[Federal Register Volume 68, Number 217 (Monday, November 10, 2003)]
[Proposed Rules]
[Pages 63747-63751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28130]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 031028268-3268-01; I.D. 091603F]
RIN 0648-AR12


Atlantic Highly Migratory Species; Bluefin Tuna Season and Size 
Limit Adjustments

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to amend regulations under the framework 
provisions of the Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks (HMS FMP) governing the Atlantic bluefin tuna 
(BFT) fishery regarding the opening date of the Purse seine category, 
closure dates of the Harpoon and General categories, and size 
tolerances of large medium BFT for the Purse seine and Harpoon 
categories. The intent of this proposed rule is to further achieve 
domestic management objectives under the HMS FMP and Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Written comments must be received on or before November 28, 
2003. The public hearing dates are:
    1. November 24, 2003, 7 p.m.-9 p.m., Atlantic Beach, NC.
    2. November 25, 2003, 7 p.m.-9 p.m., Gloucester, MA.

ADDRESSES: Written comments on the proposed rule should be sent to 
Dianne Stephan, Highly Migratory Species Management Division, Office of 
Sustainable Fisheries (F/SF1), NMFS, One Blackburn Dr. Gloucester, MA 
01930. Comments also may be sent via facsimile (fax) to (978) 281-9340. 
Comments will not be accepted if submitted via e-mail or the Internet.
    The public hearing locations are:
    1. Sheraton Atlantic Beach Oceanfront Hotel, 2717 W. Fort Macon 
Road, Atlantic Beach, NC 28512.
    2. Sawyer Free Library, 2 Dale Avenue, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Dianne Stephan at (978) 281-9397.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual 
authority of the Magnuson-Stevens Act and the Atlantic Tunas Convention 
Act (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).

Background

    On May 28, 1999, NMFS published in the FEDERAL REGISTER (64 FR 
29090) final regulations, effective July 1, 1999, implementing the HMS 
FMP that was adopted and made available to the public in April 1999. 
This action proposes to amend the current HMS regulations regarding 
quota category opening and closure dates for the Purse seine, Harpoon 
and General categories and size tolerances for large medium BFT, 
measuring 73 to less than 81 inches (185 to less than 206 cm), in the 
Harpoon and Purse seine categories. NMFS issues this proposed rule to 
solicit public comment on the merits and potential impacts of these 
changes to the HMS regulations, which are intended to further the 
objectives of the HMS FMP. After consideration of public comment, NMFS 
will publish a final rule in the Federal Register.
    Several additional issues regarding the domestic management of BFT 
were discussed at length during the most recent HMS Advisory Panel (AP) 
meeting held in Silver Spring, MD, many of which are beyond the scope 
of this action and will be addressed through a future HMS FMP 
amendment. These issues may include, but are not limited to, adjustment 
of domestic BFT quota allocation percentages, adjustment of General 
category time-period subquotas, and addressing the BFT quota allocation 
aspects of the Petition for Rulemaking (Petition) submitted by the 
North Carolina Department of Marine Fisheries (see Notice of Receipt of 
Petition, 67 FR 69502, November 18, 2002). Because these issues require 
further analysis and public input, NMFS has announced its intent to 
address these additional issues through an HMS FMP amendment (68 FR 
40907, July 9, 2003).

Adjustment of the Purse Seine Category Start Date

    The Purse seine category start date was originally designed to 
minimize potential gear conflicts between the purse seine fishery and 
the handgear fishery for BFT. During the early 1970's, the opening of 
the purse seine BFT season was determined by the Regional Director and 
fluctuated between September 1 and the day after Labor Day. Since the 
late 1970's, August 15 has been the official start date for the Purse 
seine category BFT fishery (44 FR 36049, June 20, 1979), while June 1 
has been the start date of the handgear fisheries (i.e., General and 
Harpoon categories). August 15 was determined as an appropriate start 
date for the Purse seine category as the majority of BFT handgear 
landings took place early in the season (i.e., July through early 
August). However, over the past several years there has been a shift in 
the commercial handgear landings to the fall months, which results in a 
large portion of General category BFT being landed simultaneously with 
Purse seine category landings. This can potentially re-create the gear 
conflicts originally intended to be avoided by the August 15 Purse 
seine start date as well as cause market gluts of BFT being exported 
from the United States, thus depressing ex-vessel prices and revenues 
($13,948,190 and $3,066,034, respectively for 2002) in these two 
categories.
    Thus, NMFS proposes to adjust the start date of the Purse seine 
category BFT fishery to commence on July 15 of each fishing year. This 
proposed action would be consistent with the original intent behind the 
creation of the Purse seine category start date to minimize conflicts 
with other gear types and permit categories, as well as maximize 
economic yields from General and Purse seine category landings (i.e., 
avoid market gluts). This proposed action should have a positive 
economic impact to the BFT fishery as a whole, although the Harpoon 
category may experience a minor negative economic impact. This proposed 
action is not expected to have substantial ecological impacts because 
there would be no changes to the current mortality level of BFT or of 
any non-target species.

Establishment of a Harpoon Category End Date

    On June 13, 1980, NMFS established the Harpoon category (45 FR 
40118) with the intent to create a quota category in which harpoons 
were the only permissible gear type in order to

[[Page 63748]]

preserve a historical fishery that takes place in northern New England 
(i.e., Gulf of Maine). Until recently, all Harpoon category landings 
have occurred in traditional locations in New England prior to BFT 
migrating out of the Gulf of Maine. However, in recent years, the 
Harpoon category quota has not been fully harvested in New England, 
which has led to vessels in other geographic regions landing 1,043 
pounds of BFT against the Harpoon category quota in 2002. This has 
raised several concerns including conflict with the original intent of 
the regulations for this fishery to be in the New England area, as well 
as administrative issues regarding potential mis-reporting and 
enforcement concerns regarding illegal activities. Over the last couple 
of years, the Harpoon category has remained open with quota available 
after the General category quota has been met. This has led some 
vessels that use rod and reel gear to obtain a Harpoon category permit 
and land BFT caught with rod and reel against the Harpoon category 
quota. Typically, these concerns have not been raised as the Harpoon 
category quota is harvested prior to BFT moving out of the New England 
area, thus there has been no reason to implement a Harpoon category 
season end date.
    NMFS proposes to establish a Harpoon category season end date of 
November 15, which is near the time period when BFT migrate out of the 
New England area, for each fishing year regardless of whether the quota 
is harvested. The intent of this proposed action is to preserve the 
traditional Harpoon category fishery by restricting its geographic 
activity to the New England area and minimize any negative impacts by 
proposing action before an investment in a southern area Harpoon 
category fishery takes place. Any potential negative impacts to the 
northern area fishermen from a closure date and prior to attaining the 
entire quota maybe somewhat mitigated by an adjustment to the tolerance 
limit for large medium BFT, as discussed below.
    The impacts associated with this proposed action should be 
negligible due to the lack of investment in outfitting vessels to 
participate in the Harpoon category and the limited number of BFT 
Harpoon landings that have occurred outside the traditional New England 
area in recent history. Since there had been no Harpoon category 
participation outside the New England area prior to 2002, there has 
been minimal investment in a true Harpoon category fishery. Finally, 
any minor potential negative impacts to vessel owners/operators that 
wish to fish outside the traditional New England area and use a harpoon 
as a primary gear type may be mitigated because they would still be 
able to do so with a General category permit under General category 
retention limits and regulations.

Adjustment of General Category Closure Date

    During the development of the HMS FMP, the emergence of a General 
category BFT fishery in the southern Atlantic region was extensively 
discussed by the HMS AP and the public. However, the HMS AP did not 
reach consensus on how the HMS FMP should address the scope of a 
southern area General category BFT fishery. Over the last couple of 
years, NMFS has performed a number of inseason quota transfers of BFT, 
consistent with the transfer criteria established in the HMS FMP, which 
have allowed the General category BFT fishery to extend into the winter 
months (i.e., late November - December). In 2002, NMFS received the 
Petition to formalize this winter fishery and extend fishing 
opportunities for the General category into January. NMFS published a 
Notice of Receipt of Petition on November 18, 2002 (67 FR 69502).
    In part, to address some of the concerns raised in the Petition, as 
well as to increase fishing opportunities and optimum yield for the 
fishery overall, NMFS proposes to extend the General category end date 
from December 31 to January 31. This would effectively alter the third 
time-period from October through December to October through January. 
The quota allocated to this time-period would remain 10 percent of the 
overall General category quota (minus the 10 mt New York Bight Set-
aside).
    This action could have negative economic impacts on those northern 
area fishermen who would have otherwise caught and sold fish earlier in 
the season, but would have positive economic impacts to southern area 
fishermen who would be able to fish later in the season. Negative 
impacts could be slightly mitigated if northern area fishermen are 
willing to travel south late in the season, provided there is 
reciprocity among the different state permitting regulations.

Adjustment of the BFT Size Tolerance Limits for the Purse Seine 
Category

    Currently, vessels permitted in the Purse seine category may 
retain, possess, land, and sell large medium BFT in amounts not 
exceeding 15 percent, by weight, of the giant BFT landed on a 
particular trip, provided that the total amount of large medium BFT 
landed does not exceed 10 percent, by weight, of the total BFT quota 
allocated to that vessel for that fishing year. This restriction is 
intended to focus the fishery on BFT that have likely spawned at least 
once, and provide some protection to the large medium BFT size class, 
which is generally considered to represent pre-spawning fish imminently 
available to contribute to recruitment in the western Atlantic BFT 
stock.
    Over the last few years, the Purse seine category has not fully 
harvested its allocated quota. This can be attributed to a number of 
different reasons outside of the industry's or NMFS' control. In 2001, 
Purse seine category landings were steady until the September 11 
terrorist attack. After September 11, spotter planes were unable to 
assist in locating schools of BFT for Purse seine category vessels due 
to a requirement by the Federal Aviation Administration to have all 
flights schedule a predetermined flight pattern prior to take-off. In 
2002, Purse seine category vessels claimed there were large numbers of 
mixed schools of BFT, comprised of different size classes, and that it 
was difficult to locate schools consisting solely of giant BFT. Purse 
seine category vessels claimed they therefore did not set on these 
mixed schools to ensure they stayed within the regulations tolerance 
limits and to avoid the potential of increasing BFT dead discards. 
However as a result, they were not able to land the allocated quota. In 
2003, a similar scenario to 2002 is occurring, although this year there 
also appears to be fewer giant BFT available in any school.
    To address some of the concerns raised by the Purse seine category 
participants and to provide a balance between dead discard reduction 
and increased numbers of pre-spawning BFT landed, NMFS proposes to 
remove the large medium tolerance limit on a trip basis and increase 
the seasonal large medium BFT tolerance to 15 percent by weight of the 
total BFT quota allocated to that vessel. This proposed action is 
designed to maintain the focus of the fishery on BFT that have likely 
spawned at least once while still providing Purse seine category 
vessels opportunities to harvest their allocated BFT quota in its 
designated time frame, thus increasing optimum yield. NMFS currently 
has very little data on BFT discards associated with this segment of 
the BFT fishery and therefore proposes to implement a previously 
approved vessel logbook program to gather more data on this issue, 
particularly regarding impacts of Purse seine category activities on 
discards of undersized

[[Page 63749]]

BFT. In the future, if circumstances and/or the data warrant, observers 
may also be deployed as well.

Adjustment of the BFT Size Tolerance Limits for the Harpoon Category

    In 1992, NMFS implemented a tolerance limit on the large medium BFT 
size class for the Harpoon category (57 FR 32905, July 24, 1992) and 
restricted vessels permitted in the Harpoon category to one large 
medium BFT per vessel per day. These vessels may land an unlimited 
number of giant BFT, so long as the Harpoon category quota is not 
exceeded. This action was taken to reduce the fishing mortality on 
large medium BFT, thus allowing for an increase in the spawning 
potential of the western Atlantic BFT stock, while allowing for the 
incidental take of large medium BFT to minimize regulatory discards and 
negative economic impacts. Over the last couple of years, however, the 
Harpoon category has not been fully harvested, which can be attributed 
to a number of reasons such as oceanographic conditions, weather 
patterns, and migratory patterns, all of which appear to have reduced 
the availability of giant BFT. Also, similar to members of the Purse 
seine category, operators of Harpoon category vessels claim large 
numbers of mixed schools of BFT are comprised of different size 
classes, and that it has been difficult to locate schools of giant BFT 
on the fishing grounds. Having the ability to visually determine the 
size class of BFT prior to throwing a harpoon is a vital characteristic 
of this fishing method which will to minimize mortality on undersized 
BFT and reduce dead discards.
    This proposed action is intended to provide Harpoon category 
vessels a reasonable opportunity to harvest the allocated Harpoon 
category quota in its designated time frame by allowing vessels 
permitted in the Harpoon category to retain two large medium BFT per 
vessel per day. Again, NMFS currently has very little data on BFT 
discards associated with this segment of the BFT fishery and may 
implement a previously approved vessel logbook program in the future to 
assist in determining the impact of the regulations and tolerance 
limits on discards in this fishery.
    The potential impacts associated with this proposed action could 
consist of positive economic impacts by providing Harpoon category 
vessels more opportunities to harvest their allocated BFT quota in its 
designated time frame, thus increasing optimum yield. In addition, the 
proposed action is expected to have positive economic and biological 
impacts by facilitating Harpoon category vessels to retain, land, and 
sell more large medium BFT that would otherwise be discarded while 
maintaining the focus of the fishery on BFT that have likely spawned at 
least once.

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act and ATCA. The AA has preliminarily determined that 
the regulations contained in this proposed rule are necessary to 
implement the recommendations of ICCAT and to manage the domestic 
Atlantic HMS fisheries.
    NMFS has prepared a regulatory impact review and an Initial 
Regulatory Flexibility Analysis (IRFA) that examine the impacts of the 
alternatives for adjusting the Purse seine category start date, 
establishing a Harpoon category end date, adjusting the General 
category end date, and adjusting the retention limit for large medium 
BFT in the Harpoon and Purse seine category fisheries on small 
entities. The purpose of this proposed action is to ensure the BFT 
fishery is managed consistently with the objectives of the HMS FMP and 
its implementing regulations, applicable statutes including the 
Magnuson-Stevens Act and ATCA, and the 1998 ICCAT Rebuilding Plan for 
western Atlantic BFT.
    The analysis for the IRFA assesses the impacts of the various 
alternatives on the vessels that participate in the BFT fisheries, all 
of which are considered small entities. Specifically, these issues 
affect vessels in three permit categories, namely the Purse seine, 
Harpoon, and General categories. The gross revenues for 2002, and 
number of vessels to date for 2003 for each category are as follows: 
General category, $13.9 million, 6,797 vessels; Purse Seine category, 
$3.0 million, 5 vessels; and the Harpoon category, $0.5 million, 59 
vessels.
    Three alternatives were analyzed for the adjustment of the Purse 
seine category start date, including the status quo/no action 
alternative of an August 15 start date, the preferred alternative of a 
July 15 start date, and the same start date as all other categories - 
June 1. These alternatives were evaluated to improve optimum yield and 
ex-vessel prices for the Purse seine and General categories while 
minimizing negative impacts to other commercial categories, 
specifically the Harpoon category. Because of the various factors that 
affect ex-vessel prices for BFT (i.e., supply, quality, etc.), the 
exact effect of different Purse seine category season start dates on 
ex-vessel prices is uncertain. NMFS estimated these impacts by assuming 
that the amount of product on the market was the primary factor 
affecting ex-vessel prices. Under the no action alternative, both the 
General and Purse seine categories appear to be negatively affected by 
depressed ex-vessel prices which may result from a mid-season glut of 
BFT on the market. However, under this alternative the Harpoon category 
benefits with higher ex-vessel prices early in the season before the 
Purse seine category commences. Opening the Purse seine category on 
June 1 could shift Purse seine category landings to earlier in the year 
and result in positive impacts for the Purse seine and General 
categories by relieving the mid-season market glut and distributing 
landings more uniformly over the fishing year. However, the Harpoon 
category could suffer the most negative impacts under this alternative 
because of the overall net increase in early season landings resulting 
from the overlap with the Purse seine category fishery season. This 
overlap would occur during the time period when the Harpoon category 
traditionally experiences the best ex-vessel prices and on average 
annually lands the bulk (87%) of its product. The preferred alternative 
of a July 15 start date appears to minimize the negative impacts on the 
Harpoon category by reducing the amount of overlap with the Purse seine 
category season relative to Alternative three, while still reducing the 
mid-season market glut, which should positively impact Purse Seine and 
General category ex-vessel prices. Increase in overlap with the Harpoon 
category during the time period when the Harpoon category averages 
approximately 26 percent of its gross revenues annually would be 
reduced to 30 days. Due to the large amount of landings, gross revenues 
and numbers of participants attributed to the Purse seine and General 
category commercial BFT sectors, this alternative is expected to 
provide the greatest positive impacts to the BFT fishery as a whole, 
even though the smaller Harpoon category may experience slightly 
negative economic impacts. In addition, it should be noted that any 
negative impact to the Harpoon category from the preferred alternative 
could be partially mitigated by the preferred alternative for Issue 2, 
which would increase the tolerance limit for large medium BFT to two 
fish per day, in an effort to improve the ability of the Harpoon 
category to catch its annual quota.
    Three alternatives were also considered for the Harpoon category 
end date. The status quo alternative

[[Page 63750]]

would maintain an open Harpoon category season year round, provided 
there is Harpoon category quota available. Alternative two would close 
the Harpoon category season on November 15, and alternative three would 
establish a flexible season end date based on the actual dates of the 
BFT Fall migration. Alternatives two and three were designed to 
maintain the Harpoon category quota for the traditional New England 
fishery and impact only the Harpoon category vessels. The status quo 
alternative is expected to result in negative impacts for the 
traditional northern Harpoon category fishery since BFT could be 
harvested under the Harpoon category quota in areas outside the New 
England area. In addition, the status quo may encourage the development 
of, and investment in, a southern area Harpoon category fishery, which 
has not yet occurred. The second, and preferred alternative, is 
expected to provide positive impacts for the traditional New England 
Harpoon category fishery since it would close the fishery near the time 
period when BFT would migrate out of the New England area. Negative 
impacts to southern area fishermen interested in participating in the 
Harpoon category fishery under alternatives two and three are expected 
to be negligible since there had been no BFT landings against the 
Harpoon category quota prior to 2002, few vessels have participated in 
the Harpoon category fishery in the south Atlantic since that time, and 
there has been little investment in gear and equipment in a Harpoon 
category fishery outside of the New England area. Finally, vessel 
owners/operators that fish outside the traditional New England area 
that wish to use a harpoon as a primary gear type would still be 
allowed to do so under the General category permit, albeit under 
General category retention limits and restrictions. The third 
alternative could also provide positive impacts to the traditional New 
England Harpoon category fishery since it would more closely track the 
BFT fall migration, and could eliminate the landing of any BFT under 
the Harpoon category quota outside of the area of the traditional 
fishery, but could be difficult to administer due to the difficulty in 
tracking the BFT migration.
    The General category season is scheduled to end on December 31 of 
each fishing year or when the General category quota is harvested, 
whichever comes first. A winter fishery for large medium and giant BFT 
has existed in the south Atlantic since the early 1990s, and when quota 
is available, fish have been harvested under the General category. Two 
alternatives were considered that both extended the General category 
season to provide southern Atlantic fishermen with more access to the 
General category BFT quota in the late fall and winter. Alternative two 
would move the General category end date to January 31 of each fishing 
year. Overall economic impacts of this alternative to the General 
category BFT fishery as a whole would be neutral since the same overall 
amount of the General category quota would be landed and the value of 
the General category quota would not be changed. However, General 
category fishermen in the northern region may experience negative 
economic and social impacts since any unharvested quota as of December 
31 would have been rolled over to the following year under the status 
quo alternative. General category fishermen in the southern region 
would be positively affected by this alternative as it would allow 
utilization of existing investment in gear and equipment especially if 
quota was still available for harvest after December 31. Under 
Alternative three, extending the General category end date to May 31, 
overall impacts would again be neutral, but northern General category 
fishermen could be more negatively affected and southern region 
fishermen could be more positively affected, depending on the amount of 
quota that remains after the season would have usually been closed. 
Alternative two was chosen as the preferred alternative since it 
minimizes negative impacts to northern area fishermen by providing a 
more limited southern fishery extension and provides positive impacts 
for southern area fishermen by allowing further utilization of gear and 
equipment previously invested in a southern area large medium and giant 
BFT fishery. Negative impacts on northern area fishermen could be 
slightly mitigated if they are willing to travel south late in the 
season, provided there is reciprocity among different states' 
permitting costs, and out-of-state fishermen are allowed under a 
coastal state's regulations to participate in a BFT commercial fishery, 
regardless of whether it occurs in federal or state waters.
    As discussed above, the Purse seine and Harpoon categories have 
recently experienced difficulties in landing the full annual quota 
provided for each of these categories with the result of decreased 
annual gross revenues. Each of the alternatives associated with this 
issue modify the tolerance limits for large medium BFT and are analyzed 
to determine the change in opportunities to harvest the respective 
quotas in the designated time frames while balancing any ecological 
impacts of changed fishing mortality and potential dead discards. As 
NMFS currently has little information on discards for these categories, 
each preferred alternative for the Harpoon and Purse seine categories 
respectively includes implementation of a previously approved logbook 
program and the potential for an observer program.
    The status quo alternative has had negative economic impacts with a 
resulting decrease in optimum yield on both the Purse seine and Harpoon 
categories since they have not been able to land and sell the full 
allotted quota. Alternatives two, three, and four, all related solely 
to the Purse seine category, were all designed to increase access to 
large medium BFT for the Purse Seine category and to increase the 
possibility of full quota attainment while balancing the need to 
control overall mortality and increased pressure on the large medium 
size class of BFT. Alternative two removes the 10% annual tolerance 
limit and maintains the 15 percent trip limit which could increase 
landings and gross revenue for the Purse seine category. Alternative 
three (preferred), which eliminates the trip limit and establishes the 
annual limit at 15 percent, would provide access to the same total 
amount of landings as Alternative two, but may also increase net 
revenues by increasing flexibility in meeting the annual tolerance 
limit. Alternative four could provide the greatest increase in access 
by decreasing the minimum size to 73 inches (185 cm) for the Purse 
Seine category; however, it was not chosen as the preferred alternative 
because of the associated potential negative ecological impact of a 
relatively large increase in overall BFT mortality with the large 
medium size class of BFT.
    Alternatives five and six, related solely to the Harpoon category, 
were designed to increase access to large medium BFT for the Harpoon 
category and, similar to considerations with the Purse seine category, 
balance concerns regarding attainment of the quota allocation with an 
increase in mortality and negative ecological impacts. Alternative five 
would allow an increase in the daily retention limit for the Harpoon 
category from the status quo of one large medium BFT per day to two 
large medium BFT per day, and is preferred as it is expected to provide 
an acceptable balance between positive economic effects and a modest 
increase in mortality of large medium BFT due to a harpooner's ability 
to determine visually the size class of BFT prior to

[[Page 63751]]

throwing a harpoon. Alternative six would allow full access to the 
large medium size class by reducing the minimum size limit for the 
Harpoon category to 73 inches (185 cm), and would provide the most 
positive economic impacts. However, it was not chosen because of the 
potential negative ecological impact of a relatively large increase in 
mortality on large medium fish. Finally, alternative seven, unlike all 
other alternatives, would eliminate the tolerance for large medium size 
class and raise the minimum size of BFT to 81 inches (206 cm) in both 
the Purse seine and Harpoon categories. This alternative was considered 
due to the potential positive ecological impacts that would increase 
support of western Atlantic BFT stock rebuilding, but would likely have 
negative economic and social impacts and further impede full attainment 
of quota and optimum yield.
    This proposed rule does not duplicate, overlap, or conflict with 
any other Federal rules.
    This proposed rule does not contain any new collection of 
information, reporting, record keeping, or other compliance 
requirements. NMFS intends, under existing regulations, to implement a 
vessel logbook program for five Purse seine category vessels that has 
previously been approved under OMB collection 0648-0371. As stated 
earlier, NMFS is considering a vessel logbook program for the Harpoon 
category in the future but is not proposing to implement a Harpoon 
vessel logbook program at this time.
    NMFS prepared a draft Environmental Assessment (EA) for this 
proposed rule, and the AA has preliminarily concluded that there would 
be no significant impact on the human environment if this proposed rule 
were implemented. The EA presents analyses of the anticipated impacts 
of these proposed regulations and the alternatives considered. A copy 
of the EA and other analytical documents prepared for this proposed 
rule, are available from NMFS (see ADDRESSES).
    NMFS has also preliminarily determined that these proposed 
regulations are consistent with the Atlantic Tunas Convention Act as 
well as with any International Commission for the Conservation of 
Atlantic Tunas Recommendations.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    On September 7, 2000, NMFS reinitiated formal consultation for all 
HMS commercial fisheries under section 7 of the Endangered Species Act 
(ESA). A Biological Opinion (BiOp) issued June 14, 2001, concluded that 
continued operation of the Atlantic pelagic longline fishery is likely 
to jeopardize the continued existence of endangered and threatened sea 
turtle species under NMFS jurisdiction. NMFS is currently implementing 
the reasonable and prudent alternative required by the BiOp. This 
proposed rule would not have any additional impact on sea turtles as 
these actions do not affect the use of pelagic longline gear, would not 
likely increase or decrease pelagic longline effort, nor are they 
expected to shift effort into other fishing areas. No irreversible or 
irretrievable commitments of resources are expected from this proposed 
action that would have the effect of foreclosing the implementation of 
the requirements of the BiOp.
    The area in which this proposed action is planned has been 
identified as an 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 the Office of 
Sustainable Fisheries at NMFS. Based on the 1999 Fishery Management 
Plan for Atlantic Tunas, Swordfish, and Sharks, which analyzed the 
impacts of purse seine, harpoon, and rod and reel gear on EFH, this 
action is not anticipated to have any adverse impacts to EFH and, 
therefore, no consultation is required.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: November 3, 2003.
William T. Hogarth,
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.; 16 U.S.C. 1801 et seq.
    2. In Sec.  635.23, paragraphs (d) and (e)(1) are revised to read 
as follows:


Sec.  635.23  Retention limits for BFT.

* * * * *
    (d) Harpoon category. Persons aboard a vessel permitted in the 
Atlantic Tunas Harpoon category may retain, possess, or land an 
unlimited number of giant BFT per day. An incidental catch of only two 
large medium BFT per vessel per day may be retained, possessed, or 
landed.
    (e) * * *
    (1) May retain, possess, land, or sell large medium BFT in amounts 
not exceeding 15 percent, by weight, of the total amount of giant BFT 
landed during that fishing year.
* * * * *
    3. In Sec.  635.27, paragraphs (a)(1)(i)(C), (a)(4)(i), and (a)(5) 
are revised to read as follows:


Sec.  635.27  Quotas.

    (a) * * *
    (1) * * *
    (i) * * *
    (C) October 1 through January 31-10 percent.
* * * * *
    (a) * * *
    (4) * * *
    (i) Purse Seine category quota. The total amount of large medium 
and giant BFT that may be caught, retained, possessed, or landed by 
vessels for which Purse Seine category Atlantic Tunas permits have been 
issued is 18.6 percent of the overall U.S. BFT landings quota. The 
directed purse seine fishery for BFT commences on July 15 of each year.
* * * * *
    (5) Harpoon category quota. The total amount of large medium and 
giant BFT that may be caught, retained, possessed, landed, or sold by 
vessels for which Harpoon category Atlantic Tunas permits have been 
issued is 3.9 percent of the overall U.S. BFT quota. The Harpoon 
category fishery closes on November 15 each year.
* * * * *
[FR Doc. 03-28130 Filed 11-7-03; 8:45 am]
BILLING CODE 3510-22-S