[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Proposed Rules]
[Pages 76601-76605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31104]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 000323080-0329-02; I.D. 031500A]
RIN 0648-AN97


Atlantic Highly Migratory Species (HMS); Atlantic Tunas 
Reporting, Fishery Allocations and Regulatory Adjustments

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

ACTION: Proposed rule; public hearings; request for comments.

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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic 
HMS fisheries to require mandatory dealer reporting of all purchases of 
Atlantic bigeye, albacore, yellowfin, and skipjack (BAYS) tunas; adjust 
the north-south dividing line for the Atlantic bluefin tuna (BFT) 
Angling category subdivisions; adjust associated subquota percentages 
allocated to each area; modify regulatory text to clarify the 
requirement that imports, exports, and re-exports of bluefin tuna (both 
Atlantic and Pacific subspecies) must be accompanied by a Bluefin Tuna 
Statistical Document (BSD); and modify regulatory text to facilitate 
enforcement of, and compliance with, the regulations. The proposed 
regulatory amendment is necessary to comply with the United States' 
obligations under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), the Atlantic Tunas Convention 
Act (ATCA), and the Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks (HMS FMP). NMFS will hold public hearings to 
receive comments from fishery participants and other interested parties 
regarding the proposed regulatory amendment.

DATES: Written comments must be received on or before January 30, 2001.
    The public hearing dates are:
    1. December 11, 2000, 7-9 p.m., Ocean City, MD.
    2. December 12, 2000, 7-9 p.m., Cape May, NJ.

ADDRESSES: Written comments on the proposed regulatory amendment should 
be sent to Christopher Rogers, Acting 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. Comments regarding 
the collection of information requirements contained in this proposed 
rule should be sent to the above address and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, DC, 20503 (Attention: NOAA Desk Officer).
    The public hearing locations are:
    1. Cape May--The Inn of Cape May, 7 Ocean St, Cape May, NJ 08204.
    2. Ocean City--Ocean City Rec & Parks Dept., 200-125th Street, 
Ocean City, MD 21842.

FOR FURTHER INFORMATION CONTACT: Pat Scida, (978) 281-9208.

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 the International Commission for the Conservation of Atlantic Tunas 
(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).

BAYS Dealer Reporting

    On May 28, 1999, NMFS published in the Federal Register (64 FR 
29090) final regulations implementing the HMS FMP that was adopted and 
made available to the public in April 1999. The implementing 
regulations require dealers that receive Atlantic swordfish and 
Atlantic sharks from U.S. vessels to report to NMFS all Atlantic tunas 
(including BAYS) received from U.S. vessels (50 CFR 635.5(b)(1)(i)). 
The regulations require dealers to report BAYS tunas only when received 
together with sharks and swordfish. As BAYS tunas are usually landed 
and sold along with other species, and because many dealers voluntarily 
report their BAYS purchases (dealers are often permitted in several 
fisheries and record all purchases on a consolidated HMS reporting 
form), the lack of mandatory reporting of BAYS tunas has not likely 
resulted in significant underreporting. Recently, however, several new 
dealers in the U.S. Virgin Islands and Puerto Rico have obtained dealer 
permits, and most of these dealers are handling BAYS tunas only. In 
order to collect data from these new dealers and to ensure that U.S. 
data on BAYS tunas are complete, NMFS needs to require that all 
purchases of BAYS tunas be reported, regardless of whether other 
regulated HMS are purchased. NMFS, therefore, proposes to amend the HMS 
regulations to require dealers to report all purchases of BAYS tunas, 
regardless of whether they also purchase Atlantic sharks or swordfish. 
Similar to current reporting regulations for sharks and swordfish, NMFS 
proposes to require dealers to submit negative reports for reporting 
periods in which they do not purchase and/or receive BAYS tunas.

BFT Angling Category Geographical Division

    In response to quota reductions in 1992, two management areas were 
created for the BFT Angling category fishery. The north-south division 
line is located at 38 deg.47' N. latitude (Delaware Bay). The 
geographic split was designed to enable NMFS to manage the early season 
(June/July off the Virginia to Delaware coasts) and late season 
(August/September off the New Jersey to Massachusetts coasts) to manage 
BFT fisheries under separate quotas, corresponding with the summer 
feeding migration of school, large school, and small medium BFT.
    For the last several BFT fishing seasons, NMFS has received 
comments that an adjustment to the Angling category BFT north-south 
division line is warranted. Specifically, vessels fishing for BFT from 
ports in southern New Jersey, which is in the northern area, tend to 
utilize fishing areas located in the southern area (i.e., offshore of 
Ocean City, Maryland). This pattern of activity raises two concerns 
with respect to the dividing line for the southern and northern areas. 
First, when the southern and northern areas are both open, a 
significant number of fish caught in the southern area are landed in 
the northern area and counted against the applicable northern area 
subquotas. Second, when the southern area is closed, vessels from 
southern New Jersey are effectively excluded from the school BFT 
fishery because the fish are generally

[[Page 76602]]

distributed too far north to accommodate single-day trips.
    Because of differing opinions on where a new dividing line should 
be placed and on the associated reallocation of subquotas, NMFS 
published an Advance Notice of Proposed Rulemaking (ANPR) in the 
Federal Register on April 10, 2000 (65 FR 18960), requesting public 
comments regarding the geographical division of the BFT Angling 
category fishery and whether an adjustment of the north-south division 
line and an associated adjustment of the BFT subquota percentages 
allocated to each area is warranted.
    During the comment period, NMFS received 13 comments on the ANPR, 
and NMFS staff attended an industry-sponsored meeting regarding the 
ANPR in Ocean City, MD. The comments received as well as the 
recommendations from the meeting indicate an industry preference for 
adjustment of the north-south dividing line to Ocean City, NJ, at 
39o18' N. lat., just north of Great Egg Inlet. Moving the line to this 
location would effectively isolate the recreational fisheries, since 
virtually all vessels fishing for BFT from Ocean City, NJ, and areas 
south fish in the southern, early season fishery (as suggested to NMFS 
in previous public comments). Adjustment of the line may reduce 
confusion regarding fishing areas and catch limits and may prevent 
vessels from being excluded from participating in the fishery, 
particularly when seasonal retention limits are different in the two 
areas. Thus, NMFS proposes to move the line to this new location and 
has preliminarily determined that this proposed action would ensure 
reasonable fishing opportunities in all geographic areas without 
risking overharvest of the Angling category quota.

Angling Category BFT Subquotas

    Public comment on an appropriate subdivision of Angling category 
quota between the two areas was less consistent than on the location of 
the dividing line. Several comments supported the status quo, whereas 
other comments suggested a transfer of a small amount of quota (i.e., 2 
to 5 metric tons (mt)) from the north to south. However, most comments 
suggested switching the current allocation percentage from 52.8 percent 
in the north and 47.2 percent in the south to 47.2 percent to the north 
and 52.8 percent to the south. Comments generally supported the notion 
that any change be fair and equitable based on the geographic extent of 
the adjustment to the dividing line.
    However, the geographic distance involved in the movement of the 
dividing line is slight (31 nautical miles), and at this fine spatial 
resolution, data are insufficient to determine the precise changes in 
landings for the respective areas. Nevertheless, as a consequence of 
moving the dividing line, additional catch is now expected to be 
applied against the southern area (with a corresponding decrease in the 
north), and some change in quota allocation is appropriate between 
these two areas. Therefore, NMFS proposes to reverse the Angling 
category subquota allocations to 47.2 percent for the north and 52.8 
percent for the south. Thus, as an example, if the total Angling 
category quota for school-size BFT were 100 mt, the reallocation from 
the north to the south would be approximately 5.6 mt. Public comment is 
specifically requested on the proposed reallocation of quota, as well 
as any suggestions for alternative quota reallocations.

BSD Requirements

    On March 17, 1995, NMFS published final regulations requiring an 
appropriately completed, approved BSD as a condition for import, 
export, or re-export of bluefin tuna into or from the United States (60 
FR 14381). Because the Atlantic and Pacific stocks of northern bluefin 
tuna are of the same species subject to the ICCAT recommendations, 
implementation of, and compliance with, the ICCAT BSD program also 
applies to Pacific bluefin tuna. Implementing regulations for the HMS 
FMP, published on May 28, 1999 (64 FR 29090), were not intended to 
alter the applicability of the BSD regulations, but due to the 
definitions and acronyms used to define Atlantic bluefin tuna (i.e., 
BFT) and all species of northern bluefin tuna (i.e., bluefin tuna), the 
regulatory text requires clarification. The proposed revision would 
clarify that the BSD requirements, consistent with ICCAT 
recommendations, apply to all northern bluefin tuna (i.e., northern 
bluefin tuna from both the Atlantic and Pacific oceans), not just BFT.

Facilitation of Enforcement and Compliance

Tagging and Offloading of BFT

    Current regulations specify that large medium and giant BFT caught 
and retained by vessels in a commercial Atlantic tunas vessel permit 
category must be tagged upon offloading. Numerous vessels that are not 
permanently docked at any particular port, but that are brought to a 
launch site by a trailer, are used to fish for BFT under the General 
category quota. Current regulations can be interpreted to allow vessels 
to be removed from the water and trailered away from the landing port, 
with an untagged BFT inside the vessel. This proposed rule would amend 
the regulations to require that, for trailered vessels, BFT be tagged 
immediately upon the vessel being removed from the water.

Definition of Pelagic Longline Gear

    The regulatory text for the final rule implementing the DeSoto 
Canyon, east Florida coast, and Charleston Bump closures (65 FR 47214, 
August 1, 2000) defines pelagic longline gear in a manner designed to 
avoid applying the vessel monitoring system requirement and fishing 
restrictions to vessels fishing with bottom longline gear. The 
regulations define pelagic longline gear as a longline that is 
suspended by floats in the water column and that is not fixed to or in 
contact with the ocean bottom. It consists of five components: a power-
operated longline hauler, a mainline, high-flyers, floats capable of 
supporting the length of the mainline, and leaders (gangions) with 
hooks. Those regulations further state that the removal of any one of 
these components from a vessel constitutes the removal of pelagic 
longline gear. Vessel operators removing one or all of the listed 
components would be eligible to fish in the closed areas and would not 
be required to operate a VMS while at sea.
    Since publication of the time and area requirements, NMFS has 
become aware that it is possible to use a longline that is suspended by 
floats without the use of high-flyers. Fishing vessels could 
potentially utilize the remaining components of pelagic longline gear 
in the areas when closed to target HMS with pelagic longlines in the 
closed areas, thereby undermining the objective of bycatch reduction 
and reducing the benefits of the closures. Removal of the term ``high-
flyer'' from the list of components constituting pelagic longline gear 
would avoid this potential problem. This measure would have no 
measurable impact on the environment or fishermen, since the intent of 
the closures is to prohibit all pelagic longline fishing by vessels 
with HMS fishing permits when the areas are closed. The environmental, 
economic, and social impacts associated with the closures were 
previously considered and are discussed in detail in the HMS FMP and 
Final Supplemental Environmental Impact Statement issued for the August 
1, 2000, final rule.

[[Page 76603]]

Swordfish Minimum Size

    In 1991, ICCAT adopted a prohibition on the taking and landing of 
swordfish, in the entire Atlantic Ocean, weighing less than 25 kg (55 
lbs) or measuring less than 125 cm (approximately 50 inches) Lower Jaw 
Fork Length (LJFL), with a tolerance of 15 percent undersized fish. In 
1996, the United States adopted an alternative minimum size of 119 cm 
(47 inches) LJFL, with no tolerance for undersized fish in order to 
better enforce the regulation and protect small swordfish. In recent 
regulations, NMFS converted the minimum size to a cleithrum to keel 
measurement which relates to the manner in which commercially-landed 
swordfish are dressed for resale (61 FR 27304, May 31, 1996).
    The recreational swordfish fishery is re-emerging, particularly on 
the East Coast of Florida, and NMFS seeks to provide recreational 
fishermen with a size limit that is easy to estimate while the fish is 
still in the water, thereby facilitating release of undersized 
swordfish. Therefore, NMFS proposes to modify the existing regulations 
to also specify the existing size limit in terms of LJFL. This change 
to the regulations would specify that the LJFL of a retained swordfish 
must be no less than 119 cm or 47 inches. The specification of the 
minimum size in this manner would facilitate compliance by recreational 
fishermen, while allowing for retention of legal-sized swordfish in the 
fishery.

Collection of Scientific or Management Information

    In addition to the measures here, this proposed rule would restore 
a prohibition on assaulting or impeding NMFS employees or contractors 
collecting scientific or management information on Atlantic HMS that 
was inadvertently omitted when the HMS regulations were consolidated 
under 50 CFR part 635 (64 FR 29090, May 28, 1999).

Public Hearings and Special Accommodations

    Participants at the public hearings are expected to conduct 
themselves appropriately. At the beginning of each public hearing, a 
NMFS representative will explain the ground rules (i.e., 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; 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.
    The public hearing sites are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Pat Scida (see FOR FURTHER 
INFORMATION CONTACT) at least 7 days prior to the hearing.
    After reviewing the public comments and additional information or 
data that may be available, NMFS will, if appropriate, make final 
determinations regarding the consistency of these proposed measures 
with the Magnuson-Stevens Act and its national standards, ATCA, the 
objectives of the HMS FMP, and other applicable law.

Classification

    This proposed regulatory amendment is published under the authority 
of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and ATCA, 16 
U.S.C. 971 et seq. Preliminarily, the AA has determined that the 
regulations contained in the proposed regulatory amendment are 
consistent with the Magnuson-Stevens Act, ATCA, and the HMS FMP.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed regulatory amendment, if implemented, 
would not have a significant economic impact on a substantial number of 
small entities as follows:
    The proposed regulatory amendment would amend the highly 
migratory species regulations to require mandatory dealer reporting 
of all purchases of BAYS tunas, change the north/south dividing line 
(and quota distribution) for the Angling category BFT fishery, 
clarify regulations regarding BSD reporting requirements, and modify 
regulatory text to facilitate enforcement of, and compliance with, 
the regulations. Because the proposed regulations would only: (1) 
modify and/or clarify reporting requirements; (2) require permitted 
Atlantic tuna dealers to submit reports at estimated annual burden 
of less then 2 hours per year; (3) implement a minor change to the 
geographic division of the BFT Angling category division line (by 
approximately 30 nautical miles) and subquota allocation (by less 
than 10 mt); and (4) modify regulations to facilitate enforcement 
of, and compliance with, regulations, there is no anticipated change 
in revenues that would accrue to small businesses in the fishery 
overall, and the amendment 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 Executive Order 12866.
    This proposed regulatory amendment would not significantly change 
the operations of any HMS fishery. Since the proposed regulatory 
amendment would modify reporting requirements and would not alter 
fishing practices, it is 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. NMFS issued a Biological Opinion (BO) 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.
    Since the June 30, 2000, BO was issued, NMFS has concluded that 
further analyses of observer data and additional population modeling of 
loggerhead sea turtles are needed to determine more precisely the 
impact of the pelagic longline fishery on sea turtles. Consequently, 
NMFS has re-initiated consultation. NMFS anticipates completing the 
consultation and issuing a new BO in early 2001. Until the consultation 
is completed and appropriate long-term measures can be determined, NMFS 
has implemented emergency measures in the short-term to reduce sea 
turtle bycatch and bycatch mortality in the pelagic longline fishery. 
The regulations proposed in this document, if implemented, would not 
likely 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, as they would only modify reporting

[[Page 76604]]

requirements and would not alter fishing practices.
    The area affected by this proposed action has been identified as 
essential fish habitat (EFH) for species managed by the New England 
Fishery Management Council, the Mid-Atlantic Fishery Management 
Council, the South Atlantic Fishery Management Council, the Gulf of 
Mexico Fishery Management Council, the Caribbean Fishery Management 
Council, and the HMS Management Division of NMFS. It is not anticipated 
that this action will have any adverse impacts on EFH, and, therefore, 
no consultation is required.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to, a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.
    This proposed rule contains a new collection-of-information 
requirement and restates several existing reporting requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). The new requirement has 
been submitted to OMB for approval as a revision to a collection 
currently approved under OMB control number 0648-0013.
    The new requirement that has been submitted to OMB for approval is 
an extension of dealer reporting requirements to Atlantic tunas, with 
an estimated public reporting burden of 12 minutes per response for 
dealers who would otherwise have been required to file a negative 
report (if permitted for swordfish or shark), 15 minutes for other 
dealers reporting purchases, and 3 minutes for other dealers to file.
    This proposed rule also restates a number of collection-of-
information requirements that have been approved by OMB. These 
requirements and their OMB control numbers and estimated response times 
are: swordfish and shark dealer reports (15 minutes; 0648-0013); 
negative reports by swordfish and shark dealers (3 minutes; 0648-0013); 
swordfish import dealer reports (15 minutes; 0648-0363) and swordfish 
certificates of eligibility (1 hour; 0648-0363); bluefin tuna landing 
reports (2 minutes; 0648-0239); Atlantic tuna bi-weekly dealer report 
(15 minutes; 0648-0239); affixing tags to bluefin tunas and 
transferring tag numbers to documents (10 minutes; 0648-0239).
    All estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Public comment is sought regarding: (1) the need for the proposed 
collection of information for the proper performance of the functions 
of the agency, including the practical utility of the information; (2) 
the accuracy of the burden estimate; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information, including 
through the use of automated collection techniques or other forms of 
information technology. Send comments on these or any other aspects of 
the collection of information to NMFS and to OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: November 30, 2000.
William T. Hogarth,
Deputy Assistant Administration 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.; 16 U.S.C. 1801 et seq.

    2. In Sec. 635.5, paragraphs (b)(1)(i), (b)(1)(ii), 
(b)(1)(iii),(b)(2)(i),(b)(2)(ii)(A) and (b)(2)(ii)(B) are revised to 
read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (b) * * *
    (1) Atlantic HMS. (i) Dealers that receive Atlantic tunas, Atlantic 
swordfish, and Atlantic sharks from U.S. vessels must report all such 
species received on forms available from NMFS.
    (ii) Dealers that import bluefin tuna or swordfish must report all 
such species imported on forms available from NMFS.
    (iii) Reports of Atlantic tunas, Atlantic swordfish, and Atlantic 
sharks received by dealers from U.S. vessels, or reports of bluefin 
tuna and swordfish imported, on the first through the 15th of each 
month, must be postmarked not later than the 25th of that month. 
Reports of such fish received or imported on the 16th through the last 
day of each month must be postmarked not later than the 10th of the 
following month. For swordfish imports, a dealer must attach a copy of 
each certificate of eligibility to the report required under paragraph 
(b)(1)(ii) of this section. If a dealer issued an Atlantic tunas, 
swordfish or sharks dealer permit under Sec.  635.4 has not received 
any Atlantic HMS from U.S. vessels during a reporting period as 
specified in this section, he or she must still submit the report 
required under paragraph (b)(1)(i) of this section stating that no 
Atlantic HMS were received. This negative report must be postmarked for 
the applicable reporting period as specified in this section.
* * * * *
    (2) Requirements for bluefin tuna--(i) Dealer reports--(A) Landing 
reports. Each dealer issued an Atlantic tunas permit under Sec. 635.4 
must submit a completed landing report on a form available from NMFS 
for each BFT received from a U.S. fishing vessel. Such report must be 
submitted by electronic facsimile (fax) to a number designated by NMFS 
not later than 24 hours after receipt of the BFT. The landing report 
must indicate the name and permit number of the vessel that landed the 
BFT and must be signed by the permitted vessel's owner or operator 
immediately upon transfer of the BFT. The dealer must inspect the 
vessel's permit to verify that the required vessel name and vessel 
permit number as listed on the permit are correctly recorded on the 
landing report.
    (B) Biweekly reports. Each dealer issued an Atlantic tunas permit 
under Sec. 635.4 must submit a bi-weekly report on forms supplied by 
NMFS for BFT received from U.S. vessels and for imports of bluefin 
tuna. For BFT received from U.S. vessels and for bluefin tuna imported 
on the first through the 15th of each month, the dealer must submit the 
bi-weekly report forms to NMFS postmarked not later than the 25th of 
that month. Reports of BFT received and bluefin tuna imported on the 
16th through the last day of each month must be postmarked not later 
than the 10th of the following month.
    (ii) * * *
    (A) Affixing dealer tags. A dealer or a dealer's agent must affix a 
dealer tag to each BFT purchased or received from a U.S. vessel 
immediately upon offloading the BFT. If a vessel is placed on a 
trailer, the dealer or dealer's agent must affix the dealer tag to the 
BFT immediately upon the vessel being removed from the water. The 
dealer tag must be affixed to the BFT between the fifth dorsal finlet 
and the caudal keel.
    (B) Removal of dealer tags. A dealer tag affixed to any BFT under 
paragraph (b)(2)(ii)(A) of this section or a BSD tag affixed to an 
imported bluefin tuna must remain on the fish until it is cut into 
portions. If the bluefin tuna or bluefin

[[Page 76605]]

tuna parts subsequently are packaged for transport for domestic 
commercial use or for export, the number of the dealer tag or the BSD 
tag must be written legibly and indelibly on the outside of any package 
containing the tuna. Such tag number also must be recorded on any 
document accompanying the shipment of bluefin tuna for commercial use 
or export.
* * * * *

    3. In Sec.  635.20, in paragraph (f)(1), the first two sentences 
are revised to read as follows:


Sec.  635.20  Size limits.

* * * * *
    (f) Swordfish. (1) No person shall take, retain, or possess a north 
or south Atlantic swordfish taken from its management unit that is less 
than 29 inches (73 cm), CK, 47 inches (119 cm), LJFL, or 33 lb (15 kg) 
dressed weight. A swordfish that is damaged by shark bites may be 
retained only if the remainder of the carcass is at least 29 inches (73 
cm) CK, 47 inches (119 cm), LJFL, or 33 lb (15 kg) dw. * * *
* * * * *

    4. In Sec.  635.21, in paragraph (c) introductory text, the first 
sentence is revised to read as follows:


Sec.  635.21  Gear operation and deployment restrictions.

    (c) Pelagic longlines. For purposes of this part, a vessel is 
considered to have pelagic longline gear on board when a power-operated 
longline hauler, a mainline, floats capable of supporting the mainline, 
and leaders (gangions) with hooks are on board. * * *
* * * * *

    5. In Sec. 635.27, paragraphs (a)(2)(i), (a)(2)(ii), and 
(a)(2)(iii) are revised to read as follows:


Sec. 635.27  Quotas.

    (a) * * *
    (2) * * *
    (i) Under paragraph (a)(7)(ii) of this section, 52.8 percent of the 
school BFT Angling category landings quota, minus the school BFT quota 
held in reserve, may be caught, retained, possessed, or landed south of 
39 deg.18' N. lat.;
    (ii) An amount equal to 52.8 percent of the large school/small 
medium BFT Angling category quota may be caught, retained, possessed, 
or landed south of 39 deg.18' N. lat.;
    (iii) An amount equal to 66.7 percent of the large medium and giant 
BFT Angling category quota may be caught, retained, possessed, or 
landed south of 39 deg.18' N. lat.
* * * * *

    6. In the following sections, remove the word ``tuna'', each time 
it appears, and add in its place the words ``bluefin tuna''.


Sec. 635.42  [Amended]

    a. Section 635.42, paragraphs (a)(1), (a)(2), (a)(3), and (b)(3).


Sec. 635.43  [Amended]

    b. Section 635.43, paragraphs (a)(2), and (a)(12).

    7. In the following sections, remove the acronym ``BFT'', each time 
it appears, and add in its place the words ``bluefin tuna''.


Sec. 635.41  [Amended]

    a. Section 635.41 introductory text, paragraph (a) introductory 
text, paragraphs(a)(1), (a)(2), and (b).


Sec. 635.42  [Amended]

    b. Section 635.42, paragraph (a) heading, paragraphs (a)(1), 
(a)(2), (a)(3), (b) heading, (b)(1), (b)(2), and (b)(3).


Sec. 635.43  [Amended]

    c. Section 635.43, paragraphs (a)(2), (a)(5), (b), and (c).
    d. Section 635.44, paragraphs (a) and (b).


Sec. 635.44  [Amended]

    e. Section 635.45.


Sec. 635.45  [Amended]

    f. Section 635.47


Sec. 635.47  [Amended]

    g. Section 635.71 paragraphs (a)(24),(b)(25), and (b)(26).

    8. In Sec.  635.71, paragraph (a)(35) is added to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (a) * * *
    (35) For any person to assault, resist, oppose, impede, intimidate, 
interfere with, obstruct, delay, or prevent, by any means, NMFS 
personnel or anyone collecting information for NMFS, under an agreement 
or contract, relating to the scientific monitoring or management of 
Atlantic HMS.
* * * * *
[FR Doc. 00-31104 Filed 12-1-00; 4:58 pm]
BILLING CODE: 3510-22-S