[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8943]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 940393-4093; I.D. 121393A]
RIN 0648-AG14

 

Atlantic Tuna Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule.

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SUMMARY: The Secretary of Commerce (Secretary) issues this interim 
final rule to revise the regulations governing the Atlantic tuna 
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; and make 
technical corrections to clarify the regulatory text.
    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.

EFFECTIVE DATE: April 16, 1994.

ADDRESSES: Copies of the Final Environmental Assessment/ Regulatory 
Impact Review, are available from Richard H. Schaefer, Director, Office 
of Fisheries Conservation and Management (F/CM), 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 Richard H. 
Schaefer at the above address and to the 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 Atlantic tuna fisheries are managed 
under regulations at 50 CFR part 285 implementing the recommendations 
of ICCAT and issued under the authority of the Atlantic Tunas 
Convention Act (ATCA), 16 U.S.C. 971 et seq. The ATCA authorizes the 
Secretary to implement regulations as may be necessary to carry out the 
recommendations of ICCAT. The authority to implement the ICCAT 
recommendations is delegated from the Secretary to the Assistant 
Administrator for Fisheries, NOAA (AA).

Purpose of Current Action

    Background information about this action was provided in the 
proposed rule (59 FR 2813, January 19, 1994) and is not repeated here.

Management Measures

    These regulatory changes will improve NMFS' ability to implement 
the ICCAT recommendations and further the management objectives for the 
domestic tuna fisheries:

1. Quota Allocations

    Quota allocations by permit category are maintained at the 1993 
level. The required 1 percent overall reduction for the U.S. fishery is 
taken from the reserve category.

2. Boundary Adjustment

    The line designating the northern and southern management areas for 
the Incidental category is adjusted south to 34 deg. N. latitude.

3. Minimum Landings Requirement

    The directed fishery minimum poundage requirement of landing one 
bluefin tuna in the southern management area for vessels permitted in 
the Incidental category is decreased to 1,500 pounds (680 kg) during 
the months of January through April, and is increased to 3,500 (1,588 
kg) pounds during the months of May through December.

4. Technical Corrections

    A number of technical corrections to the regulations at 50 CFR part 
285 are made to: Add definitions for straight fork length and curved 
fork length; delete an obsolete reference to at-sea processing of 
bluefin tuna; adjust the conditions under which retention of small fish 
is authorized to account for the recently implemented Angling category 
permit and prohibit possession of small bluefin taken by unauthorized 
gear; clarify the catch limits which apply to vessels holding permits 
for both the Angling and General categories; define more clearly the 
biweekly reporting periods for bluefin tuna transactions; and instruct 
bluefin dealers to mail required reporting forms at the dealer's 
expense. These changes will not affect the conduct of the tuna 
fisheries except to facilitate enforcement. Without such changes, the 
fisheries cannot be monitored or enforced with maximum effectiveness.

Comments and Responses

1. Quota Allocations

    Comment: Given the need for stock-rebuilding, allocating 301 mt to 
the purse seine category is unjustified.
    Response: Within limits and guidelines arising from recommendations 
of ICCAT, as required by U.S. law, NMFS allocated a limited resource to 
the various categories according to historical catch shares. This 
allocation based on historical share was established in 1992, following 
the 1991 ICCAT-recommended reductions in quota for the western 
Atlantic.
    Comment: NMFS needs to establish a set-aside for the traditional NY 
Bight recreational fishery.
    Response: The total quota of school bluefin tuna that NMFS has at 
its disposal (99 mt or 8 percent of its national quota) was determined 
by ICCAT at the November, 1993 meeting. Therefore, as required by the 
Atlantic Tunas Convention Act, NMFS has no discretion to raise or lower 
that amount. A 52.5 mt subquota of school bluefin tuna is reserved for 
recreational fishermen in the area from New Jersey north and is based 
on average catches from those areas in recent years. Given the 
difficulties of monitoring recreational catch and the interannual 
variability in bluefin migration patterns, a further fractioning of 
quotas would result in quota management areas that would be impossible 
to administer on a real-time basis.
    Comment: Deducting 13 mt from the reserve to maintain fishing 
category quotas at 1993 levels does not reduce fishing mortality nor 
does it prepare the industry for future quota reductions.
    Response: With respect to fishing mortality, maintaining 
allocations by reducing the reserve will achieve the same results as 
reducing all categories proportionally. The reserve is used only to 
make up for overharvest in any category. NMFS believes a reserve amount 
of 18 mt is sufficient for the intended purpose of maintaining total 
harvest within the U.S. quota. Recent improvements in quota monitoring 
procedures (e.g., faxing dealer reports) reduce the risk of commercial 
categories overharvesting the annual quota. Further, the industry is 
aware of the future quota reductions recommended by ICCAT in 1993.

2. Boundary Adjustment

    Comment: Adjusting the boundary line between the northern and 
southern management areas will do little to reduce mortality.
    Response: Since the quotas for the two Incidental category longline 
management areas would remain the same, there would be no adverse 
impact on the ICCAT stock recovery program.

3. Minimum Landings Requirement

    Comment: The change in minimum landing requirement will not reduce 
bluefin mortality. Instead, NMFS should create an experimental fishery 
requiring specialized gear such as break-away leaders.
    Response: Such an experimental fishery requires a substantial 
analysis of environmental and economic impacts and considerable 
research is needed to develop an enforceable definition or criteria for 
breakaway gear. Therefore, provisions for an experimental fishery could 
not be included into this interim final rule without violating notice 
and comment requirements. However, NMFS does plan to consider fully the 
management alternative of the suggested experimental fishery in the 
proposed rulemaking for the 1995 fishing season and will analyze this 
alternative in the Draft Environmental Impact Statement (DEIS) to be 
released in May 1994. In the interim, NMFS will continue to gather 
information (anecdotal and scientific) and encourage the use of 
specialized gear and fishing methods to reduce bluefin mortality. 
Fishermen are encouraged to contact NMFS to discuss alternative means 
of avoiding bluefin hook-ups. To the extent that bluefin discards are 
reduced through shorter trips, total fishing mortality may decrease.
    Comment: The Mid-Atlantic Fishery Management Council recommended 
that NMFS require a minimum number of days between landings of bluefin 
tuna and that NMFS develop special break-away gear.
    Response: A minimum number of days between landing a bluefin, in 
the absence of other restrictions, would allow for an intermittent 
directed fishery, contrary to the ICCAT recommendation. NMFS agrees 
with the industry that a minimum number of days between landings in 
conjunction with a minimum poundage requirement would be too 
restrictive for Gulf longliners and would only result in additional 
discards. NMFS will continue to research break-away gear.

4. Technical Corrections

    Comment: Use of curved length measurements would allow the 
retention of illegal-sized fish so the measurement should be defined 
and its use prohibited.
    Response: NMFS did not propose to allow use of curved length 
measurements to determine size classes of bluefin tuna. NMFS sought 
only to clarify the alternative measurement methods and to take comment 
on the feasibility of increasing the size class definitions to account 
for the curved length method. Once additional industry comments and 
field observations are made concerning the measurement techniques used 
by the industry for Atlantic bluefin tuna, NMFS will make a 
determination about what would be the appropriate method to use. If the 
curved length measurement were to become standard, the sizes would be 
adjusted accordingly. This adjustment would not allow retention of 
illegal-sized bluefin.

5. Request for Comments on Closure Notices

    Comment: Timely notice of closures is commendable but closures 
should err on the side of conservation.
    Response: NMFS attempts to keep harvests within allotted quota 
levels and has retained the reserve to account for overharvest in any 
category.

6. The Environmental Assessment's ``Finding of No Significant Impact''

    Comment: Without more effective conservation measures, the proposed 
rule is likely to have significant impacts on bluefin stock recovery.
    Response: The proposed actions continue and facilitate 
implementation of ICCAT's long-term program for stock recovery. While 
the minor changes affecting the 1994 U.S. domestic fishery may not 
appear to significantly accelerate stock recovery, they are an integral 
part of an overall 15 percent ICCAT reduction for 1994. Analysis of 
more far-reaching management alternatives will continue as NMFS 
prepares a DEIS for the 1995 fishery. As evidence of commitment to this 
long-term process of stock rebuilding, NMFS issues these regulatory 
changes as an interim final rule, rather than a final rule. This 
interim final rule will be superseded when regulatory actions are 
implemented for the 1995 fishery after completion of the 1994 ICCAT 
meeting and the public review process required under the National 
Environmental Policy Act.

Changes From the Proposed Rule

    The following changes were made to the proposed rule: In 
Sec. 285.22, the Angling category subquotas for school size tuna are 
indicated to one decimal place to reflect the total of 99 mt. In 
Sec. 285.24, a paragraph has been added to clarify the catch limits 
that apply to vessels holding permits for both the Angling and General 
categories.
    In Sec. 285.29, language was added to instruct bluefin dealers to 
mail required reporting forms at the dealer's expense. This is 
necessary because the U.S. Department of Commerce can no longer provide 
postage and fees for the delivery of Dealer Landing Report forms to the 
NMFS Gloucester office, because the post office no longer accepts the 
previously issued government postage-paid envelope. Also in 
Sec. 285.29, a clarification is made to define the biweekly reporting 
periods as the first day to the fourteenth day of each month and the 
fifteenth day to the last day of the month.
    At the request of NMFS enforcement staff, paragraph (a)(28) in 
Sec. 285.31 is amended to prohibit possession of school, large school, 
and small medium bluefin tuna taken by unauthorized gear. Also, a 
correction to the regulatory text at Sec. 285.31 is made to omit 
paragraph (c) relating to a prohibition on certain forms of at-sea 
processing of bluefin tuna. A prior rule change (see 58 FR 45286, 
August 27, 1993) affecting at-sea processing of tunas rendered this 
paragraph obsolete.

Classification

    This interim final rule is published under the authority of the 
ATCA, 16 U.S.C. 971 et seq. The AA has determined that this 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 rule 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 changes to the Incidental Catch 
category will alleviate some of the restrictions imposed on fishermen 
landing bluefin taken incidental to longlining for swordfish, sharks, 
and other tunas. These changes will facilitate enforcement of bluefin 
regulations, will have a modest positive economic impact for some 
longline fishing trips and will help prevent waste of bluefin tuna 
which would otherwise be discarded dead. Since the changes made to the 
proposed rule are not such as would significantly affect a substantial 
number of small entities, a regulatory flexibility analysis was not 
prepared. This interim final rule has been determined to be not 
significant for purposes of Executive Order 12866.
    This interim final 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. The requirements for the 
bi-weekly dealer report are also restated. The reporting burden is 
estimated to average 33 minutes per response. Send any comments 
regarding these burden estimates or any other aspect of these 
requirements, including suggestions for reducing the burden, to NMFS 
and OMB (see ADDRESSES).
    NMFS has determined that there is good cause to waive partially the 
30-day delay in the effective date normally required by Section 553(d) 
of the Administrative Procedure Act because reducing Atlantic bluefin 
tuna mortality in the incidental longline southern area fishery is 
necessary for compliance with international obligations. Since this 
fishery is underway, early implementation of the new target species 
minimum catch will better ensure that bluefin tuna incidental mortality 
is minimized. Early implementation of the other measures is important 
because the bluefin fishery is underway and these measures are 
necessary for effective implementation of the ICCAT recommendations.

List of Subjects in 50 CFR Part 285

    Fisheries, Penalties, Reporting and recordkeeping requirements, 
Treaties.

    Dated: April 8, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 285 is 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 for ``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 amended as follows:
    a. In paragraphs (a) and (i) change ``AA'' to read ``Assistant 
Administrator'' wherever it occurs.
    b. In paragraph (d) introductory text, change ``100 mt'' to read 
``99 mt''.
    c. In paragraphs (d) (1) and (2), change ``47 mt'' and ``53 mt'' 
respectively to read ``46.5 mt'' and ``52.5 mt'' respectively.
    d. In paragraph (e) introductory text, change ``226 mt'' to read 
``113 mt'' and paragraph (e)(1) is revised to read as follows:


Sec. 285.22  Quotas.

* * * * *
    (e) * * *
    (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.
* * * * *
    e. In paragraph (f) introductory text, change ``31 mt'' to read 
``18 mt''.
    4. Section 285.23 is amended by revising paragraphs (c) (1) and (2) 
to read as follows:


Sec. 285.23  Incidental catch.

* * * * *
    (c) * * *
    (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. Section 285.24 is amended by adding paragraph (e) to read as 
follows:


Sec. 285.24  Catch limits.

* * * * *
    (e) Vessels holding multiple permits. Anglers aboard vessels 
jointly permitted in the Angling category and the General category or 
Incidental (Rod and Reel) category may catch, retain, possess, or land 
each day the bag or boat limits for anglers specified in paragraphs 
(d)(1) through (d)(4) of this section. In addition to the Angling 
category catch limits, one of the following vessel limits apply: (1) 
The daily vessel limit for large medium or giant Atlantic bluefin tuna 
applicable to the General category as specified in paragraph (a) of 
this section, or
    (2) The annual vessel limit for large medium or giant Atlantic 
bluefin tuna applicable to the Incidental (Rod and Reel) category as 
specified in paragraph (d) of section 285.23.
    6. In Sec. 285.26, the introductory 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.
* * * * *
    7. Section 285.29 is amended by revising paragraphs (a) and (b)(1) 
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 at the dealer's expense 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.
    (b) * * *
    (1) Said report must be postmarked and mailed at the dealer's 
expense within 10 days after the end of each 2-week reporting period in 
which Atlantic bluefin tuna were purchased, received, or imported. The 
biweekly reporting periods are defined as the first day to the 
fourteenth day of each month and the fifteenth day to the last day of 
the month. Each report must specify accurately and completely for each 
tuna purchased: Date of landing or import; vessel Atlantic Bluefin Tuna 
permit number (if appropriate); metal tail tag number; weight in pounds 
or kilograms (specify if round or dressed); nature of the sale 
(dockside or consignment); price per pound or kilogram (round or 
dressed weight); and destination of the fish (domestic or export). In 
addition, dealers may indicate the quality rating of their bluefin 
tuna: (A, B, or C) for four attributes (freshness, fat, color, and 
shape).
* * * * *
    8. Section 285.31 is amended by removing paragraph (c) and by 
revising paragraphs (a)(28), (a)(30), and (a)(37) to read as follows:


Sec. 285.31  Prohibitions.

    (a) * * *
* * * * *
    (28) Fish for or catch school, large school or small medium 
Atlantic bluefin tuna with gear other than hook and line, which is held 
by hand or rod and reel made for this purpose, or to possess such fish 
taken with unauthorized gear;
* * * * *
    (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. 94-8943 Filed 4-11-94; 11:38 am]
BILLING CODE 3510-22-P