[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Proposed Rules]
[Pages 48661-48662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23585]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 285 and 630
[I.D. 082996A]
Atlantic Tuna Fisheries and Atlantic Swordfish Fishery; Offshore
Resource Management Corporation Petition
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Denial of petition for rulemaking.
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SUMMARY: NMFS hereby announces denial of the petition for rulemaking
submitted by the Offshore Resource Management Corporation (ORMC). ORMC
petitioned NMFS to amend the tuna regulations to make pair trawling an
authorized gear type for non-bluefin tunas and amend the swordfish
regulations to increase the swordfish bycatch limit for the pair trawl
fishery.
ADDRESSES: Copies of the ORMC petition for rulemaking are available
upon request from William Hogarth, Highly Migratory Species Management
Division, Office of Sustainable Fisheries (F/SF), NMFS, 1315 East-West
Highway, Silver Spring, MD 20910-3282.
FOR FURTHER INFORMATION CONTACT: William Hogarth, 301-713-2347.
SUPPLEMENTARY INFORMATION:
Background
Regulations implemented under the authority of the Atlantic Tunas
Convention Act (ATCA) (16 U.S.C. 971 et seq.) governing the harvest of
Atlantic tunas by persons and vessels subject to U.S. jurisdiction are
found at 50 CFR part 285. The Atlantic swordfish fishery is managed
under the Fisheries Management Plan for Atlantic Swordfish (FMP) and
its implementing regulations at 50 CFR part 630 issued under the
authority of the Magnuson Fisheries Conservation and Management Act (16
U.S.C. 1801 et seq.) and ATCA. Regulations issued under the authority
of ATCA carry out the recommendations of the International Commission
for the Conservation of Atlantic Tunas (ICCAT).
On March 1, 1996, ORMC submitted a petition to NMFS to undertake
rulemaking to permanently authorize pair trawling in the non-bluefin
Atlantic tuna fisheries and increase the swordfish bycatch limit for
the pair trawl fishery. 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 ORMC Petition
NMFS has evaluated all relevant information, including comments
from the public, and has determined that authorizing the use of pair
trawls for catching Atlantic tunas is not consistent with the current
agency approach to resolving the longterm issue of overcapacity and
effort in the Atlantic tunas fishery. The reason for this position is
that these stocks are all either fully- or over-exploited, and to
increase capacity in these fisheries is inconsistent with NMFS' ongoing
efforts to deal comprehensively with total fishing capacity. After
initiation of the experimental fishery, ICCAT, at its November 1993
meeting, recommended that member countries limit ``the effective
fishing effort exerted on Atlantic yellowfin tuna to 1992 levels.'' The
recommendation, as well as earlier concern about the tunas stocks,
prompted NMFS to begin its comprehensive review. Action to date
includes publication of a control date for tunas, permitting
requirements for tunas, sharks, and swordfish, and data collection. In
November 1995, NMFS initiated a series of public Limited Access
Workshops. Additional scoping meetings for addressing capacity in the
tunas fisheries will be held after the fall ICCAT meeting, at which
NMFS will obtain further information on the status of the tuna stocks.
The Division of Highly Migratory Species Management has already
issued for preliminary review a proposal to implement limited access in
the shark and swordfish fisheries. In addition, the bycatch of
swordfish is of great concern to NMFS, particularly in view of the
overfished status of the swordfish stock. The agency's limited access
proposal begins to address these concerns.
Further, as stated in the 1995 Environmental Assessment for the
experimental fishery, NMFS' intent at the completion of the experiment
and analysis of data was to release the data on the fishery and ask for
public comment relative to the long-term status of this fishery.
Following this strategy, in conjunction with the comprehensive review,
is preferable to accepting this petition. All data will be released to
the public.
Data from the experimental pair trawl fishery show considerable
incidental take of marine mammals. Allowing this additional gear into
the open-access yellowfin tuna fishery, which already interacts with
marine mammals, could result in increased marine mammal mortality.
Authorizing such a new gear type in these circumstances would be
inimical to the overarching purpose of the MMPA amendments that
commercial fisheries reduce incidental mortality to insignificant
levels approaching a zero mortality and serious injury rate.
Public Comments
Numerous comments were received via letter, telephone, and at the
public hearings held on the proposed rule. Those commenters who
supported ORMC's petition stated that the pair trawl fishery is highly
selective in terms of species and size, and results in very few
interactions with marine mammals. Supporters felt that NMFS should
reward the efforts and investments of pair trawl fishermen, who seek to
improve harvest methods and reduce damage to fisheries resources. Some
stated that pair trawling is an efficient means of harvesting albacore,
bigeye, and yellowfin tuna and has no detrimental effect on traditional
fisheries. Others noted that pair trawlers supply quality non-bluefin
tuna to the Japanese market.
Commenters who opposed ORMC's petition wrote that authorization of
pair trawling would allow increased effort in an already fully- or
over-exploited fishery. Some felt that the increased fishing effort
could be construed as a withdrawal of the U.S. commitment to
conservation as espoused through ICCAT agreements. NMFS also received
comments expressing concern about gear conflicts and the hazards of
pair trawl practices to other vessels and crew. A few individuals
commented that any negative economic impact on local communities,
resulting from pair trawl authorization, would far outweigh the
benefits to a small number of commercial fishermen. Others expressed
concern that the operation of pair trawls is hazardous to other vessels
and vessel operators.
Decision
In summary, the petition requests that NMFS allow a new and non-
traditional gear type to enter the Atlantic tuna fisheries. NMFS has
determined that the Atlantic tuna fisheries are fully exploited or
overexploited and ongoing
[[Page 48662]]
comprehensive capacity controls measures must be completed. Thus, NMFS,
as stated above, has determined that proceeding with rulemaking to
authorize pair trawl gear is not appropriate and the petition should be
denied.
Authority: 16 U.S.C. 971 et seq., 16 U.S.C. 1801 et seq.
Dated: September 10, 1996.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine
Fisheries Service.
[FR Doc. 96-23585 Filed 9-11-96; 10:49 am]
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