[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Proposed Rules]
[Pages 9298-9303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4603]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 990217050-9050-01; I.D. 010799A]
RIN 0648-AM17


Atlantic Highly Migratory Species Fisheries; Fishery Management 
Plan; Atlantic Bluefin Tuna Fishery

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

ACTION: Notice of availability and proposed rule; supplemental.

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SUMMARY: NMFS by an earlier document proposed regulations to implement 
the draft Fishery Management Plan (FMP) for Atlantic Tunas, Swordfish, 
and Sharks (Highly Migratory Species or HMS). NMFS has prepared an 
addendum to the draft HMS FMP (the Addendum). This document announces 
the availability of the Addendum for public comment and supplements the 
earlier document by proposing supplemental regulations to implement the 
Addendum. The supplemental

[[Page 9299]]

proposed regulations would set Atlantic bluefin tuna (BFT) fishing 
category quotas for 1999 and subsequent years, close an area off the 
New England and mid-Atlantic coast to pelagic longline gear to reduce 
BFT incidental catch, provide quota adjustment procedures to limit 
catch of school BFT and to account for dead discards of BFT, and 
clarify the mandatory nature of certain scientific information 
collections. In addition, this document proposes BFT General category 
effort control specifications for the 1999 fishing season. The 
supplement to the earlier document is necessary to implement the 1998 
recommendations of the International Commission for the Conservation of 
Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention 
Act (ATCA), and to achieve domestic fishery management objectives under 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

DATES: Comments must be submitted on or before March 4, 1999.

ADDRESSES: For copies of the draft HMS FMP, the proposed regulations to 
implement the draft HMS FMP, the draft HMS FMP Addendum, or the 
schedule of public hearings, write 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, 
(301) 713-2347. Send comments regarding the burden-hour estimates or 
other aspects of the collection-of-information aspects of the 
supplemental proposed regulations to Rebecca Lent and to the Office of 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Pasquale Scida or Sarah McLaughlin, 
(978) 281-9260, or Chris Rogers at (301) 713-2347.

SUPPLEMENTARY INFORMATION: On October 26, 1998, NMFS announced the 
availability of the draft HMS FMP (63 FR 57093). Information regarding 
the management of HMS under the draft HMS FMP was provided in the 
preamble to the proposed regulations to implement that FMP (64 FR 3154, 
January 20, 1999) and is not repeated here.
    NMFS did not identify a preferred alternative for BFT stock 
rebuilding in the draft HMS FMP because new information on stock status 
and/or recovery trajectories from the September 1998 stock assessment 
by the Standing Committee on Research and Statistics (SCRS), as well as 
the results of negotiations at the November 1998 ICCAT meeting, was not 
available at the time, and, if it had been available, it could have 
resulted in the development of new rebuilding alternatives for the BFT 
stock. NMFS had indicated that the preferred alternative for western 
Atlantic BFT rebuilding would be identified following the November 1998 
ICCAT meeting, that the preferred alternative and associated analyses 
would be published as an Addendum to the draft HMS FMP, and that 
proposed measures to implement the preferred rebuilding alternative 
would be published in a supplement to the proposed rule.
    The Addendum contains only alternatives and updated information for 
BFT; it specifically covers BFT rebuilding, domestic allocations, quota 
adjustment procedures and measures to reduce dead discards of BFT. This 
supplement to the proposed regulations would implement the rebuilding 
and bycatch reduction measures of the FMP Addendum. Additionally, this 
rule proposes BFT General category effort controls for the 1999 fishing 
season and clarifies mandatory data collection requirements. Comments 
on this supplement to the proposed regulations will be received at 
hearings previously scheduled to receive public comment on the proposed 
regulations to implement the draft HMS FMP, announced in the Federal 
Register on January 22, 1999 (64 FR 3486).

Bluefin Tuna Rebuilding Program

    ICCAT has identified the western stock of BFT as overexploited and 
recommends fishing quotas for contracting parties. NMFS identified 
western BFT as overfished in the September 1997 Report to Congress 
required under the Magnuson-Stevens Act, which triggered the 
requirement to develop a rebuilding program. Based on the 1998 revised 
stock assessment, parties at the 1998 meeting of ICCAT adopted a 20-
year BFT rebuilding program, beginning in 1999 and continuing through 
2018. ICCAT has adopted an annual total allowable catch (TAC) of 2,500 
metric tons (mt) of BFT inclusive of dead discards, to apply annually 
until such time as the TAC is changed based on advice from SCRS. The 
annual landing quota allocated to the United States was increased by 43 
mt from 1,344 mt to 1,387 mt.

Reducing Dead Discards

    The ICCAT rebuilding program specifies that all contracting and 
non-contracting parties must monitor and report on all sources of BFT 
fishing mortality, including dead discards, and must minimize BFT dead 
discards to the extent practicable. The recommendation deducts 79 mt 
from the TAC as an allowance for dead discards; the U.S. portion of 
this allowance is 68 mt.
    The preamble to the proposed regulations to implement the draft HMS 
FMP describes ongoing and proposed efforts to minimize, to the extent 
practicable, bycatch and bycatch mortality of protected species and 
finfish in HMS fisheries. Specifically for BFT, NMFS has analyzed 
existing databases and examined several alternatives to reduce BFT dead 
discards. Preliminary results of these analyses have been shared with 
the public and at meetings of the HMS Advisory Panel throughout 1998. 
In general, the public has been supportive of NMFS' efforts to reduce 
BFT dead discards and has suggested various alternatives to effect 
reduction.
    One of the findings of the analyses is that there is no 
statistically significant relationship between the level of target 
catch and the level of BFT bycatch. Although there has been extensive 
public comment in support of changes to target catch requirements (thus 
increasing landings of incidental catch), NMFS has no basis to conclude 
that such changes would also result in reducing BFT dead discards. 
However, the analyses did show that the majority of the dead discards 
occur in a limited area over a relatively short time period and 
primarily from the use of pelagic longline gear.
    In order to provide the greatest reduction in discards while 
minimizing the negative impact to targeted fishing activities, NMFS 
proposes to implement the preferred alternative: the closure of a 
4 deg. x 4 deg. area (57,000 square nautical miles), from 
37o to 41o N. lat. and from 70o to 
74o W. long., for the month of June, to pelagic longline 
gear. Based on BFT catch and discard rates from 1992 to 1997, it is 
estimated that closure of this area (the Northeastern United States 
closed area) would reduce total discards (alive and dead) of BFT by 
approximately 60 percent.
    Although certain negative impacts would be expected, displacement 
of vessels to other areas during June may mitigate these impacts to 
some extent. Longline vessels operating outside the closed area would 
still be able to catch the annual swordfish quota and could use 
longline gear to target tunas other than BFT. Also, longline vessels 
would still be allowed to transit the closed area during June provided 
that their gear is stowed in accordance with the proposed regulations. 
A separate NMFS proposal for vessel monitoring systems, if implemented, 
would also enhance the

[[Page 9300]]

enforceability of the time-area closure while still allowing transit.
    Once implemented, NMFS would evaluate the efficacy of this closure 
in reducing BFT dead discards, given the distribution of BFT and 
expected redistribution of fishing effort. Further, NMFS would monitor 
impacts to the users of pelagic longline gear to determine what, if 
any, future action or modifications to the proposed time/area closure 
may be necessary. Such actions could be accomplished by regulatory 
amendment under the framework procedures of the HMS FMP.

Domestic Quota Allocation

    In the proposed regulations to implement the draft HMS FMP, NMFS 
proposed no changes to the baseline quotas previously established, 
except that the Purse Seine category quota be no greater than the 1998 
level set at 250 mt. Under this proposal, NMFS would maintain the 
baseline annual quota specifications (i.e., percentage allocations to 
each fishing category) until further changes are deemed necessary, 
either to achieve domestic management objectives or to implement new 
ICCAT rebuilding recommendations.
    Given the current ICCAT recommendation on rebuilding BFT, NMFS 
proposes to specify fishing category allocations consistent with the 
previously proposed allocation scheme and the 1387 mt U.S. allocation. 
In specifying the 1999 BFT allocations, however, NMFS must also 
consider carryover adjustments from the 1998 fishing year, new 
provisions for the discard allowance and limitations on school BFT 
catch, and additional adjustments to accommodate the establishment of 
the proposed new fishing year.
    The current ICCAT BFT quota recommendation allows, and U.S. 
regulations require, the addition or subtraction, as appropriate, of 
any underharvest or overharvest in a fishing year to the appropriate 
quota category for the following fishing year, provided that such 
carryover does not result in overharvest of the total annual quota and 
is consistent with all applicable ICCAT recommendations, including 
restrictions on catch of school BFT. Therefore, NMFS proposes to adjust 
the 1999 annual quota specifications for the BFT fishery to account for 
underharvest and overharvest in 1998. At the end of 1998, the following 
subquotas had not been harvested: 1 mt in the General category, 2 mt in 
the Purse Seine category, 67 mt in the Angling category, and 26 mt in 
the Incidental category; and additionally, 15 mt remained in the 
Reserve.
    In the proposed regulations to implement the draft HMS FMP, NMFS 
proposed an adjusted fishing year for Atlantic tunas of June 1 through 
May 31 of the subsequent calendar year. Therefore, a separate quota 
would be necessary for the bridge period of January 1-May 31, 1999. 
Additionally, NMFS proposed to reorganize the Incidental quota category 
into a Longline category and a Trap category (for pound nets and fish 
weirs). Through this supplement to the proposed rule, NMFS proposes to 
use the 1998 underharvest from the Angling and Incidental categories 
for the bridge period, a time period in which only the Angling, 
Longline, and Trap categories are open. Note that the reorganization of 
the Incidental category into the Longline and Trap categories will not 
take effect until the HMS FMP and implementing regulations are 
finalized. Any underharvest from the bridge period would be added to 
the annual quota for the adjusted 1999 fishing year, beginning June 1.
    NMFS proposes to subdivide the Angling category bridge period quota 
of 79 mt as follows: Large school/small medium bluefin--75 mt, with 16 
mt to the northern area and 59 mt to the southern area; and large 
medium/giant bluefin--4 mt, allocated entirely to the southern area 
given the likely distribution of large BFT during the proposed bridge 
period.
    NMFS proposes to subdivide the Longline category bridge period 
quota of 26 mt as follows: 1 mt to longline vessels operating north of 
34 deg. N. lat. and 25 mt to longline vessels operating south of 
34 deg. N. lat. Because the Incidental category subquota for gear other 
than longlines was fully harvested in 1998, no bridge period allocation 
would be made to the proposed Trap category.
    For fishing years beginning June 1, 1999, NMFS would make the 
annual quota of 1,387 mt available. The proposed specifications for 
1999 and beyond would set the General category quota at 653 mt, the 
Harpoon category quota at 54 mt, the Purse Seine category quota at 250 
mt, the Angling category quota at 273 mt, the Longline category quota 
at 113 mt, the Trap category at 1 mt, and the Reserve at 43 mt.
    In the proposed regulations to implement the draft HMS FMP, NMFS 
proposed geographic subdivision of the Angling and Longline category 
allocations as percentages of the respective category quotas based on 
historical catches reported for the respective fishing areas. 
Additionally, NMFS proposed to establish a separate reserve allocation 
for school BFT within the Angling category to ensure consistency with 
the ICCAT recommendation to limit the take of school BFT. Taking these 
proposals into account, the Angling category quota of 273 mt would be 
divided as follows: School bluefin--111 mt (8 percent of the annual 
1,387 mt), with 48 mt to the northern area (New Jersey and north), 42 
mt to the southern area (Delaware and south), and 21 mt held in 
reserve; large school/small medium bluefin--156 mt, with 83 mt to the 
northern area and 73 mt to the southern area; and large medium/giant 
bluefin--6 mt, with 2 mt to the northern area and 4 mt to the southern 
area. Likewise, the annual Longline category quota of 113 mt would be 
subdivided as follows: 24 mt to longline vessels operating north of 
34 deg. N. lat. and 89 mt to longline vessels operating south of 
34 deg. N. lat.
    Given the above baseline allocations and accounting for overharvest 
or underharvest in the General, Purse Seine, and Angling categories in 
1998, the adjusted quotas for the 1999 fishing year would be as 
follows: 654 mt for the General category; 252 mt for the Purse Seine 
category; and 99 mt for the Angling category school BFT subquota (with 
43 mt to the northern area, 38 mt to the southern area, and 18 mt held 
in reserve).

General Category Effort Controls

    In the last 4 years, NMFS has implemented General category time 
period subquotas and restricted fishing days (RFDs) to increase the 
likelihood that fishing would continue throughout the summer and fall 
for scientific monitoring purposes. The subquotas were also designed to 
address concerns regarding allocation of fishing opportunities, to 
allow for a late season fishery, and to improve market conditions.
    In the proposed regulations to implement the draft HMS FMP, NMFS 
proposed to maintain the General category quota subdivisions as 
established for 1998, as follows: 60 percent for June-August, 30 
percent for September, and 10 percent for October-December. Given the 
carryover quota for the General category, adjustments are necessary to 
allocate the carryover across the established subperiods.
    These percentages would be applied only to the new coastwide 
baseline quota for the General category of 643 mt, with the remaining 
10 mt being reserved for the New York Bight fishery. Thus, of the 643 
mt baseline General category quota, 386 mt would be available in the 
period beginning June 1 and ending

[[Page 9301]]

August 31, 193 mt would be available in the period beginning September 
1 and ending September 30, and 64 mt would be available in the period 
beginning October 1 and ending December 31. Given the carryover of 1 mt 
underharvest from 1998, the adjusted quota of 644 mt for the 1999 
fishing season would be divided as follows: 387 mt would be available 
in the period beginning June 1 and ending August 31, 193 mt would be 
available in the period beginning September 1 and ending September 30, 
and 64 mt would be available in the period beginning October 1 and 
ending December 31.
    As indicated in the proposed regulations to implement the draft HMS 
FMP, the remaining 10 mt of the annual General category quota would be 
set aside for the General category New York Bight fishery. However, the 
proposed regulatory text inadvertently omitted a change in the 
administration of the set-aside effected by a prior final rule (63 FR 
27862, May 21, 1998). That rule change provided NMFS greater 
flexibility to open the set-aside fishery in any quota period rather 
than to wait until the end of the General category fishing season. That 
inadvertent omission is corrected in this supplement to the proposed 
regulations.
    In the last 4 years, NMFS has also implemented RFDs in the General 
category. In 1997, NMFS amended the Atlantic tunas regulations to 
prohibit persons aboard General category vessels from fishing, 
including tag-and-release, for all sizes of BFT on designated RFDs. The 
proposed regulations to implement the draft HMS FMP states that NMFS 
will annually publish a schedule of RFDs in the Federal Register.
    For the 1999 fishing year, NMFS proposes a schedule of RFDs similar 
to that implemented for 1998, 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, for BFT of all sizes on the following days: 
July 7, 11, 14, 18, 21, 25, and 28; August 1, 4, 8, 10 11, 12, 15, 18, 
22, 25, and 29; September 1, 5, 8, 12, 15, 19, 22, 26, and 29; and 
October 1. These proposed RFDs would improve distribution of fishing 
opportunities without increasing BFT mortality.

Quota Adjustment Procedures

    Although the ICCAT rebuilding recommendation for BFT requires 
carryover of underharvest and overharvest, certain additional 
provisions regarding dead discards and harvest of school BFT apply. 
Specifically, if a contracting party's fishing activity results in an 
amount of dead discards in excess of the allowance, it must deduct the 
excess from the amount of BFT catch that can be retained. Conversely, 
if the actual amount of dead discards is less than the allowance, one-
half of the difference may be added to the allocation of BFT catch that 
can be retained. NMFS proposes to amend the annual quota adjustment 
procedures to incorporate the provisions of the dead discard allowance.
    The ICCAT rebuilding recommendation also requires that catch of 
school BFT (less than 30 kg or 115 cm straight fork length) be limited 
to no more than 8 percent by weight of the total domestic quota over 
each 4-consecutive-year period. NMFS proposes to implement this 
provision through the establishment of the school BFT reserve specified 
here and through annual adjustments to the school BFT landings and 
reserve categories as necessary to meet the ICCAT requirement. Given 
the 4-year accounting period, NMFS proposes that adjustments for 
estimated overharvest or underharvest of school BFT not be restricted 
to automatic carryover between fishing years. Instead, flexible 
adjustments would be made to enhance fishing opportunities and the 
collection of information on a broad range of BFT size classes, 
provided that the 8 percent landings limit is met over the applicable 
4-year period.

Scientific Data Collections

    ATCA and the Magnuson-Stevens Act authorize NMFS to require 
permitting and reporting for commercial and recreational HMS fisheries. 
The HMS FMP addresses the need for accurate and timely information for 
the purposes of quota monitoring and stock assessment, as well as the 
need for required studies on fishing communities and economic impacts 
of regulations. To meet the needs of the HMS FMP, NMFS has implemented 
logbooks, surveys, and specialized studies in addition to direct 
reporting and observer programs.
    This supplement to the proposed regulations clarifies the 
obligation to report by explicitly stating it as a condition for the 
issuance of the required permits. Failure to report or to respond to 
any information collection approved by the Office of Management and 
Budget (OMB) is prohibited. Applications for permits will not be 
considered complete if required reports have not been submitted or 
applicants have not responded, as required, to specialized data 
collections.

Technical Correction

    In the proposed regulations to implement the draft HMS FMP, one 
aspect of the BFT landings quota allocation was inadvertently omitted. 
Given the proposed 250 mt cap on purse seine landings of BFT, any 
excess that would result from applying the purse seine percent 
allocation to the total landings quota must be redistributed. When it 
occurs, NMFS proposes to allocate such excess to the Reserve category, 
for inseason redistribution according to the established criteria.

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and the Atlantic Tunas 
Convention Act, 16 U.S.C. 971 et seq. Preliminarily, the Assistant 
Administrator for Fisheries, NMFS, has determined that the 
specifications and regulations contained in this proposed rule are 
necessary to implement the recommendations of ICCAT and are necessary 
for management of the Atlantic tuna fisheries.
    NMFS amended the Environmental Impact Statement prepared for the 
proposed regulations to implement the draft HMS FMP with a preliminary 
finding of no significant impact on the human environment for these 
specific BFT provisions. In addition, a draft Regulatory Impact Review 
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 supplemental proposed 
regulations, if implemented, would not have a significant economic 
impact on a substantial number of small entities as follows:

    The proposed supplemental regulations would set Atlantic bluefin 
tuna (BFT) fishing category quotas for 1999 and subsequent years, 
close an area off the New England and mid-Atlantic coast to pelagic 
longline gear to reduce BFT incidental catch, provide quota 
adjustment procedures to limit catch of school BFT and account for 
dead discards of BFT, and clarify the mandatory nature of certain 
scientific information collections, in accordance with rebuilding 
and discard reduction recommendations of the International 
Commission for the Conservation of Atlantic Tunas and domestic 
fishery management objectives. The proposed supplemental regulations 
also would specify General Category effort controls (time period 
subquotas and restricted-fishing days) for the 1999 fishing season. 
Because fishing category quota allocations would remain the same or 
increase, and the designated restricted-

[[Page 9302]]

fishing days have been scheduled to correspond directly to Japanese 
market closures, the likelihood of extending the fishing season is 
increased and additional revenues would accrue to many small 
businesses as market prices received by U.S. fishermen may improve. 
The analysis predicts that only a minimal number of HMS longline 
fishermen (5 in 1996, 2 in 1997) would experience a reduction in 
gross revenues of over 5 percent. The analysis also predicts that no 
pelagic longline fishermen would be forced to cease business 
operations. Also, as this proposed regulation does not decrease the 
quota in any fishery, fishermen would still have the opportunity to 
landthe same amount of fish that they usually do. The proposed 
measures to minimize dead discards of BFT to the extent practicable 
would affect only the pelagic longline fleet, and reductions in 
gross revenues to this sector of the fishery are expected to be 
insignificant based on agency criteria for preparation of a 
Regulatory Flexibility Analysis.

    Because of this certification, 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 initiated formal consultation for all HMS commercial fisheries 
on September 25, 1996, under section 7 of the ESA. NMFS again 
reinitiated formal consultation on the HMS FMP and Billfish Amendment 
on May 12, 1998. The consultation request concerned the possible 
effects of management measures in the Billfish Amendment and the HMS 
FMP, including implementation of the Atlantic Offshore Cetacean Take 
Reduction Plan measures for the pelagic longline fishery. In a 
Biological Opinion issued on May 29, 1997, NMFS concluded that 
operation of the longline and purse seine components of the Atlantic 
tunas fishery may adversely affect, but is not likely to jeopardize, 
the continued existence of any endangered or threatened species under 
NMFS jurisdiction and that continued operation of the handgear 
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 identifying a 
reasonable and prudent alternative regarding the driftnet component of 
the swordfish and tuna fisheries, and is not relevant to the BFT 
fishery.
    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 would 
implement a domestic quota slightly greater than that of 1998, with 
minor quota adjustments to individual category quotas to account for 
underharvest in 1998 and to specify BFT General category effort 
controls (time period subquotas and restricted fishing days) for the 
1999 fishing season and, therefore, would not likely increase fishing 
effort nor shift activities to new fishing areas. The proposed time/
area closure is intended to shift fishing effort away from areas with 
high BFT discards without changing overall fishing effort. The areas 
where fishing may be displaced are not expected to increase endangered 
species or marine mammal interaction rates.
    This supplement to the proposed regulations refers to several 
collections-of-information subject to review and approval by OMB under 
the Paperwork Reduction Act (PRA). The mandatory nature of required 
reports has been clarified but the initial proposed regulations contain 
the specific reporting requirements in question and has solicited 
public comment on those requirements, which have been submitted to OMB 
for approval. The supplement to the proposed regulations also makes it 
mandatory for persons with permits to respond to surveys on fishing 
activity; OMB approval for such surveys will be obtained prior to their 
use and public comment on the specific surveys will be solicited at 
that time.
    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 PRA unless that collection of information displays a currently 
valid OMB Control Number.
    Comments on the Draft HMS FMP, the Addendum to the HMS FMP, the 
proposed rule to implement the HMS FMP, and on this supplement to that 
proposed rule are invited and will be accepted if received by March 4, 
1999.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.
    Dated: February 18, 1999.
Hilda Diaz-Soltero,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR new part 635, as 
proposed at 64 FR 3154, January 20, 1999, is proposed to be further 
amended as follows:

PART 635-ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    2. In Sec. 635.2, definition for ``Northeastern United States 
closed area'' is added in alphabetical order to read as follows:




Sec. 635.2  Definitions.

* * * * *
    Northeastern United States closed area means the area bounded by 
straight lines connecting the following coordinates in the order 
stated: 41 deg.00' N. lat., 74 deg.00' W. long.; 41 deg.00' N. lat., 
70 deg.00' W. long.; 37 deg.00' N. lat., 70 deg.00' W. long.; and 
37 deg.00' N. lat., 74 deg.00' W. long.
* * * * *
    3. In Sec. 635.4, paragraphs (j)(1) and (j)(2) are revised to read 
as follows:


Sec. 635.4  Permits and fees.

* * * * *
    (j) Permit issuance. (1) Except for ILAPs, the Office Director or 
the RA will issue a permit within 30 days of receipt of a complete and 
qualifying application. An application is complete when all requested 
forms, information, and documentation have been received, including all 
reports and fishing or catch information required to be submitted under 
this part.
    (2) NMFS will notify the applicant of any deficiency in the 
application, including failure to provide information or reports 
required to be submitted under this part. If the applicant fails to 
correct the deficiency within 30 days following the date of 
notification, the application will be considered abandoned.
* * * * *
    4. In Sec. 635.5, paragraph (g) is revised to read as follows:


Sec. 635.5  Recordkeeping and reporting.

* * * * *
    (g) Additional data and inspection. Additional data on fishing 
effort directed at Atlantic HMS or on catch of Atlantic HMS, whether or 
not retained, may be collected by contractors and statistical reporting 
agents, as designees of NMFS, and by authorized officers. As part of 
OMB-approved surveys, a person issued a permit under Sec. 635.4 is 
required to provide requested information about fishing activity, and a 
person, whether or not issued a permit under Sec. 635.4, who possesses 
an Atlantic HMS is required to make such fish or parts thereof 
available for

[[Page 9303]]

inspection by NMFS or its designees upon request.
    5. In Sec. 635.21, paragraphs (c)(2)(v) and (c)(4) are added to 
read as follows:


Sec. 635.21  Gear operation and deployment restrictions.

* * * * *
    (c) * * *
    (2) * * *
    (v) (Northeastern United States closed area)--June 1 through June 
30.
* * * * *
    (4) Transiting. Notwithstanding paragraph (c)(2) of this section, 
vessels carrying longline gear may transit the Northeastern United 
States closed area provided that all anchors and buoys are secured and 
all pelagic longline gear is stowed.
* * * * *
    6. In Sec. 635.27, paragraph (a)(1)(iv) is removed, and paragraphs 
(a) introductory text, (a)(1)(iii), (a)(2) introductory text, and 
(a)(9) are revised to read as follows:


Sec. 635.27  Quotas.

    (a) BFT. Consistent with ICCAT recommendations, NMFS will subtract 
any allowance for dead discards from the fishing year's total amount of 
BFT that can be caught and allocate the remainder to be retained, 
possessed, or landed by persons and vessels subject to U.S. 
jurisdiction. The total landing quota will be divided among the 
General, Angling, Harpoon, Purse Seine, Longline, and Trap categories. 
Consistent with these allocations and other applicable restrictions of 
this part, BFT may be taken by persons aboard vessels issued Atlantic 
Tunas permits or HMS Charter/Headboat permits. Allocations of quota 
will be made according to the following percentages: General - 47.1 
percent; Angling - 19.7 percent, which includes the school BFT held in 
reserve as described under paragraph (a)(7)(ii) of this section; 
Harpoon - 3.9 percent; Purse Seine - 18.6 percent or 250 mt, whichever 
is less; Longline - 8.1 percent; and Trap - 0.1 percent. In addition, 
NMFS is holding in reserve 2.5 percent of the BFT quota for inseason 
adjustments, to compensate for overharvest in any category other than 
the Angling category school BFT subquota or for fishery independent 
research. Should the total landing quota, when multiplied by the Purse 
Seine percent allocation, exceed 250 mt, the amount above 250 mt shall 
be redistributed to the Reserve. NMFS may apportion a quota allocated 
to any category to specified fishing periods or to geographic areas. 
BFT quotas are specified in whole weight.
    (1) * * *
    (iii) When the coastwide General category fishery has been closed 
in any quota period under Sec. 637.28(a)(1), NMFS may publish a 
notification in the Federal Register to make available up to 10 mt of 
the quota set aside for an 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 
true, and north of 38 deg.47' N. lat. The daily catch limit for the 
set-aside area will be one large medium or giant BFT per vessel per 
day. Upon the effective date of the set-aside fishery, fishing for, 
retaining, or landing large medium or giant BFT is authorized only 
within the set-aside area. Any portion of the set-aside amount not 
harvested prior to the reopening of the coastwide General category 
fishery in the subsequent quota period established under paragraph 
(a)(1)(i) of this section may be carried over for the purpose of 
renewing the set-aside fishery at a later date.
    (2) Angling category quota. The total amount of BFT that may be 
caught, retained, possessed, and landed by anglers aboard vessels for 
which an Angling Category Atlantic Tunas Permit or an HMS Charter/
Headboat permit has been issued is 19.7 percent of the overall annual 
U.S. BFT quota. No more than 2.3 percent of the annual Angling category 
quota may be large medium or giant BFT and, over each 4-consecutive-
year period, no more than 8 percent of the overall U.S. BFT quota may 
be school BFT. The Angling category quota includes the amount of school 
BFT held in reserve as specified under paragraph (a)(7)(ii) of this 
section. The size class subquotas for BFT are further subdivided as 
follows:
* * * * *
    (9) Annual adjustments. If NMFS determines, based on landings 
statistics and other available information, that a BFT quota in any 
category or, as appropriate, subcategory has been exceeded or has not 
been reached, NMFS may subtract the overharvest from, or add the 
underharvest to, that quota category for the following fishing year, 
provided that the total of the adjusted quotas and the reserve is 
consistent with a recommendation of ICCAT regarding country quotas, the 
take of school BFT, and the allowance for dead discards. Regardless of 
the estimated catch in any year, NMFS may adjust the annual school BFT 
quota to ensure that the average take of school BFT over each 4-
consecutive-year period beginning in the 1999 fishing year does not 
exceed 8 percent by weight of the total BFT quota allocated to the 
United States for that period. If NMFS determines that the annual dead 
discard allowance has been exceeded in one fishing year, NMFS shall 
subtract the amount in excess of the allowance from the total amount of 
BFT that can be landed in the subsequent fishing year. If NMFS 
determines that the annual dead discard allowance has not been reached, 
NMFS may add one-half of the remainder to the total amount of BFT that 
can be landed. NMFS will file at the Office of the Federal Register a 
notification of the amount to be subtracted or added and the basis for 
the quota reductions or increases made pursuant to this paragraph.
* * * * *
[FR Doc. 99-4603 Filed 2-22-99; 10:42 am]
BILLING CODE 3510-22-F