[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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