[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Proposed Rules]
[Pages 48876-48878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23767]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 960416112-6256-03; I.D. 091296B]
RIN 0648-AI29


Options for 1997 Rulemaking for Atlantic Tunas

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

ACTION: Advanced notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: NMFS is considering rulemaking on a number of issues that 
affect the Atlantic tuna fishery: (1) Changes in Atlantic tuna permit 
regulations to require annual permits, establish mutually exclusive 
recreational and commercial fishing categories, recover administrative 
costs through a permit fee; (2) modifications to the Atlantic bluefin 
tuna (ABT) Angling category quotas to address geographic distribution 
of fishing opportunities, and establishing mandatory self-reporting 
systems for ABT recreational quota monitoring; (3) modifications to the 
target catch requirements for the Incidental longline ABT fishery; (4) 
measures necessary to implement quota modifications and/or any other 
management recommendations for Atlantic tunas

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following the 1996 meeting of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT); and (5) methods for improving 
quota monitoring and enforcement, and alternative measures to extend 
the season.

DATES: Written comments on this ANPR must be received on or before 
October 15, 1996.

ADDRESSES: Written comments should be addressed to William Hogarth, 
Acting Chief, Highly Migratory Species Management Division (F/CM4), 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347.
SUPPLEMENTARY INFORMATION:
    Permits: NMFS currently has a three-year staggered renewal 
permitting system for Atlantic tunas. This system has hampered the 
agency's ability to monitor closely the size of the fleet that 
participates in the Atlantic tuna fishery. NMFS therefore is 
considering implementing an annual renewal of permits, available 
through a modernized internet and phone voice-recognition system, which 
would be subject to a permit fee calculated so as to recover 
administrative costs.
    NMFS has received numerous comments regarding the possible 
separation of recreational and commercial ABT fishers; the current 
permit system allows Angling, General, and Charter/Headboat category 
vessels to target and land recreational-size ABT, while General and 
Charter/Headboat may also target, land and sell commercial size ABT. 
NMFS solicits comments on the possible implementation of a permit 
system that allows vessels to target and land exclusively commercial-
size fish or exclusively recreational-size fish, with no possibility 
for overlap.
    Angling Category Operations: Historically, the Angling category 
school size subcategory has been divided between a ``north'' and a 
``south'' area quota, with the division at Delaware Bay, while the 
large school-small medium category has not been subdivided. In the last 
few years, there has been increased concern regarding the geographic 
distribution of these harvests. NMFS is considering alternative sub-
quota divisions that would increase the geographical extent of 
recreational fishing opportunities.
    NMFS is also of considering alternatives to the Large Pelagic 
Survey (LPS) for the purposes of quota monitoring in the ABT 
recreational fishery. NMFS has attended a number of meetings and 
workshops with constituents regarding recreational quota monitoring, 
and is soliciting comments on the possible implementation of a self-
reporting system for ABT quota monitoring, including the use of punch-
cards, tags, hot-line phone-in systems, and/or other mandatory self-
reporting mechanisms. Accuracy of these self-reporting systems may be 
ensured through the use of personal identification numbers, at sea and 
dockside enforcement, and follow-up surveys to ensure that ABT catches 
are being reported.
    Incidental Category Target Catch Requirements: The incidental 
longline fishery, which commonly directs fishing effort on swordfish, 
sharks and non-bluefin tunas, also occasionally catches bluefin tuna 
incidental to these other fisheries. Under current Atlantic bluefin 
tuna regulations, the incidental longline fishery is permitted to 
retain: (1) One (bluefin tuna) per vessel per fishing trip landed south 
of 34 deg.00' N. latitude, provided that for the months of January 
through April at least 1,500 pounds (680 kg), and for the months of May 
through December at least 3,500 pounds (1,588 kg), either dressed or 
roundweight, of species other than Atlantic bluefin tuna are legally 
caught, retained, and offloaded from the same trip and are recorded on 
the dealer weighout as sold; and (2) Two percent by weight, either 
dressed or round weight, of all other fish legally landed, offloaded 
and documented on the dealer weighout as sold at the end of each 
fishing trip, north of 34 deg.00' N. latitude. These longline fishery 
retention allowances receive a quota each year from the overall bluefin 
tuna quota, along with other directed fishery quotas.
    The quota for the Incidental category has not been met in recent 
years, most notably due to decreased landings by longline vessels 
fishing in the southern area (south of 34 deg.00' N. latitude). This 
decrease in landings is attributable in part to a decline in effective 
fishing effort in the Gulf of Mexico and south Atlantic region. 
Consequently, in 1994 and 1995, a portion of the southern area quota 
was transferred to the northern area longline fisheries. NMFS also 
adjusted the north-south dividing line in 1993, without reapportionment 
of the area subquotas. This division line adjustment prompted comments 
regarding division of quota and specification of landings requirements 
affecting the northern and southern subcategories of the Incidental 
longline category.
    In addition, 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 Atlantic bluefin tuna and shark 
regulations, taken together, force discarding of Atlantic bluefin tuna. 
These fishermen have requested an allowance to land and market fish 
that would otherwise be discarded dead, thus increasing boat revenues 
without contributing to additional Atlantic bluefin tuna mortality.
    In response to comments, NMFS undertook a review of the Atlantic 
bluefin tuna incidental catch regulations, including division of the 
quotas, position of the dividing line between the northern and southern 
subcategories, and landing criteria applicable to each management area. 
Observer data from longline trips taken from 1991-1994 indicate that 2 
or fewer ABT were hooked on 91 percent of all observed trips. Landings 
information indicates that median values for landed catch are 
approximately 1500 pounds for trips made in the months of January 
through April, and 3500 pounds for trips made in May through December, 
in fisheries south of 34 deg.00'; and 3500 pounds for trips made 
throughout the year in fisheries north of 34 deg.00'. From that same 
study, the 75th percentile values for landed catch are approximately 
4500 pounds for trips made in the months of January through April, and 
6000 pounds for trips made in May through December, in fisheries south 
of 34 deg.00'; and for trips made throughout the year in fisheries 
north of 34 deg.00'.
    As a result of this review, NMFS requests comments on possible 
changes to reduce incidental mortality of ABT while allowing for 
commercial use of unavoidable bycatch--namely, to reapportion the base 
Incidental longline quota between the northern and southern geographic 
regions to more accurately reflect catch trends for those areas and to 
also adjust target catch requirements for both the northern and 
southern Incidental longline subcategories. Target catch is species 
other than Atlantic bluefin tuna that are legally caught, retained, and 
offloaded from the same trip and are recorded on the dealer weighout as 
sold, and can be in either whole or dressed weight pounds (lb) or 
kilograms (kg).
    In the Incidental south subcategory, NMFS is considering whether to 
adjust target catch requirements adjusted as follows: (1) From January 
through April, one fish per vessel per fishing trip with

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at least 1500 lb (680 kg) of target catch, or two fish per vessel per 
trip with at least 4500 lb (2040 kg) of target catch; (2) From May 
through December, one fish per vessel per fishing trip with at least 
3500 lb (1588 kg) of target catch, or two fish per vessel per trip with 
at least 6000 lb (2722 kg) of target catch. In the Incidental north 
subcategory, NMFS is considering whether to adjust target catch 
requirements to one fish per vessel per fishing trip with at least 3500 
lb (1588 kg), or two fish per vessel per trip, with at least 6000 lb 
(2722 kg) of target catch.
    Implement 1996 ICCAT Management Recommendations: NMFS anticipates 
that quota modifications as well as other management measures will be 
recommended at the 1996 ICCAT meeting. Management issues that are 
already on the Commissioners' meeting agenda include recovery plans for 
Atlantic bluefin tuna and the establishment of specific management 
measures for yellowfin tuna. While the specific nature of these 
recommendations will not be known until late November, the recovery 
plans will be available after meetings of the Standing Committee on 
Research and Statistics (September 9 - 20, 1996 for bluefin).
    Other Comments: NMFS is also soliciting comments on other aspects 
of tuna regulations, including methods for improving quota monitoring 
and enforcement. For the latter, NMFS would like comments on the 
possibility of prohibiting vessels permitted in the Atlantic tuna 
fishery to carry tuna fishing gear on board on the day prior to the re-
opening of the fishery, including no-fishing days or closed season 
days. Finally, suggestions for alternative measures to extend the 
fishing season are solicited. No-fishing days and monthly quotas were 
established for the 1996 fishery, and NMFS solicits proposals on 
modifications to these and/or alternative methods to extend the season.

Request for Comments

    NMFS requests comments on possible changes to the Atlantic tuna 
regulations as outlined above, in an effort to obtain industry input 
prior to developing specific proposals for regulatory alternatives. 
Comments received on this ANPR will assist NMFS in drafting proposed 
changes to the Atlantic tunas regulations.

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

    Dated: September 12, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-23767 Filed 9-12-96; 12:32 pm]
BILLING CODE 3510-22-F