[Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)]
[Proposed Rules]
[Pages 43034-43035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21202]



[[Page 43034]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 081396A]


Atlantic Tuna Fisheries; Massachusetts Audubon Society Petition

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

ACTION: Decision on petition for rulemaking.

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

SUMMARY: NMFS hereby announces denial of the petition for rulemaking 
submitted by the Massachusetts Audubon Society (MAS). MAS petitioned 
NMFS to: Ban the retention of all juvenile Atlantic bluefin tuna (ABT) 
less than 73 inches (185 cm), develop a tag-and-release program for 
juvenile ABT, require better reporting of fish caught in the Angling 
category to facilitate the collection of more accurate population data 
and to ensure compliance with International Commission for the 
Conservation of Atlantic Tuna (ICCAT) recommendations, and carry out 
better enforcement of catch allocation quotas.

ADDRESSES: Copies of the MAS petition for rulemaking are available upon 
request from Christopher Rogers, Highly Migratory Species Management 
Division, Office of Fisheries Conservation and Management (F/CM), NMFS, 
1315 East-West Highway, Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: Christopher Rogers, 301-713-2347.

SUPPLEMENTARY INFORMATION:

Background

    Regulations implemented under the authority of the Atlantic Tunas 
Convention Act (16 U.S.C. 971 et seq.) governing the harvest of ABT by 
persons and vessels subject to U.S. jurisdiction are found at 50 CFR 
part 285. Under Sec. 285.22, the U.S. quota is divided among the 
various domestic fishing categories.
    In March 1996, NMFS received a petition from MAS to eliminate the 
fishery for small ABT. In the preamble to the 1996 proposed rule for 
Atlantic tunas (61 FR 18366, April 25, 1996), NMFS requested comments 
on the petition as part of the rulemaking process.

NMFS Response to the MAS Petition

    Recommendation: Ban the retention of all juvenile ABT less than 73 
inches (185 cm).
    Response: Harvest of these fish provides important scientific 
information. The small fish index is one of the main indices used by 
the Standing Committee on Research and Statistics (SCRS) for stock 
assessment of western ABT. Retaining juveniles allows for the 
collection of biological data that can not be obtained through tagging 
data alone. Catch-at-age data are also provided by this fishery. The 
fishery for small ABT is of tremendous socio-economic importance to 
coastal communities and the recreational fishery. While commercial 
revenues would increase due to the resulting quota reallocation, 
employment associated with the recreational fishery and expenditures in 
coastal communities would decrease. Also, as the 1995 Final 
Environmental Impact Statement (FEIS) demonstrates, the western ABT 
stock is expected to rebuild for all scenarios analyzed, including 
scenarios that increase the allocation of small ABT. Thus, while 
eliminating the fishery for small ABT would hasten stock recovery, the 
loss of scientific data for quota monitoring and the socio-economic 
costs associated with closure of the small fish fishery would be 
significant.
    Recommendation: Develop a tag-and-release program for juvenile ABT.
    Response: NMFS already has a tag-and-release program in place for 
all ABT. Also, when fisheries are closed, NMFS still allows fishers 
with tagging kits to practice catch-and-release.
    Recommendation: Require better reporting of fish caught in the 
Angling category to facilitate the collection of more accurate 
population data and to ensure compliance with ICCAT recommendations.
    Response: NMFS agrees with the merits of this recommendation and 
has reviewed the large pelagic survey (LPS) methodology, conducted 
meetings, and participated in workshops, including the American 
Sportfishing Association (ASA) workshop in New Orleans, LA, to consider 
alternatives to the LPS for quota monitoring. NMFS continues to work 
toward this goal.
    Recommendation: Carry out better enforcement of catch allocation 
quotas.
    Response: NMFS always strives to enforce fishery regulations and 
quotas to the greatest extent possible. NMFS monitors the tuna quota as 
closely as possible and closes the fishery when needed.

Public Comments

    Numerous comments were received via letter, telephone and at the 
public hearings held on the proposed rule. Those commenters who 
supported MAS' petition felt that anglers should be restricted to a 
tag-and-release fishery only and that those interested in ABT have 
everything to gain from a tag-and-release fishery. Commenters who 
opposed MAS' petition felt that the juvenile fishery provides important 
scientific monitoring data and that the petition ignored the economic 
importance of this fishery to the mid-Atlantic area.
    Other comments included: agree that ABT populations need to be 
restored but in a different manner; the latest SCRS report shows 
recovery of ABT under 73 inches (185 cm); banning the retention of fish 
under 73 inches (185 cm) is not required for stock recovery, ICCAT 
recommendations for recovery reflect the catch of ABT at various sizes; 
continued harvest of juveniles undermines the efforts of the U.S. 
delegation to ICCAT in seeking compliance by eastern Atlantic and 
Mediterranean Sea fishing nations; and, because Angling category 
landings are estimated from surveys, the method of data collection is 
highly subjective, thus, thousands of fish may go unrecorded.

Decisions

    NMFS has decided not to proceed with rulemaking to eliminate the 
fishery of small ABT as requested by MAS. Retaining a small fish quota 
is needed, because the Angling category fishery is not only essential 
for collection of stock assessment data but is of tremendous socio-
economic importance to the coastal communities and anglers involved in 
the recreational fishery.
    As demonstrated in the FEIS (July 1995), the stock is expected to 
rebuild for all scenarios analyzed. From a socio-economic perspective, 
the MAS proposal is not optimal or desirable. The result would be a 
shift in quota allocation and, therefore, an increase in commercial 
revenues. However, employment associated with the recreational fishery 
and its economic impact on coastal communities would decline. It is not 
clear that the losses in the recreational sector would be commensurate 
with the gains to the commercial sector from such a quota transfer.
    Nevertheless, NMFS continues to address certain elements of the MAS 
request such as the tag-and-release program for all ABT, improving 
reporting of fish caught in Angling

[[Page 43035]]

category, and enforcing catch allocation quotas.

    Authority: 16 U.S.C. 971 et seq.

    Dated: August 15, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-21202 Filed 8-19-96; 8:45 am]
BILLING CODE 3510-22-F