[Federal Register Volume 62, Number 128 (Thursday, July 3, 1997)]
[Proposed Rules]
[Pages 36040-36042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17534]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 970626157-7157-01; I.D. 041697C]
RIN 0648-AJ65


Atlantic Tuna Fisheries; Atlantic Bluefin Tuna Effort Controls

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

ACTION: Proposed rule; public hearings; request for comments.

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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic 
tuna fisheries to set Atlantic bluefin tuna (ABT) General category 
effort controls for the 1997 fishing year. The proposed regulatory 
amendments are necessary to achieve domestic management objectives. 
NMFS will hold public hearings to receive comments from fishery 
participants and other members of the public regarding these proposed 
amendments.

DATES: Comments are invited and must be received on or before July 17, 
1997. The hearings are scheduled as follows:
    1. Tuesday, July 8, 1997, 7 to 10 p.m., Plymouth, MA.
    2. Wednesday, July 9, 1997, 7 to 10 p.m., Brunswick, ME.
    3. Wednesday, July 9, 1997, 7 to 9 p.m., Silver Spring, MD.

ADDRESSES: Comments on the proposed rule should be sent to, and copies 
of supporting documents, including a Draft 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.
    The hearing locations are:
    1. Plymouth--Plymouth North High School, Obery Street, Plymouth, MA 
02360.
    2. Brunswick--Atrium Inn and Conference Center, Cooks Corner, 
Brunswick, ME 04011.
    3. Silver Spring--Holiday Inn, 8777 Georgia Avenue, Silver Spring, 
MD 20910.
    These public hearings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Rebecca Lent by July 3, 1997.

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 Atlantic Tunas Convention Act (ATCA). ATCA 
authorizes the Secretary of Commerce (Secretary) to issue regulations 
as may be necessary to carry out the recommendations of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT). The authority to carry out ICCAT recommendations has been 
delegated from the Secretary to the Assistant Administrator for 
Fisheries, NOAA (AA).

Relation to Advance Notice of Proposed Rulemaking (ANPR)

    These proposed amendments address in part comments submitted to 
NMFS in response to an ANPR (61 FR 48876, September 17, 1996). In the 
ANPR, NMFS requested comment on measures necessary to implement quota 
modifications and/or any other management recommendations for Atlantic 
tunas following the 1996 meeting of ICCAT. As stated in the ANPR, NMFS 
is required under ATCA to establish ABT quotas consistent with the 
recommendations of ICCAT. Under this legislative requirement, 
allocation of the U.S. ABT quota has been designed to collect the 
scientific information necessary to monitor the status of the ABT 
resource and, consistent with this, to achieve an equitable 
distribution of fishing opportunities to all fishing categories and all 
geographic areas.
    The ANPR established a 30-day comment period during which NMFS 
received numerous comments on General category effort controls.
    In the 1995 and 1996 General category fishery, NMFS implemented 
time-period subquotas and restricted fishing days to increase the 
likelihood that fishing would continue throughout the summer and fall 
for scientific monitoring purposes. These subquotas also were designed 
to address concerns regarding allocation of fishing opportunities, to 
allow for a late season fishery, and to improve market conditions. Due 
to delayed effectiveness, monthly quotas were not fully implemented in 
1995. In order to evaluate fully the potential of an effort control 
system using monthly quotas and restricted fishing days, the program 
was reinitiated for the entire 1996 General category season. Results 
were mixed; quota was available for the General category to remain open 
later in the season, but only for a few days, and under ``derby'' 
fishing conditions (high

[[Page 36041]]

effort and landings concentrated in a short time period).
    Based on the experience of the 1995 and 1996 seasons, NMFS has 
received several suggestions regarding the 1997 ABT General category 
season. Some constituents have requested a split season, with a certain 
percentage of the quota reserved for after September 1. Other 
constituents have argued against a split season, stating that the 
fishery should open June 1, and continue to be open each day until the 
entire General category quota is harvested. NMFS has also received many 
suggestions regarding the use of restricted fishing days. The 
suggestions have ranged from eliminating restricted fishing days 
entirely, to having every other day a restricted fishing day. Some have 
also expressed the opinion that if there are to be restricted fishing 
days, they should conform to market closures in Japan (the major export 
market).

Proposed Quota Subdivision

    NMFS is concerned that maintaining the General category season 
beyond mid-July with no effort control measures in place would increase 
the likelihood of a premature closure in the second half of the season. 
Given the potential for an increased pace of landings in August, this 
could possibly result in severely curtailed fishing in September, with 
adverse consequences for scientific monitoring, the geographical 
distribution of the quota, and prices.
    Therefore, NMFS proposes to adjust the time period subquotas of the 
General category quota in 1997. Based upon historical catch patterns 
(1983-96), the General category quota is proposed to be split into 
three subquotas and distributed as follows: 60 percent for June-August, 
30 percent for September, and 10 percent for October-December. These 
percentages would be applied only to the coastwide General category 
quota of 623 metric tons, with the remaining 10 mt being reserved for 
the New York Bight fishery in October. Thus, of the 623 mt total, 374 
mt would be available in the period beginning June 1 and ending August 
31 (first period), 187 mt would be available in the period beginning 
September 1 and ending September 30 (second period), and 72 mt 
(including the 10 mt for the New York Bight fishery) would be available 
in the period beginning October 1 and ending December 31 (third 
period). When the third period General category catch is projected to 
have reached 62 mt, NMFS will set aside the remaining 10 mt for the New 
York Bight only. Upon the effective date of the New York Bight set-
aside, fishing for, retaining, or landing large medium or giant ABT is 
prohibited in all waters outside the set-aside area.
    Attainment of subquota in any fishing period would result in a 
closure until the beginning of the following fishing period, whereupon 
any underharvest or overharvest would be carried over to the following 
period, with the subquota for the following period adjusted 
accordingly. Inseason closures would be filed with the Office of the 
Federal Register, stating the effective date of closure, and announced 
through the Highly Migratory Species (HMS) Fax Network, the HMS 
Information Line, NOAA weather radio, and Coast Guard Notice to 
Mariners. Although notice of closure will be provided as far in advance 
as possible, fishermen are encouraged to call the HMS Information Line 
to check the status of the fishery before leaving for a fishing trip. 
The phone numbers for the HMS Information Line are (301) 713-1279 and 
(508) 281-9305. Information regarding the Atlantic tuna fisheries is 
also available through Nextlink Interactive, Inc. at (888) USA-TUNA.
    The New York Bight area has most recently been defined as the area 
comprising the waters south and west of a straight line originating at 
a point on the southern shore of Long Island at 72 deg.27' W. long. 
(Shinnecock Inlet) and running SSE 150 deg. true. In recent years NMFS 
has received comments on the definition of the New York Bight area and 
on the need for a southern boundary to the New York Bight area in order 
to limit end-of-the-season General category fishing activity to the Mud 
Hole region. In 1995, NMFS addressed concerns about participation in 
the Mud Hole fishery by Montauk vessels and defined the set-aside area 
to originate at Shinnecock Inlet, as opposed to Moriches Inlet in prior 
years. NMFS requests comment on the definition of the New York Bight 
area, the need for a southern boundary, and the specific placement of 
the boundary line should it be established.

Proposed Effort Controls

    NMFS also proposes to change the restricted fishing days for 
vessels permitted in the General category. In 1996, the restricted 
fishing days followed the pattern of Sunday, Monday, and Tuesday (with 
some exceptions for market closures and holidays) from mid-July to mid-
September. Consecutive restricted fishing days in 1995 and 1996 did not 
appear to lengthen the fishing season significantly. Additionally, 
while there may be market advantages to a system in which every other 
day is a restricted fishing day, such a schedule could result in 
enforcement problems, as well as possible difficulties for fishermen 
who would be forced to return to port each day. Therefore, after 
evaluating proposals received from associations representing General 
category fishermen and dealers for mutually agreeable restricted 
fishing days, NMFS proposes the following restricted fishing days for 
the 1997 season: July 16, 17, 23, and 30; and August 6, 10, 11, 12, 17, 
20, 24, and 27. These proposed restricted fishing days would improve 
distribution of fishing opportunities without increasing ABT mortality.
    In a separate action, NMFS has prohibited fishing (including tag 
and release fishing) for ABT of all sizes by persons aboard vessels 
permitted in the General category on designated ABT restricted fishing 
days (62 FR 30741, June 5, 1997). Persons aboard vessels permitted in 
the Charter/Headboat category may fish for only school, large school, 
and small medium ABT on designated restricted fishing days.

Classification

    This proposed rule is published under the authority of ATCA, 16 
U.S.C. 971 et seq. Preliminarily, the AA has determined that the 
regulations contained in this proposed rule are necessary for 
management of the Atlantic tuna fisheries.
    NMFS prepared a draft EA for this proposed rule with a preliminary 
finding of no significant impact on the human environment. In addition, 
a draft RIR was prepared with a preliminary finding of no significant 
impact. The Assistant General Counsel for Legislation and Regulation of 
the Department of Commerce has 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. Because many of the designated 
restricted fishing days have been scheduled to correspond directly to 
Japanese market closures, the likelihood of extending the fishing 
season is increased and additional revenues may accrue to small 
businesses as market prices received by U.S. fishermen are improved. 
Thus, an Initial Regulatory Flexibility Analysis was not prepared.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS reinitiated consultation on the Atlantic tuna fishery under 
section 7 of the Endangered Species Act on September 25, 1996. This 
consultation considered new information concerning the status of the 
northern right whale. On May 29, 1997, NMFS issued a

[[Page 36042]]

biological opinion, which concluded that: Continued operation of the 
longline and purse seine component may adversely affect but is not 
likely to jeopardize the continued existence of any endangered or 
threatened species under NMFS jurisdiction, and continued operation of 
the hand gear fisheries is not likely to adversely affect the continued 
existence of any endangered or threatened species under NMFS 
jurisdiction. NMFS has determined that proceeding with this proposed 
rule would not result in any irreversible and irretrievable commitment 
of resources that would have the effect of foreclosing the formulation 
or implementation of any reasonable and prudent alternative measures to 
reduce adverse impacts on protected resources. This proposed rule 
implements restricted fishing days and therefore would not likely 
increase fishing effort nor shift activities to new fishing areas. 
Therefore, the proposed rule is not expected to increase endangered 
species or marine mammal interaction rates.

    Dated: June 30, 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 
proposed to be 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, paragraph (a)(1) is 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 633, of which 374 mt are available in the 
period beginning June 1 and ending August 31; 187 mt are available in 
the period beginning September 1 and ending September 30; and 72 mt are 
available in the period beginning October 1.
* * * * *
    3. In Sec. 285.24, paragraph (a)(1) 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. For 
calendar year 1997, designated restricted fishing days are: July 16, 
17, 23, and 30; and August 6, 10, 11, 12, 17, 20, 24, and 27.
* * * * *
[FR Doc. 97-17534 Filed 6-30-97; 4:55 pm]
BILLING CODE 3510-22-F