[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Pages 8634-8635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4773]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 960416112-7026-05; I.D. 020597C]
RIN 0648-AJ04


Atlantic Tuna Fisheries; Regulatory Adjustments

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

ACTION: Interim final rule.

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SUMMARY: NMFS amends the regulations governing the Atlantic bluefin 
tuna (ABT) fisheries to provide authority for NMFS to close and/or 
reopen all or part of the Angling category in order to provide for 
equitable distribution of fishing opportunities throughout the species 
range. The regulatory amendments are necessary to increase the 
geographic and temporal scope of data collection from the scientific 
monitoring quota established for the United States under the 
international ABT stock recovery program. Additionally, this rule 
allows a more equitable geographic and temporal distribution of fishing 
opportunities for all fishermen in the Angling category, thus 
furthering domestic management objectives for the Atlantic tuna 
fisheries.

EFFECTIVE DATE: The interim final rule is effective February 21, 1997.

ADDRESSES: Comments on the interim final rule should be directed to, 
and copies of supporting documents, including an Environmental 
Assessment/Regulatory Impact Review (EA/RIR) are available from, 
William Hogarth, Acting Chief, Highly Migratory Species Management 
Division, Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed 
under the authority of the Atlantic Tunas Convention Act (ATCA). ATCA 
authorizes the Secretary of Commerce (Secretary) to implement 
regulations as may be necessary to carry out the recommendations of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT). The authority to implement ICCAT recommendations has been 
delegated from the Secretary to the Assistant Administrator for 
Fisheries, NOAA (AA). ICCAT has established a stock recovery program 
for ABT and has recommended an annual scientific monitoring quota of 
2,354 metric tons (mt) for nations fishing in the western Atlantic 
Ocean, of which the United States has been allocated 1,344.4 mt for 
1997.
    An initial quota of 243 mt was established for the Angling category 
in 1996 (61 FR 30183, June 14, 1996). NMFS estimated that nearly 60 mt 
of this quota was harvested in an unprecedented winter fishery off of 
North Carolina. The high level of landings early in the season had an 
unanticipated negative impact on traditional ABT fisheries in northern 
states and resulted in premature closures. Consequently, a number of 
fishery participants requested that NMFS take measures to avoid such 
closures in the future.
    This interim final rule responds to comments received in response 
to an advance notice of proposed rulemaking (ANPR) (61 FR 43518, August 
23, 1996). As stated in the ANPR, current regulations require the AA to 
monitor catch and landings statistics and close a fishery or quota 
category when it is projected that the quota has been attained. Another 
regulation enables the AA to adjust the daily catch limit in order to 
effect a fair allocation of fishing opportunities as the ABT migrate 
along the Atlantic coast. However, since the regulations do not 
adequately provide for geographic or temporal distribution of the 
entire Angling category quota, is difficult to achieve an equitable 
distribution of fishing opportunities to all areas.
    One of the regulatory options presented in the ANPR was 
implementation of a June 1 opening of the Angling category fishery. 
Such a delay in the season opening could ensure fishing opportunities 
for fishermen participating in the more northern ABT fisheries. This 
date would coincide with the commencement of the General category 
season. Under the alternative, fishing for ABT from January 1 to May 31 
would be allowed under the tag and release program only.
    Alternatively, the ANPR noted that regulations could be amended to 
allow the AA, upon determining that variations in seasonal 
distribution, abundance, or migration patterns of ABT, and the catch 
rate, are preventing fishermen in an identified area from harvesting a 
portion of the quota, to close the Angling category and reopen it at a 
later date, when the bluefin have migrated to the identified area.
    The ANPR established a 30-day comment period during which NMFS 
received numerous comments on the options presented. These comments are 
summarized below.

Comments and Responses

    Comment: Angling category permit holders expressed concern about 
decreased or loss of fishing opportunities in some areas as a result of 
increased landings of large school, small medium, and trophy class ABT 
in the North Carolina winter fishery. Some commenters support NMFS 
having the authority to close and/or reopen all or part of the Angling 
category in order to ensure an equitable distribution of fishing 
opportunities among anglers of all geographic areas. Some commenters 
felt that this would be a more reasonable solution than delaying the 
Angling category season until June 1. Still others

[[Page 8635]]

suggested that since the winter fishery off North Carolina is not 
historical, at least at current levels, it should not be allowed to 
increase if it is likely to jeopardize the ABT recovery program or 
preclude fisheries in traditional areas.
    Response: NMFS recognizes that the recent and unprecedented 
increase in Angling category landings of ABT in the early season North 
Carolina fishery has caused concern among Angling category permit 
holders about decreased fishing opportunities further north. This 
interim final rule is meant to address that concern by allowing NMFS to 
adjust opening and closing dates as the schools of fish move along the 
coast to new fishing areas, in order increase the scope of data 
collection and to allow a more equitable geographic and temporal 
distribution of fishing opportunities. NMFS believes that this expanded 
authority for interim closures, combined with geographic subdivisions 
of the quota currently under consideration, could adequately address 
the scientific monitoring and fishing opportunity issues without 
delaying the opening of the fishing season until June.

Management Measures

    This interim final rule expands NMFS authority to close the ABT 
Angling category for reasons other than attainment of quota. Upon 
determining that variations in seasonal distribution, abundance, or 
migration patterns of ABT, or the catch rate in one area may preclude 
anglers in an another area from a reasonable opportunity to harvest a 
portion of the quota, NMFS may close all or part of the Angling 
category, and may reopen it at a later date, to ensure that ABT have 
migrated to the identified area before the entire Angling category 
quota is reached.
    This regulatory change will improve NMFS' ability to implement 
ICCAT recommendations, including scientific monitoring of the stock and 
restricting catch to within the overall quota and the subquota for 
school size ABT. Additionally, this measure will further the domestic 
management objectives for the Atlantic tuna fisheries. This interim 
final rule will allow the North Carolina winter fishery for ABT to be 
conducted without taking such an inordinate share of any of the three 
size class quotas that fisheries in other areas are precluded.

Classification

    This interim final rule is published under the authority of the 
ATCA, 16 U.S.C. 971 et seq. The AA has determined that the regulations 
contained in this rule are necessary to implement the recommendations 
of ICCAT and are necessary for management of the Atlantic tuna 
fisheries.
     This interim final rule has been determined to be not significant 
for purposes of E.O. 12866.
    NMFS has determined that, under 5 U.S.C. Sec. 553(b)(B), there is 
good cause to waive the requirement for prior notice and an opportunity 
for public comment as such procedures would be contrary to the public 
interest. NMFS was undertaking rulemaking on this, and other, tuna 
fishery management issues. Specifically, NMFS had published an ANPR on 
August 23, 1996 seeking public comment on a variety of tuna issues. 
However, while that process remains ongoing, NMFS has received 
information from North Carolina that up to 10 metric tons of ABT have 
been taken by anglers since the fishery started on January 1, 1997. 
While the total 1997 annual quota for the Angling category of ABT has 
not yet been established, the historical allocation for this category 
has been set at approximately 220 mt. If the North Carolina harvest 
rate continues, it is possible that a significant portion of the entire 
angling quota might be taken prior to the time that the species 
migrates north. As such, given the public interest in an equitable 
distribution of catch among fishermen in the Angling category, the need 
for scientific data from throughout the species' range, and the fact 
that NMFS has already received public comment on the subject matter of 
this rule, further delay in the implementation of this action to 
provide an opportunity for additional comment is contrary to the public 
interest.
    Further, under 5 U.S.C. Sec. 553(d)(3), NMFS has determined that 
there is good cause, as explained above, to waive the 30-day delay in 
effective date. If this new authority results in a closure action for 
the ABT fishery, NMFS has the ability to rapidly communicate the 
closure to fishery participants through its FAX network, HMS 
Information Line, and NOAA weather radio. To the extent practicable, 
advance notice of such closure will be provided.

List of Subjects in 50 CFR Part 285

    Fisheries, Fishing, Penalties, Reporting and recordkeeping 
requirements, Treaties.

    Dated: February 20, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 285, is 
amended as follows:

PART 285--ATLANTIC TUNA FISHERIES

    1. The authority citation for part 285 continues to read as 
follows:

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

    2. In Sec. 285.20, paragraph (b)(1) is revised to read as follows:


Sec. 285.20  Fishing Seasons.

* * * * *
    (b) Closure. (1)(i) NMFS will monitor catch and landing statistics, 
including catch and landing statistics from previous years and 
projections based on those statistics, of Atlantic bluefin tuna by 
vessels other than those permitted in the Purse Seine category. On the 
basis of these statistics, NMFS will project a date when the catch of 
Atlantic bluefin tuna will equal any quota established under this 
section, and will file notification with the Office of the Federal 
Register stating that fishing for or retaining Atlantic bluefin tuna 
under the quota must cease on that date at a specified hour.
    (ii) Upon determining that variations in seasonal distribution, 
abundance, or migration patterns of ABT, or the catch rate in one area 
may preclude anglers in an another area from a reasonable opportunity 
to harvest a portion of the quota, NMFS may close all or part of the 
Angling category, and may reopen it at a later date if NMFS determines 
that ABT have migrated into an identified area. In determining the need 
for any such temporary or area closure, NMFS will consider the 
following factors:
    (A) The usefulness of information obtained from catches of a 
particular geographic area of the fishery for biological sampling and 
monitoring the status of the stock;
    (B) The current year catches from the particular geographic area 
relative to the catches recorded for that area during the preceding 
four years;
    (C) The catches from the particular geographic area to date 
relative to the entire category and the likelihood of closure of that 
entire category of the fishery if no allocation is made;
    (D) The projected ability of the entire category to harvest the 
remaining amount of Atlantic bluefin tuna before the anticipated end of 
the fishing season.
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[FR Doc. 97-4773 Filed 2-21-97; 4:51 pm]
BILLING CODE 3510-22-F