[Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
[Rules and Regulations]
[Pages 34138-34139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16166]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 285 and 635

[Docket No. 990618163-9163-01; I.D. 052799D]
RIN 0648-AM81


Atlantic Highly Migratory Species; Bluefin Tuna Catch Reporting

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

ACTION: Final rule; determination of state jurisdiction.

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

SUMMARY: NMFS has determined that the State of Maryland has implemented 
regulations for reporting of Atlantic bluefin tuna (BFT) landings in 
the recreational fishery that are mandatory, at least as restrictive as 
the Federal reporting requirements, and effectively enforced. 
Therefore, participants in the recreational fishery who land BFT in the 
State of Maryland are exempt from calling in their catch through NMFS' 
automated catch reporting system and must report their catch via the 
Maryland BFT landing tag program. All other Federal regulations 
applicable to Atlantic tunas still apply within the boundary of the 
State of Maryland.

DATES: Effective June 22,1999 through November 27, 1999.

ADDRESSES: Requests for copies of the final rule and information on 
Atlantic tunas catch reporting should be directed 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. Send comments regarding the burden-hour 
estimates or other aspects of the collection-of-information requirement 
contained in this rule 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: Maria Uitterhoeve, 301-713-2347; Pat 
Scida, 978-281-9208.

SUPPLEMENTARY INFORMATION:

Background

    The Atlantic Tunas Convention Act (ATCA), codified at 16 U.S.C. 971 
et seq., provides for U.S. participation in the conduct of scientific 
research programs and regulation of fishing operations by the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT). Section 971g.(d)(2)(B) of ATCA provides that Federal 
regulations promulgated to implement ICCAT recommendations shall apply 
within the boundary of any state bordering on any convention area if 
the Secretary of Commerce determines that any such state has laws or 
regulations that are less restrictive than the Federal regulations or, 
if not less restrictive, are not effectively enforced.
    Regulations implemented under the authority of ATCA governing the 
harvest of Atlantic highly migratory species by persons and vessels 
subject to U.S. jurisdiction presently appear at 50 CFR part 285. 
Effective July 1, 1999, these regulations will be replaced by 
consolidated regulations at 50 CFR part 635 (64 FR 29090, May 28, 
1999). Specifically, regulations limiting the harvest of BFT and 
requiring reporting of BFT landings implement ICCAT recommendations 
regarding country catch quotas and catch reporting. In the case of the 
U.S. recreational fishery for young (pre-spawning) BFT, ICCAT has 
recommended that landings of fish 27 to 47 inches (69 to 119 cm) in 
fork length be limited to 8 percent of the country quota. BFT of this 
size are the target of a popular summertime recreational fishery off 
the mid-Atlantic and southern New England coasts, and the potential 
catch far exceeds the available quota. Consequently, NMFS must restrict 
harvest of BFT through annual quotas and trip limits and must monitor 
landings in real-time.

Automated Catch Reporting System

    NMFS has set up an automated catch reporting system (ACRS), and 
regulations at 50 CFR 285.29(f) (consolidated at 50 CFR 635.5(c), 
effective July 1, 1999) require that anglers who land BFT call a toll-
free number (1-888-USA-TUNA) to report the number and size of fish. 
NMFS also conducts dockside and telephone surveys of permitted anglers 
to estimate fishing effort and collect more detailed scientific 
information on catch. Recognizing that the states also have an interest 
in collecting information on the economically important fisheries for 
Atlantic highly migratory species, NMFS has cooperated with the states 
to minimize duplication of effort and reduce the reporting burden while 
ensuring that BFT catch information is collected as quickly as 
possible. In the event that NMFS determines a state reporting system to 
be equally effective as the ACRS, NMFS will notify participating 
anglers that compliance with the state system satisfies the reporting 
requirement of 50 CFR 285.29(f) (50 CFR 635.5(c) after June 30, 1999).

Maryland BFT Landing Tag Program

    State regulations promulgated under Natural Resources Article 
Sec. #4-2A-03 of the Annotated Code of Maryland (COMAR) regarding 
landing of BFT in Maryland are found at COMAR 08.02.05.23. An emergency 
regulation to be published in the Maryland Register, allows BFT to be 
landed in the State of Maryland only if consistent with the applicable 
fishing seasons, size limits and retention limits specified in the Code 
of Federal Regulations at 50 CFR part 285 (50 CFR part 635 after July 
1, 1999). Further, the State regulation requires that, effective June 
1, 1999, through November 27, 1999, all BFT landed in Maryland be 
landed in whole form and have a landing tag affixed before removal of 
the fish from the vessel. If the BFT is on board a vessel on a trailer, 
a landing tag must be affixed before such vessel is removed from the 
water. A landing tag can be obtained only from officially designated 
reporting stations and only after the angler completes a catch 
reporting card for each BFT.
    The catch reporting and landing tag regulations of the State of 
Maryland are enforced by the Maryland Natural Resources Police. 
Violations of the Maryland BFT catch reporting

[[Page 34139]]

regulations are subject to a fine. Anglers may obtain further 
information on the Maryland BFT landing tag program and on the 
locations of reporting stations from Al Wesche of the Maryland 
Department of Natural Resources at 410-213-1531.

Determination of State Jurisdiction

    NMFS has determined that the State of Maryland has implemented 
regulations for reporting BFT landings that are at least as restrictive 
as the Federal reporting requirements and are effectively enforced. 
Therefore, participants in the recreational fishery who land BFT in the 
State of Maryland are exempt from calling in their catch through the 
NMFS ACRS. Under State of Maryland regulations, recreational fishermen 
must report all BFT landings through the Maryland BFT landing tag 
program. This exemption applies only to ACRS catch reporting; all other 
Federal regulations for BFT (e.g., seasons, quotas, catch limits, 
permit requirements, survey participation) continue to apply within the 
boundary of the State of Maryland. Information on applicable Federal 
regulations may be obtained by calling 1-888-USA-TUNA or through the 
internet at: www.usatuna.com.

Classification

    This action is taken under 50 CFR 285.29(f), and after June 30, 
1999, will continue in effect under 50 CFR 635.5(c).
    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 rule involves a collection of information requirement subject 
to the PRA and approved by OMB under control number 0648-0328. The 
burden associated with Atlantic BFT catch reporting is estimated at 5 
minutes per report, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Send comments regarding this burden estimate, or any other aspect of 
this data collection, including suggestions for reducing the burden, to 
NMFS and OMB (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The AA has determined that under 5 U.S.C. 553(b)(B) there is good 
cause to waive the requirement for prior notice and opportunity for 
public comment because delaying the final rule to provide for such 
procedures would be contrary to the public interest in that it would 
subject recreational fishermen landing BFT in Maryland to duplicative 
federal and state regulations. This determination of state jurisdiction 
relieves a restriction by exempting recreational anglers landing BFT in 
Maryland from the federal requirement to report BFT catch since they 
are now subject to an effective State reporting requirement that 
fulfills the same purpose. Under 5 U.S.C. 553(d)(1), because this 
action relieves a restriction, it is not subject to a 30-day delay in 
effective date.
    Because prior notice and opportunity for public comment is not 
required for this action by 5 U.S.C. 553 or by any other law, under 5 
U.S.C. 603 it is not subject to the analytical requirements of the 
Regulatory Flexibility Act. Accordingly, no regulatory flexibility 
analysis was prepared.

    Dated: June 21, 1999.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-16166 Filed 6-22-99; 9:10 am]
BILLING CODE 3510-22-F