[Federal Register Volume 65, Number 101 (Wednesday, May 24, 2000)]
[Proposed Rules]
[Pages 33513-33517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13056]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 000515139-0139-01; I.D. 041200D]
RIN 0648-AO03


Atlantic Highly Migratory Species (HMS); Atlantic Bluefin Tuna 
Specifications and HMS Regulatory Amendment

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

ACTION: Proposed annual quota specifications and regulatory amendment; 
public hearings; request for comments.

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SUMMARY: NMFS proposes specifications for the Atlantic bluefin tuna 
(BFT) fishery to set BFT quota and General category effort control 
specifications for the 2000 fishing year. NMFS also proposes to amend 
the regulations governing the Atlantic HMS fisheries to adjust the date 
on which the BFT General category fishing season ends; adjust the date 
on which BFT allocations become available to Atlantic tunas Purse Seine 
category vessel owners; authorize NMFS to add the underharvest to, or 
subtract the overharvest from, individual Purse Seine category vessels' 
allocations for the following fishing year on a per vessel basis; 
revise text regarding restricted fishing days (RFDs) in the General 
category BFT fishery; and revise text regarding authorized gear in the 
North Atlantic swordfish fishery. The proposed specifications and 
regulatory amendment are necessary to implement the 1998 recommendation 
of the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) as required by the Atlantic Tunas Convention Act (ATCA) and to 
achieve domestic management objectives under the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS 
will hold public hearings to receive comments from fishery participants 
and other members of the public regarding the proposed specifications 
and regulatory amendment.

DATES: Written comments must be received on or before June 19, 2000.
    The public hearings dates are:
    1. Tuesday, May 30, 2000, 7-9 p.m., Gloucester, MA.
    2. Wednesday, May 31, 2000, 9-11 a.m., Silver Spring, MD.

ADDRESSES: Written comments on the proposed specifications and 
regulatory amendment 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 also may be sent via facsimile (fax) to (301) 713-1917. 
Comments will not be accepted if submitted via e-mail or the Internet.
    The public hearing locations are:
    1. Silver Spring-NMFS, SSMC III--Room 4527, 1315 East-West Highway, 
Silver Spring, MD 20910.
    2. Gloucester-Milton Fuller School, 4 School House Road. 
Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Pat Scida or Sarah McLaughlin, (978) 
281-9260.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual 
authority of the Magnuson-Stevens Act and ATCA. ATCA authorizes the 
Secretary of Commerce (Secretary) to implement binding recommendations 
of ICCAT. The authority to issue regulations under the Magnuson-Stevens 
Act and ATCA has been delegated from the Secretary to the Assistant 
Administrator for Fisheries, NOAA (AA).

Background

    On May 28, 1999, NMFS published in the Federal Register (64 FR 
29090) final regulations, effective July 1, 1999, implementing the 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS 
FMP) that was adopted and made available to the public in April 1999. 
The HMS FMP and the implementing regulations established percentage 
quota shares for each of the domestic fishing categories of the ICCAT-
recommended U.S. BFT landings quota of 1,387 metric tons (mt). These 
percentage shares were based on allocation procedures that had been 
developed by NMFS in recent years.
    The HMS FMP also established a new fishing year for the Atlantic 
tunas fisheries, beginning June 1 each calendar year and continuing 
until May 31 of the subsequent calendar year. NMFS specified the 1999 
fishing year BFT quota allocations in June 1999, reflecting 
underharvests or overharvests from the 1998 calendar year, as 
appropriate for each fishing category (64 FR 29806, June 3, 1999). 
Subsequently, NMFS made inseason quota adjustments to account for 
underharvest or overharvest for the period from January 1, 1999, 
through May 31, 1999; these adjustments were required to make the 
transition to the new fishing year (64 FR 48111, September 2, 1999).
    NMFS then amended the HMS regulations to remove the 250-mt limit on 
allocating BFT landings quota to the Purse Seine category (64 FR 58793, 
November 1, 1999). This rulemaking also reinstated the transferability 
of partial purse seine vessel quota allocations from one vessel to 
another, which was inadvertently omitted from the consolidated 
regulations to implement the HMS FMP.
    NMFS proposes the fishing year 2000 BFT quota specifications under 
the annual adjustment procedures of the HMS FMP. Also in accordance 
with the HMS FMP, NMFS proposes the General category effort control 
schedule, including time-period subquotas and RFDs, for the upcoming 
fishing season. After consideration of public comment, NMFS will issue 
final specifications and publish them in the Federal Register.

Domestic Quota Allocation

    NMFS proposes fishing category allocations for the 2000 fishing 
year, beginning June 1, 2000, consistent with the HMS FMP and the 1,387 
mt U.S. allocation. The percentage quota shares established in the HMS 
FMP for fishing years beginning June 1, 1999, as amended by the Purse 
Seine category adjustment discussed above, are as

[[Page 33514]]

follows (tonnage in parentheses corresponds to 1,387 mt total quota): 
General category -- 47.1 percent (653.3 mt); Harpoon category--3.9 
percent (54.1 mt); Purse Seine category--18.6 percent (258.0 mt); 
Angling category--19.7 percent (273.2 mt); Longline category--8.1 
percent (112.3 mt); Trap category--0.1 percent (1.4 mt); and Reserve--
2.5 percent (34.7 mt).
    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 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 landings of school BFT. Therefore, NMFS proposes to 
adjust the 2000 fishing year quota specifications for the BFT fishery 
to account for underharvest and overharvest in the 1999 fishing year.
    The General, Harpoon, and Purse Seine category fisheries for BFT 
have been closed for the 1999 fishing year, but landings figures are 
still preliminary and may be updated before the 2000 specifications are 
finalized. For the 1999 fishing year, NMFS has preliminarily determined 
that General category landings exceeded the adjusted General category 
quota by 50.9 mt; Harpoon category landings exceeded the adjusted 
Harpoon category quota by 4.9 mt; and Purse Seine category landings 
were 13.8 mt less than the adjusted Purse Seine category quota. Based 
on the estimated amount of Reserve that NMFS is maintaining for the 
landing of BFT taken during ongoing scientific research projects, NMFS 
estimates that 44.7 mt of Reserve remains unharvested from the 1999 
fishing year.
    Given estimated catch rates and available quota, the Angling and 
Longline category fisheries will remain open through May 31, 2000. As 
NMFS anticipates publication of final BFT quota specifications for the 
2000 fishing year prior to the availability of final 1999 landings 
figures for these two categories, best estimates will be used to 
determine carryover amounts, if any. To date, the Angling category has 
the following underharvests for the 1999 fishing year: School BFT--45.8 
mt; large school/small medium BFT--145.0 mt; and large medium/giant 
BFT--1.6 mt. In addition, 17.8 mt remains in the school reserve. To 
date, 48.8 mt remain in the Longline category. Should adjustments to 
the final 2000 BFT quota specifications be required based on the final 
1999 BFT landings figures, NMFS will publish a Federal Register notice 
updating the 2000 fishing year quota specifications.
    NMFS proposes to allocate the remaining 1999 Reserve to the Harpoon 
and General categories to account for the overharvests in those 
categories. Of the estimated 44.7 mt carryover from the Reserve, NMFS 
would allocate 4.9 mt to the Harpoon category and 39.8 mt to the 
General category. The balance of the 1999 General category overharvest 
would be deducted from the 2000 General category allocation determined 
by the percentage share set in the HMS FMP.
    In accordance with the regulations regarding annual adjustments at 
Sec. 635.27(a)(9)(ii), NMFS proposes specifications for the 2000 
fishing year that include carryover adjustments. The proposed quotas 
are: General category--642.2 mt; Harpoon category--54.1 mt; Purse Seine 
category--271.8 mt; Angling category--483.4 mt; Longline category--
161.1 mt; and Trap category--2.4 mt. Additionally, 34.7 mt would be 
reserved for inseason allocations or to cover potential overharvest in 
any category. These initial specifications may be adjusted during the 
2000 fishing year, when final Angling category and Longline category 
landings for the 1999 fishing year are determined. If necessary, 
updates to the 2000 fishing year specifications for the Angling and 
Longline categories, including size class and geographic subquota 
specifications, will be made. As required, adjustments to the amount 
held in the Reserve will also be made.
    Based on the proposed specifications, the Angling category quota of 
483.4 mt would be divided as follows: School BFT--136.3 mt, with 72.9 
mt to the northern area (north of 38 deg. 47' N. latitude), 63.4 mt to 
the southern area (south of 38 deg. 47' N. latitude), and an additional 
38.3 mt held in reserve; large school/small medium BFT--300.9 mt, with 
163.9 mt to the northern area and 137.0 mt to the southern area; and 
large medium/giant BFT--7.9, with 3.4 mt to the northern area and 4.5 
mt to the southern area. The Longline category quota of 161.1 mt would 
be subdivided as follows: 30.8 mt to longline vessels landing BFT north 
of 34 deg. N. latitude and 130.3 mt to longline vessels landing BFT 
south of 34 deg. N. latitude.

General Category Effort Controls

    For the last several years, NMFS has implemented General category 
time-period subquotas to increase the likelihood that fishing would 
continue throughout the summer and fall. The subquotas are consistent 
with the objectives of the HMS FMP and are designed to address concerns 
regarding allocation of fishing opportunities, to assist with 
distribution and achievement of optimum yield, to allow for a late 
season fishery, and to improve market conditions and scientific 
monitoring.
    The HMS FMP divides the annual General category quota into three 
time-period subquotas as follows: 60 percent for June-August, 30 
percent for September, and 10 percent for October-December. Given the 
overharvest of the 1999 fishing year General category quota, these 
percentages would be applied to the adjusted coastwide quota for the 
General category of 632.2 mt, with the remaining 10.0 mt being reserved 
for the New York Bight fishery. Therefore, coastwide, 379.3 mt would be 
available in the period beginning June 1 and ending August 31; 189.7 mt 
would be available in the period beginning September 1 and ending 
September 30; and 63.2 mt would be available in the period beginning 
October 1.
    For the last several 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 for 
(including tag-and-release fishing), retaining, possessing, or landing 
all sizes of BFT on designated RFDs. The intent of RFDs is to prolong 
fishing activity within each General category subperiod to increase 
fishing opportunities and to improve market conditions.
    For the 2000 fishing year, NMFS proposes a schedule of RFDs that is 
similar to that implemented for the 1999 fishing year, adjusted as 
necessary to coordinate with Japanese market holidays, but that also 
includes RFDs for the month of October. NMFS has received comment from 
General category fishermen that NMFS should implement RFDs during 
October to help lengthen this late season fishery. NMFS proposes RFDs 
for October intended to balance the interests of various General 
category fishery participants, and specifically requests comments on 
these proposed October RFDs.
    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 12, 16, 17, 19, 23, 24, 26, 30, and 
31; August 2, 6, 7, 9, 11, 12, 13, 14, 16, 20, 21, 23, 27, 28, and 30; 
September 3, 4, 6, 10, 11, 13, 17, 18, 20, 24, 25, and 27; and October 
1, 4, 6, 7, 10, 11, 14, 15, 18, 19, 22, 23, 26, 27, 30, and 31. These 
proposed RFDs would improve distribution of fishing opportunities 
without increasing BFT

[[Page 33515]]

mortality and are consistent with the objectives of the HMS FMP.

Changes to Regulatory Text

    In consolidating the HMS regulations into one CFR part (64 FR 
29090, May 28, 1999), NMFS inadvertently stated certain provisions 
incorrectly, and included regulatory text that, in some instances, was 
not consistent with the HMS FMP or the regulatory text as it existed 
prior to consolidation. Therefore, several changes to the regulatory 
text are proposed to clarify the regulations and to achieve consistency 
with the FMP objectives. These changes include specification of fishing 
seasons, quota adjustments, effort controls, and authorized gear.

General Category Season

    Prior to implementation of the HMS FMP in 1999, the Atlantic tunas 
fishing year coincided with the calendar year, with the General 
category BFT fishing season ending December 31. The General category 
quota was split into three time-period subquotas: June through August, 
the month of September, and October through December. These time-period 
subquotas were selected as the preferred alternative and final action 
in the HMS FMP. The FMP established the Atlantic tunas fishing year as 
June 1 through May 31 of the following year. As specified in the HMS 
FMP, the change to the new fishing year was not intended to authorize 
new fishing seasons or to change fishing patterns, but was necessary to 
accommodate notice and comment rulemaking after management 
recommendations of ICCAT are received, usually in November. However, 
the consolidated regulations implementing the HMS FMP erroneously 
indicated that the third time-period subquota is October 1 through May 
31 of the following calendar year, rather than ending December 31 of 
the same calendar year, as previously specified.
    NMFS has stated its intent clearly in the HMS FMP and several other 
NMFS documents, including the 1999 final BFT quota and effort control 
specifications and the Atlantic tunas regulations brochure, which 
indicate an end date of December 31 for the General category season. 
Specifying May 31 as the end of the third time-period subquota in the 
consolidated HMS regulations was not intended to establish a new 
fishing season. NMFS, therefore, proposes to amend the subject 
regulatory text to indicate December 31 as the end date for the General 
category BFT fishing season.

Purse Seine Category Season

    The HMS regulations state that, from August 15 through December 31, 
vessels issued Purse Seine category allocations may fish for BFT. The 
regulations also state that upon reaching its individual allocation of 
BFT, a Purse Seine category vessel may not participate in a directed 
fishery for Atlantic tunas or in any fishery in which BFT might be 
caught for the remainder of the fishing year. This regulation is 
necessary because any incidental catch of BFT during fishing operations 
for other species (e.g., yellowfin or skipjack tunas or herring) must 
be deducted from the vessel's BFT allocation. In some years, certain 
purse seine vessels have conducted a yellowfin/skipjack fishery in late 
spring/early summer prior to commencement of the directed BFT fishery 
on August 15.
    When the HMS regulations were consolidated under 50 CFR part 635, 
it was inadvertently stated in Sec. 635.27(a)(4)(ii) (Purse Seine 
category quota section) that the BFT allocation ``becomes available 
August 15.'' NMFS intended for the August 15 date to refer specifically 
to the opening of the directed fishery for BFT, not to preclude purse 
seine fisheries from targeting other species from the beginning of the 
tunas fishing year (June 1) to August 15 due to lack of a BFT 
allocation from which to deduct incidental catch. This proposed 
amendment corrects the subject regulatory text to indicate that the 
purse seine vessel allocation of BFT is available starting June 1, and 
that any BFT caught incidental to fishing operations for other species 
will be deducted from the vessel's BFT allocation for that fishing 
year. This proposed amendment also clarifies the regulatory text to 
indicate that it is the directed purse seine fishery for BFT that 
commences on August 15 each year.

Purse Seine Quota Carryover

    Implementing regulations at Sec. 635.27(a)(4)(iii) indicate that, 
on or about May 1, NMFS will make equal allocations of the available 
size classes of BFT among Atlantic tunas Purse Seine category permit 
holders so requesting (limited to five authorized vessels). In 
situations where a fishing year quota is exceeded or is not entirely 
taken, regulations at Sec. 635.27(a)(9) state that NMFS shall subtract 
the overharvest from, or add the underharvest to, the appropriate quota 
category for the following fishing year. Therefore, in accordance with 
the regulations, any Purse Seine category underharvest or overharvest 
would be divided equally among the authorized vessels regardless of the 
individual vessels' contribution to the carryover amount.
    NMFS has received comments from Purse Seine category participants 
that, because the category is managed via individual vessel quotas 
(IVQs), any vessel's underharvest or overharvest during a fishing year 
should be added to or deducted from that vessel's IVQ for the following 
fishing year, rather than the Purse Seine category quota as a whole. 
Also, commenters noted that a provision for individual vessel carryover 
would enhance the intent of the IVQ system by providing individual 
vessel owners the responsibility and incentive to remain within their 
allocated quotas, since overharvests would be deducted from that 
particular vessel's IVQ for the following year, and, conversely, any 
underharvest would be added.
    NMFS, therefore, proposes to amend the regulations regarding annual 
adjustment of quotas and subquotas to authorize NMFS to add the 
underharvest to, or subtract the overharvest from, individual Purse 
Seine category vessels' allocations for the following fishing year if 
NMFS determines that a vessel's individual quota has been exceeded or 
has not been reached.

Restricted Fishing Days

    For several years, NMFS has implemented RFDs in the BFT General 
category fishery, along with other General category effort controls. 
RFDs are consistent with the objectives of the HMS FMP and are designed 
to address concerns regarding allocation of fishing opportunities, to 
assist with distribution and achievement of optimum yield, to ensure a 
late season fishery, to improve market conditions, and to improve data 
collection for scientific monitoring purposes.
    Prior to publication of the consolidated regulations implementing 
the HMS FMP, the Atlantic tunas regulations (50 CFR part 285) indicated 
that, on RFDs, persons aboard a vessel permitted in the General 
category could not fish for, possess, or retain BFT. In the final 
consolidated regulations, the term ``fish for'' was inadvertently 
omitted. Prohibiting persons on board General category vessels from 
fishing for BFT on an RFD (including fishing under a tag and release 
program) is important to facilitate enforcement of the RFD. This 
proposed amendment would correct the subject regulatory text to 
indicate that persons on board a vessel permitted in the General 
category cannot fish for BFT on an RFD.

[[Page 33516]]

    In addition, this amendment would remove language included in the 
final consolidated regulations indicating that RFDs apply only when the 
General category fishery is open. If a time-period subquota is filled 
and if the fishery is closed before the end of the time period (e.g., 
by September 15 for the September time period), an automatic waiver of 
the remaining RFDs for the time period allows for tag-and-release 
fishing by persons aboard General category vessels until the beginning 
of the next time period fishery. Removing the provision for automatic 
waiver of RFDs would allow NMFS the discretion to implement RFDs during 
a closure of a General category time period on days immediately prior 
to the beginning of the following time-period subquota (e.g., September 
29 and 30).

    In issuing a closure notification for any General category 
subperiod, NMFS would indicate the specific RFDs that would be waived 
and/or added prior to reopening the fishery. Because fishing for BFT, 
including tag-and-release fishing, is prohibited on RFDs, retaining or 
adding RFDs immediately prior to reopening a new sub-period would 
facilitate enforcement of the closure and reduce the potential for 
accumulated catch to be landed on the day of the reopening. This 
proposed amendment is consistent with the intent of RFDs, as well as 
other General category effort controls and the HMS FMP.

Authorized Gear

    Finally, NMFS proposes to correct text that prohibits the use of 
bandit gear in the north Atlantic swordfish fishery. In the table 
appearing at 50 CFR 600.725(v), bandit gear is authorized in the 
swordfish handgear fishery. Likewise, 50 CFR 635.21(d)(4) authorizes 
the use of bandit gear to fish for north Atlantic swordfish from 
vessels issued limited access permits. When the final consolidated HMS 
regulations were published, the prohibition at 50 CFR 635.71(e)(8) 
inadvertently omitted bandit gear from the list of authorized gears.

Public Hearings and Special Accommodations

    The public is reminded that NMFS expects participants at the public 
hearings to conduct themselves appropriately. At the beginning of each 
public hearing, a NMFS representative will explain the ground rules 
(e.g., alcohol is prohibited from the hearing room; attendees will be 
called to give their comments in the order in which they registered to 
speak; each attendee will have an equal amount of time to speak; and 
attendees should not interrupt one another). The NMFS representative 
will attempt to structure the hearing so that all attending members of 
the public will be able to comment, if they so choose, regardless of 
the controversial nature of the subject(s). Attendees are expected to 
respect the ground rules, and, if they do not, they will be asked to 
leave the hearing.

Special Accommodations

    The public hearing sites are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Sarah McLaughlin (see FOR FURTHER 
INFORMATION CONTACT) at least 7 days prior to the hearing.

Classification

    These proposed specifications and regulatory amendment are 
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 AA has determined that the specifications and 
the regulations contained in the proposed regulatory amendment are 
consistent with the FMP, the Magnuson-Stevens Act, and the 1998 ICCAT 
recommendation (ICCAT Rebuilding Program).
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed regulatory amendment, if implemented, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    The proposed specifications would set Atlantic BFT tuna quota 
allocations and General category effort controls for the 2000 
fishing year; these proposed specifications are similar to those set 
for the 1999 fishing year and are in accordance with the Fishery 
Management Plan for Atlantic Tunas, Swordfish, and Sharks (Highly 
Migratory Species (HMS) FMP). The proposed regulatory amendments 
would allow Purse Seine vessel owners to carry over unharvested BFT 
quota between fishing years on a per vessel basis, change the date 
on which BFT allocations become available to Atlantic tunas Purse 
Seine category vessel owners, change the end date of the BFT General 
category season, and modify language regarding restricted fishing 
days in the General category BFT fishery and authorized gear in the 
Atlantic swordfish fishery. Because the overall U.S. BFT landings 
quota and fishing patterns would remain the same, there is no 
anticipated change in revenues that would accrue to small businesses 
in the fishery overall. Specifically regarding the Purse Seine 
category fishery, the ability to carry over unharvested BFT quota 
between fishing years on a per vessel basis could result in 
additional revenues accruing to small businesses associated with the 
purse seine fishery without directly affecting any other fishing 
category. The other proposed regulatory amendments would serve to 
correct or clarify the regulatory text and would not alter current 
fishing practices in any significant way.

    Because of this certification, an Initial Regulatory Flexibility 
Analysis was not prepared.
    This proposed regulatory amendment has been determined to be not 
significant for purposes of E.O. 12866.
    The proposed specifications would set 2000 fishing year BFT fishing 
category quotas and General category effort controls. The 
specifications are similar to those set for the 1999 fishing year as 
established by the HMS FMP. The proposed regulatory amendments would 
not significantly change the operations of any HMS fishery. Taken 
together, the quota and effort control specifications and the proposed 
regulatory amendments are not expected to increase endangered species 
or marine mammal interaction rates. NMFS reinitiated formal 
consultation for all Atlantic HMS commercial fisheries on November 19, 
1999, under section 7 of the Endangered Species Act. Pending the 
issuance of a Biological Opinion and the determination of reasonable 
and prudent measures to avoid jeopardizing the continued existence of 
any protected species, these proposed measures, if implemented, 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.
    The area in which this proposed action is planned has been 
identified as essential fish habitat (EFH) for species managed by the 
New England Fishery Management Council, the Mid-Atlantic Fishery 
Management Council, and the Highly Migratory Species Division of NMFS. 
It is not anticipated that this action will have any adverse impacts to 
EFH and, therefore, no consultation is required.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.


[[Page 33517]]


    Dated: May 18, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be 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.; and 16 U.S.C. 1801 et seq.
    2. In Sec. 635.23, paragraphs (a)(2) and (a)(4) are revised to read 
as follows:


Sec. 635.23  Retention limits for BFT.

* * * * *
    (a) * * *
    (2) On an RFD, no person aboard a vessel that has been issued a 
General category Atlantic Tunas permit may fish for, possess, retain, 
land, or sell a BFT of any size class, and tag-and-release fishing for 
BFT under Sec. 635.26 is not authorized from such vessel. On days other 
than RFDs, and when the General category is open, one large medium or 
giant BFT may be caught and landed from such vessel per day. NMFS will 
annually publish a schedule of RFDs in the Federal Register.
* * * * *
    (4) To provide for maximum utilization of the quota for BFT, NMFS 
may increase or decrease the daily retention limit of large medium and 
giant BFT over a range from zero (on RFDs) to a maximum of three per 
vessel. Such increase or decrease will be based on a review of dealer 
reports, daily landing trends, availability of the species on the 
fishing grounds, and any other relevant factors. NMFS will adjust the 
daily retention limit specified in paragraph (a)(2) of this section by 
filing with the Office of the Federal Register for publication 
notification of the adjustment. Such adjustment will not be effective 
until at least 3 calendar days after notification is filed with the 
Office of the Federal Register for publication, except that previously 
designated RFDs may be waived effective upon closure of the General 
category fishery so that persons aboard vessels permitted in the 
General category may conduct tag-and-release fishing for BFT under 
Sec. 635.26.
* * * * *
    3. In Sec. 635.26, paragraph (a)(1) is revised to read as follows:


Sec. 635.26  Catch and release.

    (a) BFT. (1) Notwithstanding the other provisions of this part, a 
person aboard a vessel issued a permit under this part, other than a 
person aboard a vessel permitted in the General category on a 
designated restricted fishing day, may fish with rod and reel or 
handline gear for BFT under a tag and release program, provided the 
person tags all BFT so caught, regardless of whether previously tagged, 
with conventional tags issued or approved by NMFS, returns such fish to 
the sea immediately after tagging with a minimum of injury, and reports 
the tagging and, if the BFT was previously tagged, the information on 
the previous tag. If NMFS-issued or NMFS-approved conventional tags are 
not on board a vessel, all persons aboard that vessel are ineligible to 
fish under the tag-and-release program.
* * * * *
    4. In Sec. 635.27, paragraph (a)(1)(i)(C), the second sentence of 
(a)(4)(i), the second sentence of (a)(4)(ii), the first sentence of 
paragraph (a)(4)(iii), and paragraph (a)(9)(i) are revised to read as 
follows:


Sec. 635.27  Quotas.

    (a) * * *
    (1) * * *
    (i) * * *
    (C) October 1 through December 31--10 percent.
* * * * *
    (4) * * *
    (i) * * * The directed purse seine fishery for BFT commences on 
August 15 each year.
    (ii) * * * The application must be postmarked no later than April 
15 for an allocation of the quota that becomes available on June 1.
    (iii) On or about May 1, NMFS will make equal allocations of the 
available size classes of BFT among purse seine vessel permit holders 
so requesting, adjusted as necessary to account for underharvest or 
overharvest by each participating vessel or the vessel it replaces from 
the previous fishing year, consistent with paragraph (a)(9)(i) of this 
section. * * *
* * * * *
    (9) Annual adjustments. (i) 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, with the exception of the Purse Seine category, NMFS 
shall subtract the overharvest from, or add the underharvest to, that 
quota category for the following fishing year, provided that the total 
of the adjusted category 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. For the Purse Seine category, 
if NMFS determines, based on landings statistics and other available 
information, that a purse seine vessel's allocation, as adjusted, has 
been exceeded or has not been reached, NMFS shall subtract the 
overharvest from, or add the underharvest to, that vessel's allocation 
for the following fishing year.
* * * * *
    5. In Sec. 635.71, paragraph (e)(8) is revised to read as follows:


Sec. 635.71  Prohibitions.

* * * * *
    (e) * * *
    (8) Fish for North Atlantic swordfish from, possess North Atlantic 
swordfish on board, or land North Atlantic swordfish from a vessel 
using or having on board gear other than pelagic longline or handgear.
* * * * *
[FR Doc. 00-13056 Filed 5-19-00; 4:21 pm]
BILLING CODE 3510-22-F