[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Rules and Regulations]
[Pages 20092-20093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9352]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 000328086-0086-01; I.D. 012800H]
RIN 0648-AN56


Atlantic Highly Migratory Species; Bluefin Tuna Landings 
Reporting

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

ACTION: Final rule; determination of state jurisdiction.

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SUMMARY: NMFS has determined that the State of Maryland has implemented 
regulations for reporting Atlantic bluefin tuna (BFT) landings in the 
recreational fishery that are mandatory, at least as restrictive as the 
Federal reporting requirements, and effectively enforced. Under 
Maryland law, participants in the recreational fishery who land BFT 
must report via the Maryland BFT landing card program. Therefore, 
recreational anglers who land BFT in the State of Maryland are exempt 
from the requirement to report BFT landings through NMFS' automated 
landings reporting system. All other Federal regulations applicable to 
Atlantic tunas continue to apply within the boundary of the State of 
Maryland. The intent of this action is to eliminate a Federal 
requirement that duplicates State regulations.

DATES: Effective April 13, 2000 through May 31, 2001.

ADDRESSES: Requests for copies of the final rule and information on 
Atlantic tunas landings 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) 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 appear at 50 CFR part 635. 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.

[[Page 20093]]

recreational fishery for young (pre-spawning) BFT, ICCAT has 
recommended that landings of fish 27 to 47 inches (69 to 119 cm) curved 
fork length be limited to 8 percent of the U.S. 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 for 
harvest far exceeds the available quota. Consequently, NMFS must 
restrict catch of BFT through annual quotas and trip limits and must 
monitor landings in real-time.

Automated Landings Reporting System

    NMFS has set up an automated landings reporting system (ALRS), and 
regulations at 50 CFR 635.5(c) require that anglers who land BFT call a 
toll-free number (1-888-872-8862) 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 and landings. 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 landings information is 
collected as quickly as possible. In the event that NMFS determines a 
state reporting system to be equally effective as the ALRS, NMFS will 
notify participating anglers that compliance with the state system 
satisfies the reporting requirement of 50 CFR 635.5(c).

Maryland BFT Landing Tag Program

    State regulations promulgated under section 4-2A-03 of the 
Annotated Code of Maryland regarding landing of BFT in Maryland are 
found at the Code of Maryland Regulations 08.02.05.23. Such regulations 
allow 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 635. The 
regulation also requires that 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 may be obtained only from officially designated reporting stations 
and only after the angler completes a landing reporting card for each 
BFT.
    The catch reporting and landing tag regulations of Maryland are 
enforced by the Maryland Natural Resources Police. Violations of the 
Maryland BFT landings reporting 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

    Under Maryland regulations, recreational fishermen must report all 
BFT landings through the Maryland BFT landing tag program. 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 landings through the NMFS 
ALRS. This exemption applies only to ALRS reporting; all other Federal 
regulations for BFT (e.g., seasons, quotas, retention 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 (888) 872-8862 or (978) 281-
9305, or through the Internet at: www.nmfspermits.com. Because ATCA 
requires NMFS to undertake a continuing review of state regulations 
with respect to the applicability of Federal regulations, this 
determination is effective only for the 2000 fishing year, which ends 
May 31, 2001.

Classification

    This action is taken under the authority of 16 U.S.C. 971g(d)(2)(B) 
and is consistent with regulations at 50 CFR 635.5(c).
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    This rule eliminates for participants in the BFT recreational 
fishery in Maryland a collection of information requirement subject to 
the Paperwork Reduction Act and approved by OMB under control number 
0648-0328, namely a telephone report of a BFT landing. The burden 
eliminated is estimated at 5 minutes per telephone 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.
    The Assistant Administrator for Fisheries, NOAA, 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 fishermen 
landing BFT in Maryland to duplicative Federal and state regulations. 
This determination of state jurisdiction relieves a restriction by 
exempting anglers landing BFT in Maryland from the Federal requirement 
to report BFT landings 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: April 7, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-9352 Filed 4-13-00; 8:45 am]
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