[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Rules and Regulations]
[Pages 33401-33408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11630]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 070330073-7116-02; I.D. 030507A]
RIN 0648-AU87


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota 
Specifications and Effort Controls

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

ACTION: Final rule.

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SUMMARY: NMFS announces the final rule to set 2007 fishing year 
specifications for the Atlantic bluefin tuna (BFT) fishery, including 
quotas for each of the established domestic fishing categories and 
effort controls for the General category and Angling category. This 
action is necessary to implement recommendations 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

[[Page 33402]]

Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). This action also makes a minor administrative change to 
the permit regulations.

DATES: The rule is effective July 18, 2007, except that the General 
category retention limit found within the preamble of this rule is 
effective July 18, 2007 through August 31, 2007, and the Angling 
category retention limit found within the preamble of this rule is 
effective July 18, 2007 through December 31, 2007.

ADDRESSES: Supporting documents, including the Environmental Assessment 
(EA), Regulatory Impact Review (RIR), and Final Regulatory Flexibility 
Analysis (FRFA), are available from Sarah McLaughlin, Highly Migratory 
Species Management Division, Office of Sustainable Fisheries (F/SF1), 
NMFS, One Blackburn Drive, Gloucester, MA 01930. These documents are 
also available from the HMS Management Division website at http://www.nmfs.noaa.gov/sfa/hms/ or at the Federal e-Rulemaking Portal: 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual 
authority of the Magnuson-Stevens Act and the ATCA. The ATCA authorizes 
the Secretary of Commerce (Secretary) to promulgate regulations, as may 
be necessary and appropriate, to implement ICCAT recommendations. The 
authority to issue regulations under the Magnuson-Stevens Act and the 
ATCA has been delegated from the Secretary to the Assistant 
Administrator for Fisheries, NOAA (AA). The consolidated FMP 
regulations are at 50 CFR part 635.

Background

    Background information about the need for the BFT quota 
specifications and effort controls for the 2007 fishing year (June 1 
through December 31, 2007) was provided in the preamble to the proposed 
rule (72 FR 16318, April 4, 2007), and is not repeated here. The 
proposed rule reflected landings information through January 15, 2007. 
Since that date, additional landings have occurred, resulting in a 
slight modification of the 2006 landings figures. Revised landings 
estimates (calculated as of April 30, 2007, and therefore preliminary) 
are as follows: General category -- 165.0 mt (an increase of 5.2 mt); 
Harpoon category -- 22.2 mt; Longline category -- 57.0 mt [an increase 
of 25.6 mt, i.e., 1 mt in the North, 0.7 mt in the Northeast Distant 
gear restricted area (NED), and 23.9 mt in the South]; Angling category 
-- 191.0 mt (an increase of 4.2 mt); Trap category -- 0 mt; and Purse 
Seine category -- 3.6 mt. These landings estimates, totaling 438.8 mt, 
indicate that the preliminary 2006 fishing year underharvest is 2,400.4 
mt. However, as the underharvest from the 2006 fishing year is capped 
at 595.1 mt, these adjusted landings do not change the 2007 fishing 
year quotas.

2007 Final Quota Specifications

    In accordance with the 2006 ICCAT quota recommendation, the 
Consolidated HMS FMP percentage shares for each of the domestic 
categories, and regulations regarding annual adjustments at Sec.  
635.27(a)(10), NMFS establishes final quota specifications for the 2007 
fishing year as follows: General category -- 643.6 mt; Harpoon category 
-- 53.3 mt; Purse Seine category -- 254.1 mt; Angling category -- 269.2 
mt; Longline category -- 200 mt; and Trap category -- 1.4 mt. 
Additionally, 207.6 mt are allocated to the Reserve category for 
inseason adjustments, scientific research collection, potential 
overharvest in any category except the Purse Seine category, and 
potential quota transfers.
    Based on the above specifications and considerations regarding the 
school BFT fishery, the Angling category quota of 269.2 mt is further 
subdivided as follows: School BFT -- 119 mt, with 45.8 mt to the 
northern area (north of 39[deg]18' N. latitude), 51.2 mt to the 
southern area (south of 39[deg]18' N. latitude), and 22 mt held in 
reserve; large school/small medium BFT -- 144 mt, with 68 mt to the 
northern area and 76 mt to the southern area; and large medium/giant 
BFT -- 6.2 mt, with 2.1 mt to the northern area and 4.1 mt to the 
southern area.
    The 2006 ICCAT recommendation includes an annual 25-mt set-aside 
quota to account for bycatch of BFT related to directed longline 
fisheries in the NED. This set-aside quota is in addition to the 
overall incidental longline quota to be subdivided in accordance with 
the North/South allocation percentages mentioned below. Thus, the 
Longline category quota of 200 mt is subdivided as follows: 80 mt to 
pelagic longline vessels landing BFT north of 31[deg] N. latitude and 
120 mt to pelagic longline vessels landing BFT south of 31[deg] N. 
latitude, with 25 mt set-aside for bycatch of BFT related to directed 
pelagic longline fisheries in the NED.

General Category Effort Controls

    NMFS implements General time-period subquotas to increase the 
likelihood that fishing would continue throughout the entire General 
category season. The subquotas are consistent with the objectives of 
the Consolidated HMS FMP and are designed to address concerns regarding 
the allocation of fishing opportunities, to assist with distribution 
and achievement of optimum yield, to allow for a late season fishery, 
and to improve market conditions and scientific monitoring.
    The regulations implementing the Consolidated HMS FMP divide the 
annual General category quota into five time-period subquotas as 
follows: 50 percent for June-August, 26.5 percent for September, 13 
percent for October-November, 5.2 percent for December, and 5.3 percent 
for January. Because the fishing year is changing back to a calendar 
year effective January 1, 2008, NMFS is distributing the 5.3 percent of 
the General category quota that would be assigned to the January time 
period to the four time periods that will occur during the 2007 fishing 
year. Accordingly, the available 643.6-mt coastwide quota is divided as 
follows: 339.8 mt for the period beginning June 1 and ending August 31, 
2007; 180.1 mt for the period beginning September 1 and ending 
September 30, 2007; 88.4 mt for the period beginning October 1 and 
ending November 30, 2007; and 35.3 mt for the period beginning December 
1 and ending December 31, 2007. The January 2008 subquota will be 
included in the 2008 specifications, which NMFS plans to publish prior 
to the start of the fishing year on January 1, 2008. As discussed in 
the Consolidated HMS FMP, NMFS plans to work with the affected 
constituents through the 2008 specifications process to determine the 
most appropriate disposition of any under- or overharvest that has 
accrued in the General category by the end of December 2007.
    In addition to time-period subquotas, NMFS also implements General 
category restricted fishing days (RFDs) to extend the General category 
fishing season. The RFDs are designed to address the same issues 
addressed by time-period subquotas and provide additional inseason 
management flexibility. Although the General category has a relatively 
large quota for the 2007 fishing year, this permit category has the 
ability to harvest a great amount of quota in a short period of time, 
and the RFDs are necessary as a way to manage effort in the subperiods 
at the end of the fishing year. Therefore, NMFS establishes a series of 
RFDs for the 2007 fishing year to extend the BFT fishery for the 
General category for as long as possible during the October through 
December time period. Persons

[[Page 33403]]

aboard vessels permitted in the General category are prohibited from 
fishing (including catch-and-release and tag-and-release) for BFT of 
all sizes on the following days while the fishery is open: all 
Saturdays and Sundays from November 17, 2007, through December 31, 
2007, plus November 22 and December 25, 2007. NMFS implements these 
RFDs to improve fishing opportunities during the October through 
December time period without increasing BFT mortality. NMFS may 
consider waiving the RFDs if the pace of landings indicates that the 
November and/or December General category subquotas will not be met by 
the end of the associated subperiod. NMFS' intention is to propose RFDs 
for January 2008 as part of the 2008 quota specifications and effort 
controls, scheduled to be published before January 1, 2008.
    Because of the large quota available for the General category, NMFS 
increases the retention limit of BFT for the first subperiod of the 
General category fishery. Therefore, persons aboard vessels permitted 
in the General category may retain three large medium or giant BFT 
(measuring 73 inches (185.4 cm) or greater) per vessel per day/trip 
from the effective date of this final rule through August 31, 2007. 
This BFT retention limit may be extended via inseason action, if 
warranted, under Sec.  635.23(a)(4).

Angling Category Effort Controls

    This final rule establishes an Angling category retention limit of 
one school BFT (27 inches (68.6 cm) to less than 47 inches (119.4 cm)), 
and two large school/small medium BFT (i.e., two BFT measuring 47 
inches (119.4 cm) to less than 73 inches (185.4 cm)) per vessel. This 
retention limit is effective for persons aboard vessels permitted in 
the Angling category from the effective date of this rule through 
December 31, 2007. This retention limit may be changed via inseason 
action, if warranted, under Sec.  635.23(b)(3).

Permit Category Changes

    Because of the scheduled change to a calendar year fishing year 
beginning January 1, 2008, and because Atlantic Tunas, HMS Charter/
Headboat, and HMS Angling category permits issued for the 2007 fishing 
year are effective through December 31, 2008, NMFS will allow permit 
holders to make a permit category change for the 2008 fishing year, 
i.e., once during the period of January 1, 2008, through May 31, 2008.

Comments and Responses

    Below, NMFS summarizes and responds to all comments received on the 
proposed quota specifications and effort controls for the General and 
Angling categories. In addition, NMFS received comments on issues that 
were not considered part of this rulemaking. For example, NMFS received 
a request to relax all General category restrictions, including season 
duration and minimum size. Conversely, NMFS received several comments 
that, noting the overfished status of the stock, requested reduction of 
the U.S. BFT quota and commercial and recreational retention limits in 
general, an increase to the recreational minimum size, and prohibition 
of purse seine use due to bycatch concerns. While NMFS acknowledges 
that consideration of these concerns is important, these issues are not 
addressed in this action because they were not considered part of this 
rulemaking.

A. BFT Quotas

    Comment 1: NMFS received a range of comments on the quota 
specifications. Some commenters supported the quotas as proposed. 
Others requested that NMFS distribute the underharvest carryover amount 
(595 mt) according to FMP percentages rather than as proposed. One 
commenter urged NMFS to set the Reserve at 40.7 mt, i.e., 2.5 percent 
of the adjusted U.S. quota and stated that unused Reserve should not be 
carried forward to the Reserve for the following fishing year. One 
commenter felt that underharvest should not be added to the following 
year's BFT quota given stock concerns and potential underreporting of 
landings.
    Response: The specifications included in this rule reflect 
appropriate distribution of the underharvest allowed to be carried 
forward for the 2007 fishing year. Such distribution provides for 
several existing and potential management needs, namely: (1) Setting 
aside sufficient quota for a potential transfer to another ICCAT 
Contracting Party, if warranted; (2) providing sufficient quota for 
pelagic longline operations; (3) appropriately accounting for dead 
discards; and (4) distributing the remainder per the Consolidated HMS 
FMP allocation percentages. NMFS allocates 2.5 percent of the baseline 
2007 U.S. quota in the Reserve, consistent with the Consolidated HMS 
FMP. The rollover of quota in the Reserve from one year to the next 
(rather than reallocation of the unused Reserve to one or more quota 
categories) allows NMFS to consider several factors (as established in 
Sec.  635.27(a)(8)), within the fishing year, prior to making quota 
adjustments from the Reserve. The regulations regarding annual 
adjustment of the BFT quota at Sec.  635.27(a)(10) provide NMFS the 
flexibility to apply the underharvest to the overall quota for the 
following fishing year, provided that the total of the adjusted 
category quotas and the Reserve is consistent with the ICCAT 
recommendation.
    Comment 2: One commenter opposed allocation of 40 percent of the 
carryover amount to the Longline category, indicating such action is 
inappropriate given that the longline fishery incidentally catches BFT.
    Response: The application of 236.6 mt of the 2006 underharvest to 
the Longline category quota is conducted for two reasons: (1) To 
provide sufficient quota for the subtraction of past longline dead 
discards; and (2) to provide for the continued operation of the 
Longline category vessels during the 2007 fishing year, including 
anticipated future dead discards as well as allowed incidental landings 
under current retention limits. The TAC for each Contracting Party is 
now inclusive of dead discards. The 2006 ICCAT recommendation changed 
the accounting practices for dead discards by eliminating an additional 
dead discard allowance, and, therefore, NMFS must deduct the best 
estimate of dead discards from the fishing year quota. As these dead 
discards are attributed to the pelagic longline fishery, the dead 
discards are specifically deducted from the Longline category quota. 
Furthermore, distribution of the carryover amount by the FMP 
percentages would result in 48.2 mt added to the baseline amount (94.4 
mt), for a total of 142.6 mt for the Longline category for the 2007 
fishing year. After accounting for an estimated amount of dead discards 
(i.e., approximately 131 mt, assuming the amount is similar to the most 
recent available estimate), the quota for the Longline category would 
be 11.6 mt. This quota would not provide a sufficient amount of quota 
to allow for the legal landing of BFT taken incidental to catches of 
swordfish and other tunas.
    Comment 3: Some commenters opposed the potential transfer of U.S. 
quota to other ICCAT Contracting Parties. One commenter specifically 
objected to the use of the Reserve in making such a transfer to any 
ICCAT Contracting Party with an allocation. This commenter's 
understanding of the agreement at ICCAT was that the transfer to a 
specific Contracting Party could be undertaken at the request of 
industry, using the quota associated with that industry.

[[Page 33404]]

    Response: The 2006 ICCAT recommendation allows the United States to 
transfer up to 15 percent of its TAC, consistent with domestic 
obligations and conservation considerations. Before considering a 
possible quota transfer, the United States, through NMFS, would 
evaluate several factors, including the projected ability of U.S. 
vessels to harvest the U.S. TAC during the fishing year, and potential 
impacts to the stock. The United States would need to explore and 
analyze these factors prior to transferring quota through a separate 
action. In this action, NMFS is placing 178.5 mt (15 percent of the 
U.S. TAC) in the Reserve so that, if the United States were to approve 
a transfer, the quota could be from the Reserve and not from category-
specific quotas.

B. General Category Effort Controls

    Comment 1: NMFS received comments on the General category retention 
limit that ranged from support for the proposed three-BFT limit to a 
request for a zero-BFT limit.
    Response: The regulations allow NMFS to adjust the General category 
retention limit of large medium and giant BFT over a range of zero (on 
RFDs) to three. Given the low early season harvest rate in recent 
years, NMFS is setting the June through August retention limit at three 
BFT to allow General category fishermen the maximum harvest of BFT 
possible while keeping within the quota of the first General category 
subperiod.
    Comment 2: NMFS received a comment that the setting of RFDs for the 
2007 fishing year may be an unnecessary administrative effort given the 
low harvest rate in recent years.
    Response: NMFS sets the RFDs in this action to ensure that the 
agency has the flexibility to manage the pace of the fishery should the 
need arise. If NMFS determines during the fishing season that the 
November and December RFDs are not necessary, NMFS will take the 
appropriate inseason action to waive them.

C. Angling Category Effort Controls

    Comment 1: NMFS received comments on the Angling category effort 
controls that were supportive of the retention limit and season as 
proposed. NMFS received comments from a recreational fishing 
organization that supported the retention limits as proposed, but 
requested a fishing season of June 21 through December 31. Some 
commenters requested an increased retention limit for school BFT during 
specific time periods, due to the importance of catching school BFT in 
the charter fishing sector and in fishing tournaments. One commenter 
requested that NMFS shorten the school BFT fishing season by 
approximately two months.
    Response: NMFS has considered adjustment of the retention limits 
for certain time periods as implemented for 2006. However, based on the 
large number of comments received that supported the proposed retention 
limits, an evaluation of retention limits and landings estimates over 
recent years, and the ICCAT recommendation that Contracting Parties not 
exceed the tolerance of school BFT over the 2007-2010 period, NMFS is 
setting the Angling category retention limit at one school BFT and two 
large school/small medium BFT per vessel per day/trip from the 
effective date of the final rule through the end of the fishing year.
    Comment 2: Several commenters expressed concern about implementing 
a higher BFT retention limit, particularly for school BFT, because of 
the overfished nature of the western Atlantic BFT stock and because 
ICCAT recommends a ``tolerance'' on school BFT landings rather than a 
targeted fishery.
    Response: NMFS agrees that the school BFT retention limit should be 
no more than one fish for the 2007 fishing year to ensure that landings 
are within the ICCAT-recommended 10-percent limit.

Classification

    NMFS publishes these final specifications and effort controls under 
the authority of the Magnuson-Stevens Act and ATCA. The Assistant 
Administrator for Fisheries (AA) has determined that the regulations 
contained in this final rule are necessary to implement the 
recommendations of ICCAT and to manage the domestic Atlantic HMS 
fisheries, and are consistent with the Magnuson-Stevens Act and its 
National Standards.
    This final rule been determined to be not significant for purposes 
of Executive Order 12866.
    In compliance with Section 604 of the Regulatory Flexibility Act, a 
Final Regulatory Flexibility Analysis (FRFA) was prepared for this 
rule. The FRFA analyzes the anticipated economic impacts of the 
preferred actions and any significant alternatives that could minimize 
economic impacts on small entities. Each of the statutory requirements 
of Section 604 of the Regulatory Flexibility Act has been addressed and 
a summary of the FRFA is below. The full FRFA and analysis of economic 
and ecological impacts, are available from NMFS (see ADDRESSES).
    Section 604(a)(1) of the Regulatory Flexibility Act requires the 
Agency to state the objective and need for the rule. As stated earlier, 
the objective of this rule is to set BFT quotas and effort controls for 
the General and Angling categories for the 2007 fishing year consistent 
with the Consolidated HMS FMP. This rule is needed to implement ICCAT 
recommendations pursuant to ATCA and to achieve domestic management 
objectives under the Magnuson-Stevens Act.
    Section 604(a)(2) of the Regulatory Flexibility Act requires the 
Agency to summarize significant issues raised by the public comment in 
response to the Initial Regulatory Flexibility Analysis (IRFA), a 
summary of the Agency's assessment of such issues, and a statement of 
any changes made as a result of the comments. NMFS received one comment 
specifically on the IRFA. The commenter wrote that the 2006 annual 
gross revenues ($3.4 million), if applied to the 8,751 commercially 
permitted vessels, would average less than $400 per vessel. The 
commenter felt that this must be an error given the expenses involved 
with fishing for BFT. The gross revenues presented in the analysis 
(which was updated for this final rule) represent the total of recorded 
sales of BFT in all commercial categories. NMFS agrees that the 2006 
gross revenues were low and, for the General and Harpoon categories, 
were the lowest in over 10 years. However, availability of BFT to the 
commercial sector has been low in recent years, and many commercial 
participants are not solely dependent on BFT for fishing revenues. In 
addition, NMFS received two comments (one from an individual angler and 
one from an organization representing recreational anglers, the charter 
sector, and supporting industries) requesting an increased retention 
limit for BFT during certain windows of time due to the importance of 
school BFT to the charter sector and/or during tournaments. NMFS has 
considered this comment, as well as the many comments supporting the 
retention limits as proposed. NMFS finalizes the retention limit of one 
school BFT and two large school/small medium BFT per vessel per day/
trip to ensure that the ICCAT-recommended tolerance of school BFT is 
not exceeded over the 2007-2010 period while allowing continued access 
to this fishery.
    Section 604(a)(3) of the Regulatory Flexibility Act requires the 
Agency to describe and provide an estimate of the number of small 
entities to which the rule will apply. The final action could directly 
affect the 35,075 vessel owners

[[Page 33405]]

permitted in the HMS Angling category, the HMS Charter/Headboat 
category permit holders, or the Atlantic tunas commercial permit 
categories (General, Harpoon, Purse Seine, Longline, and Trap 
categories). Of these, 9,001 permit holders (the combined number of 
commercial category permit holders) are considered small business 
entities according to the Small Business Administration's standard for 
defining a small entity.
    Section 604(a)(4) of the Regulatory Flexibility Act requires the 
Agency to describe the projected reporting, recordkeeping, and other 
compliance requirements of the final rule, including an estimate of the 
classes of small entities which would be subject to the requirements of 
the report or record. None of the alternatives considered for this 
final rule would result in additional reporting, recordkeeping, and 
compliance requirements.
    Section 604(a)(5) of the Regulatory Flexibility Act requires the 
Agency to describe the steps taken to minimize the significant economic 
impact on small entities consistent with the stated objectives of 
applicable statutes. Additionally, the Regulatory Flexibility Act (5 
U.S.C. 603(c)(1)(4)) lists four general categories of ``significant'' 
alternatives that would assist an agency in the development of 
significant alternatives. These categories of alternatives are: (1) 
Establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) use of performance rather than design standards; and (4) 
exemptions from coverage of the rule for small entities.
    In order to meet the objectives of this final rule, consistent with 
the Magnuson-Stevens Act, NMFS cannot exempt small entities or change 
the reporting requirements only for small entities, because all of the 
affected businesses (commercial vessel permit holders) are considered 
small entities. Thus, there are no alternatives discussed that fall 
under the first and fourth categories described above. In addition, 
none of the alternatives considered would result in additional 
reporting or compliance requirements (category two above). NMFS does 
not know of any performance or design standards that would satisfy the 
aforementioned objectives of this rulemaking while, concurrently, 
complying with the Magnuson-Stevens Act.
    As described below, NMFS analyzed several alternatives in this 
final rulemaking and provides justification for selection of the 
preferred alternatives to achieve the desired objective.
    NMFS has estimated the average impact that the alternative to 
establish the 2007 BFT quota for all domestic fishing categories would 
have on individual categories and the vessels within those categories.
    As mentioned above, the 2006 ICCAT recommendation reduced the U.S. 
BFT TAC to 1,190.12 mt, which is distributed to the domestic fishing 
categories based on the allocation percentages established in the 
Consolidated HMS FMP. This quota allocation includes a set-aside quota 
of 25 mt to account for incidental catch of BFT related to directed 
longline swordfish and non-BFT tuna fisheries in the NED.
    In 2006, the annual gross revenues from the commercial BFT fishery 
were approximately $3.3 million. Approximately 9,000 vessels are 
permitted to land and sell BFT under four commercial BFT quota 
categories (including charter/headboat vessels). The commercial 
categories and their 2006 gross revenues are General ($2.4 million), 
Harpoon ($265,951), Purse Seine ($33,819), and Longline ($588,828). The 
FRFA assumes that vessels within a category will have similar catch and 
gross revenues in order to consider the relative impact of the final 
action on vessels. Data on net revenues of individual fishermen are 
lacking, so the economic impact of the alternatives is averaged across 
each category. More specifically, available landings data (weight and 
ex-vessel value of the fish in price/pound) allow NMFS to calculate the 
gross revenue earned by a fishery participant on a successful trip. The 
available data do not, however, allow NMFS to calculate the effort and 
cost associated with each successful trip (e.g., the cost of gas, bait, 
ice, etc.) so net revenue for each participant cannot be calculated. 
NMFS cannot determine whether net revenue varies among individual 
fishery participants within each category, and therefore whether the 
economic impact of a regulation would have a varying impact among 
individual participants. As a result, NMFS analyzes the average impact 
of the proposed alternatives among all participants in each category.
    For the allocation of BFT quota among domestic fishing categories, 
NMFS analyzed a no action alternative (A1) and the preferred 
alternative (A2), which would implement the 2006 ICCAT recommendation. 
NMFS considered a third alternative (A3), which would allocate the 2006 
ICCAT-recommended quota in a manner other than that designated in the 
Consolidated HMS FMP. However, since Alternative A3 would result in a 
de facto quota reallocation among categories, and an FMP amendment 
would be necessary for its implementation, NMFS did not further analyze 
it. Per the Consolidated HMS FMP, NMFS prepares quota specifications 
annually for the upcoming fishing year. Preparation of an FMP amendment 
would not be possible in the brief period of time between receipt of 
the ICCAT recommendation, which occurred in late November 2006, and the 
start of the 2007 fishing year on June 1, 2007. Therefore, analysis of 
the impacts of Alternative A3 is not available. But, if an FMP 
amendment was feasible, positive economic impacts would be expected to 
result on average for vessels in permit categories that would receive a 
greater share than established in the FMP, and negative economic 
impacts would be expected to result on average for vessels in permit 
categories that would receive a lesser share than established in the 
FMP. Impacts per vessel would depend on the temporal and spatial 
availability of BFT to participants.
    As noted above, the preferred alternative (A2) would implement the 
2006 ICCAT recommendation in accordance with the Consolidated HMS FMP 
and consistent with the ATCA, under which the United States is 
obligated to implement ICCAT-approved quota recommendations. 
Alternative A2 would have slightly positive impacts for fishermen. The 
no action alternative (A1) would keep the quota at pre-2006 ICCAT 
recommendation levels (approximately 300 mt more) and would not be 
consistent with the purpose and need for this action and the 
Consolidated HMS FMP. It would maintain economic impacts to the United 
States and to local economies at a distribution and scale similar to 
2006 or recent prior years, and would provide fishermen additional 
fishing opportunities, subject to the availability of BFT to the 
fishery. For these reasons, NMFS selects the preferred alternative 
(A1).
    The preferred alternative also would implement the provision of the 
2006 ICCAT recommendation that limits school BFT landings to 10 percent 
of the U.S. TAC, calculated on a four-year average. This is expected to 
have neutral impacts on fishermen who fish for school BFT, particularly 
those who rely exclusively on the school size class for BFT harvest, 
since the available quota is the same as the level when the limit was

[[Page 33406]]

8-percent of the U.S. TAC under the 2002 ICCAT recommendation.
    Two alternatives were considered for effort control using RFDs in 
the General category. The no action alternative would not implement any 
RFDs with publication of the specifications but rather would use 
inseason management authority established in the Consolidated HMS FMP 
to implement RFDs during the season. This alternative could be most 
beneficial during a season of low catch rates and could have positive 
economic consequences if slow catch rates were to persist during the 
late season fishery, as General category participants would be able to 
fish every day while the fishery is open. During a slow season, 
fishermen could choose when to fish or not based on their own 
preferences. However, these positive economic effects may not be 
realized because it is impossible for NMFS to predict in advance 
whether the BFT fishing season will have low or high catch rates.
    The preferred alternative would designate RFDs according to a 
schedule published in the BFT specifications. NMFS has used RFDs to 
avoid oversupplying the market with BFT and extending the fishing 
season as late as possible. In addition, establishing RFDs at the 
season onset provides better planning opportunities than implementing 
RFDs during the season, since charter/headboat businesses could book 
trips and recreational and commercial fishermen could make plans ahead 
of time rather than waiting until the last minute to see if an RFD is 
going to be implemented. However, implementing RFDs to extend the late 
season may have some negative economic impacts to fishermen fishing in 
northern Atlantic states who choose to travel to fish off southern 
states during the late season fishery. Travel and lodging costs may be 
greater if the season were extended over a greater period of time under 
the selected alternative. Those additional costs could be mitigated if 
the ex-vessel price of BFT stays high, as is intended under this 
alternative. Without RFDs, travel costs may be less because of a 
shorter season; however, the market could be oversupplied and ex-vessel 
prices could fall. Overall, extending the season as late as possible 
and establishing formalized RFDs at the season onset would enhance the 
likelihood of increasing participation by fishermen in southern states, 
increase access to the fishery over a greater range of the fish 
migration, provide a reliable mechanism for slowing a fishery that has 
an ability to generate extremely high catch rates, and is expected to 
provide better than average ex-vessel prices with an overall increase 
in gross revenues. For these reasons, NMFS selects the preferred 
alternative over the no action alternative.
    A retention limit of three BFT (measuring 73 inches (185.4 cm) or 
greater per vessel per day/trip) is the preferred alternative for the 
opening retention limit for the General category, which would be in 
effect through August 31, 2007. This alternative is expected to result 
in the most positive socio-economic impacts by providing the best 
opportunity to harvest the quota while avoiding oversupplying the 
market, thus maximizing gross revenues. Thus, this alternative was 
selected over other alternatives considered, i.e., the no action 
alternative (one BFT measuring 73 inches or greater per vessel per day/
trip) and a retention limit of two BFT (73 inches or greater per vessel 
per day/trip). Both of the non-selected alternatives are expected to be 
too restrictive given the large amount of quota available for the 
General category during the 2007 fishing year and could result in the 
negative economic impact of lower gross revenues. Although early season 
landings seldom occur at a rate that could oversupply the market, NMFS 
will monitor landings closely to ensure that the increased retention 
limit does not contribute to an oversupply.
    Six alternatives were considered for Angling category retention 
limits for the 2007 fishing year. The selected alternative (D1b) is a 
three BFT retention limit (two fish measuring 47 inches (119.4 cm) to 
less than 73 inches (185.4 cm) and one fish measuring 27 inches (68.6 
cm) to less than 73 inches) per vessel per day/trip for all sectors of 
the Angling category for the entire 2007 fishing year. The other two 
alternatives providing the same daily retention limits (per vessel) for 
both private recreational and charter/headboats were the no action 
alternative (D1a, i.e., one fish measuring 27 inches to less than 73 
inches) and Alternative D1c (two fish measuring 47 inches to less than 
73 inches and two fish measuring 27 inches to less than 73 inches). 
Alternative D1a was not selected because it could unnecessarily 
restrict the amount of Angling category landings which could result in 
an underharvest of the quota and a negative economic impact. 
Alternative D1c was not selected because it could result in an 
overharvest of the quota, with negative economic consequences.
    Three other alternatives were considered that would provide 
different retention limits for the Angling category sectors. The first 
(D2a) would allow a private vessel daily retention limit of three fish 
(two measuring 47 inches to less than 73 inches and one measuring 27 
inches to less than 47 inches) and a charter/headboat daily retention 
limit (per vessel) of five fish (three fish measuring 47 inches to less 
than 73 inches and two fish measuring 27 inches to less than 47 
inches). The second alternative (D2b) would allow three fish (two 
measuring 47 inches to less than 73 inches and one measuring 27 inches 
to less than 47 inches) for each vessel per day/trip for the season, 
with an increase to five fish (three measuring 47 inches to less than 
73 inches and two measuring 27 inches to less than 47 inches) per 
vessel for charter/headboats during June 15, 2007 through July 31, 
2007, and the month of September 2007. The third alternative (D2c) 
would allow two fish (measuring 27 inches to less than 73 inches) less 
than 47 inches) for each vessel per day/trip for the season, with an 
increase to three fish (measuring 27 inches to less than 73 inches) per 
vessel for charter/headboats during June 15, 2007 through July 31, 
2007, and the month of September 2007. Alternatives D2a and D2b were 
not selected because they were considered to be potentially too liberal 
with a greater potential for exceeding the Angling category quota for 
2007. Alternative D2c was not selected because it was considered to be 
unnecessarily restrictive, with a greater potential for negative 
economic impacts associated with not harvesting the entire quota. In 
addition, the D2 subalternatives were not selected since they could 
result in perceived inequities between the two sectors of the Angling 
category fishery, i.e., due to potential greater fishing opportunities 
for charter/headboat anglers than for private vessel anglers.
    Alternative D1b was selected because it would allow the landing of 
the Angling category quota without overharvesting it, provide 
sufficient retention limits to offset costs, reduce any perceived 
inequities between the charter/headboat and private recreational vessel 
sectors of the Angling category fishery, and provide economic benefits 
to all regional sectors of the fishery.

List of Subjects in 50 CFR Part 635

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


[[Page 33407]]


    Dated: June 11, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
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.


0
2. In Sec.  635.4, paragraph (j)(3) is revised to read as follows:


Sec.  635.4  Permits and fees.

* * * * *
    (j) * * *
    (3) A vessel owner issued an Atlantic tunas permit in the General, 
Harpoon, or Trap category or an Atlantic HMS permit in the Angling or 
Charter/Headboat category under paragraph (b), (c), or (d) of this 
section may change the category of the vessel permit once within 10 
calendar days of the date of issuance of the permit. After 10 calendar 
days from the date of issuance of the permit, the vessel owner may not 
change the permit category until the following fishing season, except 
during the period of January 1, 2008, through May 31, 2008, when one 
additional change is authorized.
* * * * *

0
3. In Sec.  635.27, paragraphs (a) introductory text, (a)(1) heading, 
(a)(1)(i), (a)(2), (a)(3), (a)(4)(i), (a)(5), (a)(6), (a)(7)(i), 
(a)(7)(ii), (a)(10)(iii), and (a)(10)(iv) are revised to read as 
follows:


Sec.  635.27  Quotas.

    (a) BFT. Consistent with ICCAT recommendations, and with paragraph 
(a)(10)(iv) of this section, NMFS may subtract the most recent, 
complete, and available estimate of dead discards from the annual U.S. 
BFT quota, and make the remainder available to be retained, possessed, 
or landed by persons and vessels subject to U.S. jurisdiction. The 
remaining baseline annual U.S. BFT quota will be allocated among the 
General, Angling, Harpoon, Purse Seine, Longline, Trap, and Reserve 
categories. BFT may be taken by persons aboard vessels issued Atlantic 
Tunas permits, HMS Angling permits, or HMS Charter/Headboat permits. 
The baseline annual U.S. BFT quota is 1,165.1 mt, not including an 
additional annual 25 mt allocation provided in paragraph (a)(3) of this 
section. Allocations of the baseline annual U.S. BFT quota are: General 
- 47.1 percent (548.8 mt); Angling - 19.7 percent (229.5 mt), which 
includes the school BFT held in reserve as described under paragraph 
(a)(7)(ii) of this section; Harpoon - 3.9 percent (45.4 mt); Purse 
Seine - 18.6 percent (216.7 mt); Longline - 8.1 percent (94.4 mt), 
which does not include the additional annual 25 mt allocation provided 
in paragraph (a)(3) of this section; and Trap - 0.1 percent (1.2 mt). 
The remaining 2.5 percent (29.1 mt) of the baseline annual U.S. BFT 
quota will be held in reserve for inseason or annual adjustments based 
on the criteria in paragraph (a)(8) of this section. NMFS may apportion 
a quota allocated to any category to specified fishing periods or to 
geographic areas and will make annual adjustments to quotas, as 
specified in paragraph (a)(10) of this section. BFT quotas are 
specified in whole weight.
    (1) General category quota. * * *
    (i) Catches from vessels for which General category Atlantic Tunas 
permits have been issued and certain catches from vessels for which an 
HMS Charter/Headboat permit has been issued are counted against the 
General category quota in accordance with Sec.  635.23(c)(3). The 
amount of large medium and giant BFT that may be caught, retained, 
possessed, landed, or sold under the General category quota is 47.1 
percent (548.8 mt) of the baseline annual U.S. BFT quota, and is 
apportioned as follows:
    (A) January 1 through January 31 - 5.3 percent (29.1 mt);
    (B) June 1 through August 31 - 50 percent (274.4 mt);
    (C) September 1 through September 30 - 26.5 percent (145.4 mt);
    (D) October 1 through November 30 - 13 percent (71.3 mt); and
    (E) December 1 through December 31 - 5.2 percent (28.5 mt).
    * * * * *
    (2) Angling category quota. In accordance with the framework 
procedures of the HMS FMP, prior to each fishing year or as early as 
feasible, NMFS will establish the Angling category daily retention 
limits. The total amount of BFT that may be caught, retained, 
possessed, and landed by anglers aboard vessels for which an HMS 
Angling permit or an HMS Charter/Headboat permit has been issued is 
19.7 percent (229.5 mt) of the baseline annual U.S. BFT quota. No more 
than 2.3 percent (5.3 mt) of the annual Angling category quota may be 
large medium or giant BFT. In addition, over each 4 consecutive-year 
period (starting in 2007, inclusive), no more than 10 percent of the 
annual U.S. BFT quota, inclusive of the allocation specified in 
paragraph (a)(3) of this section, may be school BFT. The Angling 
category quota includes the amount of school BFT held in reserve under 
paragraph (a)(7)(ii) of this section. The size class subquotas for BFT 
are further subdivided as follows:
    (i) After adjustment for the school BFT quota held in reserve 
(under paragraph (a)(7)(ii) of this section), 52.8 percent (51.2 mt) of 
the school BFT Angling category quota may be caught, retained, 
possessed, or landed south of 39[deg]18' N. lat. The remaining school 
BFT Angling category quota (45.8 mt) may be caught, retained, possessed 
or landed north of 39[deg]18' N. lat.
    (ii) An amount equal to 52.8 percent (55.6 mt) of the large school/
small medium BFT Angling category quota may be caught, retained, 
possessed, or landed south of 39[deg]18' N. lat. The remaining large 
school/small medium BFT Angling category quota (49.6 mt) may be caught, 
retained, possessed or landed north of 39[deg]18' N. lat.
    (iii) An amount equal to 66.7 percent (3.5 mt) of the large medium 
and giant BFT Angling category quota may be caught, retained, 
possessed, or landed south of 39[deg]18' N. lat. The remaining large 
medium and giant BFT Angling category quota (1.8 mt) may be caught, 
retained, possessed or landed north of 39[deg]18' N. lat.
    (3) Longline category quota. The total amount of large medium and 
giant BFT that may be caught incidentally and retained, possessed, or 
landed by vessels that possess Longline category Atlantic Tunas permits 
is 8.1 percent (94.4 mt) of the baseline annual U.S. BFT quota. No more 
than 60.0 percent of the Longline category quota may be allocated for 
landing in the area south of 31[deg]00' N. lat. In addition, 25 mt 
shall be allocated for incidental catch by pelagic longline vessels 
fishing in the Northeast Distant gear restricted area as specified at 
Sec.  635.23 (f)(3).
    (4) * * *
    (i) The total amount of large medium and giant BFT that may be 
caught, retained, possessed, or landed by vessels that possess Purse 
Seine category Atlantic Tunas permits is 18.6 percent (216.7 mt) of the 
baseline annual U.S. BFT quota. The directed purse seine fishery for 
BFT commences on July 15 of each year unless NMFS takes action to delay 
the season start date. Based on cumulative and projected landings in 
other commercial fishing categories, and the potential for gear 
conflicts on the fishing grounds or market impacts due to oversupply, 
NMFS may delay the BFT purse seine season start date from July 15 to no 
later than August 15 by filing an adjustment

[[Page 33408]]

with the Office of the Federal Register prior to July 1.
* * * * *
    (5) Harpoon category quota. The total amount of large medium and 
giant BFT that may be caught, retained, possessed, landed, or sold by 
vessels that possess Harpoon category Atlantic Tunas permits is 3.9 
percent (45.4 mt) of the baseline annual U.S. BFT quota. The Harpoon 
category fishery closes on November 15 each year.
    (6) Trap category quota. The total amount of large medium and giant 
BFT that may be caught, retained, possessed, or landed by vessels that 
possess Trap category Atlantic Tunas permits is 0.1 percent (1.2 mt) of 
the baseline annual U.S. BFT quota.
    (7) * * *
    (i) The total amount of BFT that is held in reserve for inseason or 
annual adjustments and fishery-independent research using quotas or 
subquotas is 2.5 percent (29.1 mt) of the baseline annual U.S. BFT 
quota. Consistent with paragraph (a)(8) of this section, NMFS may 
allocate any portion of this reserve for inseason or annual adjustments 
to any category quota in the fishery.
    (ii) The total amount of school BFT that is held in reserve for 
inseason or annual adjustments and fishery-independent research is 18.5 
percent (22 mt) of the total school BFT Angling category quota as 
described under paragraph (a)(2) of this section. This is in addition 
to the amounts specified in paragraph (a)(7)(i) of this section. 
Consistent with paragraph (a)(8) of this section, NMFS may allocate any 
portion of the school BFT Angling category quota held in reserve for 
inseason or annual adjustments to the Angling category.
* * * * *
    (10) * * *
    (iii) Regardless of the estimated landings in any year, NMFS may 
adjust the annual school BFT quota to ensure that the average take of 
school BFT over each 4 consecutive-year period beginning in the 2007 
fishing year does not exceed 10 percent by weight of the total annual 
U.S. BFT quota, inclusive of the allocation specified in paragraph 
(a)(3) of this section, for that period.
    (iv) NMFS may subtract the best available estimate of dead discards 
from the amount of BFT that can be landed in the subsequent fishing 
year by those categories accounting for the dead discards.
* * * * *
[FR Doc. E7-11630 Filed 6-15-07; 8:45 am]
BILLING CODE 3510-22-S