlantic bluefin tuna. Additionally, said card must be
postmarked and mailed within 24 hours of the purchase or receipt of
each Atlantic bluefin tuna. Each reporting card must be signed by the
vessel permit holder or vessel operator to verify the name of the
vessel that landed the fish and must show the Atlantic bluefin tuna
vessel permit number, metal tag number affixed to the fish by the
dealer or assigned by an authorized officer, the date landed, the port
where landed, the round and/or dressed weight (indicating which
weight(s) measured), the total or pectoral fin straight and/or curved
fork length (indicating which length(s) measured), gear used, and area
where the fish was caught.
* * * * *
7. Section 285.31 is amended by revising paragraphs (a)(30) and
(a)(37) to read as follows:
Sec. 285.31 Prohibitions.
(a) * * *
(30) Fish for, catch, retain, possess or land Atlantic bluefin tuna
from the Gulf of Mexico except as specified under Sec. 285.23 (c) and
(d);
* * * * *
(37) Fish for, catch, retain, possess or land any Atlantic bluefin
tuna less than 178 cm from a vessel other than one issued an Angling
Category permit under Sec. 285.21, or a Purse Seine category permit and
operating under Sec. 285.23(e).
* * * * *
[FR Doc. 94-1185 Filed 1-13-94; 1:30 pm]
BILLING CODE 3510-22-P