[Federal Register Volume 63, Number 4 (Wednesday, January 7, 1998)]
[Rules and Regulations]
[Pages 667-669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34242]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 285

[Docket No. 971231320-7320-01; I.D. 121697B]
RIN 0648-AK63


Atlantic Tuna Fisheries; Archival Tag Recovery

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

ACTION: Interim final rule; request for comments

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SUMMARY: NMFS issues this interim final rule to allow the retention, 
possession, and landing of Atlantic bluefin tunas (ABTs) in which an 
archival tag has been implanted. Data recovery from archival tags 
requires that fish be harvested and the tag removed. In the event a 
fish with an archival tag is captured, applicable regulations could 
require its immediate release under certain conditions, such as the 
closure of the ABT season for a permit category. In order to provide 
for maximum likelihood of data recovery, NMFS exempts the harvest of 
fish with archival tags from applicable release requirements provided 
NMFS is notified prior to, or at the time of, landing and, as 
instructed, the tag is removed and returned to NMFS or the fish is made 
available so that it may be inspected and the tag recovered.

DATES: The interim final rule is effective December 31, 1997. Comments 
must be received on or before January 30, 1998.

ADDRESSES: Comments on the interim final rule should be sent to 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

[[Page 668]]

the burden-hour estimates or other aspects of the collection-of-
information requirements contained in this interim final rule should be 
sent to Rebecca Lent 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: Chris Rogers, 301-713-2347; Buck 
Sutter, 813-570-5447; or Mark Murray-Brown, 978-281-9260.

SUPPLEMENTARY INFORMATION: Under the Atlantic Tunas Convention Act of 
1975 (ATCA) (16 U.S.C. 971 et seq.), the Secretary of Commerce 
(Secretary) is authorized to promulgate regulations to implement 
recommendations adopted by the International Commission for the 
Conservation of Atlantic Tunas (ICCAT). The authority to issue such 
regulations has been delegated from the Secretary to the Assistant 
Administrator for Fisheries (AA), NOAA. Section 971d(c)(3) of title 16, 
United States Code, provides the statutory authority to require the 
collection of information necessary to implement the recommendations of 
ICCAT.
    As a member nation of ICCAT, the United States is required to take 
part in the collection of biological statistics for research purposes. 
In addition to this requirement, the United States, as a member nation 
fishing for ABT in the Atlantic Ocean, must abide by the specific quota 
assigned to it by ICCAT. Through quota management, ICCAT is furthering 
its goal of recovering the ABT stock to maximum sustainable yield 
level.
    The National Research Council (National Academy of Sciences) 
recommended to NMFS that migratory patterns of bluefin tuna be further 
investigated and that ``a tagging program be undertaken, with an 
appropriate combination of conventional, [passive integrated 
transponder], acoustic, and archival tags * * *.'' In response, NMFS 
has worked with fishermen and researchers in a cooperative effort to 
implant archival tags in ABT. Archival tags are miniature data loggers 
that offer a powerful tool for discerning the movements, geoposition 
and behavior of individual highly migratory species (HMS). The recovery 
of only a few tags would greatly increase knowledge of migratory 
patterns and spawning site fidelity and provide data that are vital to 
the international management of ABT.
    Through cooperative research programs, about 170 archival tags were 
implanted in ABT during 1996 and 1997. Additional tags will be 
implanted in 1998. ABTs equipped with archival tags can be identified 
not only by a light sensor extending outside the body cavity (in the 
area of the stomach) but also by uniquely colored fluorescent green 
conventional streamer tags placed externally on each side of the 
shoulder. It is estimated that about 6 to 10 ABT with archival tags 
will be recovered annually. It is imperative that each tag be returned 
to NMFS to ensure that the most comprehensive data are collected to 
establish migratory patterns of HMS. Based on information obtained from 
conventional tag recoveries, the greatest likelihood for recovery of 
those archival tags already deployed will occur in the 1998 winter 
fishery off North Carolina.
    Data recovery from archival tags requires that fish be harvested. 
In the event a fish with an archival tag is captured, current 
regulations could require its immediate release under certain 
conditions, such as the closure of the ABT season for a permit 
category. In order to provide for maximum likelihood of data recovery, 
NMFS, by this interim final rule, exempts the harvest of fish with 
archival tags from any applicable release requirement provided NMFS 
enforcement is notified prior to, or at the time of, landing and, as 
instructed, the tag is removed and returned to NMFS or the fish is made 
available so that a NMFS scientist or enforcement agent may inspect the 
fish and recover the archival tag. Although this provision was not part 
of any proposed rule, the concept and proposed text were presented at 
public hearings on consolidation of HMS regulations (61 FR 57361, 
November 6, 1996) and at other public meetings. All comments received 
were supportive of archival tag research and commenters recognized the 
need for recovery. Additionally, this rule would relieve restrictions 
in the case of archivally tagged fish. For these reasons, NMFS issues 
this interim final rule with further opportunity for public comment.
    Recognizing that archival tag implantation poses a mortality risk 
to fish, NMFS also requests specific comment on the need for persons 
conducting archival tag research to register and report on activities. 
Under such a requirement, any person affixing or implanting an archival 
tag into a regulated species would provide written notification to the 
Director of the proposed activity in advance of commencing the activity 
and, upon completion of the activity, would provide a written report to 
the Director indicating the type and number of tags, the species and 
approximate size of fish, and the location and method of capture of the 
fish. Such a requirement would assist NMFS in evaluating the 
effectiveness of archival tag research, help researchers coordinate 
activities, and provide a source for researchers to access release and 
recovery information.

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.
    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 OMB control number.
    This final rule implements a new collection-of-information 
requirement subject to OMB review under the PRA. Reporting requirements 
for Archival tag recoveries require that the harvester notify NMFS upon 
landing the fish, prepare or process the fish as instructed, and 
provide information about the time and place of capture. Public 
reporting burden for this collection of information is estimated to 
average 30 minutes per response. This reporting requirement has been 
approved by OMB under control number 0648-0338.
    NMFS has determined that, under 5 U.S.C. 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 presented the concept and proposed regulatory text for 
this exemption while conducting public hearings on a proposed rule on 
consolidation of highly migratory species regulations. NMFS had 
intended to incorporate the archival tag exemption into the final 
consolidation rule. However, while that process remains ongoing, NMFS 
has received information that the greatest likelihood of recovery will 
be in the North Carolina winter ABT fishery starting on January 1, 
1998. If fish are caught and must be released, live or dead, 
information will be irretrievably lost. As such, given 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

[[Page 669]]

an opportunity for additional comment is contrary to the public 
interest.
    To the extent that a fish that would otherwise have to be released 
may be retained under this rule, this rule relieves a restriction and 
under 5 U.S.C. 553(d)(1) is not subject to a delay in effective date. 
To the extent that this rule imposes certain reporting and other 
requirements associated with such retention, the AA, under 5 U.S.C. 
553(d)(3), has determined that there is good cause, as explained above, 
to waive the otherwise required 30-day delay in effective date. NMFS 
will rapidly communicate the new regulations to fishery participants 
through its FAX network, HMS Information Line, and NOAA weather radio.

List of Subjects in 50 CFR Part 285

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

    Dated: December 31, 1997.
Gary C. Matlock,
Acting 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 adding, 
in numerical order, the following entry 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 
located
* * * * *
50 CFR
* * * * *
285.9
Current OMB Control number (all numbers begin with 0648)
-0338
* * * * *

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, a definition for ``archival tag'' is inserted in 
alphabetical order to read as follows:


Sec. 285.2  Definitions.

* * * * *
    Archival tag means an electronic recording device that is implanted 
or affixed to a fish that is released alive back into the ocean to 
allow collection of scientific information about the migratory behavior 
of that fish.
* * * * *
    5. In Sec. 285.3, paragraph (a) is revised to read as follows:


Sec. 285.3  Prohibitions.

* * * * *
    (a) For any person or for any fishing vessel subject to the 
jurisdiction of the United States to engage in fishing or to land any 
Atlantic tuna in violation of these rules, except that fish implanted 
or affixed with archival tags may be possessed, retained and landed 
under the provisions of Sec. 285.9.
* * * * *
    6. Section 285.9 is added to read as follows:


Sec. 285.9  Archival tags.

    (a) Reserved.
    (b) Landing. Notwithstanding other provisions of this part, any 
person may catch, possess, retain, and land any regulated species in 
which an archival tag has been affixed or implanted, provided that 
person complies with all requirements of paragraph (c) of this section.
    (c) Landing report. The person possessing, retaining, or landing, 
under the authority of paragraph (b) of this section, a regulated 
species in which an archival tag has been affixed or implanted must 
contact the NMFS, Southeast Science Center (1-800-437-3936) or any NMFS 
enforcement office (a list of local NMFS enforcement offices can be 
obtained from the Director) prior to, or at the time of landing, 
furnish all requested information regarding the location and method of 
capture, and, as instructed, remove the tag and return it to NMFS or 
make the fish available so that a NMFS scientist, enforcement agent, or 
other person designated in writing by the Director may inspect the fish 
and recover the tag.
    (d) Quota monitoring. If a regulated species landed under the 
authority of paragraph (b) of this section is subject to a quota, the 
fish shall be counted against the applicable quota category consistent 
with the fishing gear and activity which resulted in the catch. In the 
event such fishing gear or activity is otherwise prohibited under 
applicable provisions of this part, the fish shall be counted against 
the scientific reserve quota established for that species.
    7. In Sec. 285.31, paragraph (a)(22) is revised to read as follows:


Sec.  285.31  Prohibitions.

    (a) * * *
    (22) Fail to report the catching of any Atlantic bluefin tuna to 
which a plastic tag has been affixed under a tag and release program 
conducted by NMFS or any other scientific organization or in which an 
archival tag has been affixed or implanted;
* * * * *
[FR Doc. 97-34242 Filed 12-31-97; 4:24 pm]
BILLING CODE 3510-22-F