[Federal Register Volume 65, Number 223 (Friday, November 17, 2000)]
[Proposed Rules]
[Pages 69492-69493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29473]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 001113318-0318-01; I.D. 110200D]
RIN 0648-AO75


Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna Incidental Catch

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: NMFS intends to undertake rulemaking to reduce the level of 
Atlantic bluefin tuna (BFT) that is discarded dead by vessels in the 
pelagic longline fishery, and issues this ANPR to request comments on 
potential changes to the Atlantic tuna regulations that could reduce 
the level of dead discards of BFT including the adjustment of target 
catch requirements for landing incidental catch. The level of allowed 
discards needs to be reduced in order to decrease the waste of valuable 
bycatch.

DATES: Written comments on this ANPR must be received on or before 
December 14, 2000.

ADDRESSES: Written comments should be addressed to Christopher Rogers, 
Acting Chief, Highly Migratory Species Management Division (F/SF1), 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910.

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

SUPPLEMENTARY INFORMATION: The Atlantic pelagic longline fishery, which 
commonly targets swordfish, sharks, and yellowfin and bigeye tunas, 
also occasionally catches BFT incidental to these other fisheries. 
Because the U.S. longline fleet has not historically targeted BFT, the 
portion of the U.S. national BFT quota allocated to the longline 
category has always been intended to account for incidental catch only. 
Accordingly, under current BFT regulations, vessels permitted in the 
Atlantic Tunas Longline category are permitted to retain and land BFT 
caught with pelagic longline gear only if a specific minimum level of 
other fish species are landed from the same trip. While the regulations 
pertaining to landing incidental BFT catch have been adjusted on 
several occasions, the pelagic longline industry continues to comment 
that the target catch requirements are overly restrictive and result in 
unnecessary dead discards.

Background

    The history of U.S. regulatory activity and public comment 
regarding this issue dates back to the early 1980's. A full description 
of this history is provided in the Fishery Management Plan for Atlantic 
Tunas, Swordfish, and Sharks (HMS FMP) chapter 3, section 3.5.3 
``Management Measures to Address Bycatch Problems.''
    In 1998, the International Commission for the Conservation of 
Atlantic Tunas (ICCAT), in its recommendation on western BFT 
rebuilding, required that nations minimize dead discards of BFT to the 
extent practicable and established a dead discard allowance of 79 
metric tons (mt) for western BFT, 68 mt of which was allocated to the 
United States. The 1998 ICCAT recommendation also provided that, if a 
nation exceeds its dead discard allowance in one year, that nation must 
deduct the excess from its following year's landing quota. If the 
actual amount of dead discards is less than the allowance, one-half of 
the difference may be added to the allocation of catch that can be 
retained. Dead discards of BFT are reported to ICCAT by NMFS, along 
with landings data, and are summarized in the U.S. National Report to 
ICCAT.
    The final rule that implemented the HMS FMP addressed the dead 
discard issue by establishing a time/area closure for the use of 
pelagic longline gear in the Northwestern Atlantic from 39 deg. to 
40 deg. N. lat. and 68 deg. to 74 deg. W. long. during the month of 
June. This closed area was chosen to meet the goal of minimizing BFT 
dead discards while having the least economic impact on the directed 
pelagic longline fisheries. Since NMFS first implemented BFT incidental 
catch regulations, the agency has received public comment and inquiries 
regarding the target catch requirements to retain incidental catch of 
BFT and the effectiveness of the regulations in avoiding dead discards. 
These comments have continued after the publication of the HMS FMP.

Potential Adjustments

    Several reviews of landings, logbook, and observer data have been 
conducted in recent years regarding the pelagic longline fisheries 
interaction with BFT. Observer data from longline trips (from 1991 to 
1994) indicate that two or fewer BFT were hooked on 91 percent of all

[[Page 69493]]

observed trips. Longline landings information for 1998 and 1999 
indicate that median values for landed catch (not including BFT) are 
approximately 3,000 lb ( 1,361 kg) for trips made in the months of 
January through April, and 3,800 lb (1,724 kg) for trips made in May 
through December, in fisheries south of 34 deg. N. lat.; and 3,700 lb 
(1,679 kg) for trips made throughout the year in fisheries north of 
34 deg. N. lat. For the same time period, 75 percent of the trips had a 
landed catch (other than BFT) of approximately 1,350 lb (613 kg) for 
trips made in the months of January through April, and 1,650 lb (749 
kg) for trips made in May through December, in fisheries south of 
34 deg. N. lat; and 1,600 (726 kg) for trips made throughout the year 
in fisheries north of 34 deg. N. lat.
    Based on current landings and dead discard information, NMFS could 
consider several possible adjustments. One approach could be to 
undertake a comprehensive review and adjust target catch requirements, 
geographic location, and seasonal subdivisions. An alternative could be 
to adjust the target catch requirements while maintaining the current 
geographic and southern area seasonal subdivision. For example, in the 
Longline south subcategory, from January through April, one fish per 
vessel per fishing trip with at least 1,500 lb (680 kg) of target 
catch, or two fish per vessel per trip with at least 4,500 lb (2,040 
kg) of target catch; from May through December, one fish per vessel per 
fishing trip with at least 3,500 lb (1,588 kg) of target catch, or two 
fish per vessel per trip with at least 6,000 lb (2,722 kg) of target 
catch. In the Longline north subcategory, one fish per vessel per 
fishing trip with at least 3,500 lb (1,588 kg), or two fish per vessel 
per trip, with at least 6,000 lb (2,722 kg) of target catch. Under this 
alternative, another option could be to adjust only the percent target 
catch requirement for the Northern area (e.g., 5 or 8 percent versus 
two percent) and to maintain the current target catch requirements, by 
season, for the south.
    Another alternative could be to institute one target catch 
requirement (either a percent or a fixed number of BFT) coastwide 
regardless of season. For example, one BFT per vessel per fishing trip 
with at least 1,500 lb (680 kg) of target catch, or two fish per vessel 
per trip with at least 4,000 lb (1,815 kg) of target catch, or one BFT 
per trip, so long as other targeted species are landed. Under this 
alternative, another option could be to apply a percent target catch 
requirement coastwide.

Request for Comments

    NMFS requests comments on possible changes to the BFT landings 
allowances as outlined above or on alternative means of reducing dead 
discards of BFT in the pelagic longline fisheries. Comments received by 
the due date will be considered in drafting any proposed changes to the 
Atlantic tuna regulations.

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

    Dated: November 13, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-29473 Filed 11-14-00; 3:22 pm]
BILLING CODE 3510-22-S