[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Proposed Rules]
[Pages 25665-25676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11686]
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DEPARTMENT OF COMMERCE
50 CFR Part 285
[Docket No. 950426116-5116-01; I.D. 040495D]
RIN 0648-AH76
Atlantic Tuna Fisheries; Quotas and Permit Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; public hearings; request for comments.
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SUMMARY: NMFS proposes amendments to the regulations governing the
Atlantic tuna fisheries to: Set Atlantic bluefin tuna (ABT) fishing
category quotas for the 1995 fishing year; control fishing effort in
the ABT General category; limit entry in the ABT Harpoon Boat category;
extend vessel and dealer permitting and reporting requirements to all
Atlantic tunas fisheries; adjust angler bag limits; establish
transferable vessel allocations and a total quota in the purse seine
fishery for yellowfin tuna, and make technical changes to facilitate
enforcement and improve management efficiency.
The proposed regulatory amendments would address allocation issues
in the ABT General and Harpoon Boat categories, and simplify rules
applicable to recreational fishing for tunas. The permitting and
reporting provisions would enhance data collection and enforcement of
catch restrictions in the Atlantic tuna fisheries and enable the United
States to collect fishery information needed by the International
Commission for the Conservation of Atlantic Tunas (ICCAT) to produce
stock assessments. These actions are necessary to begin implementation
of the 1993 recommendation of ICCAT regarding fishing effort on
yellowfin tuna, and to implement the 1994 recommendation of ICCAT
regarding fishing quotas for bluefin tuna, as required by the Atlantic
Tunas Convention Act (ATCA). NMFS will hold public hearings to receive
comments from fishery participants and other members of the public
regarding these proposed amendments.
DATES: Comments are invited and must be received by June 8, 1995. See
SUPPLEMENTARY INFORMATION for dates, times, and locations of the public
hearings.
ADDRESSES: Comments on the proposed rule should be sent to, and copies
of supporting documents, including a Supplemental Draft Environmental
Impact Statement (SDEIS) and Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (RIR/IRFA), are available from, Richard
B. Stone, Chief, Highly Migratory Species Management Division, Office
of Fisheries Conservation and Management (F/CM), NMFS, 1315 East-West
Highway, Silver Spring, MD 20910-3282. Information copies of proposed
permit applications and reporting forms may be obtained from NMFS at
the above address, NMFS, Northeast Region, Fisheries Management
Division, 1 Blackburn Drive, Gloucester, MA 01930-2298, or NMFS,
Southeast Region, Fisheries Management Division, 9721 Executive Center
Drive, St. Petersburg, FL 33702-2432. Comments regarding the burden-
hour estimate or any other aspect of the collection-of-information
requirements contained in this rule should be sent to Richard B. Stone
and to the Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC 20503 (Attn: NOAA Desk Officer).
See SUPPLEMENTARY INFORMATION for the public hearing locations.
FOR FURTHER INFORMATION CONTACT: Christopher W. Rogers, 301-713-2347;
or Kevin B. Foster, 508-281-9260.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under regulations at 50 CFR part 285 issued under the authority of the
ATCA. The ATCA authorizes the Secretary of Commerce (Secretary) to
implement regulations as may be necessary to carry out the
recommendations of ICCAT. The authority to implement ICCAT
recommendations has been delegated from the Secretary to the Assistant
Administrator for Fisheries, NOAA (AA).
Purpose
Bluefin Tuna: Based on a revised stock assessment, parties to the
1994 meeting of ICCAT adopted a recommendation to increase the annual
quota of ABT in the western Atlantic Ocean from 1,995 metric tons (mt)
to 2,200 mt. The share allocated to the United States was set at 1,311
mt with the provision that unused quota from 1994 be carried over or
overharvest be [[Page 25666]] subtracted from the 1995 total. This
proposed rule would implement that quota recommendation accounting for
overharvest and underharvest in each regulatory category.
In addition to the proposed quota allocations, NMFS proposes a
number of changes to operations of the ABT Angling, General and Harpoon
Boat permit categories. The changes to the regulations pertaining to
the Angling category would simplify the regulations, reduce mortality,
and reduce information collection burdens. The changes to the
regulations pertaining to the General category would lengthen the
fishing season by apportioning the total allowable catch into monthly
quotas and restricting fishing on certain days. The changes to the
regulations pertaining to the Harpoon Boat category would curtail
further expansion of fishing effort in this category by imposing a
moratorium on new permits.
NMFS has determined that these requirements would bring the United
States into compliance with the 1994 ICCAT recommendations pertaining
to management of bluefin tuna and would improve economic returns to
fishery participants.
Yellowfin Tuna: Parties to the 1993 meeting of ICCAT adopted a
recommendation that Contracting Parties restrict the effective level of
fishing effort directed at yellowfin tuna to levels exerted in 1992.
That recommendation, which this proposed rule would begin to implement,
requires information collection programs to estimate accurately fishing
effort exerted by commercial and recreational fisheries. In addition,
NMFS is proposing quotas in the purse seine fishery, a catch limit of
10 fish per day in the recreational fishery, a re-specification of the
size limit based on a linear measure, and elimination of tolerance of
yellowfin tuna below the minimum size. The ICCAT recommendation is
based on the need to restrict potential escalation of fishing effort
directed at yellowfin tuna, which is a fully exploited stock.
NMFS has determined that these requirements would begin the process
of implementing the 1993 ICCAT recommendations pertaining to management
of yellowfin tuna.
Fishing Category Quotas
During scoping meetings and the subsequent comment period in 1994,
NMFS received numerous comments regarding reallocation of the domestic
bluefin tuna quota among gear categories. This rule proposes to
maintain the ``status quo'' method of allocation of the domestic U.S.
quota for 1995. However, NMFS will explore other methods for domestic
allocation for 1996 and beyond and requests additional comment,
particularly on access control and market-based allocation
alternatives.
Other methods for domestic allocation include access control
alternatives that address overcapitalization. A brief introduction to
three access control alternatives is provided in the SDEIS, but these
are not considered in detail because NMFS does not intend to implement
them in 1995. The three access control alternatives vary widely in
operation and effects on the fishery, such as equitability,
acceptability, management costs, employment, and overall economic
efficiency. NMFS plans to work with fishery participants to research
and develop these access control alternatives, together with user group
allocation issues, for possible implementation in future years.
The total 1995 quota allocated by ICCAT to the United States is
1,311 mt. Under the proposed allocation scheme, the 76 mt increase over
the 1994 U.S. quota of 1,235 mt allocated to the United States would be
placed in the Reserve category. Base quotas for all other categories
would be maintained at the 1994 base levels. However, quotas would be
adjusted to account for 1994 underharvest or overharvest in respective
categories (Exhibit 1). The proposed rule would set ABT fishing
category quotas for the 1995 fishing year as follows: General
category--438 mt; Harpoon Boat category--47 mt; Purse Seine category--
301 mt; Angling category--320 mt; Incidental category--129 mt; Inseason
Reserve--94 mt.
Exhibit 1.--Proposed ABT Quotas by Fishing Category
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Inseason 1994 1995
Permit category 1994 quota adjustment adjusted 1994 catch 1994 over/ adjusted
to quota quota under quota
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General........................ 531 18 549 642 93 438
Harpoon........................ 53 ........... 53 59 6 47
Incidental:.................... 113 ........... 113 97 -16 129
Other........................ 4 ........... 4 2 -2 6
Longline..................... 109 ........... 109 95 --14 123
North...................... 23 10 33 29 -4 23
South...................... 86 -10 76 66 -10 100
Purse Seine.................... 301 ........... 301 301 ........... 301
Angler: 219 ........... 219 118 -101 320
> School..................... 120 ........... 120 70 -50 170
School....................... 99 ........... 99 48 -51 150
South...................... 46.5 ........... 46.5 23.1 -23 70
North...................... 52.5 ........... 52.5 24.5 -28 80
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Total allocated.......... 1217 18 1235 1217 -18 1235
Reserve.................. 18 -18 ............ ............ ........... 94
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Total US ICCAT........... 1235 ........... 1235 1217 -18 1329
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Note: Overharvest/underharvest in 1994 is applied to 1994 base quotas to calculate 1995 adjusted quotas. The
total 14 mt underharvest in the longline category was applied to the base quota for the southern subcategory
to compensate for the 1994 inseason transfer.
In addition, this proposed rule would establish monthly quotas for
the ABT General category to address concerns expressed to NMFS
regarding allocation of fishing opportunities and to allow for a late
season fishery. Many proposals for lengthening the season were received
by NMFS during scoping meetings held in September, 1994. In essence,
these proposals would apportion the total catch into monthly quotas
based on historical records of landings. NMFS [[Page 25667]] proposes
to apportion the quota based on the following percentages: 20 percent
in June/July; 35 percent in August; 35 percent in September; and 10
percent in October. Of the 438 mt total, 88 mt would be available in
the period beginning June 1 and ending July 31; 153 mt would be
available in the period beginning August 1 and ending August 31; 153 mt
would be available in the period beginning September 1 and ending
September 30; and 44 mt would be available beginning October 1.
Attainment of quota in any period would result in a closure until the
subsequent period, whereupon any underharvest or overharvest would be
carried over to the subsequent period to adjust the base quota for that
period. Such inseason closures would be published in the Federal
Register and announced through local media and over NOAA weather radio.
This proposed rule would also restrict allowable fishing days for
vessels permitted in the ABT General category. Industry groups have
proposed daily closures as a means of lengthening the fishing season.
Persons aboard vessels permitted in the General category would not be
allowed to fish for, catch, retain, or land ABT on Sundays and
Wednesdays, each week. This management measure would serve to prevent
overharvest of quota in any period and is tied, in part, to market
closures in Japan (the major export market) to minimize potential
negative economic consequences to U.S. fishermen.
The proposed effort controls would improve distribution of fishing
opportunities without increasing ABT mortality. Accordingly, there
would be no additional biological impacts resulting from this proposed
action.
ABT Permit and Reporting Requirements
This proposed rule would impose a moratorium, effective May 15,
1994, on permits issued for vessels in the ABT Harpoon Boat category,
and establish landings and vessel characteristics as qualifying
criteria for this category. This management measure was proposed by
vessel owners in this category as a means of preserving this
traditional fishery. Given the small quota allocated to this category,
limited entry would curtail further expansion of fishing effort.
Although NMFS published a control date of September 1, 1994,
pertaining to access to the Atlantic tuna fisheries, vessels issued
permits in the Harpoon category as of the control date were required to
declare participation prior to May 15, 1994. For this reason NMFS
proposes to use the earlier date as a cutoff for participation. In
addition, NMFS proposes further to restrict permits to vessels active
in the fishery, as evidenced by landing at least one ABT over the
period 1990 through 1994, and to vessels capable of participating in
this weather-sensitive offshore fishery, as evidenced by being greater
than 25 feet in length.
NMFS records indicate that only 53 vessels of the 118 vessels
currently permitted in the Harpoon Boat category would qualify under
these vessel characteristic and participation criteria. As proposed,
appeals would be considered only in the event NMFS records contain
erroneous information about the length of the vessel or its associated
catch history. Vessel owners excluded from the Harpoon Boat category
based on erroneous information could appeal in writing to the Regional
Director, stating the reason for the appeal and providing documented
evidence of the vessel characteristics and/or catch history.
NMFS also proposes to consolidate ABT Angling and Incidental Rod &
Reel Category permits. Prior to establishing the Angling category
permit, NMFS had established a permit to allow anglers to take one
large medium or giant ABT per year, provided NMFS is notified when the
fish is landed, and provided the fish is not sold. The proposed change
in requirements eliminates the need to obtain two separate permits in
the recreational ABT fishery. However, notification requirements for
large medium and giant ABT would still apply to anglers, as would the
one per year limit and the prohibition of sale.
In addition, NMFS proposes to preclude issuance of both ABT General
and Angling category permits to a single vessel. Industry participants
have communicated concerns to NMFS that permitting vessels in both the
Angling and General categories facilitates violations of bag limits and
results in additional mortality of tuna, in that vessels may continue
to fish after the daily commercial trip limit is reached with the
intent to capture a more valuable fish or transfer illegal fish to
another vessel. Allowing issuance of only a General or Angling category
permit to a single vessel would reduce bluefin discard mortality.
Persons aboard General category vessels would be required to cease
fishing once the daily limit is attained. Persons aboard Angling
category vessels registered in the NMFS cooperative tagging program
would be authorized to continue catch and release fishing once
applicable daily limits are attained.
The proposed permit requirements would improve distribution of
fishing opportunities and should decrease ABT mortality.
Private and Party/Charter Vessel Permit Requirements
This proposed rule would amend the ABT Party/Charter permit
regulations to allow for either recreational or commercial fishing,
under specific conditions. Operators of partyboats and charter vessels
have expressed concerns to NMFS that efforts to preclude vessels from
fishing in both a recreational and commercial capacity would
disproportionately impact their sector. Many operators indicated that
they fish commercially when not engaged in fee fishing with clients.
The proposed regulations would allow vessels in the Party/Charter
categories to fish commercially, provided they are not operating as a
partyboat or charter vessel on that trip. Charter vessels with more
than three persons aboard and partyboats with more persons aboard than
the crew requirements listed on the Coast Guard certificate would be
deemed to be on a fee-fishing trip, and anglers on board would be
restricted to the applicable bag limits.
This proposed rule would also extend the Party/Charter vessel
permit requirement to all other Atlantic tunas fisheries. In response
to the ICCAT recommendation that contracting parties restrict effort on
yellowfin tuna, NMFS presented available data on the yellowfin tuna
recreational fishery at scoping meetings in September 1994. NMFS
acknowledges that recreational data are incomplete with regard to large
pelagics other than bluefin tuna. Given the adverse public reaction to
the incomplete data and subsequent receipt of a petition to take no
further action that affects recreational tuna fisheries until NMFS can
accurately document the catch of this sector, it is clear that NMFS
must implement a comprehensive recreational fishing reporting program
for all Atlantic tunas.
To initiate the process of implementing the ICCAT recommendation,
NMFS proposes permits for Party/Charter vessels, effective September
15, 1995, to assist in developing a sampling frame and survey design.
Party/Charter vessels permitted in the bluefin tuna Angling category
would be exempt from this requirement to prevent issuance of redundant
permits. Effective January 1, 1996, owners of private vessels would
also be required to obtain permits to fish for, retain and land any
Atlantic tuna.
The proposed permit requirements would improve distribution of
fishing [[Page 25668]] opportunities by separating commercial and
recreational activities but would allow for income-dependent groups
such as charter operators to continue making a living in the fishery.
These proposed requirements should have no incremental effect on ABT
mortality.
Purse Seine Permit, Quota and Reporting Requirements
This proposed rule would extend the vessel permit requirements for
purse seine vessels to all Atlantic tunas fisheries and restrict
eligibility to purse seine vessels currently permitted for ABT.
Although NMFS has by regulation restricted entry to the purse seine
fishery for ABT since 1982, the regulations regarding allowable purse
seine fishing for other Atlantic tunas have not been explicit. However,
the 1982 purse seine ABT quota was allocated as bycatch only, to be
taken incidental to purse seine fishing for yellowfin and skipjack
tuna. Currently, regulations preclude any purse seine operator who has
transferred a directed fishing ABT allocation to another purse seine
vessel from using purse seines in any fishery in which ABT might be
incidentally taken. While current regulations imply that fishing for
Atlantic tunas with purse seines is restricted to vessels with ABT
allocations, the proposed regulations would explicitly limit purse
seine fishing for Atlantic tunas to vessels permitted in the ABT Purse
Seine category and which have reported yellowfin landings to NMFS over
the period 1989 through 1993.
Also, this proposed rule would establish a 350 mt purse seine quota
for yellowfin tuna. While it is essential that NMFS document the full
extent of U.S. yellowfin tuna fisheries prior to proposing rules to
implement the ICCAT recommendation, information on the purse seine
fishery for yellowfin tuna is complete. Although the purse seine
fishery is the only segment of the Atlantic yellowfin tuna fishery for
which a quota is proposed at this time, NMFS would implement quotas, or
other methods of effort (catch) control, in other fishery sectors
(e.g., longline, rod and reel) as complete information on effort is
compiled.
The purse seine quota would be allocated in equal shares to all
eligible purse seine vessels requesting such allocation. This proposed
total quota was derived from the five year average total catch over the
period 1989-93, and corresponds approximately to the 1992 catch of 376
mt.
As proposed, individual purse seine allocations would be
transferable, in whole, to any other vessel permitted in the Atlantic
tunas fisheries, including vessels other than purse seine vessels. Such
transferability would enable a given level of catch (removal from the
stock) to be landed by that segment of the industry, recreational or
commercial, which obtains the highest value for the tuna. In the event
a purse seine vessel transfers its ABT allocation, the vessel's
yellowfin allocation, if applicable, also would be transferred or
forfeited.
In addition, this proposed rule would require purse seine hailing/
reporting for all trips in which Atlantic tunas are expected to be
taken either as a directed fishing allocation or as bycatch.
For the most part, the proposed purse seine requirements only
codify existing fishing practices in response to the ICCAT
recommendations and domestic management objectives. These measures
should have no incremental effect on mortality of Atlantic tunas.
Commercial Use Permits
In response to the ICCAT recommendation that contracting parties
restrict effort on yellowfin tuna, NMFS must collect complete catch and
landings statistics for the yellowfin fisheries. This proposed rule
would require vessel permits for operators engaging in sale of Atlantic
tunas (exempting swordfish/shark/bluefin tuna permittees) and would
require dealer permits for the purchase of Atlantic tunas (exempting
current swordfish/shark/bluefin permittees). Much information on
yellowfin tuna fisheries is collected through existing logbooks and
dealer reports for the ABT, swordfish and shark fisheries. However,
NMFS believes that all fishermen and dealers active in yellowfin tuna
fisheries may not be covered under the existing reporting programs.
The proposed permit requirements would improve NMFS' ability to
document participation in the tuna fisheries and would have no effect
on mortality of Atlantic tunas.
ABT Daily Reports
This proposed rule would replace the daily fax reporting
requirement for ABT dealers with a phone-in report via an interactive
voice response system (IVRS). The IVRS would improve quota monitoring
because data would be entered electronically and directly by ABT
dealers. Real-time data entry is essential to prevent quota overages in
ABT quota categories. These revised reporting requirements would also
facilitate monitoring of proposed monthly quotas in the ABT General
category and would reduce the adverse impacts of subtracting quota
overages from subsequent periods. The proposed permit requirements
would have no effect on mortality of Atlantic tunas.
Angling Category Bag Limits
NMFS proposes to simplify ABT angling category bag limits.
Currently, bag limits are complex and vary depending on size categories
of ABT and whether anglers are aboard a private vessel or a party/
charter vessel. These bag limits were intended to maximize fishing
opportunities, lengthen the fishing season, and reduce fishing
mortality on particular age classes of fish. In application, the bag
limits, and adjustments thereto necessary to reflect changing abundance
of individual year classes, are difficult to communicate effectively to
both anglers and enforcement personnel.
For these reasons, NMFS proposes to simplify ABT bag limits as
follows: each angler aboard a vessel permitted in the Angling or Party/
Charter category would be authorized to retain and land a maximum of
two ABT per trip from among the school, large school, or small medium
size classes.
NMFS also proposes to implement a 10 fish per angler catch limit
for yellowfin tuna. This measure is necessary to reduce waste and
maximize fishing opportunities as NMFS begins to implement the ICCAT
recommendation to limit effective fishing effort on yellowfin tuna.
Vessel owners or operators who sell yellowfin and consequently do not
wish to be bound by the angler catch limits, could apply for commercial
fishing permits.
Yellowfin and Bigeye Tuna Size Limits
This proposed rule would re-specify yellowfin and bigeye tuna
minimum size limits as a linear measure of 22 inches (56 cm) according
to the curved measurement method. Currently, the ICCAT recommendation
on minimum sizes for these species is expressed as 3.2 kg (7 lb). It is
more practical to take length rather than weight measurements at-sea,
and this change would reduce handling of fish to be released. This
measure should better enable release of small yellowfin and bigeye tuna
in a manner that will promote survival. NMFS also proposes to eliminate
the tolerance of undersized yellowfin and bigeye tuna to require
release of small fish and to facilitate enforcement.
Technical Amendments
A number of technical amendments to the regulations are proposed to
facilitate enforcement, promote compliance and/or increase management
efficiency. In section 285.1, letters of exemption from regulations for
the purpose of scientific [[Page 25669]] research would be issued only
by the Director, Office of Fisheries Conservation and Management. This
is necessary to provide NMFS and Coast Guard enforcement personnel with
a single point of contact regarding conditions of exemption from
regulations otherwise applicable to the parties conducting scientific
research.
Another proposed technical amendment would prohibit close
approaches by purse seine vessels to other vessels engaged in
recreational or commercial fishing for Atlantic tunas. Current
regulations prohibit all vessels other than purse seine vessels from
approaching within 100 yards of the cork line of a purse seine. The
proposed amendment would make the requirement reciprocal by prohibiting
purse seine vessels from approaching within 100 yards of other vessels
engaged in recreational or commercial fishing.
NMFS also proposes to amend the 10 percent bycatch limit for large
medium ABT applicable to purse seine vessels from a per trip limit to a
per season limit. ABT tend to segregate into schools of distinct age
classes. While operators of these vessels target giant ABT and set
purse seines accordingly, some captured fish inevitably fall into the
large medium size class. The 10 percent bycatch allowance reduces waste
of fish that would otherwise be discarded dead, and limits ABT
mortality since retained large medium fish are counted against the
purse seine vessel allocation. The proposed change would further reduce
waste by allowing flexibility in the bycatch limit as applied to
individual trips.
NMFS also proposes to add definitions for ``bandit gear''
(downriggers), fixed gear, rod and reel gear and trap, and to clarify
the use of these gear types in the ABT fisheries. NMFS has learned that
some General category vessels have used bandit gear to fish for ABT for
a number of years. Under the current regulations, this gear is
prohibited because it does not fit the definition of handlines. By
specifying authorized gear according to existing gear definitions, NMFS
unintentionally prohibited bandit gear. The proposed change would
define the gear type and add it to the listing of authorized gear for
the Atlantic tuna fisheries.
Finally, NMFS proposes to amend the instructions on measurement of
tunas to replace the phrase ``tip of the snout'' with ``tip of the
upper jaw.'' This is necessary to clarify the proper method of
measuring the total length of tunas.
Regulations Affecting Incidental Catch
Although NMFS is not currently proposing changes to regulations
affecting the Incidental category landings requirements, NMFS does
request additional comment on the division of quota and specification
of landings requirements affecting the northern and southern
subcategories.
NMFS has received numerous written comments that the landings
requirements applicable in the northern subcategory cannot be met by
vessels in the shark longline fisheries operating off of North Carolina
in the winter months, due to the trip limits in effect under the shark
fishery management plan. Participants in this winter shark fishery have
noted that the ABT and shark regulations, taken together, force
discarding of ABT. These fishermen have requested an allowance to land
and market fish which would otherwise be discarded dead, thus
increasing boat revenues without contributing to additional ABT
mortality.
NMFS believes a review of the ABT incidental catch regulations is
needed, including division of the quotas, position of the dividing line
between the northern and southern subcategories, and landing criteria
applicable to each management area. NMFS therefore requests specific
comments on ways to reduce incidental mortality of ABT while allowing
for commercial use of unavoidable bycatch.
Locations of Public Hearings
The public hearing schedule is as follows:
Tuesday, May 23, 1995, Portland, ME, 6-10 p.m.
Holiday Inn, 81 Riverside Street, Portland, ME 04103
Wednesday, May 24, 1995, Portsmouth, NH, 6-10 p.m.
City Hall Council Chamber, One Junkins Avenue, Portsmouth, NH 03801
Thursday, May 25, 1995, Plymouth, MA, 6-10 p.m.
Plymouth North High School, Obery Street, Plymouth, MA 02360
Friday, May 26, 1995, Tom's River, NJ, 6-10 p.m.
Holiday Inn, 290 Highway 37E, Tom's River, NJ 08753
Tuesday, May 23, 1995, Ocean City, MD, 6-10 p.m.
City Hall Council Chambers, 3rd Street and Baltimore Ave., Ocean City,
MD 21842
Wednesday, May 24, 1995, Silver Spring, MD, 2-5:30 p.m.
NOAA Building 2, Room 2358, 1325 East-West Highway, Silver Spring, MD
20910
Wednesday, May 24, 1995, Norfolk, VA, 6-10 p.m.
Quality Inn Lake Wright Convention Center, 6280 Northampton Blvd.,
Norfolk, VA 23502
Thursday, May 25, 1995, Manteo, NC, 6-10 p.m.
North Carolina Aquarium, Airport Rd., Manteo, NC 27954
Monday, May 22, 1995, New Orleans, LA, 6-10 p.m.
Quality Inn Midtown, 3900 Tulane Avenue, New Orleans, LA 70119
Tuesday, May 23, 1995, Panama City, FL, 6-10 p.m.
Best Western Bayside Inn, 711 W. Beach Drive, Panama City, FL 32401
Wednesday, May 24, 1994, Madeira Beach, FL, 6-10 p.m.,
City Hall, 300 Municipal Drive, Madeira Beach, FL 33708
Thursday, May 25, 1995, Deerfield Beach, FL, 6-10 p.m.
The Paramount, 2901 N. Federal Highway, Boca Raton, FL 33431
Friday, May 26, 1995, Corpus Christi, TX, 6-10 p.m.
Sandy Shores Beach Hotel/Aquarium Village, 3200 Surfside, Corpus
Christi, TX 78408
Saturday, May 27, 1995, Port Arthur, TX, 6-10 p.m.
Best Western Airport Inn, 200 Memorial Highway 69, Port Arthur, TX
77627
These hearings are physically accessible to people with
disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to Richard B. Stone by May 16, 1995
(see ADDRESSES).
Classification
This proposed rule is published under the authority of the ATCA, 16
U.S.C. 971 et seq. Preliminarily, the AA has determined that the
regulations contained in this proposed rule are necessary to implement
the recommendations of ICCAT and are necessary for management of the
Atlantic tuna fisheries. NMFS prepared a SDEIS for this proposed rule;
a notice of availability was published on March 17, 1994 (60 FR 14432).
In contrast to the bluefin tuna DEIS published in April, 1994, all of
the quota levels [[Page 25670]] examined result in increases in the
spawning and total biomass of bluefin tuna. This is primarily the
result of a revised stock assessment for western Atlantic bluefin tuna
that has resulted in a more optimistic prognosis for the stock.
However, the range of quotas examined herein produces marked
differences in the rate of stock rebuilding. Domestic allocations also
have an effect on the rate of rebuilding. For a given total quota,
large allocations to the small fish fishery are projected to result in
somewhat slower rates of stock rebuilding; however, the net economic
benefits from the small fish fisheries are substantial.
NMFS prepared an initial regulatory flexibility analysis (IRFA), as
part of the Regulatory Impact Review (RIR), which describes the impact
this proposed rule would have on small entities, if adopted. The RIR/
IRFA indicates that General category permit holders (81 percent of
commercial vessels landing at least one bluefin in 1994) would face a
reduction of gross revenues of approximately 18 percent due to the
reduction in overall quota relative to 1994. Copies of the RIR/IRFA are
available from NMFS (see ADDRESSES). This proposed rule has been
determined to be not significant for purposes of E.O. 12866.
This proposed rule contains new and revised collection-of-
information requirements subject to review under the Paperwork
Reduction Act. It modifies requirements that were approved by the
Office of Management and Budget (OMB) under control numbers 0648-0202
and 0648-0239 and restates requirements that were approved by OMB under
control number 0648-0168.
On an incremental basis, approximately 1,000 fishing vessel owners
and 10 fish dealers would be affected by the proposed permitting and
reporting requirements for sale of Atlantic tunas. Approximately 300
ABT dealers would be affected by the proposed IVRS reporting
requirements.
The public reporting burden for completing an application for a
Federal fishing permit for vessel owners is estimated at 0.50 hours (30
minutes) per response for initial applications and 0.25 hours (15
minutes) per response for renewals. The public reporting burden for
completing an application for a Federal permit for tuna dealers is
estimated at 0.08 hours (5 minutes) per response. The public reporting
burden for these dealers for collection of information on dealer
reports is estimated at 0.08 hours (5 minutes) per response for the
phone-in (IVRS) daily dealer reports, at 0.05 hours (2.5 minutes) per
response for the written daily dealer reports, at 0.55 hours (33
minutes) per response for the biweekly dealer reports. The public
reporting burden for completing a vessel log by vessel owners is
estimated at 0.10 hours (6 minutes) per day and 0.10 hours (6 minutes)
per notification of fish transfer.
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding these burden estimates or any other aspects of
these collections of information, including suggestions for reducing
the burden, to NMFS and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: May 8, 1995.
Henry R. Beasley,
Acting Deputy Assistant Administrator for Fisheries, National Marine
Fisheries Service.
For the reasons set out 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. 285.1, paragraph (c) is revised to read as follows:
Sec. 285.1 Purpose and scope.
* * * * *
(c) This part does not apply to any person or vessel authorized by
the Commission, the Director, or any state upon approval by the
Director, to engage in fishing for research purposes.
* * * * *
3. In Sec. 285.2, the definition of ``Center Director'' is removed,
definitions of ``Bandit gear'' , ``Fixed gear'', ``Rod and reel'',
``Trap'' and ``Vessel Length'' are added, in alphabetical order, and
the definitions of ``Charterboat'', ``Curved fork length'', ``Party
boat'' and ``Straight fork length'' are revised to read as follows:
Sec. 285.2 Definitions.
* * * * *
Bandit gear (downrigger) means vertical hook-and-line gear with
rods attached to a vessel, with no more than 2 hooks per line and with
line retrieved by manual, electric, or hydraulic reels.
* * * * *
Charter boat means a vessel less than 100 gross tons (90.8 metric
tons) that meets the requirements of the Coast Guard to carry six or
fewer passengers for hire and that carries a passenger for hire at any
time during the calendar year. A charter vessel with a permit issued
under this part is deemed to be operating as a charter when it carries
a passenger who pays a fee or when there are more than three persons
aboard, including operator and crew.
* * * * *
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 upper jaw to the fork
of the tail.
* * * * *
Fixed gear means stationary, anchored non-trawl gear.
* * * * *
Partyboat (headboat) means a vessel that holds a valid Certificate
of Inspection issued by the Coast Guard to carry passengers for hire. A
partyboat with a permit issued under this part is deemed to be
operating as a partyboat when it carries a passenger who pays a fee or
when there are more persons aboard than the number of crew specified in
the vessel's Certificate of Inspection.
* * * * *
Rod and reel means a hand-held (includes rod holder) fishing rod
with a manually operated reel attached.
* * * * *
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 upper jaw to a line
perpendicular to the fork of the tail.
* * * * *
Trap means a pound net, weir or gill net that is maintained and
operated at a fixed location.
* * * * *
Vessel length means the length listed on the vessel's U.S. Coast
Guard Certificate of Documentaiton or Certificate of Number.
4. In Sec. 285.3, paragraphs (j) and (k) are revised, and
paragraphs (q) and (r) are added to read as follows:
Sec. 285.3 Prohibitions.
* * * * *
(j) For any person on board a vessel subject to the jurisdiction of
the United States to fish for or catch any species of Atlantic tuna
with gear that is not authorized under Sec. 285.21(b) or Sec. 285.50,
or to retain or land Atlantic [[Page 25671]] tunas taken with
unauthorized gear, unless authorized under Sec. 285.7.
(k) For any person to possess any Atlantic tuna on board a vessel
subject to the jurisdiction of the United States that has gear on board
that is not authorized under Sec. 285.21(b) or Sec. 285.50, unless
authorized under Sec. 285.7.
* * * * *
(q) Purchase, receive, or transfer for commercial purposes any
Atlantic tunas if such were not landed by owners or operators of
vessels permitted to sell tunas under this part, or if without a valid
dealer permit issued under this part.
(r) Sell, offer for sale, or transfer for commercial purposes any
Atlantic tunas if not landed by owners or operators of vessels
permitted to do so under this part or to any person or vessel without a
valid dealer permit issued under this part.
5. Section 285.9 is revised to read as follows:
Sec. 285.9 Commercial activity.
(a) Sale of Atlantic tunas is restricted to fish landed by owners
or operators of vessels permitted under Sec. 285.21 or Sec. 285.52.
Owners or operators of vessels permitted in the Atlantic shark fishery
(50 CFR part 678) or the Atlantic swordfish fishery (50 CFR part 630)
are exempt from the requirements of this section.
(b) Purchase of Atlantic tunas is restricted to dealers permitted
under Sec. 285.28 or Sec. 285.54. Dealers permitted in the Atlantic
shark fishery (50 CFR part 678) or the Atlantic swordfish fishery (50
CFR part 630) are exempt from the requirements of this section.
6. In Sec. 285.20, paragraphs (a)(1)(i) and (b)(3) are revised to
read as follows:
Sec. 285.20 Fishing seasons.
(a) * * *
(1) * * *
(i) For anglers fishing for Atlantic bluefin tuna under the quota
specified in Sec. 285.22(d);
* * * * *
(b) * * *
(3) A vessel permitted in the Purse Seine category may fish under
the bluefin tuna quota specified in Sec. 285.22(c), or in fisheries for
Atlantic yellowfin or skipjack tuna where bluefin tuna might be taken
as bycatch, only until the allocation of bluefin tuna assigned or
transferred under Sec. 285.25(d) to that vessel is reached. Upon
reaching its individual vessel allocation of Atlantic bluefin tuna, a
purse seine vessel will be deemed to have been given notice that
fisheries for any Atlantic tunas are closed to that vessel.
* * * * *
7. In Sec. 285.21, paragraphs (a), (b), the heading and first
sentence in paragraph (c), and paragraphs (h), (i) and (m) are revised
and paragraph (n) is added to read as follows:
Sec. 285.21 Vessel permits.
(a) Permit requirements. Each vessel that fishes for, or takes,
Atlantic bluefin tuna must have on board a valid permit issued under
this section.
(b) Categories of permits. Upon submission of a complete and valid
application pursuant to paragraph (c) of this section, the Regional
Director will issue to each qualifying vessel a permit for only one of
the following categories: General, Party/Charter, Angling, Harpoon
Boat, Purse Seine, or Incidental Catch. A permitted vessel is entitled
to fish for Atlantic bluefin tuna only under the quota for the category
in which it is permitted, except that catch of anglers aboard Party/
Charter vessels will be counted against the Angling category when the
vessel is operating as a charter vessel or partyboat and will be
counted against the General category when the vessel is not operating
as a charter vessel or partyboat. A vessel must use gear appropriate to
the category for which it is permitted:
(1) General--rod and reel, handline, harpoon, bandit gear
(2) Party/Charter--rod and reel, handline
(3) Angling--rod and reel, handline
(4) Harpoon Boat--harpoon
(5) Purse Seine--purse seine nets
(6) Incidental Catch--purse seine nets, fixed gear, traps,
longlines.
(c) Application procedure. Permits issued under this section must
be renewed upon expiration. * * *
* * * * *
(h) Transfer. A permit issued under this section, except in the
case of harpoon boat and purse seine permits as allowed under paragraph
(m) of this section, is not transferable or assignable to another
vessel or owner; it is valid only for the vessel and owner to which it
is issued.
(i) Display. A permit issued under this section must be carried on
board the vessel at all times. The permit must be displayed for
inspection upon request of any authorized officer or any employee of
NMFS designated by the Regional Director for such purpose. Upon sale of
any large medium or giant Atlantic bluefin tuna, the vessel permit must
be presented for inspection to the dealer completing the landing card.
* * * * *
(m) Closed categories. (1) For 1995, The Regional Director will
issue permits to catch and retain Atlantic bluefin tuna under
Sec. 285.22(b) only to current owners of those Harpoon Boat category
vessels, or their replacements, that were issued permits under this
subpart prior to May 15, 1994, that are a minimum of 25 ft (7.6 m) in
length, and that have documented landings of Atlantic bluefin tuna
during the period 1990 through 1994. The Regional Director will not
issue a permit to take Atlantic bluefin tuna under this subpart to any
vessel that was replaced with another vessel and retired from the
Harpoon Boat fishery during the period 1990 through 1994, unless that
vessel is replacing another vessel being retired from the fishery. In
years subsequent to 1995, the Regional Director will issue permits to
catch and retain Atlantic bluefin tuna only to owners of those Harpoon
Boat category vessels, or their replacements, that were issued permits
under this subpart in 1995.
(2) The Regional Director will issue permits to catch and retain
Atlantic bluefin tuna under Sec. 285.22(c) only to current owners of
those purse seine vessels, or their replacements, that were granted
allocations under this subpart and landed Atlantic bluefin tuna in the
fishery for Atlantic bluefin tuna during the period 1980 through 1982.
The Regional Director will not issue a permit to take Atlantic bluefin
tuna under this subpart to any vessel that was replaced with another
vessel and retired from the purse seine fishery during the period 1980
through 1982, unless that vessel is replacing another vessel being
retired from the fishery.
(n) Appeal of denial of permit. (1) Any applicant denied a
moratorium permit under paragraph (m) may appeal to the Regional
Director within 30 days of the notice of denial. Any such appeal shall
be in writing. The only ground for appeal is that the Regional Director
erred in concluding that the vessel did not meet the criteria in
paragraph (m) of this section. The appeal shall set forth the basis for
the applicant's belief that the Regional Director erred in his
decision.
(2) The appeal may be presented, at the option of the applicant, at
a hearing before an officer appointed by the Regional Director.
(3) The decision on the appeal by the Regional Director is the
final decision of the Department of Commerce.
8. In Sec. 285.22, paragraphs (a), (b), (d), (e), the heading and
first sentence of [[Page 25672]] paragraph (f), introductory text and
paragraph (h) are revised to read as follows:
Sec. 285.22 Quotas.
* * * * *
(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 438 mt, of which 88 mt are available in the
period beginning June 1 and ending July 31; 153 mt are available in the
period beginning August 1 and ending August 31; 153 mt are available in
the period beginning September 1 and ending September 30; and 44 mt are
available beginning October 1. 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
available quota in any period, and will publish a 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 opening of
the subsequent quota period, whereupon a quota equal to the difference
between the quota for that period and the estimated overharvest or
underharvest prior to that period will become available.
(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 47 mt.
* * * * *
(d) Angling. The total annual amount of Atlantic bluefin tuna that
may be caught, retained, possessed or landed in the regulatory area by
anglers is 320 mt. No more than 150 mt of this quota may be school
Atlantic bluefin tuna. The quota for school tuna is further subdivided
as follows:
(1) 70 mt of school Atlantic bluefin tuna may be caught, retained,
possessed, or landed south of 38 deg.47' N. lat.
(2) 80 mt of school Atlantic bluefin tuna may be caught, retained,
possessed, or landed north of 38 deg.47' N. lat.
(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 129 mt. This quota is further
subdivided as follows:
(1) 123 mt for longline vessels. No more than 100 mt may be caught,
retained, possessed, or landed in the area south of 34 deg.00' N. lat.
(2) For vessels fishing under Sec. 285.23 (a) and (b), 6 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
94 mt. * * *
* * * * *
(h) If the Assistant Administrator determines, based on landing
statistics and other available information, that an annual quota in any
category, or as appropriate, subcategory, has been exceeded or has not
been reached, the Assistant Administrator will subtract the overage
from or add the underage to that quota for the following year; provided
that the total of the adjusted quotas and the reserve is consistent
with a recommendation of the Commission regarding country quotas. 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.
* * * * *
9. In Sec. 285.23, paragraphs (a) and (b) are revised, paragraph
(d) is removed, and paragraph (e) is redesignated as paragraph (d) and
revised to read as follows:
Sec. 285.23 Incidental catch.
(a) Herring, mackerel, and menhaden purse seine vessels and vessels
using fixed gear other than longlines or traps. Subject to the quotas
in Sec. 285.22, any person operating a vessel fishing with these types
of gear principally for species of fish other than tuna and possessing
an Incidental Catch permit issued under Sec. 285.21 may retain, during
any fishing trip, large medium and giant Atlantic bluefin tuna,
provided that the total amount of Atlantic bluefin tuna taken does not
exceed 2 percent, by weight, of all other fish aboard the vessel at the
end of each fishing trip.
(b) Traps. Subject to the quotas in Sec. 285.22, any person
operating a vessel possessing an Incidental Catch permit issued under
Sec. 285.21 that catches Atlantic bluefin tuna incidentally while
fishing with traps, may retain large medium and giant Atlantic bluefin
tuna, provided that such tuna do not exceed 2 percent, by weight, of
the total amount of all other species caught within the preceding 30-
day period.
* * * * *
(d) Purse Seine. Vessels in the Purse Seine category fishing for
Atlantic yellowfin or skipjack tuna are allowed a 1-percent per trip
(by weight) incidental take of bluefin less than the large medium size
class. Any landings of these incidental catches may not be sold and
will be counted against the Purse Seine category quota.
10. In Sec. 285.24, paragraphs (a), (c) and (d) are revised and
paragraph (e) is revised to read as follows:
Sec. 285.24 Catch limits.
(a) General category. (1) From June 1, operators of vessels
permitted in the General category under Sec. 285.21 may catch and land
only one large medium or giant Atlantic bluefin tuna per day per
vessel, except that operators of such vessels may not fish for, catch,
land, or possess any Atlantic bluefin tuna from 0001 hours to 2359
hours on Sunday and Wednesday each week. Operators of vessels permitted
in the General category may possess large medium and giant Atlantic
bluefin tuna in an amount not to exceed a single day's catch,
regardless of the length of the trip, as allowed by the daily catch
limit in effect on that day.
(2) The Assistant Administrator may increase or reduce the catch
limit over a range from zero to a maximum of three large medium or
giant Atlantic bluefin tuna per day per vessel based on a review of
dealer reports, daily landing trends, availability of the species on
the fishing grounds, and any other relevant factors, to provide for
maximum utilization of the quota. The Assistant Administrator will
publish a notice in the Federal Register of any adjustment in the
allowable daily catch limit made under this paragraph. Other than
fishery closures pursuant to attainment of quotas in any period, such
notice shall be published at least 7 calendar days prior to a change in
daily catch limit becoming effective.
* * * * *
(c) Purse Seine category. Vessels permitted in the Purse Seine
category may catch large medium bluefin tuna, provided that the total
annual amount of large medium bluefin landed does not exceed 10 percent
by weight of the total amount of giant Atlantic bluefin tuna allocated
to that vessel for that fishing season.
(d) Angling category. (1) Each angler aboard a vessel permitted in
the Angling category may catch and retain each day no more than two
Atlantic bluefin tuna from the school, large school and small medium
size classes. Anglers may not retain young school Atlantic bluefin
tuna.
(2) The Assistant Administrator may increase or reduce the per
angler bag limit for bluefin tuna or may change the per angler limit to
a per boat limit or a per boat limit to a per angler limit based
[[Page 25673]] on a review of daily landing trends, availability of the
species on the fishing grounds, and any other relevant factors, to
provide for maximum utilization of the quota spread over the longest
possible period of time. The Assistant Administrator will publish a
notice in the Federal Register of any adjustment in the allowable daily
catch limit made under this paragraph. Other than fishery closures
pursuant to attainment of quotas in any period, such notice shall be
published at least 7 calendar days prior to a change in daily catch
limit becoming effective.
(3) In addition to the daily catch limit for school, large school
and small medium bluefin tuna, an operator of a vessel issued a permit
for the Angling category may catch and retain annually one large medium
or giant Atlantic bluefin tuna, to be counted against the Angling
category quota specified in Sec. 285.22. The permit holder must report
to the nearest NMFS enforcement office within 24 hours of landing any
large medium or giant bluefin, and must make the tuna available for
inspection and attachment of a tag. No such large medium or giant
Atlantic bluefin tuna may be sold or transferred to any person for a
commercial purpose except for taxidermic purposes. A list of local NMFS
enforcement offices may be obtained from the Regional Director.
(e) Party/Charter category. (1) For vessels permitted in the Party/
Charter category and that are operating as a partyboat or charter
vessel, anglers aboard such vessels are subject to the daily bag limits
for school, large school, and small medium Atlantic bluefin tuna and
the annual vessel limit of large medium or giant Atlantic bluefin tuna
as specified in paragraph (d) of this section. The captain, mate, or
crew member of a party or charter boat is not considered an angler for
purposes of this section.
(2) For vessels permitted in the Party/Charter category and that
are not operating as a partyboat or charter vessel, operators of such
vessels are subject to the daily catch limit in effect for the General
Category for large medium or giant Atlantic bluefin tuna as specified
in paragraph (a) of this section and may not retain school, large
school or small medium bluefin tuna. If retained, such large medium or
giant bluefin tuna may be sold and are counted against the quota for
the General category.
11. In Sec. 285.25, the heading and first sentence of paragraph
(d)(1) are revised to read as follows:
Sec. 285.25 Purse seine vessel requirements.
* * * * *
(d) Vessel allocations. (1) Purse seine vessel permit holders must
apply for an allocation of Atlantic bluefin tuna from the quotas
specified in Sec. 285.22. * * *
* * * * *
12. Section 285.26 is amended by removing the phrase ``tip of the
snout'' in the second sentence, and adding in its place the phrase
``tip of the upper jaw''.
13. In Sec. 285.29 paragraphs (a) and (d) are revised to read as
follows:
Sec. 285.29 Dealer recordkeeping and reporting.
Any person issued a dealer permit under Sec. 285.28:
(a) Must report via an Interactive Voice Response System (IVRS)
established by the Regional Director within 24 hours of the purchase or
receipt of each Atlantic bluefin tuna from the person or vessel that
harvested the fish. Said report via the IVRS must include the tag
number affixed to the fish by the dealer, the date landed, the round
and/or dressed weight (indicating which weight(s) measured), the total
or pectoral fin curved fork length (indicating which length(s)
measured), and the gear used. In addition, dealers must submit to the
Regional Director a daily report on a reporting card provided by NMFS.
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, 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 curved
fork length (indicating which length(s) measured), gear used, and area
where the fish was caught.
* * * * *
(d) Must retain at his/her place of business a copy of each daily
report (including proof of IVRS transmission) and a copy of each bi-
weekly report for a period of 2 years from the date on which each was
submitted to the Regional Director.
* * * * *
14. In Sec. 285.31, paragraphs (a) (15), (30), (31), and (37) are
revised to read as follows:
Sec. 285.31 Prohibitions.
(a) * * *
(15) Sell, offer for sale, or transfer to any person for a
commercial purpose any large medium or giant Atlantic bluefin tuna
caught with rod and reel gear under Sec. 285.24(d)(3);
* * * * *
(30) Fish for, catch, retain, possess or land Atlantic bluefin tuna
from the Gulf of Mexico except as specified under Secs. 285.23(c) and
285.24(d)(3);
(31) Fish for, catch, retain, possess or land Atlantic bluefin tuna
with a gear type or in a manner other than specified in Secs. 285.21,
285.22, 285.23, 285.24 and 285.25, or other than authorized under an
experimental fishing exemption issued pursuant to the requirements of
Sec. 285.7;
* * * * *
(37) Fish for, catch, retain, possess or land any Atlantic bluefin
tuna less than the large medium size class 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(d).
* * * * *
15. In Sec. 285.32, paragraph (a) is revised to read as follows:
Sec. 285.32 Civil penalties.
(a) Any person who violates Sec. 285.31(a) (1) through (21)
inclusive, or (a) (24) through (37), inclusive, will be assessed a
civil penalty of not more than $25,000 for a first violation and a
civil penalty of not more than $50,000 for a subsequent violation.
* * * * *
16. Subpart C, consisting of Secs. 285.50 through 285.60, is
revised to read as follows:
Subpart C--Yellowfin Tuna (Thunnus albacares) and Bigeye Tuna (Thunnus
obesus)
Sec.
285.50 Authorized fishing gear.
285.51 Size limits.
285.52 Vessel permits.
285.53 Vessel recordkeeping and reporting.
285.54 Dealer permits.
285.55 Dealer recordkeeping and reporting.
285.56 Purse Seine vessel requirements.
285.57 Quotas.
285.58 Catch limits.
285.59 Incidental catch.
285.60 Prohibitions.
Subpart C--Yellowfin Tuna (Thunnus albacares) and Bigeye Tuna
(Thunnus obesus)
Sec. 285.50 Authorized fishing gear.
Fishing for, catching, retention or possession of yellowfin and
bigeye tuna in the regulatory area by persons aboard fishing vessels
subject to the jurisdiction of the United States is authorized only for
handline, rod and reel, harpoon, purse seine, longline, drift gillnet
and bandit gear unless the gear is authorized [[Page 25674]] under an
experimental fishing exemption issued pursuant to the requirements of
Sec. 285.7.
Sec. 285.51 Size limits.
(a) Fishing for, catching, retention or possession of yellowfin and
bigeye tuna in the regulatory area by persons aboard fishing vessels
subject to the jurisdiction of the United States is authorized only for
yellowfin or bigeye tuna measuring 22 inches (56 cm) or more in total
curved fork length.
(b) Total curved fork length will be the sole criterion for
determining the size class of whole (head on) Atlantic yellowfin and
bigeye tuna. For this purpose, all measurements must be taken in a line
tracing the contour of the body along the middle of the lateral surface
from the tip of the upper jaw to the fork of the tail.
Sec. 285.52 Vessel permits.
(a) Permit requirements. Each vessel that fishes for, or takes,
Atlantic yellowfin or bigeye tuna must have on board a valid permit
issued under this section.
(b) Commercial vessel permits. (1) As a prerequisite to selling
Atlantic yellowfin and bigeye tunas and to be eligible for exemption
from applicable bag limits, if any, specified in this subpart, an owner
or operator of a vessel that fishes in the EEZ must obtain an annual
vessel permit.
(2) Vessels permitted in the Party/Charter category that are not
operating as party and charter boats for an individual fishing trip may
operate as commercial vessels for that trip.
(c) Recreational vessel permits. (1) Owners or operators of party
and charter boats must obtain a party/charter vessel permit in order to
fish for, catch, retain or land yellowfin or bigeye tuna. Anglers
aboard charter vessels and partyboats must adhere to applicable bag
limits when the vessel is operating as a charter vessel or partyboat.
Yellowfin and bigeye tuna taken aboard vessels operating as party or
charter boats may not be sold.
(2) Effective January 1, 1996, owners or operators of private
recreational vessels are required to obtain vessel permits in order to
fish for, catch, retain or land yellowfin and bigeye tuna. Anglers
aboard private recreational vessels must adhere to applicable bag
limits. Yellowfin and bigeye tuna taken aboard private recreational
vessels may not be sold.
(d) Purse seine. Directed purse seine fishing for Atlantic
yellowfin and bigeye tunas is restricted to vessels with Atlantic
bluefin tuna purse seine permits issued under Sec. 285.21(b) and which
reported yellowfin tuna landings to NMFS over the period 1989 through
1993.
(e) Exemptions from permit requirements. Vessels carrying valid
permits for Atlantic swordfish issued under 50 CFR part 630, Atlantic
sharks issued under 50 CFR part 678, or any of the Atlantic bluefin
tuna categories issued under subpart B, are exempt from the permit
requirements of this section.
Sec. 285.53 Vessel recordkeeping and reporting.
(a) Any person in charge of a fishing vessel, or any master or
other person in charge of a fishing vessel subject to the jurisdiction
of the United States or any person as may be authorized in writing to
serve as the agent of such person or master, must:
(1) Keep an accurate log of all operations conducted from the
vessel, entering therein for each day the date, noon position (stated
in latitude and longitude or in relation to known physical features),
and the tonnage of tuna on board by species. The record and bridge log
shall be sufficient to comply with this paragraph, provided however,
that the items of information specified herein are fully and accurately
entered in such log; and
(2) Furnish on a form obtainable from the Regional Director,
following the sale or delivery of a catch of tuna made by such vessel,
a report, certified to be correct as to facts within the knowledge of
the reporting individual, giving the name and official number of the
fishing vessel, the dates of beginning and ending of the fishing
voyage, the port of departure, and a listing separately by species of
the round weight quantities (pounds or short tons) of tuna sold or
delivered. At the option of the vessel master or other person in
charge, a copy of the fish ticket, weighout slip, settlement sheet, or
similar record issued by the dealer or his agent may, however, be used
for reporting purposes in lieu of the form obtainable from the Regional
Director, if such alternate record is similarly certified and contains
all items of information required by this paragraph. Such sale and
delivery reports must be delivered or post marked and mailed to the
Regional Director within 72 hours after weighout has been completed.
(b) Any person in charge of a fishing vessel or any Master or other
person in charge of a fishing vessel, subject to the jurisdiction of
the United States, except vessels proceeding directly to Puerto Rico or
to any other U.S. port for unloading, must report to the Regional
Director not less than 48 hours prior to entering the regulatory area
via the Panama Canal. In addition, any person in charge of a fishing
vessel or any Master or other person in charge of a vessel, subject to
the jurisdiction of the United States except a vessel without fish on
board, must notify the Regional Director not less than 48 hours prior
to leaving the regulatory area via the Panama Canal. Each report must
include the name of the reporting vessel, the tonnage by species on
board, and whether the fish were caught in Pacific or Atlantic waters.
(c) All such fishing vessels entering or leaving the regulatory
area via the Panama Canal are subject to inspection. Official seals
will be affixed to wells containing fish taken within or outside the
regulatory area, as appropriate and the same will be noted on the
vessel log. The official seals may be removed only by a designated
agent of the NMFS upon the arrival at point of sale or delivery.
(d) Any person in charge of a fishing vessel or any Master or other
person in charge of a fishing vessel subject to the jurisdiction of the
United States, must notify the Regional Director not less than 48 hours
prior to any transfer of yellowfin tuna or bigeye tuna taken in the
regulatory area to another vessel for the purpose of transshipment.
Such reports must include the date and place of unloading, name and
destination of the oncarrying vessel, and the tonnage by species of
tuna transferred.
(e) The failure to file the reports or to follow the procedures
required by this section, the tampering with or the removal of an
official seal, or the alteration of a fishing vessel's log by any
person or fishing vessel subject to the jurisdiction of the United
States is a prohibited act within the meaning of Sec. 285.3.
(f) Any person authorized to carry out enforcement activities under
the Act or the regulations in this subpart has power, without warrant
or other process, to inspect, at any reasonable time, catch on board
the vessel, log books, catch reports, statistical records, or other
reports as required by the regulations in this part to be made, kept or
furnished.
Sec. 285.54 Dealer permits.
(a) General. A dealer purchasing, receiving, possessing, importing
or exporting Atlantic yellowfin or bigeye tuna must have a valid permit
required under this section.
(b) Application. Applications for a dealer permit must be in
writing on an appropriate form obtained from the Regional Director. The
application must be signed by the applicant, and be submitted to the
Regional Director at least 30 days before the date upon
[[Page 25675]] which the applicant desires the permit to be effective.
The application must contain the following information: Company name;
principal place of business; owner or owners' names; applicant's name
(if different from owner or owners) and mailing address and telephone
number; and any other information required by the Regional Director.
(c) Issuance. (1) Except as provided in subpart D of 15 CFR part
904, the Regional Director will issue a permit within 30 days of
receipt of a completed application.
(2) The Regional Director will notify the applicant of any
deficiency in the application. If the applicant fails to correct the
deficiency within 15 days following the date of notification, the
application will be considered abandoned.
(d) Duration. Any permit issued under this section remains valid
until December 31 of the year for which it is issued, unless suspended
or revoked.
(e) Alteration. Any permit which is substantially altered, erased,
or mutilated is invalid.
(f) Replacement. The Regional Director may issue replacement
permits. An application for a replacement permit is not considered a
new application.
(g) Transfer. A permit issued under this section is not
transferable or assignable; it is valid only for the dealer to whom it
is issued.
(h) Inspection. The dealer must keep the permit issued under this
section at his/her principal place of business. The permit must be
displayed for inspection upon request of any authorized officer, or any
employee of NMFS designated by the Regional Director for such purpose.
(i) Sanctions. The Administrator may suspend, revoke, modify, or
deny a permit issued or sought under this section. Procedures governing
permit sanctions and denials are found at subpart D of 15 CFR part 904.
(j) Fees. The Regional Director may charge a fee to recover the
administrative expenses of permit issuance. The amount of the fee is
calculated, at least annually, in accordance with the procedures of the
NOAA Finance Handbook for determining administrative costs of each
special product or service. The fee may not exceed such costs and is
specified on each application form. The appropriate fee must accompany
each application. Failure to pay the fee will preclude issuance of the
permit. Payment by a commercial instrument later determined to be
insufficiently funded shall invalidate any permit.
(k) Change in application information. Within 15 days after any
change in the information contained in an application submitted under
this section, the dealer issued a permit will report the change in
writing to the Regional Director.
(l) Exemptions from permit requirements. Dealers holding valid
dealer permits for Atlantic swordfish issued under 50 CFR part 630,
Atlantic sharks issued under 50 CFR part 678, or Atlantic bluefin tuna
issued under subpart B, are exempt from the permit requirements of this
section.
Sec. 285.55 Dealer recordkeeping and reporting.
(a) A dealer who has been issued a dealer permit pursuant to
Sec. 285.54 must submit a report to the Fisheries Science Center
Director as specified in paragraph (b) of this section. A report form
is available from the Science and Research Director. The following
information must be included in each report:
(1) Name, address, and permit number of the dealer.
(2) Names and official numbers of fishing vessels from which
yellowfin and bigeye tuna were received.
(3) Dates of receipt of yellowfin and bigeye tuna.
(4) Listed by each port and county where yellowfin and bigeye tuna
were offloaded from fishing vessels:
(i) Total weight (pounds) by market category for tuna, if
applicable, and for other species received with the tuna, including,
but not limited to, shark, swordfish, yellowfin tuna, bigeye tuna, and
albacore; and
(ii) Price per pound or total value paid by market category for
tuna and other species, to the extent that such price information is
known at the time of reporting.
(b) A report of tuna and other applicable species received by a
dealer on the first through the 15th days of each month must be
submitted to the Science and Research Director postmarked not later
than the 20th day of that month. A report of tuna and other applicable
species received by the dealer on the 16th through the last day of each
month must be submitted to the Science and Research Director postmarked
not later than the 5th day of the following month. If no tuna was
received during the reporting period, a report so stating must be
submitted postmarked as specified for that respective reporting period.
(c) The reporting requirement of paragraph (a) of this section may
be satisfied by providing a copy of each appropriate weigh-out sheet
and/or sales record, provided such weigh-out sheet and/or sales record,
by itself or combined with the form available from the Science and
Research Director, includes all of the required information.
(d) In lieu of providing a required report to the Science and
Research Director by mail, as specified in paragraph (a) of this
section, a dealer may provide a report to a state or Federal fishery
port agent designated by the Science and Research Director. Reports so
provided must be delivered to such port agent not later than the
prescribed postmark date for submitting each such report.
(e) Additional data and inspection. Additional data may be
collected by authorized statistical reporting agents, as designees of
the Science and Research Director, and by authorized officers. Dealers
are required to make tuna available for inspection by the Science and
Research Director or an authorized officer and must allow an authorized
officer, or any employee of NMFS designated by the Regional Director
for this purpose, to inspect and copy any records of transfers,
purchases, or receipts of Atlantic yellowfin and bigeye tuna;
(f) Recordkeeping. Dealers must retain at their place of business a
copy of each bi-weekly report for a period of 2 years from the date on
which each was submitted to the Regional Director.
Sec. 285.56 Purse seine vessel requirements.
(a) Mesh size. Any owner or operator of a purse seine vessel
conducting a directed fishery for Atlantic yellowfin and bigeye tunas
must use a purse seine net with a mesh size as specified under
Sec. 285.25(a).
(b) Inspection. Any owner or operator of a purse seine vessel
conducting a directed fishery for Atlantic yellowfin and bigeye tunas
must request an inspection of the vessel and fishing gear by an
enforcement agent of NMFS before commencing any fishing trip that may
result in the harvest of any regulated species and before offloading
any Atlantic yellowfin and bigeye tuna. The vessel owner must request
such inspection at least 24 hours before commencement of a fishing trip
and offloading by calling 508-563-5721 or 508-281-9261. Purse seine
vessel owners must have their catch information recorded on the
appropriate forms at the time of offloading and prior to transporting
said tuna from the area of offloading.
(c) Vessel allocations. (1) Purse seine vessel permit holders must
apply for an allocation of Atlantic yellowfin tuna from the quotas
specified in this subpart. The permit holder must apply for this
allocation in writing to the Regional Director by April 15. Such
[[Page 25676]] request for allocation must be made in conjunction with
a request for Atlantic bluefin tuna quota allocation as specified under
Sec. 285.25(d).
(2) The Regional Director will review applications for allocations
of Atlantic yellowfin tuna on or about May 1, and will make equal
allocations of the quota among the purse seine vessels that requested
an allocation for that . Yellowfin tuna allocations issued to purse
seine vessels are freely transferable, in whole, to other Atlantic tuna
vessel permit holders, including vessels other than purse seine
vessels. Any purse seine vessel permit holder intending to transfer its
allocation of yellowfin tuna in any fishing season must provide written
notice of such intent to the Regional Director 15 days before
commencing fishing in that season. Purse seine vessel permit holders
who transfer their yellowfin tuna allocation must not fish their
permitted vessel in any fishery in which Atlantic yellowfin tuna might
be caught. If an Atlantic bluefin tuna purse seine allocation is
transferred pursuant to Sec. 285.25(d)(2), any yellowfin tuna
allocation applicable to that purse seine vessel must not be fished,
but may be transferred to another eligible vessel.
Sec. 285.57 Quotas.
The Assistant Administrator shall specify fishing quotas for
yellowfin and bigeye tuna as necessary to implement the management
recommendations of ICCAT.
(a) Yellowfin tuna. The total annual (January 1-December 31) amount
of Atlantic yellowfin 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:
(1) Purse Seine. The total annual amount of yellowfin tuna that may
be caught, retained, possessed or landed in the regulatory area by
vessels permitted in the Purse Seine category under Sec. 285.52(d) is
350 mt.
(2) Other gear. The total annual amount of Atlantic yellowfin tuna
that may be caught, retained, possessed or landed by persons and
vessels subject to U.S. jurisdiction in the regulatory area using gear
authorized under Sec. 285.50 other than purse seines is not subject to
a quota.
(b) Bigeye tuna. The total annual (January 1-December 31) amount of
Atlantic bigeye tuna that may be caught, retained, possessed or landed
by persons and vessels subject to U.S. jurisdiction in the regulatory
area is not subject to a quota.
Sec. 285.58 Catch limits.
The Assistant Administrator shall specify catch limits for
commercial and recreational fisheries as necessary to implement the
management recommendations of ICCAT and to achieve domestic fishery
management objectives. Persons aboard vessels permitted under this part
may possess yellowfin and bigeye tuna in an amount not to exceed a
single day's catch, regardless of the length of the trip, as allowed by
the daily catch limit in effect at that time. The captain, mate, or
crew member of a party or charter boat is not an angler for purposes of
this section. When not operating as a party or charter boat, persons
aboard vessels permitted in the Party/Charter category are exempt from
the daily catch limit.
(a) Yellowfin tuna. Anglers aboard vessels permitted in the Angling
category or Party/Charter category may catch and retain each day no
more than ten Atlantic yellowfin tuna.
(b) Bigeye tuna. Unless adjusted pursuant to paragraph (c) of this
section, anglers aboard vessels permitted in the Angling category or
Party/Charter category may catch and retain each day an unlimited
number of bigeye tuna.
(c) Adjustments to catch limits. The Assistant Administrator may
increase or decrease the daily catch limit for yellowfin or bigeye
tuna, based on a review of daily landing trends, availability of the
species on the fishing grounds, and any other relevant factors, to
provide for maximum utilization of the quota, if applicable. The
Assistant Administrator will publish a notice in the Federal Register
of any adjustment in the catch limit made under this paragraph. Such
notice shall be published at least 7 calendar days prior to a change in
daily catch limit becoming effective.
Sec. 285.59 Incidental catch.
Persons or fishing vessels subject to the jurisdiction of the
United States must release, in a manner to promote survival, any
yellowfin tuna or bigeye tuna less than the minimum size specified in
Sec. 285.51 taken incidental to authorized fishing in the regulatory
area.
Sec. 285.60 Prohibitions.
(a) It is unlawful for any person or vessel subject to the
jurisdiction of the United States to do any of the following:
(1) Fish for, catch, possess, or land Atlantic yellowfin or bigeye
tuna without a valid permit required under Sec. 285.52 and carried on
board the vessel;
(2) Fish for, catch, land, or possess Atlantic yellowfin or bigeye
tuna in excess of the catch limits specified in Sec. 285.58 or below
the minimum size specified in Sec. 285.51;
(3) Fish for or catch Atlantic yellowfin or bigeye tuna in a
directed fishery with purse seine nets in excess of an allocation made
under Sec. 285.56(c) or if without any remaining bluefin tuna
allocation made under Sec. 285.25(d);
(4) For any vessel other than a vessel holding a purse seine permit
issued under Sec. 285.52(d), to approach to within 100 yd (91.5 meters)
of the cork line of any purse seine net used by any vessel fishing for
Atlantic yellowfin or bigeye tuna, or for any such purse seine vessel
to approach to within 100 yd (91.5 meters) of any vessel, other than a
purse seine vessel, fishing for Atlantic yellowfin or bigeye tuna;
(5) Fail to release immediately with a minimum of injury any
Atlantic yellowfin or bigeye tuna that will not be retained;
(6) Begin fishing or offloading from any purse seine vessel to
which a permit has been issued under Sec. 285.21 any Atlantic yellowfin
or bigeye tuna without first requesting an inspection of the vessel in
accordance with Sec. 285.25;
(7) Fail to report the catching of any Atlantic yellowfin or bigeye
tuna to which a plastic tag has been affixed under a tag and release
program conducted by NMFS or any other scientific organization;
(8) Falsify or fail to make, keep, maintain, or submit any reports,
or other record required by this subpart;
(9) Refuse to allow an authorized officer to make inspections for
the purpose of checking any records relating to the catching,
harvesting, landing, purchase, or sale of any Atlantic yellowfin or
bigeye tuna required by this subpart;
(10) Make any false statement, oral or written, to an authorized
officer concerning the catching, harvesting, landing, purchase, sale,
or transfer of any Atlantic yellowfin or bigeye tuna;
(11) Interfere with, delay, or prevent by any means, the
apprehension of another person, knowing that such person has committed
any act prohibited by this part;
(12) Refuse to permit access of NMFS personnel to inspect any
records relating to, or area of custody of, Atlantic yellowfin or
bigeye tuna.
(b) It is unlawful for any person subject to the jurisdiction of
the United States to violate any other provision of this subpart, the
Act, or any other rules implemented under the Act.
[FR Doc. 95-11686 Filed 5-9-95; 12:21 pm]
BILLING CODE 3510-22-W