[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Proposed Rules]
[Pages 16220-16223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8596]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 980320071-8071-01; I.D. 012198C]
RIN 0648-AK87
Atlantic Tuna Fisheries; Atlantic Bluefin Tuna Annual Quota
Specifications and Effort Controls
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specifications; request for comments.
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SUMMARY: NMFS proposes specifications for the Atlantic tuna fisheries
to: Set annual Atlantic bluefin tuna (ABT) fishing category quotas and
General category effort controls. The proposed specifications 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.
NMFS will hold public hearings to receive comments from fishery
participants and other members of the public regarding these proposed
specifications.
DATES: Comments are invited and must be received on or before May 4,
1998.
ADDRESSES: Comments on the proposed specifications 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.
FOR FURTHER INFORMATION CONTACT: Mark Murray-Brown at 978-281-9260;
Sarah McLaughlin at 301-713-2347.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under the authority of 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).
ICCAT has identified the western stock of ABT as overexploited and
recommends fishing quotas for contracting parties. Based on the 1996
revised stock assessment, parties at the 1996 meeting of ICCAT adopted
a recommendation to increase the annual scientific monitoring quota of
ABT in the western Atlantic Ocean from 2,200 metric tons (mt) to 2,354
mt. The share allocated to the United States was increased from 1306 mt
to 1,344 mt to apply each year for the 1997 and 1998 fishing years.
NMFS amended the Atlantic tuna fisheries regulations in 1997 to
implement that ICCAT recommendation as required by ATCA.
These proposed specifications would implement the ICCAT quota
recommendation and allocate the total among the several established
fishing categories. NMFS proposes no changes to the baseline quotas
established for 1997. However, the ICCAT recommendation allows, and
U.S. regulations require, the addition of any
[[Page 16221]]
underharvest in 1997 to that same category for 1998. Therefore, NMFS
proposes to adjust the annual quota specifications for the ABT fishery
to account for underharvest in 1997. NMFS would maintain the proposed
annual quota specifications (i.e., the baseline 1997-1998 category
allocations) until further changes are deemed necessary, in order to
achieve domestic management objectives, or in implementing ICCAT
quotas.
NMFS also proposes to maintain the General category quota
subdivisions and restricted-fishing day pattern established in 1997.
Given the carryover quota for the General category, adjustments are
necessary to allocate the carryover across the established subperiods.
Additionally, calendar adjustments are necessary to match restricted-
fishing days with the pattern established in 1997.
Background
The 1992 ABT allocations were established based on historical share
of the U.S. catch for the preceding 10 years (57 FR 2905, July 24,
1992). In 1995, 51 mt were transferred out of the Purse Seine category
quota to account for increased participation in the handgear fisheries
and to provide further data collection opportunities for scientific
monitoring (60 FR 38505, July 27, 1995). In 1997, public comments on
the proposed quota allocations indicated support for increased
allocation to the Angling and General categories based on increased
participation rates and the usefulness of scientific data obtained.
NMFS agreed that 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. For this reason, NMFS
reallocated the 145 mt that had been in the 1995 Reserve to the Angling
and General categories (62 FR 35107, June 30, 1997). A total of 33 mt
was maintained in the Reserve to allow NMFS to transfer tonnage to keep
fisheries open for the longest period possible without exceeding the
quota set by ICCAT.
In making the 1997 quota allocations, NMFS attempted to balance the
needs for scientific monitoring with enhanced fishing opportunities for
traditional user groups. However, many fishery participants have
continued to express concerns that the allocations and/or tuna
regulations have increased fishing mortality, excluded traditional user
groups from recent ICCAT quota increases, or contributed to increased
regulatory discards. NMFS continues to research alternative management
measures to address these concerns and anticipates further public input
during the course of developing the Highly Migratory Species Fishery
Management Plan utilizing the input of the HMS Advisory Panel.
While FMP development continues, NMFS must take action for the
current year. The 1998 fishery is underway and advance notice of quota
allocations and effort controls is important to fishery participants
for planning purposes. With no new ICCAT recommendation on western ABT
quotas at the 1997 meeting, extensive public comment during rulemaking
in 1997, and no new, specific information arising that would cause NMFS
to alter current allocations and General category effort controls, NMFS
proposes to maintain the status quo for quota specifications and effort
controls as established in 1997.
HMS Advisory Panel
In accordance with the Magnuson-Stevens Fishery Conservation and
Management Act, NMFS created the Highly Migratory Species Advisory
Panel (HMS AP), required by law to be of balanced representation, to
assist in the development of an HMS FMP to implement measures designed
to rebuild stocks of all Atlantic HMS. NMFS held 21 public scoping
meetings throughout the Atlantic, Gulf of Mexico, and Caribbean regions
to solicit public input on these fisheries, particularly on existing
management measures and on what the U.S. long-term strategy should be
both nationally and internationally in managing these species. At its
second meeting on January 11 and 12, 1998, the HMS AP considered the
scoping comments, and long-term allocation and effort control issues
for ABT, including: Quota reallocation, reduced catch of small fish,
limited access, additional set-asides for the General category for
Connecticut/Rhode Island/New York and for North Carolina, realignment
of Angling category areas, the use of spotter aircraft, North Carolina
fishery quotas, and readjusting boundaries for geographic subquotas.
These issues are important for consideration in FMP development;
however, because the required analyses are still under development,
NMFS is not proposing any modifications based on these issues. The HMS
AP and NMFS will continue deliberations on these issues in the context
of addressing overfishing and developing the FMP. NMFS encourages
further public comment on issues to be considered by the HMS AP for the
HMS FMP and to implement future ICCAT recommendations.
While there was no clear consensus on allocation and effort
controls during the scoping process and AP meeting, there was some
support for the status quo. Even with the proposed continuation of the
1997 management program, some of the concerns raised at the scoping and
AP meetings could still be addressed through inseason actions: Catch
limit adjustments, transfer from the Reserve or between categories, and
interim closures of the Angling category.
Proposed Fishing Category Quotas
On June 30, 1997 (62 FR 35107), NMFS issued the regulations that
implemented the ICCAT recommendation for 1997 and 1998. ICCAT's
recommendations for the 1997-98 quota shares included the
recommendation that any unused quota or overage in 1997 may be added or
subtracted, as appropriate, from the 1998 quota. Fishing category
quotas for ABT are established at 50 CFR 285.22. Under Sec. 285.22(h),
the AA is authorized to adjust annual categories or subcategories based
on landing statistics and other available information and subtract
overharvest from or add underharvest to that category for the following
year, provided that the total of the adjusted quotas and the reserve is
consistent with ICCAT recommendations.
At the end of 1997, the following subquotas had not been harvested:
19 mt in the Reserve, 4 mt in the Incidental category, 24 mt in the
General category, and 12 mt in the Angling category. NMFS proposes that
no changes be made to the baseline quotas established for 1997, and
that underharvest from 1997 be added to the respective quota
categories. Therefore, the proposed specifications would set the
Reserve at 52 mt, would maintain the Purse Seine category quota at 250
mt, would increase the Incidental category quota to 114 mt, would
increase the General category quota to 657 mt, would maintain the
Harpoon category quota at 53 mt, and would increase the Angling
category quota to 277 mt.
NMFS proposes to subdivide the Angling category quota of 277 mt as
follows: School bluefin--108 mt (consistent with the ICCAT limitation
on annual catch of school bluefin to 8 percent by weight of the total
annual domestic quota, i.e., 1,344 mt), with 57 mt to the northern area
(New Jersey and north) and 51 mt to the southern area (Delaware and
south); large school/small medium bluefin--161 mt, with 85 mt to the
northern area and 76 mt to the southern area; large medium/giant
bluefin--8 mt, with 3 mt to the northern area and 5 mt to the southern
area.
[[Page 16222]]
Incidental Category
NMFS proposes that the adjusted Incidental category quota of 114 mt
be subdivided as follows: 89 mt to longline vessels operating south of
34 deg. N. lat.; 24 mt to longline vessels operating north of 34 deg.
N. lat.; and 1 mt to fishermen using other gear authorized for
incidental take.
Proposed General Category Quota Subdivision
In the last three years, NMFS has implemented General category 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.
As in 1997, NMFS proposes three General category subquotas, based
upon historical catch patterns (1983-96), 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
adjusted coastwide General category of 647 mt, with the remaining 10 mt
being reserved for the New York Bight fishery in October. Thus, of the
647 mt, 388 mt would be available in the period beginning June 1 and
ending August 31, 194 mt would be available in the period beginning
September 1 and ending September 30, and 65 mt would be available in
the period beginning October 1 and ending December 31.
When the October through December General category catch is
projected to have reached 65 mt, NMFS would set aside the remaining 10
mt of the General category quota 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 would be prohibited in all waters
outside the set-aside area. The New York Bight set-aside area was
redefined in 1997 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, and north of 38 deg.47' N. lat.
Attainment of the 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. Announcements of inseason closures would be filed with the
Office of the Federal Register, stating the effective date of closure,
and further communicated through the Highly Migratory Species (HMS) Fax
Network, the Atlantic Tunas Information Line, NOAA weather radio, and
Coast Guard Notice to Mariners. Although notification of closure would
be provided as far in advance as possible, fishermen are encouraged to
call the Atlantic Tunas Information Line to check the status of the
fishery before leaving for a fishing trip. The phone numbers for the
Atlantic Tunas Information Line are (301) 713-1279 and (978) 281-9305.
Information regarding the Atlantic tuna fisheries is also available
through NextLink Interactive, Inc., at (888) USA-TUNA.
Proposed Restricted-Fishing Days
In 1997, NMFS implemented restricted-fishing days for July and
August based on proposals received from three associations representing
General category fishermen and dealers and, after receiving numerous
comments on the need to lengthen the General category fishery,
implemented additional restricted-fishing days for September. NMFS
proposes a schedule of restricted-fishing days similar to that of 1997,
making the necessary calendar adjustments to coordinate with Japanese
market holidays. Persons aboard vessels permitted in the General
category would be prohibited from fishing (including tag and release
fishing) for ABT of all sizes on the following days: July 15, 16, 22,
and 29; August 2, 5, 9, 11, 12, 13, 16, 19, 23, 26, and 30; and
September 2, 6, 9, 13, 16, 19, 20, 23, 27, and 30. These proposed
restricted-fishing days would improve distribution of fishing
opportunities without increasing ABT mortality.
A Reminder of Recent Changes for the General and Charter/Headboat
Permit Categories
NMFS published by final rule on June 5, 1997 (62 FR 30741) a
measure that was effective January 1, 1998, prohibiting persons aboard
vessels permitted in the General category from retaining ABT less than
the large medium size class. This action effectively separated the
commercial and recreational fisheries, with the exception of charter/
headboats.
In the same final rule, NMFS specified that 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 all
persons aboard the vessel, and the applicable catch limits, for that
day. On designated restricted-fishing days, persons aboard vessels
permitted in the Charter/Headboat category may fish for school, large
school, and small medium ABT only, provided the Angling category
remains open, and are subject to the Angling category catch limits in
effect.
Public Hearings
NMFS will hold public hearings to receive comments on these
proposed specifications. These hearings will be scheduled at a later
date and before the end of the comment period. Advanced notice of these
hearings will be published in the Federal Register and will be
announced via the HMS Fax Network.
Classification
These proposed specifications are published under the authority of
the ATCA, 16 U.S.C. 971 et seq. Preliminarily, the AA has determined
that these specifications are necessary to implement the
recommendations of ICCAT and are necessary for management of the
Atlantic tuna fisheries.
NMFS prepared a draft EA for these proposed specifications 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 specifications,
if implemented, would not have a significant economic impact on a
substantial number of small entities as follows:
The proposed specifications would set quota specifications and
General category effort controls for the Atlantic bluefin tuna
fishery in accordance with the recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT) and
domestic fishery management objectives. Because quota allocations
would remain the same or increase, and 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 many small
businesses as market prices received by U.S. fishermen may improve.
[[Page 16223]]
Because of this certification, an Initial Regulatory Flexibility
Analysis was not prepared.
These proposed specifications have 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 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. The biological opinion was amended August 29, 1997 by the
identification of a reasonable and prudent alternative regarding the
driftnet component of the swordfish and tuna fisheries, and therefore
is not relevant to the Atlantic bluefin tuna fishery. NMFS has
determined that proceeding with these proposed specifications 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. These proposed
specifications would implement effort controls (time period quotas and
restricted-fishing days) and implement a domestic quota equal to that
of 1997, with minor quota adjustments to individual category quotas to
account for underharvest in 1997, and therefore would not likely
increase fishing effort nor shift activities to new fishing areas.
Therefore, the proposed specifications are not expected to increase
endangered species or marine mammal interaction rates.
Dated: March 27, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-8596 Filed 4-1-98; 8:45 am]
BILLING CODE 3510-22-F