[Federal Register Volume 62, Number 108 (Thursday, June 5, 1997)]
[Rules and Regulations]
[Pages 30741-30746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14630]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 285

[Docket No. 960816226-7124-03; I.D. 111396A]
RIN 0648-AJ04


Atlantic Tuna Fisheries; Regulatory Adjustments

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

ACTION: Final rule.

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SUMMARY: NMFS amends the regulations governing the Atlantic tuna 
fisheries to: Divide the large school-small medium size class quota and 
the large medium-giant quotas of Atlantic bluefin tuna (ABT) Angling 
category into north and south regional subquotas; establish a new tuna 
permit program to provide for category changes, annual renewals, and 
the collection of fees; require self-reporting for ABT landed under the 
Angling category; prohibit the retention of ABT less than the large 
medium size class by vessels permitted in the General category; and 
prohibit fishing for ABT by persons aboard vessels permitted in the 
General category on designated restricted-fishing days. The regulatory 
amendments are necessary to achieve domestic management objectives for 
the Atlantic tuna fisheries.

DATES: Effective June 16, 1997.

ADDRESSES: Copies of supporting documents, including an Environmental 
Assessment and Regulatory Impact Review (EA/RIR), are available from, 
Rebecca Lent, Chief, Highly Migratory Species Management Division, 
Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910-3282.
    Comments regarding the collection-of-information requirement 
contained in this rule should be sent to Rebecca Lent, Chief, Highly 
Migratory Species Division and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Washington, 
DC 20503 (Attention: NOAA Desk Officer).

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).
    Background information about the need for revisions to Atlantic 
tunas fishery regulations was provided in the preamble to the proposed 
rule (62 FR 9726, March 4, 1997) and is not repeated here. These 
regulatory changes will improve NMFS' ability to achieve domestic 
management objectives for the Atlantic tuna fisheries.

Relation to Proposed Consolidation

    The regulatory amendments contained in this final rule were 
originally written to be consistent with a proposed rule consolidating 
all regulations pertaining to Atlantic HMS under 50 CFR part 630 (61 FR 
57361, November 6, 1996). A final rule consolidating the regulations 
has not yet been issued. Thus, for the Atlantic tunas regulations 
contained in this final rule to be effective prior to the 
consolidation, they must be written to conform with existing text at 50 
CFR part 285. The regulatory amendments contained in this final rule 
will eventually be incorporated into the final consolidated regulations 
at 50 CFR part 630. Copies of the proposed consolidation rule may be 
obtained by writing (see ADDRESSES) or calling the contact person (see 
FOR FURTHER INFORMATION CONTACT).

Angling Category

    In this final rule, the large school-small medium and large medium-
giant ABT Angling category quotas are subdivided, allocating 53 percent 
of landings to the northern region and 47 percent to the southern 
region. Subdividing the quotas serves to minimize impacts on northern 
fisheries and increases the temporal and geographic scope of scientific 
monitoring. The effect of this measure has been included in the 
proposed ABT 1997 quota specifications (62 FR 19296, April 21, 1997).

General Category

    This final rule prohibits persons aboard vessels permitted in the 
General category from retaining ABT less than the large medium size 
class. This action effectively separates the commercial and 
recreational fisheries, with the exception of charter/headboats. 
Anglers aboard vessels permitted in the Charter/Headboat category may 
collectively fish under either the daily Angling category limits or the 
daily General category limit as applicable on that day. The size 
category of the first ABT retained or possessed will determine the 
fishing category of the vessel, and the applicable catch limits, for 
that day. This action will not be effective until 1998 to provide time 
for all vessel owners to change permit categories.
    Additionally, this rule prohibits persons aboard vessels permitted 
in the General category from fishing for, catching, retaining, or 
landing large medium or giant ABT on designated restricted-fishing 
days. As explained below, the prohibition has been modified from the 
proposed rule, which would have prohibited all fishing for any fish 
species on restricted fishing days. Fee-paying anglers aboard vessels 
permitted in the Charter/Headboat category may fish only under the 
Angling category rules on designated restricted-fishing days.

Permits and Catch Reporting

    This rule revises the Atlantic tunas permit and reporting program 
to provide for annual permit renewals, collection of fees, and 
mandatory reporting for ABT landed under the Angling category. Under 
the new permit system, reissued 1997 tuna permits are required for all 
permit holders, regardless of the date of expiration indicated on 
current permits. Vessel owners holding valid Atlantic Tunas permits 
issued prior to January 1, 1997 must obtain a renewal permit through 
the automated system by September 1, 1997 and may fish under the old 
permit only until that date.
    Beginning in calendar year 1997, a fee is assessed to recover the 
administrative costs of permit issuance. The permit fee has been 
established according to the NOAA schedule for recovery of 
administrative costs. All new permit applications, renewals and 
requests for category changes must be made under the automated system. 
Recorded information and instructions on the automated permit system 
can be obtained by phone (toll-free, 1-888-USA-TUNA) or over the 
internet (http://www.usatuna.com).
    The automated system implemented for the permit program will also 
provide

[[Page 30742]]

for automated catch reporting by telephone. Angling, Charter/Headboat, 
and General category permit holders will be notified of applicable 
reporting procedures for 1997. Additional reporting procedures under 
consideration in cooperation with individual states may involve catch 
reports by tagging fish, using punch cards or requiring fish to be 
reported at designated check-in stations. Improvements in quota 
monitoring are necessary to meet ICCAT obligations and domestic 
management objectives.
    Finally, this rule revises the provisions for tag and release 
fishing for ABT. Current regulations allow for catch and release 
fishing for ABT after fishery closures provided that fish are tagged 
and that NMFS-approved tagging kits are on board the participating 
vessel. This rule would restrict such catch-and-release activity to 
persons aboard vessels permitted in the Atlantic tuna fisheries. 
Requiring vessel permits in addition to tagging kits recognizes that 
these situations are in fact directed fisheries for ABT, and 
facilitates enforcement of ABT regulations and collection of catch and 
effort information.

Changes From the Proposed Rule

    Based on consideration of comments received, several changes were 
made to the proposed rule. The prohibition on fishing by persons aboard 
vessels permitted in the General category on designated restricted-
fishing days has been redefined to prohibit fishing for ABT only, as 
opposed to restricting all fishing activity for any species. Because a 
considerable number of General category permit holders have already 
renewed permits that expired in the first quarter of 1997, and a 
significant number of these vessel owners may elect to switch to the 
Angling category under the new catch limit rules, the prohibition on 
retaining small ABT by General category vessels is delayed until 
January 1, 1998. However, this delay in effectiveness does not apply to 
the prohibition on fishing for or retention of ABT by persons aboard 
General category vessels on restricted-fishing days. Finally, the 
proposed prohibition on the use of aircraft to assist fishing vessel 
operators in the location and capture of ABT, with the exception of 
purse seine vessels, is still under consideration by NMFS and is not 
addressed by this action.
    NMFS issued an interim final rule (62 FR 27518, May 20, 1997) to 
suspend, for 1997 only, the deadline for Atlantic tunas permit category 
changes in order to provide vessel owners the opportunity to consider 
changes after the effective dates of the 1997 final rules and quota 
specifications. Vessel owners will be notified of the last date to 
effect permit category changes after all relevant final rules are 
issued.

Comments and Responses

    NMFS conducted four public hearings on the proposed rule and 
received written and oral comments over a 30-day comment period. 
Responses to major comments are provided below.

North and South Regional Subquotas

    Comment: Many fishery participants expressed concern that further 
division of the Angling category size classes amounts to the creation 
of a ``new'' fishery (the Hatteras winter ABT fishery).
    Response: ABT catch has been occurring off North Carolina for many 
years, although more intensely over the past few years, and the fishery 
provides an excellent opportunity for expanding the scientific 
monitoring of ABT through intensive tagging and sampling programs. 
Subdividing the quota serves to minimize impacts on northern fisheries 
and increases the scope of scientific monitoring both in time and 
location.
    Comment: North Carolina charterboat operators requested that a 
portion of the Angling quota be set aside for the Hatteras fishery.
    Response: Due to the difficulty of monitoring small area subquotas 
in a precise and timely manner, and the problem of accounting for 
underharvest or overharvest if initial catch projections are later 
found to be inaccurate, NMFS rejected the option of separate quotas for 
each state or small area. Instead, NMFS has divided the large school-
small medium and large medium-giant size class Angling category quotas 
into North and South regional subquotas as was done in 1992 for school 
bluefin.

New Permit Program

    Comment: Some commenters opposed annual permitting and the 
requirement to renew old permits that have not yet expired.
    Response: Annual permitting is a key element in improving the 
monitoring of the ABT recreational fishery as well as the commercial 
component. An accurate permit database is an integral part of NMFS' 
commitment to improve ABT catch monitoring.
    Comment: Numerous comments were received in opposition to the 
permit fee. Some stated that the money should be used to fund tuna 
management as is done with other fish and wildlife permit fees.
    Response: Administrative cost recovery is NOAA policy and the fee 
is calculated to recover the costs of the automated permit and 
reporting system. Under current law, these funds cannot be dedicated to 
NMFS programs but must be deposited into the General Fund of the United 
States Treasury.
    Comment: The Director of the New Jersey Division of Fish, Game, and 
Wildlife submitted a comment questioning NMFS' authority to require an 
$18 license for recreational Atlantic tuna fishing on the basis that 
this action would preclude state efforts to implement a license system 
in territorial waters.
    Response: NMFS is authorized to charge fees for permits issued to 
participants in fisheries conducted in the U.S. exclusive economic 
zone. Following the procedures set forth under section 971g(d) of ATCA, 
the Assistant Administrator (AA) determined that provisions of 50 CFR 
part 285 apply within the territorial sea of Atlantic coast and Gulf of 
Mexico States, including New Jersey (Sec. 285.1(d)). Each State was 
notified of this determination and afforded the opportunity for a 
public hearing. Should any State implement a permit system that 
adequately provides for ABT quota monitoring, NMFS could consider 
exempting those licensees from the federal permit requirement.

Self-Reporting

    Comment: Several commenters expressed reservations on the 
effectiveness of self-reporting systems. Others stated that it is 
redundant with the current Large Pelagic Survey (LPS) and charter/
headboat logbooks. Some commenters believe that there will be no 
incentive for anglers to report their catch.
    Response: A call-in system is a logical extension of the new 
automated permitting system and redundancy with the LPS (estimated at 
20 percent overlap) is necessary for validation of catch reports. 
Duplication with logbooks is unavoidable, since those reporting 
requirements are derived from other FMPs and are not universal or 
timely relative to tuna catch monitoring. NMFS is currently working 
with the states under the Atlantic Coast Cooperative Statistics Program 
to reduce duplication of reporting programs.
    Comment: While the recreational constituency has expressed support 
for self-reporting systems, some are concerned that other methods 
(e.g., tags, cards, check-in stations) are not being tested and that 
without pilot studies a ``buy-in'' by rank-and-file anglers will be 
impossible.

[[Page 30743]]

    Response: In responding to constituent concerns regarding the 
accuracy of ABT catch monitoring and premature closures, the telephone 
reporting system is the most expedient solution for 1997. NMFS, in 
consultation with the Atlantic Tunas Advisory Panel to be formed under 
the requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act, may consider other options based on the results of the 
1997 fishing season telephone reports.

General Category Prohibitions

    Comment: Opposition to the no-fishing definition of a restricted 
day was nearly universal. Many General category tuna permit holders 
participate in other commercial fisheries, and it was argued that this 
proposal would have a significant adverse economic impact when 
considering effort controls already in effect for other commercial 
fisheries.
    Response: NMFS agrees that the proposal to prohibit all fishing 
would preclude fishing for other species on restricted-fishing days. 
Therefore, the regulation has been modified to allow fishing on other 
species from General category vessels on restricted days, but to 
prohibit catch-and-release fishing for ABT or the retention of ABT on 
restricted days. This absolute prohibition on retention of ABT is 
necessary to effectively enforce restricted-fishing days as well as 
closures.
    Comment: Some fishery participants, particularly those from the 
Mid-Atlantic area, objected to the prohibition on retention of small 
ABT by General category vessels. Fishermen in some areas alternately 
target large or small ABT depending on weather conditions and 
availability of fish.
    Response: Allowing fishing for school ABT makes enforcement of 
General category rules, particularly restricted-fishing days and daily 
catch limits, more difficult and has diminished the effectiveness of 
the effort controls. In addition, it is difficult to monitor the 
Angling category quota when General category vessels are included in 
the sample frame for the telephone and dockside surveys. Separation of 
the two fishing categories is necessary to address these concerns about 
quota monitoring and effective effort controls. Giant ABT could still 
be landed by Angling category vessels under the trophy fish subquota, 
though these fish cannot be sold. Additionally, Charter/Headboat 
operators will be allowed to target either school ABT or commercial 
size classes, reflecting the particular needs of these enterprises. Due 
to concern for vessel owners who may have already renewed permits for 
1997 but would consider a different category under these rules, the 
effective date of this measure will be delayed until 1998.

Classification

    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated 
authority to sign material for publication in the Federal Register to 
the AA.
    This rule is published under the authority of ATCA, 16 U.S.C. 971 
et seq. The AA has determined that the regulations in this final rule 
are necessary for management of the Atlantic tuna fisheries.
    NMFS prepared an EA for this final rule with a finding of no 
significant impact on the human environment. In addition, an RIR was 
prepared with a finding of no significant impact. The Assistant General 
Counsel for Legislation and Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The division of the Angling category ABT quota into regional subquotas, 
changes in the Atlantic tunas permitting program, establishment of an 
Angling category self-reporting system, and prohibition on fishing for 
ABT and on retention of ABT under 73 inches by vessels permitted in the 
General category, as established by this final rule, are measures that 
will not have a significant economic impact on a substantial number of 
businesses. No comments were received that changed the basis for the 
certification. Therefore, no Regulatory Flexibility Analysis was 
prepared.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act (PRA) unless that collection of information 
displays a currently valid Office of Management and Budget Control 
Number.
    This final rule implements new collections and restates or revises 
existing collection-of-information requirements subject to OMB review 
under the PRA. Atlantic tuna vessel permits required under 
Sec. 285.21(a) had previously been approved under OMB Control Number 
0648-0202 and were estimated at 30 minutes per permit action. Vessel 
reporting and recordkeeping requirements for commercial vessels under 
Sec. 285.54 are currently approved for swordfish and shark vessels 
under OMB Control Number 0648-0016 and are estimated at 15 minutes per 
logbook entry and 16 minutes for the attachment of tally sheets. Vessel 
reporting requirements for Atlantic tuna vessels permitted in the 
Angling category are currently approved as a voluntary collection under 
OMB Control Number 0648-0052 and are estimated at 8 minutes per 
telephone interview and 5 minutes per dockside interview.
    Although these permitting and reporting requirements have been 
approved by OMB for the indicated fisheries, this rule modifies or 
extends these information collections. First, the new annual permit 
system would require reissuance of all vessel permits. NMFS estimates 
that up to 20,000 permit holders may be affected at an estimated 6 
minutes per phone call. The new annual permit program has been approved 
by OMB under Control Number 0648-0327. Second, commercial tuna vessel 
operators who do not otherwise submit logbooks under swordfish or shark 
fishery requirements could be selected for the pelagic logbook 
reporting program under OMB Control Number 0648-0016. Purse seine, 
harpoon or handgear vessels could be affected, but NMFS must first 
develop a statistical sampling program. NMFS would request OMB approval 
prior to selecting vessels from these categories. Finally, ABT catch 
reporting by recreational anglers will be conducted by direct phone 
call rather than by interview. Catch reports are estimated at 5 minutes 
per toll-free phone call. While automated catch reporting may reduce 
the burden to individual respondents, the direct reporting program, 
when fully implemented, will increase the number of respondents. The 
direct reporting program has been approved by OMB under Control Number 
0648-0328.
    NMFS has determined that there is good cause to waive partially the 
30-day delay in the effective date normally required by section 553(d) 
of the Administrative Procedure Act. Since the Angling category fishery 
is underway, early implementation of the annual permitting program will 
ensure effective implementation of the mandatory reporting system, 
enabling NMFS to monitor the ABT Angling category catch and effect a 
fair distribution of fishing opportunities. Implementation of the 
division of the large school-small medium and the large medium-giant 
size class quotas of ABT will improve scientific data collection over 
all regions

[[Page 30744]]

and the entire fishing season. Given NMFS' ability to rapidly 
communicate these rule changes to fishing interests through the FAX 
network and NOAA weather radio, a 14 day notice is deemed sufficient.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 285

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

    Dated: May 30, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR chapter IX and 50 
CFR chapter II are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b), the table, is amended by removing 
in the left column under 50 CFR, the entries ``285.21,'' ``285.29,'' 
``285.53,'' and ``285.54'' and in the right column, in corresponding 
positions, the control numbers ``-0202,'' ``-0239,'' ``0168,'' and ``-
0239'', and by adding, in numerical order, the following entries to 
read as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
     CFR part or section where the                                      
 information collection requirement is   Current OMB control number (all
                located                     numbers begin with 0648-)   
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
50 CFR                                                                  
                                                                        
                  *        *        *        *        *                 
  285.21..............................  -0327.                          
                                                                        
                  *        *        *        *        *                 
  285.29..............................  -0239 and -0328.                
                                                                        
                  *        *        *        *        *                 
  285.54..............................  -0016.                          
                                                                        
                  *        *        *        *        *                 
50 CFR Chapter II                                                       
------------------------------------------------------------------------

PART 285--ATLANTIC TUNA FISHERIES

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

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

    4. In Sec. 285.2, the definition for ``Restricted-fishing day'' is 
added to read as follows:


Sec. 285.2  Definitions.

* * * * *
    Restricted-fishing day means a date, beginning at 0001 hours and 
ending at 2400 hours, after the commencement date of the General 
category fishing season and before the effective date of fishery 
closure on attaining the annual or subperiod quota, designated by the 
Director under Sec. 285.24(a) upon which no fishing for, possession or 
retention of Atlantic bluefin tuna may be conducted by persons aboard 
vessels permitted in the Atlantic tunas General category.
* * * * *
    5. In Sec. 285.21, paragraphs (c), (d), (e), (g), (k) and (l) are 
revised to read as follows:


Sec. 285.21  Vessel permits.

* * * * *
    (c) Application procedure. A vessel owner applying for a permit 
under this section must submit a completed permit application as 
indicated in the application instructions at least 30 days before the 
date on which the applicant desires to have the permit made effective.
    (1) Applicants must provide all information concerning vessel, gear 
used, fishing areas, and fisheries participation, including sworn 
statements relative to income requirements and permit conditions, as 
indicated in the instructions on the application form.
    (2) Applicants must also submit a copy of the official state 
registration or United States Coast Guard documentation, charter/
headboat license, and, if a boat is owned by a corporation or 
partnership, the corporate or partnership documents (copy of 
Certificate of Incorporation and Articles of Association or 
Incorporation), along with the names of all shareholders owning 5 
percent or more of the corporation's stock.
    (3) NMFS may require the applicant to provide documentation 
supporting any sworn statements required under this section before a 
permit is issued or to substantiate why such permit should not be 
revoked or otherwise sanctioned under paragraph (j) of this section.
    (4) Applicants must also submit any other information that may be 
necessary for the issuance or administration of the permit, as 
requested by NMFS.
    (d) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, a permit shall be issued within 30 days of receipt of a completed 
application. An application is complete when all requested forms, 
reports, information, sworn statements and supporting documentation 
have been received.
    (2) The applicant will be notified 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.
    (e) Duration. A permit issued under this section remains valid 
until it expires or is suspended, revoked, or modified pursuant to 
subpart D of 15 CFR part 904. Permits expire on the date indicated on 
the permit or when any of the information previously submitted on the 
application changes. Permits must be renewed upon expiration. Renewal 
of permits must be initiated at least 30 days before the expiration 
date to avoid a lapse in validity.
* * * * *
    (g) Replacement. Replacement permits will be issued when requested 
by the owner or authorized representative. A request for a replacement 
permit will not be considered a new application. An appropriate fee, 
consistent with paragraph (k) of this section, may be charged for 
issuance of the replacement permit.
* * * * *
    (k) Fees. NMFS may charge a fee to recover the administrative 
expenses of permit issuance. The amount of the fee shall be determined, 
at least biannually, in accordance with the procedures of the NOAA 
Finance Handbook, available from the Director, for determining 
administrative costs of each special product or service. The fee may 
not exceed such costs and is specified with application or renewal 
instructions. The required fee must accompany each application or 
renewal. Failure to pay the fee will preclude issuance of the permit.
    (l) Change in application information. Within 15 days after any 
change in the information contained in an application submitted under 
this section, the vessel owner must report the change by phone (1-888-
USA-TUNA) or internet (http://www.usatuna.com). In such case, a new 
permit will be issued to incorporate the new information. For certain 
informational changes, NMFS may require supporting documentation before 
a new permit will be issued or may require payment of an additional

[[Page 30745]]

fee. Permittees will be notified of such requirements, if applicable, 
when reporting changes. In case of failure to report changes, the 
permit shall be void as of the sixteenth day after a change in the 
permit information should have been reported as found in an action 
under 15 CFR part 904.
* * * * *
    6. In Sec. 285.24, paragraph (a)(1) is revised, the phrase ``For 
calendar year 1997,'' is added at the beginning of paragraph (a)(4), 
and paragraph (e) is revised to read as follows:


Sec. 285.24  Catch limits.

    (a) General category. (1) From the start of each fishing year, 
except on designated restricted-fishing days, only one large medium or 
giant Atlantic bluefin tuna may be caught and landed per day from a 
vessel for which a General category permit has been issued under this 
part. On designated restricted-fishing days, persons aboard such 
vessels may not fish for, possess or retain Atlantic bluefin tuna. NMFS 
will publish in the Federal Register a schedule of designated 
restricted-fishing days applicable for that fishing season.
* * * * *
    (4) For calendar year 1997, * * *
* * * * *
    (e) Charter/Headboat category. (1) Persons aboard vessels for which 
a Charter/Headboat category permit has been issued under this part are 
subject to the daily catch limit in effect on that day for school, 
large school, and small medium ABT applicable to the Angling category 
or the daily catch limit in effect on that day for large medium and 
giant ABT applicable to the General category. The size category of the 
first ABT retained or possessed shall determine the fishing category 
applicable to the vessel that day. Persons aboard the vessel may 
possess ABT 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 for the Angling or General category, as applicable. 
School, large school, and small medium ABT landed by persons aboard 
Charter/Headboat category vessels are counted against the Angling 
category quota. Large medium and giant ABT landed by persons aboard 
Charter/Headboat category vessels are counted against the General 
category quota if landed under paragraph (a)(1) of this section, or the 
Angling category quota, if landed under paragraph (d)(2) of this 
section.
    (2) When commercial fishing by vessels for which General category 
permits have been issued under this part is authorized, except when 
fishing in the Gulf of Mexico, operators of vessels for which a 
Charter/Headboat category permit has been issued under this part 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)(1) of this section. Once the applicable catch limit for large 
medium or giant bluefin tuna is possessed or retained on authorized 
commercial fishing days, persons aboard vessels for which Charter/
Headboat category permits have been issued under this part must cease 
fishing and the vessel must proceed to port. Large medium or giant ABT 
landed under this paragraph (e)(2) may be sold.
    (3) When the General category fishery is closed, except when 
fishing in the Gulf of Mexico, operators of vessels for which a 
Charter/Headboat category permit has been issued under this part are 
subject to the annual vessel limit and reporting requirement for non-
commercial take of large medium or giant Atlantic bluefin tuna as 
specified in paragraph (d)(2) of this section. Once the applicable 
catch limit for large medium or giant bluefin tuna is possessed or 
retained under the Angling category quota, fishing by persons aboard 
Charter/Headboat category vessels must cease and the vessel must 
proceed to port.
    (4) At any time when fishing in the Gulf of Mexico, operators of 
vessels for which Charter/Headboat category permits have been issued 
under this part may not fish for, catch, retain or possess bluefin tuna 
except that large medium and giant Atlantic bluefin tuna taken 
incidental to fishing for other species may be retained subject to the 
annual vessel limit and reporting requirement for non-commercial take 
of large medium or giant Atlantic bluefin tuna as specified in 
paragraph (d)(2) of this section. Once the applicable catch limit for 
large medium or giant bluefin tuna is possessed or retained under the 
Angling category quota, fishing by persons aboard Charter/Headboat 
category vessels must cease and the vessel must proceed to port.
    7. In Sec. 285.27, the first sentence of paragraph (a) is revised 
to read as follows:


Sec. 285.27  Tag and release program.

    (a) Notwithstanding other provisions of this part, a person aboard 
a vessel permitted under this part, other than a person aboard a vessel 
permitted in the General category on a designated restricted-fishing 
day, may fish for Atlantic bluefin tuna under a tag and release 
program, provided the person tags all Atlantic bluefin tuna so caught 
with tags issued or approved by NMFS under this section, and releases 
and returns such fish to the sea immediately after tagging and with a 
minimum of injury. * * *
* * * * *
    8. In Sec. 285.29, the heading is revised, the introductory text is 
removed, the phrase ``Any person issued a dealer permit under 
Sec. 285.28'' is added at the beginning of paragraphs (a), (b) 
introductory text, (c) and (d), and paragraph (f) is added, to read as 
follows:


Sec. 285.29  Recordkeeping and reporting.

    (a) Any person issued a dealer permit under Sec. 285.28 * * *
    (b) Any person issued a dealer permit under Sec. 285.28 * * *
    (c) Any person issued a dealer permit under Sec. 285.28 * * *
    (d) Any person issued a dealer permit under Sec. 285.28 * * *
* * * * *
    (f) Beginning July 1, 1997 anglers are required to report directly 
to NMFS all ABT landed under the Angling category quota. Permittees 
will be notified by the Director of the applicable reporting 
requirements and procedures. Alternative reporting procedures may be 
established by the Director in cooperation with the states and may 
include telephone, dockside or mail surveys, mail-in or phone-in 
reports, tagging programs, or mandatory ABT check-in stations. A 
statistically-based sample of the Angling category permittees may be 
selected for these alternative reporting programs.
    9. In Sec. 285.31, paragraphs (a)(4) and (a)(37) are revised and 
paragraph (a)(39) is added to read as follows:


Sec. 285.31  Prohibitions.

* * * * *
    (a) * * *
    (4) Fish for, catch, or possess or retain Atlantic bluefin tuna in 
excess of the catch limits specified in Sec. 285.24, except that fish 
may be caught and released under the provisions of Sec. 285.27.
* * * * *
    (37) Fish for, catch, possess, or retain any Atlantic bluefin tuna 
less than the large medium size class from a vessel other than one 
issued a permit for the Angling or Charter/Headboat categories under 
Sec. 285.21, or a permit for the Purse Seine category under Sec. 285.21 
as authorized under Sec. 285.23(d), or, for calendar year 1997, a 
permit for the General category under Sec. 285.21.
* * * * *
    (39) For owners or operators of General category permitted vessels, 
and persons aboard vessels permitted in the

[[Page 30746]]

General category under Sec. 285.21, to fish for, catch, possess, or 
retain, or to attempt to fish for, catch, possess, or retain Atlantic 
bluefin tuna on designated restricted-fishing days.
* * * * *
    10. In Sec. 285.54, the heading and paragraph (a) are revised to 
read as follows:


Sec. 285.54  Vessel recordkeeping and reporting.

    (a)(1) Logbooks. If selected and so notified in writing by the 
Director, the owner and/or operator of a vessel for which a permit has 
been issued under Sec. 285.21 or Sec. 285.53, must ensure that a daily 
logbook form is maintained of the vessel's fishing effort, catch, and 
disposition on forms available from the Science and Research Director. 
Such forms must be submitted to the Science and Research Director 
postmarked not later than the seventh day after sale of the fish 
offloaded from a trip. If no fishing occurred during a month, a report 
so stating must be submitted in accordance with instructions provided 
with the forms.
    (2) Tally sheets. The owner and/or operator of a vessel for which a 
permit has been issued under Sec. 285.21 or Sec. 285.53, and who is 
required to submit a logbook under paragraph (a)(1) of this section, 
must ensure that copies of tally sheets are submitted for all fish 
offloaded and sold after a fishing trip. Each tally sheet must show the 
dealer to whom the fish were transferred, the date they were 
transferred, and the carcass weight of each fish for which individual 
carcass weights are normally recorded. For species not individually 
weighed, tally sheets must record total weights by market category. 
Copies of tally sheets must be submitted with the logbook forms 
required under paragraph (a)(1) of this section.
* * * * *
[FR Doc. 97-14630 Filed 6-2-97; 11:42 am]
BILLING CODE 3510-22-W