[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Rules and Regulations]
[Pages 35107-35109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16964]


=======================================================================

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 970401075-7141-02; I.D. 121296A]
RIN 0648-AJ69


Atlantic Tuna Fisheries; Annual Quotas

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

ACTION: Final rule.

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

SUMMARY: NMFS amends the regulations governing the Atlantic tuna 
fisheries to set Atlantic bluefin tuna (ABT) fishing category quotas 
for the 1997 fishing year. The regulatory amendments are necessary to 
implement the 1996 recommendation of the International Commission for 
the Conservation of Atlantic Tunas (ICCAT) regarding fishing quotas for 
bluefin tuna, as required by the Atlantic Tunas Convention Act (ATCA), 
and to achieve domestic management objectives.

DATES: The rule is effective June 25, 1997.

ADDRESSES: Copies of supporting documents, including an Environmental 
Assessment-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.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, or Mark 
Murray-Brown, 508-281-9260.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed 
under the authority of the ATCA. ATCA authorizes the Secretary of 
Commerce (Secretary) to issue regulations as may be necessary to carry 
out the recommendations of ICCAT. The authority to issue regulations 
has been delegated from the Secretary to the Assistant Administrator 
for Fisheries, NOAA (AA).
    At its 1996 meeting, ICCAT recommended that the Contracting Parties 
whose vessels have been actively fishing for bluefin in the western 
Atlantic institute a scientific monitoring quota of 2,354 mt each year 
for 1997 and 1998. When allocating the U.S. share of 1344.4 mt for 
1997, NMFS takes into consideration the contribution of each fishing 
category to catch-per-unit-effort (CPUE) indices for the purposes of 
stock assessment. However, NMFS also considers the effect of 
allocations on the traditional user groups and takes into account 
recent trends in fishing fleet activity.
    Background information about the need for revisions to Atlantic 
tunas fishery regulations was provided in the preamble to the proposed 
rule (62 FR 19296, April 21, 1997) and is not repeated here. These 
regulatory changes will improve NMFS' ability to implement the ICCAT 
recommendations and further the 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 highly migratory species 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).

Fishing Category Quotas

    No changes have been made to the proposed quotas. The ABT fishing 
category quotas for the 1997 fishing year are as follows: General 
category--633 mt; Harpoon Boat category--53 mt; Purse Seine category--
250 mt; Angling category--265 mt; Incidental category--110 mt; and 
Reserve--33 mt.
    The Angling category quota is subdivided as follows: No more than 6 
mt may be large medium or giant ABT and no more than 108 mt may be 
school ABT. The quota for school ABT is further subdivided as 51 mt for 
the southern area and 57 mt for the northern area. The 151 mt of large 
school/small medium ABT is further subdivided as 71 mt for the southern 
area and 80 mt for the northern area.
    The Incidental category quota is subdivided as follows: 86 mt to 
longline vessels operating south of 34 deg. N. lat.; 23 mt to longline 
vessels operating north of 34 deg. N. lat.; and 1 mt to fishermen using 
traps, fixed gear, and purse seines in the non-tuna fisheries. Although 
this final rule establishes a 1997 quota of 1 mt for the Incidental 
Other category, a catch of

[[Page 35108]]

1.46 mt in this category resulted in a closure effective January 17, 
1997 (62 FR 3490, January 23, 1997). This final rule does not alter 
that quota and the closure for the Incidental Other category remains in 
effect until December 31, 1997.

Comments and Responses

    Comment: Many fishery participants supported the increased 
allocation to the Angling and General categories based on increased 
participation rates and the usefulness of scientific data obtained. 
Other comments requested that the number of permit holders rather than 
past quota levels be the basis for reallocation of the Reserve.
     Response: NMFS agrees that participation in the General and 
Angling categories has increased in recent years and has resulted in 
early closures for these categories. Because of the reliance on the 
large fish and small fish CPUE indices for stock assessment, the 
General and Angling category fisheries should be kept open as long as 
possible to achieve high survey sampling rates over the widest possible 
geographic area. Also, NMFS, in response to recommendations from the 
National Research Council, has increased scientific sampling, working 
with outside organizations in conducting genetic studies, 
microconstituent analysis, sexual maturity determination, tagging 
studies, and age and growth studies. For these reasons, NMFS has 
reallocated the 145 mt that had been in the 1995 Reserve to the Angling 
and General categories. A total reserve of 33 mt will allow NMFS to 
transfer tonnage to keep fisheries open for the longest period possible 
to maximize scientific data collection. The criteria for such inseason 
transfers are stipulated in the regulations and are not changed by this 
rule.
    Comment: Many commenters expressed concern that an increase of 
Angling category quota would increase the take of small fish, thus 
increasing fishing mortality. Others commented that NMFS should not 
``reward'' the Angling category participants, who have exceeded their 
quota in the last 2 years, with an increase in quota.
     Response: As recommended by ICCAT, NMFS regulations limit the take 
of school size ABT to 8 percent by weight of the total domestic quota. 
Therefore, the amount of school size fish available is not directly 
related to the Angling category allocation. The Angling category is the 
only source of small fish CPUE data for stock assessment. In addition, 
the recreational fishery is of significant socioeconomic importance.
    Comment: NMFS received hundreds of form letters requesting that the 
Purse Seine category quota be reduced to 125 mt in order to provide 
greater opportunities for the thousands of fishermen in the Angling and 
General categories, to provide improved scientific monitoring of ABT, 
to protect the businesses that support the Angling and General 
categories, and to provide the greatest economic benefit to the 
American public. NMFS received several similar comments from fishermen 
requesting that NMFS reduce the Purse Seine category quota to more 
``fairly and equitably'' allocate the 1997 quota. Others added that the 
handgear sector of the fishery provides broader scientific data over a 
greater geographic area than the Purse Seine sector and that it was the 
recreational community that initiated the archival tagging program this 
year.
    Response: NMFS has decided that reallocation issues warrant further 
consideration by the Atlantic Tunas Advisory Panel (AP) to be created 
as required under the Magnuson-Stevens Fishery Conservation and 
Management Act. The AP, required by law to be of balanced 
representation, would consider comments submitted under these proposed 
specifications and will discuss reallocation schemes and provide 
additional opportunities for public comment. For this reason, NMFS 
intends to use the AP for further discussion and recommendations to the 
agency, and makes no immediate change to the Purse Seine category 
quota.
    Comment: Several Purse Seine industry members requested that NMFS 
reallocate some of the available quota for 1997 to the Purse Seine 
category, in light of the 51 mt reduction in 1995. NMFS received 
comments that the Purse Seine fishery contributed to the establishment 
of the historical U.S. share of the western Atlantic quota (52 
percent), and that in the 1960's and 1970's, purse seiners tagged 
thousands of juvenile fish for scientific monitoring.
    Response: The 1992 allocations were established based on historical 
share of the U.S. catch for the preceding 10 years. In 1995, 51 mt were 
transferred out of the Purse Seine category quota in order to provide 
further data for scientific monitoring. As mentioned above, NMFS 
intends to use the AP for further consideration of ABT allocation 
schemes.
    Comment: NMFS received comments that the Reserve should be 
allocated to fishing categories at the beginning of the fishing season.
    Response: This year, NMFS greatly reduced the amount held in the 
Reserve, given existing and recently implemented quota monitoring 
measures for the commercial and recreational categories, respectively. 
NMFS maintains, however, that a base amount of quota should be reserved 
until later in the season, should any inseason adjustments be necessary 
to ensure that the 1997 quota set by ICCAT is not exceeded.
    Comment: NMFS received comments from recreational interests that 
there is a history of rod and reel fishing back to the early 1900s for 
the New York Bight area and south and that allocations should be based 
on real history and scientific monitoring standards.
    Response: The 1992 baseline quotas were established to reflect 
recent trends in catch and effort as evidenced from 1983 to 1990. In 
establishing quotas, NMFS has endeavored to balance historical 
allocation with the requirements to reduce the catch of small fish, 
rebuild the western ABT stock, and obtain the most useful scientific 
information from the fish that are harvested.
    Comment: Several commenters requested that NMFS allocate a late-
season (November-December) General category set-aside to North Carolina 
in order to provide commercial and charterboat fishermen in that area 
access to the fishery at a time when no other scientific data are 
collected and to eliminate conflict between General and Angling 
categories.
    Response: In 1991, at the request of North Carolina fishermen, NMFS 
requested comment on a change in the General category season 
commencement date (56 FR 20183, May 2, 1991). The fishermen contended 
that they were precluded from an opportunity to fish for and retain 
giant ABT because the season begins after giant ABT migrate from the 
area. These fishermen argued that their low level of catch would not 
result in early harvest of the General category quota, which had not 
been fully harvested for several years. NMFS responded that opening the 
ABT fishery to non-traditional areas would be contrary to sound 
conservation and management, unless the action were counter-weighted by 
an equivalent reduction in another sector (e.g., allowing the harvest 
of giant ABT instead of small ABT) (57 FR 371, January 6, 1992).
    Since that time, fishing conditions have changed markedly and the 
General category quota has been fully utilized. In fact, the quota has 
become so restrictive relative to fishery participation that effort 
controls have been established. Also, in the last few years, winter 
catch rates off North Carolina have risen dramatically. While

[[Page 35109]]

increased Angling category participation in the winter fishery has 
provided additional collection of scientific information, NMFS 
continues to be concerned that high catch rates in the General category 
would cause a significant shift in the fishery to a non-traditional 
area.
    Comment: Several Harpoon category members requested a proportional 
share of the proposed allocation of quota from the Reserve. These 
commenters disagree that harpoon catch data have not been incorporated 
into any useful index of abundance and add that harpooners have 
contributed to the NMFS tagging program since 1977.
    Response: NMFS agrees that data collected from the Harpoon category 
participants are useful, e.g., bluefin biological sampling and tagging. 
However, because catch rates are strongly influenced by weather and sea 
conditions, and because many harpooners use spotter aircraft to assist 
in the location of fish, it is difficult to standardize CPUE from the 
harpoon fishery. Although Harpoon fishery data could potentially be 
incorporated into an index of abundance, given the difficulties in 
standardization of effort, such an index would be less reliable than 
the existing rod and reel based index which covers a larger number of 
years, fishing areas, and size classes.
    Comment: Some comments were received requesting additional 
Incidental category quota in order to minimize dead discards, as 
recommended by ICCAT. One commercial organization suggested allocating 
a portion of the Reserve to the Incidental category to develop a 
biological database that will provide useful information. Others 
opposed any increase, stating that additional Incidental quota 
encourages a directed fishery for ABT rather than reducing discards.
    Response: The Incidental category has not filled its quota in the 
past several years; the constraint to date has been the target catch 
requirements rather than the actual quota. NMFS is analyzing logbook 
and observer data in order to consider possible regulatory amendments, 
if found to be consistent with ICCAT recommendations, to modify target 
catch requirements for landing ABT by longline, or to make other 
adjustments in order to minimize dead discards.

Classification

    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 to implement the ICCAT recommendation and 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 fishing category allocations, as established by this final rule, 
are measures that will not have a significant economic impact on a 
substantial number of businesses. Therefore, no Regulatory Flexibility 
Analysis was prepared.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS has determined that there is good cause to waive the 30-day 
delay in the effective date normally required by 5 U.S.C. 553(d). This 
rule imposes no requirements with which a fisherman would have to come 
into compliance. It merely establishes quotas for the fishing season. 
As such, it is unnecessary to delay the effective date of the quotas. 
NMFS will rapidly communicate these rule changes to fishing interests 
through the FAX network and NOAA weather radio.

List of Subjects in 50 CFR Part 285

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

    Dated: June 24, 1997.
C. Karnella,
Acting 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. 285.22, paragraphs (a)(1), (c), (d), and the heading and 
first sentence of paragraph (f) are revised to read as follows:


Sec. 285.22  Quotas.

* * * * *
    (a) General. (1) The total annual amount of large medium and giant 
Atlantic bluefin tuna that may be caught, retained, possessed or landed 
in the regulatory area by vessels permitted in the General category 
under Sec. 285.21(b) is 541 mt.
* * * * *
    (c) Purse Seine. The total amount of large medium and giant 
Atlantic bluefin tuna that may be caught, retained, possessed, or 
landed in the regulatory area by vessels permitted in the Purse Seine 
category under Sec. 285.21(b) is 250 mt.
    (d) Angling. The total annual amount of Atlantic bluefin tuna that 
may be caught, retained, possessed, or landed in the regulatory area by 
anglers is 265 mt. No more than 6 mt of this quota may be large medium 
or giant bluefin tuna quota and no more than 108 mt of this quota may 
be school Atlantic bluefin tuna. The size class subquotas for Atlantic 
bluefin tuna are further subdivided as follows:
    (1) 51 mt of school, 71 mt of large school or small medium, and 4 
mt of large medium or giant Atlantic bluefin tuna may be caught, 
retained, possessed, or landed south of 38 deg.47' N. lat.
    (2) 57 mt of school, 80 mt of large school or small medium, and 2 
mt of large medium or giant Atlantic bluefin tuna may be caught, 
retained, possessed, or landed north of 38 deg.47' N. lat.
* * * * *
    (f) Reserve. The total amount of Atlantic bluefin tuna that will be 
held in reserve for inseason adjustments and fishery independent 
research is 33 mt. * * *
* * * * *
[FR Doc. 97-16964 Filed 6-25-97; 9:18 am]
BILLING CODE 3510-22-F