[Federal Register Volume 65, Number 134 (Wednesday, July 12, 2000)]
[Rules and Regulations]
[Pages 42883-42888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17620]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 000515139-0203-02; 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: Final annual specifications and regulatory amendment.

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SUMMARY: NMFS announces 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 amends 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. These 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).

DATES: The final specifications are effective July 7, 2000 through May 
31, 2001. The final regulatory amendment is effective July 7, 2000.

ADDRESSES: Copies of supporting documents, including the Fishery 
Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS FMP), 
are available from the Highly Migratory Species Management Division, 
NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 
01930.

FOR FURTHER INFORMATION CONTACT: Pat Scida or Brad McHale at 978-281-
9260.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (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. NMFS subsequently 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.
    Further background information and rationale for these 
specifications and regulatory amendment were provided in the preamble 
to the proposed specifications and regulatory

[[Page 42884]]

amendment (65 FR 33513, May 24, 2000) and are not repeated here. The 
annual quota specifications allocate the total ICCAT-recommended quota 
among the several established fishing categories.

Changes From the Proposed Specifications

    NMFS proposed the following RFDs for October: October 1, 4, 6, 7, 
10, 11, 14, 15, 18, 19, 22, 23, 26, 27, 30, and 31.
    Based on consideration of comments received during the comment 
period, NMFS is implementing the following RFDs for October: October 1, 
4, 6, 7, 10, 11, 14, and 15. In addition, now that the 1999 fishing 
year has ended and revised landings data are available, minor 
modifications have been made to the 2000 fishing year quotas.

Fishing Category Quotas

    NMFS implements U.S. domestic quota 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 described earlier, are as 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).
    Based on these percentages, and quota adjustments based on 
overharvests or underharvests in the 1999 fishing year, the adjusted 
quotas for the 2000 fishing year are as follows: 483.4 mt for the 
Angling category; 634.3 mt for the General category; 54.1 mt for the 
Harpoon category; 135.1 mt for the Longline category; 2.4 mt for the 
Trap category; 271.2 mt for the Purse Seine category; and 34.7 mt for 
the Reserve.
    The Angling category quota is subdivided 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 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 mt, with 3.4 mt to the 
northern area and 4.5 mt to the southern area.
    The Longline category is subdivided as follows: 31.5 mt to longline 
vessels landing BFT north of 34 deg. N. latitude and 103.6 mt to 
longline vessels landing BFT south of 34 deg. N. latitude.

General Category Effort Controls

    For the 2000 fishing year, NMFS implements General category quota 
subdivisions as established in the HMS FMP, 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 are applied to the adjusted coastwide 
quota for the General category of 624.3 mt, with the remaining 10.0 mt 
being reserved for the New York Bight fishery. Therefore, coastwide, 
374.6 mt are available for the period beginning June 1 and ending 
August 31; 187.3 mt are available for the period beginning September 1 
and ending September 30; and 62.4 mt are available for the period 
beginning October 1 and ending December 31.
    The New York Bight set-aside area is 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 (Shinnecock Inlet) and 
running SSE 150 deg. true, and north of 38 deg.47' N. When the 
coastwide General category fishery has been closed in any quota period, 
NMFS may publish notification in the Federal Register to make available 
up to 10 mt ww of the quota set aside for the New York Bight area. The 
daily retention 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 may be carried 
over for the purpose of renewing the set-aside fishery at a later date.
    Attainment of the subquota in any quota period will result in a 
closure until the beginning of the following quota period. The subquota 
for the following quota period will be adjusted by any underharvest or 
overharvest in the previous quota period. Announcements of closures 
will be filed for publication with the Office of the Federal Register, 
stating the effective date of closure, and will be disseminated by 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 will be provided as far in 
advance as possible, fishermen are encouraged to call the Atlantic 
Tunas Information Line (978-281-9305 or 888-872-8862) to check the 
status of the fishery before leaving for a fishing trip.
    Persons aboard vessels permitted in the General category are 
prohibited from fishing (including tag and release fishing) for BFT of 
all sizes on the following days in 2000: 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, and 15. Persons aboard vessels 
permitted in the Atlantic Tunas Charter/Headboat category are 
prohibited from fishing for large medium and giant BFT under the 
General category quota on the indicated RFDs. These RFDs will improve 
distribution of fishing opportunities without increasing BFT mortality 
and are consistent with the objectives of the HMS FMP.

Changes to Regulatory Text

    NMFS is revising the regulatory text for clarification and to 
achieve consistency with the FMP objectives. These changes include 
specification of fishing seasons, quota adjustments, effort controls, 
and authorized gear. For background information on these issues, see 
the preamble to the proposed regulatory amendment (65 FR 33513, May 24, 
2000).

General Category Season

    NMFS revises the regulatory text to clarify that December 31 is the 
end date for the General category BFT fishing season.

Purse Seine Category Season

    NMFS corrects the regulatory text regarding the Purse Seine 
category BFT fishing season 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. NMFS also 
clarifies the regulatory text to indicate that only the directed purse 
seine fishery for BFT commences on August 15 each year.

Purse Seine Quota Carryover

    NMFS amends 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.

[[Page 42885]]

Restricted Fishing Days

    NMFS corrects the regulatory text regarding RFDs to indicate that 
persons on board a vessel permitted in the General category cannot 
``fish for'' BFT on an RFD. In addition, NMFS removes language included 
in the final consolidated regulations indicating that RFDs apply only 
when the General category fishery is open. Removing this language will 
allow NMFS the discretion to implement RFDs on days immediately prior 
to the reopening of the General category fishery for the following 
subquota time-period (e.g., September 29 and 30). In issuing a closure 
notification for any General category subperiod, NMFS will indicate the 
specific RFDs that would be waived and/or added prior to reopening the 
fishery.

Authorized Gear

    Finally, NMFS corrects 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.

Comments and Responses

    NMFS received numerous comments regarding the proposed quota and 
General category effort control specifications and the regulatory 
amendments.

Specifications

General Category Quota Subdivision

    Comment: NMFS should reallocate the October through December period 
subquota to the June through August and September periods for better 
market prices and reduced derby conditions.
    Response: NMFS maintains the status quo time period subquota 
breakdown in these final specifications. Long-term effort controls were 
addressed in the HMS FMP to achieve a variety of FMP objectives. 
Specifically, the status quo regime for the General Category assists 
attainment of optimum yield, and addresses allocation issues by 
lengthening the season over time and space in a category with high 
participation and catch rates.
    Comment: If NMFS maintains an October fishery, then buy-boats 
should be allowed again. The fish landed in Chatham are of poorer 
quality than fish landed elsewhere, and as the Town of Harwich is 
considering imposing new restrictions, this would improve matters. If 
observers are necessary, the dealers could pay for them.
    Response: NMFS has removed the permit category allowing the use of 
buy-boats for BFT as it was deemed obsolete. In the proposed rule to 
consolidate regulations regarding Atlantic HMS species (January 20, 
1999, 64 FR 3166) NMFS stated that for the last several years, the 
retention limit for General category vessels has been set at one fish 
per day, thus precluding the need to offload BFT at sea. In addition, 
compliance with applicable vessel and dealer reporting requirements 
would be difficult to achieve under at-sea transfer conditions. To 
date, the Town of Harwich has not yet imposed new restrictions. If any 
new regulations by the Town are implemented it remains unclear how, or 
even if, the BFT fishery would be impacted. NMFS intends to continue to 
monitor the situation to consider and address any inconsistencies 
between the Town's measures and Federal regulations.

2000 Fishing Year Quota Allocations

    The HMS FMP addresses many issues regarding the allocation of BFT 
domestic quota among categories. The comments below address issues 
other than those regarding allocation percentages.
    Comment: The amount of quota proposed to be rolled over in the 
Angling category due to underharvest of the quota for that category 
during the 1999 fishing year is very large. NMFS should use the 
transfer criteria specified in the regulations to make the quota 
available to other users within the domestic fishery, specifically to 
the commercial categories, in which each fish landed is reported.
    Response: NMFS has added the Angling category underharvest from the 
1999 fishing year to the Angling category quota for the 2000 fishing 
year in accordance with the provisions and criteria of the HMS FMP, 
which reflects the 5-year balancing period under ICCAT. Due to year-to-
year variability in fishing effort and landings of recreational BFT, it 
is preferable to ensure availability of quota rather than risk 
overharvest of the quota. Because it is possible that the Angling 
category may attain this quota in the 2000 fishing year, it is 
premature to transfer any quota from this category at this time, and 
NMFS must consider the criteria for transferring quota, as established 
in the regulations. In addition, Angling category landings data are 
under review and subject to change.
    Comment: NMFS should allocate a small portion of the Angling 
category quota for recreational spearfishing. Spearfishing has been a 
historical gear type and was overlooked during the development of the 
HMS FMP.
    Response: NMFS evaluated gear types used in the Atlantic tuna 
fisheries during the development of the HMS FMP. Currently spearguns 
are not authorized in the BFT fishery and thus this activity is not 
allowed. The issue was discussed by the HMS Advisory Panel (AP) during 
the development of the HMS FMP but no consensus by the HMS AP was 
reached and no recommendation was transmitted to NMFS. At this time, no 
additional action is contemplated. However, the HMS AP may wish to 
discuss this issue again when it next meets.
    Comment: NMFS should reinstitute the incidental catch quota for 
herring purse seine vessels, which occasionally catch BFT incidental to 
their target species.
    Response: NMFS evaluated gear types used in the Atlantic tuna 
fisheries during the development of the HMS FMP. NMFS may solicit 
comment on this issue from the HMS Advisory Panel.

Restricted Fishing Days

    Comment: Some commenters stated that NMFS should implement RFDs for 
July through September as scheduled but should not implement October 
RFDs, especially beyond the first few days of October. October weather 
alone should dictate when fishermen make fishing trips. Those in 
support of October RFDs fish in one geographic area. NMFS should not be 
involved simply for market reasons. If NMFS does implement October 
RFDs, the pattern should be the same as for July through September. A 
commenter proposed that NMFS should depart from the Sunday, Monday, 
Wednesday pattern and alternate the RFDs each year, so that for the 
days of Sunday through Wednesday, the one day on which fishing is 
allowed is different each year. Other commenters stated that if NMFS 
does implement RFDs for the first week of October, it should designate 
October 5 as an RFD, since otherwise any fish caught on October 5 would 
arrive in Japan on October 9, when the market is closed.
    Other commenters supported the proposed schedule of RFDs and some 
specifically stated that NMFS should implement October RFDs for 
consistency with the rest of the schedule, for market reasons, and so

[[Page 42886]]

that fishermen have some days to rest. It is not a geographic issue, 
i.e., designed for those fishing off Chatham, as fishermen often travel 
to distant fishing areas to participate in the BFT fishery.
    NMFS received comment from a tournament director that the RFDs as 
proposed would coordinate with the tournament schedule.
    Finally, some commenters stated that NMFS should not implement RFDs 
at all. The implementation of RFDs in 1995 was an experiment to 
lengthen the season; it did not work significantly, and in fact led to 
poorer prices, so it should be discontinued.
    Response: NMFS maintains the schedule of RFDs as proposed from July 
through September and has modified the schedule for the latter half of 
October. RFDs, in conjunction with the General category quota 
subdivision, help achieve HMS FMP objectives to achieve optimum yield 
(e.g., lengthening the season for market reasons) and address 
allocation issues. Comments over the past few years regarding the 
status quo pattern of RFDs have generally been favorable. In addition, 
maintaining the current pattern and schedule of RFDs provides some 
benefit to fishermen as it offers a certain level of predictability. 
However, over the past several years landings have been highest during 
the first week of October, exacerbating the derby nature of the fishery 
and contributing to market gluts. Implementing RFDs for the first half 
of October may help spread out fishing effort, slow the pace of 
landings, and extend the fishery. However, NMFS recognizes that the 
weather is unpredictable during this time period for the fishery, 
particularly in the latter half of October, and that poor weather 
conditions may limit participation without the need for additional RFDs 
during this part of the month. Thus, NMFS modifies the proposed 
schedule of RFDs by removing all RFDs after October 15 and maintains 
the schedule of RFDs for October 1, 4, 6, 7, 10, 11, 14, and 15.
    Comment: If spotter planes are prohibited (except for in the Purse 
Seine fishery), NMFS should not implement any RFDs.
    Response: Currently, spotter aircraft are allowed to participate in 
the fishery. However, NMFS has published a proposed rule to prohibit 
spotter aircraft in the BFT fishery, except for the Purse Seine 
category. If spotter aircraft are prohibited during the course of the 
fishing season from participating in the BFT fishery, NMFS will 
determine what other actions, if any, may be necessary at that time.

Regulatory Amendments

General Category Season

    Comment: NMFS should implement a General category end-date of 
December 31 to prevent new BFT fisheries while rebuilding is underway.
    Response: NMFS agrees and implements this measure.

Purse Seine Category Season

    Comment: NMFS should not change the date on which purse seine 
vessel owners receive their allocations to June 1 if it means that BFT 
fishing would begin prior to August 15.
    Response: Although the allocation would be made June 1, directed 
fishing for BFT will continue to start August 15. This amendment is 
made so as not to preclude Purse Seine category vessels from fishing 
for other tuna species from June 1 to August 15 of each year.

Purse Seine Quota Carryover

    Comment: NMFS should add or subtract underharvest to, or 
overharvest from, individual purse seine IVQs.
    Response: NMFS agrees and implements this measure.

Restricted Fishing Days

    Comment: It is important to honest fishermen that NMFS reinstate 
language prohibiting ``fishing for'' BFT on RFDs in order to prevent 
the fishing for, and holding of, BFT in slush tanks until the next open 
day.
    Response: NMFS agrees and implements this measure.
    Comment: The language as proposed gives NMFS too much latitude in 
implementing additional RFDs; the authority should be limited to a few 
days before the start of the next time period.
    Response: NMFS has considered this comment but maintains the 
provision as proposed to facilitate the enforcement of fishery openings 
and closures.

Timing of Rulemaking

    Comment: The specifications should be final before the start of the 
season. Considering part of the reason NMFS changed the fishing year 
was to have time to implement the ICCAT recommendations, the proposed 
specifications should be months earlier so that decisions about permit 
category can be made before May 15.
    Response: NMFS agrees. Part of the rationale for the adjustment of 
the fishing year from a calendar year to one that begins June 1 was to 
provide adequate time for the development of proposed and final 
specifications after the November ICCAT meeting. The large workload 
within the agency this spring delayed publication of the proposed 
specifications. However, as the measures contained in the 
specifications do not change the status quo as presented in the HMS FMP 
(except for the addition of RFDs in October), NMFS believes that there 
was minimal, or no, impact on decisions regarding choice of permit 
categories.

Classification

    These final specifications 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. The AA has determined that these 
specifications are necessary to implement the recommendations of ICCAT 
and are necessary for the management of the Atlantic tuna fisheries.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed specifications and proposed regulatory 
amendment would not have a significant economic impact on a substantial 
number of small entities. No comments were received that would alter 
the basis for that certification. Accordingly, an initial regulatory 
flexibility analysis was not prepared for the proposed specifications 
and proposed regulatory amendment.
    These specifications and regulatory amendment impose no 
requirements with which fishermen need time to come into compliance, 
and are necessary to help ensure that the United States' actions are 
consistent with its international obligations under ICCAT. Therefore, 
NMFS has determined that there is good cause to waive partially the 30-
day delay in the effective date normally required by 5 U.S.C. 553(d). 
NMFS will rapidly communicate these final specifications through the 
FAX network.
    The final specifications and regulatory amendment have been 
determined to be not significant for purposes of E.O. 12866. The 
specifications 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 
regulatory amendments will 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

[[Page 42887]]

commercial fisheries on November 19, 1999, under section 7 of the 
Endangered Species Act. NMFS issued a Biological Opinion on June 30, 
2000 and concluded that the Atlantic pelagic longline fishery for 
tunas, swordfish and sharks is likely to jeopardize the continued 
existence of leatherback and loggerhead sea turtles, and may adversely 
affect but is not likely to jeopardize the continued existence of other 
listed and protected species. Additionally, NMFS concluded that other 
components of the Atlantic tunas fisheries (purse seine, handgear, 
traps) may adversely affect but are not likely to jeopardize the 
continued existence of listed and protected species. The BO determined 
reasonable and prudent alternatives to avoid jeopardizing the continued 
existence of any protected species, and incorporated an incidental take 
statement listing reasonable and prudent measures and terms and 
conditions to implement those measures that would serve to reduce 
takes. NMFS will address the requirements of the BO in subsequent 
rulemakings and by other non-regulatory means. In the interim, these 
BFT quota specifications, effort controls and revised regulations are 
not likely to increase takes of listed species and 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 fishing for BFT takes place 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 NMFS Highly Migratory Species Division. 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.

    Dated: July 7, 2000.
Donald R. Knowles,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 635 is 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. 635.23, 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 RFD, 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) * * *

[[Page 42888]]

    (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. 00-17620 Filed 7-7-00; 3:26 pm]
BILLING CODE 3510-22-F