[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13583-13592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5858]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 110210132-1133-01]
RIN 0648-BA65


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quotas 
and Atlantic Tuna Fisheries Management Measures

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

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

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SUMMARY: NMFS proposes to modify Atlantic bluefin tuna (BFT) base 
quotas for all domestic fishing categories; establish BFT quota 
specifications for the 2011 fishing year; reinstate pelagic longline 
target catch requirements for retaining BFT in the Northeast Distant 
Gear Restricted Area (NED); amend the Atlantic tunas possession at sea 
and landing regulations to allow removal of Atlantic tunas tail lobes; 
and clarify the transfer at sea regulations for Atlantic tunas. 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 Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). NMFS solicits written 
comments and will hold public hearings to receive oral comments on 
these proposed actions.

DATES: Written comments must be received on or before April 14, 2011.
    The public hearing dates and times are:
    1. March 21, 2011, 3 to 5 p.m., Gloucester, MA.
    2. March 22, 2011, 6:30 to 8:30 p.m., Barnegat, NJ.
    3. March 28, 2011, 7 to 9 p.m., Manteo, NC.
    4. April 5, 2011, 5:15 to 7:15 p.m., Silver Spring, MD.

ADDRESSES: You may submit comments, identified by ``0648-BA65'', by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: 978-281-9340, Attn: Sarah McLaughlin.
     Mail: Sarah McLaughlin, Highly Migratory Species 
Management Division, Office of Sustainable Fisheries (F/SF1), NMFS, 55 
Great Republic Drive, Gloucester, MA 01930.
     Instructions: All comments received are a part of the 
public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information. 
NMFS will accept anonymous comments (enter N/A in the required fields, 
if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only. To be considered, electronic comments must be 
submitted via the Federal eRulemaking Portal http://www.regulations.gov. Do not submit electronic comments to individual 
NMFS staff.
    Supporting documents, including the draft Environmental Assessment, 
Regulatory Impact Review, and Initial Regulatory Flexibility Analysis, 
are available by sending your request to Sarah McLaughlin at the 
mailing address specified above. These documents and others, such as 
the Fishery Management Plans described below, also may be downloaded 
from the HMS Web site at http://www.nmfs.noaa.gov/sfa/hms/.
    The public hearing locations are:
    1. Gloucester--NMFS, 55 Great Republic Drive, Gloucester, MA 01930.
    2. Barnegat--Ocean County Library, 112 Burr Street, Barnegat, NJ 
08005.
    3. Manteo--Town Hall, 407 Budleigh Street, Manteo, NC 27954.
    4. Silver Spring--Crowne Plaza Hotel, 8777 Georgia Avenue, Silver 
Spring, MD 20910.

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

SUPPLEMENTARY INFORMATION: Atlantic bluefin tuna, bigeye tuna, albacore 
tuna, yellowfin tuna, and skipjack tuna (hereafter referred to as 
``Atlantic tunas'') are managed under the dual authority of the 
Magnuson-Stevens Act and ATCA. 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 ATCA has been delegated 
from the Secretary to the Assistant Administrator for Fisheries, NOAA 
(AA).

Background

    On May 28, 1999, NMFS published in the Federal Register (64 FR 
29090) final regulations, effective July 1, 1999, implementing the 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999 
FMP). The 1999 FMP included framework provisions to promulgate annual 
specifications for the BFT fishery, in accordance with ATCA and the 
Magnuson-Stevens Act, and to implement the annual recommendations of 
ICCAT. Since 1982, ICCAT has recommended a Total Allowable Catch of 
BFT, and since 1991, ICCAT has recommended specific limits (quotas) for 
the United States and other BFT Contracting Parties.
    On October 2, 2006, NMFS published in the Federal Register (71 FR 
58058) a final rule, effective November 1, 2006, implementing the 2006 
Consolidated Atlantic Highly Migratory Species Fishery Management Plan 
(Consolidated HMS FMP), which consolidated management of all Atlantic 
HMS (i.e., sharks, swordfish, tunas, and billfish)

[[Page 13584]]

into one comprehensive FMP. The implementing regulations for Atlantic 
HMS are at 50 CFR part 635. Among other things, the Consolidated HMS 
FMP maintained an allocation scheme, established in the 1999 Fishery 
Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999 FMP), 
for dividing the baseline annual U.S. BFT quota among several domestic 
quota categories.
    Adjustment of the BFT annual quota is necessary to implement the 
2010 ICCAT quota recommendation for western Atlantic bluefin tuna 
(western BFT), as required by ATCA, and to achieve domestic management 
objectives under the Magnuson-Stevens Act, including rebuilding stocks 
and ending overfishing. It is necessary to establish the 2011 quota 
specifications in order to adjust the 2011 BFT baseline quota and 
subquotas to account for dead discards as well as the amount of 2010 
underharvest (of 2010 adjusted quota) allowed by ICCAT to be carried 
forward to 2011. In addition to modifying the BFT base quotas and 
establishing the quota specifications, NMFS is proposing three Atlantic 
tunas management measures, including reinstating pelagic longline 
vessel target catch requirements for retaining BFT in the Northeast 
Distant Gear Restricted Area (NED); clarifying the regulations 
concerning Atlantic tunas possession at sea and landing to allow 
removal of Atlantic tunas tail lobes; and clarifying the Atlantic tunas 
transfer at sea regulations to address concerns raised in a recent 
decision by a NOAA Administrative Law Judge (see Atlantic Tunas 
Transfer at Sea section for case reference).
    NMFS has prepared a draft Environmental Assessment (EA), Regulatory 
Impact Review (RIR), and an Initial Regulatory Flexibility Analysis 
(IRFA), which present and analyze anticipated environmental, social, 
and economic impacts of several alternatives for each of the major 
issues contained in this proposed rule. The complete list of 
alternatives and their analysis is provided in the draft EA/RIR/IRFA, 
and is not repeated here in its entirety. A copy of the draft EA/RIR/
IRFA prepared for this proposed rule is available from NMFS (see 
ADDRESSES).
    NMFS plans to make daily retention limit adjustments, if needed, 
for the 2011 fishing year via Federal Register notices separate from 
the final quota specifications. Federal regulations at 50 CFR 635.23 
allow the establishment and adjustment of General and Angling category 
retention limits via inseason actions, and NMFS has in the past used 
inseason actions for this purpose (i.e., to adjust daily retention 
limits).

ICCAT Recommendation, Including the Carrying Forward of Underharvest

    ICCAT adopted a western BFT Total Allowable Catch (TAC) of 1,750 mt 
annually for 2011 and 2012 after considering the results of the 2010 
western BFT stock assessment and following protracted negotiations 
among western BFT Contracting Parties (ICCAT Recommendation 10-03--
Supplemental Recommendation by ICCAT concerning the western BFT 
Rebuilding Program). The 1,750-mt TAC, reduced from 1,800 mt for 2010, 
is expected to allow for continued stock growth under both the low and 
high stock recruitment scenarios.
    ICCAT Recommendation 10-03 includes a revised allocation scheme 
that now includes the United Kingdom (in respect of Bermuda), France 
(in respect of St. Pierre and Miquelon), and Mexico. These three ICCAT 
Contracting Parties previously received western BFT allocations as 
specific tonnage directly from the TAC prior to application of the 
agreed allocation scheme (to the United States, Canada, and Japan). The 
amount of TAC allocated to the Contracting Parties depends on the 
amount of the overall recommended TAC. For 2011 and 2012, the net 
effect is that these Contracting Parties will receive the same amounts 
as they did in 2009 and 2010 (i.e., 4 mt, 4 mt, and 95 mt, 
respectively, for the United Kingdom, France, and Mexico).
    For 2011 and 2012, the ICCAT Recommendation makes the following 
allocations from the 1,750-mt TAC for bycatch related to directed 
longline fisheries in the Northeast Distant gear restricted area (NED): 
15 mt for Canada and 25 mt for the United States. Following subtraction 
of these allocations directly from the TAC, the recommendation 
allocates the remainder to the UK (0.23 percent), France (0.23 
percent), Mexico (5.56 percent), the United States (54.02 percent), 
Canada (22.32 percent) and Japan (17.64 percent). For the United 
States, 54.02 percent of the remaining 1,710 mt is 923.7 mt annually 
for 2011 and 2012. This represents the baseline annual U.S. BFT quota 
analyzed in this EA. Accounting for the 25-mt NED allocation, the total 
U.S. quota is 948.7 mt annually (i.e., a decrease of 28.7 mt or 2.9 
percent from the 2010 total U.S. quota of 977.4 mt).
    The current ICCAT recommendation also maintains a provision from 
previous recommendations allowing a Contracting Party with a quota 
allocation to make a one-time transfer within a fishing year of up to 
15 percent of its quota allocation to other Contracting Parties with 
quota allocations. Contracting Parties with an allocation of 4 mt or 
less may transfer up to 100 percent of their allocation. The ICCAT 
recommendation stipulates that the quota transfer may not be used to 
cover overharvests, and that a Contracting Party that receives a one-
time quota transfer may not re-transfer that quota. Further, as a 
method for limiting fishing mortality on juvenile BFT, ICCAT continues 
to recommend a tolerance limit on the annual harvest of BFT measuring 
less than 115 cm to no more than 10 percent of the total bluefin quota 
per Contracting Party over the 2011 and 2012 fishing period. The United 
States implements this provision by limiting the harvest of school BFT 
(measuring 27 to less than 47 inches (68.5 to less than 119 cm curved 
fork length)) as appropriate to not exceed the 10-percent limit over 
the 2-year period.
    Notably, ICCAT Recommendation 10-03 limits the amount of unused 
quota Contracting Parties may carry forward to 2011 to 10 percent of 
their total quota. This would limit the amount of 2010 U.S. 
underharvest carried forward to 2011 to 94.9 mt (10 percent of the 
948.7 mt total U.S. quota). Previously, ICCAT Recommendation 06-06 
reduced the amount of underharvest parties could carry forward from 100 
percent of a Contracting Party's total allocation to 50 percent. This 
aspect of the ICCAT recommendation was maintained through 2010, but 
ICCAT recommended in 2008 that the amount be reduced effective for 2011 
onward (Recommendation 08-04).

Domestic Allocations and Quotas

    The 1999 FMP and its implementing regulations established baseline 
percentage quota shares for the domestic fishing categories. These 
percentage shares were based on allocation procedures that NMFS 
developed over several years, based on historical share, fleet size, 
effort, and landings by category, and stock assessment data collection 
needs. The baseline percentage quota shares established in the 1999 FMP 
and continued in the Consolidated HMS FMP (effective since June 1, 
1999), are as follows: General category--47.1 percent; Harpoon 
category--3.9 percent; Purse Seine category--18.6 percent; Angling 
category--19.7 percent; Longline category--8.1 percent; Trap category--
0.1 percent; and Reserve category--2.5 percent. The second column of 
the table below shows the proposed quotas that result from application 
of the Consolidated HMS FMP quota shares to

[[Page 13585]]

the 2010 ICCAT-recommended baseline annual U.S. BFT quota. These quotas 
would be codified at Sec.  635.27(a) and would remain in effect until 
ICCAT adopts a subsequent ICCAT western BFT recommendation. Because 
ICCAT adopted TACs for 2011 and 2012 in Recommendation 10-03, NMFS 
currently anticipates these base quotas to be in effect for 2012. NMFS 
would adjust these base quotas for the 2012 fishing year based on the 
best estimate of dead discards and information regarding over- or 
underharvests when the 2012 BFT quota specifications are prepared 
(likely in early 2012). As described below, 160 mt is used as a proxy 
for dead discards based on the 2009 estimate, which is the latest and 
best available estimate.

2011 Quota Specifications

    In recommendations that applied from 1999 through 2006, ICCAT 
historically recommended a deduction of 79 mt from the TAC as an 
allowance for dead discards, and the U.S. portion of this allowance was 
68 mt. ICCAT recommendations from 2006 onward have neither included a 
recommended dead discard allowance nor specified a dead discard 
reporting methodology for compliance purposes. Nevertheless, the ICCAT-
recommended TAC and U.S. quota are inclusive of dead discards. The 
United States accounts for this mortality as part of the domestic 
specification calculation process and reports dead discard estimates to 
ICCAT annually.
    In 2007 through 2010, NMFS accounted for pelagic longline dead 
discards within the Longline category quota, and deducted the best 
available estimate of dead discards from the current year Longline base 
quota. In the quota specifications for these years, NMFS also carried 
forward the full amount of prior-year underharvest allowed by ICCAT and 
distributed the underharvest to: (1) Ensure that the Longline category 
has sufficient quota to operate during the fishing year after the 
required accounting for BFT dead discards; (2) maintain 15 percent of 
the 2010 U.S. quota in Reserve for potential transfer to other ICCAT 
Contracting Parties and other domestic management objectives, if 
warranted; and (3) provide the non-Longline quota categories a share of 
the remainder of the underharvest consistent with the allocation scheme 
established in the Consolidated HMS FMP. The amount of prior-year 
underharvest allowed to be carried forward to 2007 through 2010 was 
sufficient to provide the Longline category enough quota to operate 
after the required accounting for BFT dead discards.
    Since dead discard estimates for 2010 are not yet available, the 
2009 estimate of 160 mt is used as a proxy. Estimates of dead discards 
from other gear types and fishing sectors that do not use the pelagic 
longline vessel logbook are unavailable at this time and thus are not 
included in this calculation. Use of the 2009 estimate as a proxy is 
appropriate because it is the best available and most complete 
information NMFS currently has regarding dead discards. In accordance 
with the 2010 ICCAT recommendation, the United States must subtract 160 
mt from its baseline allocation.
    It is important to note that the ICCAT recommendation to limit the 
carrying forward of underharvest to 10 percent of a party's total 
allocation, combined with the level of dead discards in recent years, 
makes using the method employed in 2007 through 2010 impracticable for 
2011 onward. The amount of underharvest that the United States may 
carry forward to 2011 (94.9 mt) is insufficient to cover dead discards 
(160 mt). Deducting the dead discards from the Longline category (with 
a baseline subquota of less than 75 mt) would result in a subquota of 0 
mt for the Longline category in 2011 and the need for reduction of the 
directed fishing category subquotas and the Reserve to make up the 
difference (i.e., about 85 mt). The Longline category baseline quota 
allocation (currently 8.1 percent of the baseline annual U.S. BFT 
quota) may need to be revisited in the future, although adjustments to 
the FMP-based allocation scheme would require an amendment to the 
Consolidated HMS FMP.
    To establish the 2011 quota specifications, NMFS would subtract the 
dead discard estimate of 160 mt from the U.S. baseline quota of 923.7 
and add the 94.9 mt of underharvest allowed to be carried forward, for 
an adjusted total of 858.6 mt. NMFS then would apply the allocation 
scheme established in the Consolidated HMS FMP to the adjusted total 
(as shown in the final column of the table below) and described here. 
Thus, in accordance with the ICCAT Recommendation 10-03, the 
Consolidated HMS FMP percentage shares for each of the domestic 
categories, and regulations regarding annual adjustments at Sec.  
635.27(a)(10), NMFS proposes domestic category quotas for the 2011 
fishing year as follows: General category--404.4 mt; Harpoon category--
33.5 mt; Purse Seine category--159.7 mt; Angling category--169.1 mt; 
Longline category--69.5 mt; and Trap category--0.9 mt. The amount 
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 would be 21.5 mt.
    The proposed General category quota of 404.4 mt would be divided 
into the time period allocations established in the Consolidated HMS 
FMP. Thus, 21.4 mt (5.3 percent) would be allocated to the General 
Category for the period beginning January 1, 2011, and ending January 
31, 2011; 202.2 mt (50 percent) for the period beginning June 1, 2011, 
and ending August 31, 2011; 107.2 mt (26.5 percent) for the period 
beginning September 1, 2011, and ending September 30, 2011; 52.6 mt (13 
percent) for the period beginning October 1, 2011, and ending November 
30, 2011; and 21 mt (5.2 percent) for the period beginning December 1, 
2011, and ending December 31, 2011.
    The Angling category quota of 169.1 mt would be further subdivided, 
pursuant to the area subquota allocations established in the 
Consolidated HMS FMP, as follows: School BFT--94.9 mt, with 36.5 mt to 
the northern area (north of 39[deg]18' N. latitude), 40.8 mt to the 
southern area (south of 39[deg]18' N. latitude), plus 17.6 mt held in 
reserve; large school/small medium BFT--70.4 mt, with 33.2 mt to the 
northern area and 37.2 mt to the southern area; and large medium/giant 
BFT--3.9 mt, with 1.3 mt to the northern area and 2.6 mt to the 
southern area.
    The Longline category would be subdivided in accordance with the 
North/South allocation percentages (i.e., no more than 60 percent to 
the south of 31[deg] N. latitude) in the Consolidated HMS FMP. Thus, 
the proposed Longline category quota of 69.5 mt would be subdivided as 
follows: 27.8 mt to pelagic longline vessels landing BFT north of 
31[deg] N. latitude, and 41.7 mt to pelagic longline vessels landing 
BFT south of 31[deg] N. latitude. NMFS would account for landings under 
the 25-mt NED allocation separately from other Longline category 
landings.

[[Page 13586]]



    Proposed Atlantic Bluefin Tuna Quotas and Quota Specifications (in metric tons) for the 2011 Fishing Year
                                          [January 1-December 31, 2011]
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                                                                           2011 Quota specifications
                                      Baseline allocation for --------------------------------------------------
                                      2011 and 2012 (per 2010     Dead
Category (% share of baseline quota)    ICCAT recommendation     discard       2010
                                        and consolidated HMS    deduction  underharvest  2011 fishing year quota
                                          FMP allocations)        (2009      to carry
                                                                 proxy)    forward 2011
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Total (100).........................  923.7                        -160.0        +94.9   858.6
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Angling (19.7)......................  182.0                    ..........  ............  169.1
                                      SUBQUOTAS:               ..........  ............  SUBQUOTAS:
                                      School 94.9              ..........  ............  School 94.9
                                        Reserve 17.6           ..........  ............    Reserve 17.6
                                        North 36.5             ..........  ............    North 36.5
                                        South 40.8             ..........  ............    South 40.8
                                      LS/SM 82.9               ..........  ............  LS/SM 70.4
                                        North 39.1             ..........  ............    North 33.2
                                        South 43.8             ..........  ............    South 37.2
                                      Trophy 4.2               ..........  ............  Trophy 3.9
                                        North 1.4              ..........  ............    North 1.3
                                        South 2.8              ..........  ............    South 2.6
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General (47.1)......................  SUBQUOTAS:               ..........  ............  SUBQUOTAS:
                                        Jan 23.1               ..........  ............    Jan 21.4
                                        Jun-Aug 217.6          ..........  ............    Jun-Aug 202.2
                                        Sept 115.3             ..........  ............    Sept 107.2
                                        Oct-Nov 56.6           ..........  ............    Oct-Nov 52.6
                                        Dec 22.6               ..........  ............    Dec 21.0
----------------------------------------------------------------------------------------------------------------
Harpoon (3.9).......................  36.0                     ..........  ............  33.5
----------------------------------------------------------------------------------------------------------------
Purse Seine (18.6)..................  171.8                    ..........  ............  159.7
----------------------------------------------------------------------------------------------------------------
Longline (8.1)......................  74.8                     ..........  ............  69.5
                                      SUBQUOTAS:               ..........  ............  SUBQUOTAS:
                                        North (-NED) 29.9      ..........  ............    North (-NED) 27.8
                                        NED 25.0\*\            ..........  ............    NED 25.0*
                                        South 44.9             ..........  ............    South 41.7
----------------------------------------------------------------------------------------------------------------
Trap (0.1)..........................  0.9                      ..........  ............  0.9
----------------------------------------------------------------------------------------------------------------
Reserve (2.5).......................  23.1                     ..........  ............  21.5
----------------------------------------------------------------------------------------------------------------
\*\ 25 mt to account for bycatch of BFT in pelagic longline fisheries in the NED. Not included in totals at top
  of table.

Reinstatement of NED Target Catch Requirements

    NMFS has implemented a series of management measures designed to 
regulate the incidental catch of BFT in non-directed Atlantic 
fisheries. Target catch requirements for the retention of BFT have been 
in effect for the pelagic longline fishery since 1981 (46 FR 8012, 
January 26, 1981) and are currently as follows: One large medium or 
giant BFT (i.e., measuring 73 inches or greater) per vessel per trip 
may be landed, provided that at least 2,000 lb of species other than 
BFT are legally caught, retained, and offloaded from the same trip and 
are recorded on the dealer weighout slip as sold; two large medium or 
giant BFT may be landed incidentally to at least 6,000 lb of species 
other than BFT; and three large medium or giant BFT may be landed 
incidentally to at least 30,000 lb of species other than BFT (68 FR 
32414, May 30, 2003).
    Pursuant to a 2001 Biological Opinion, NMFS closed the NED in July 
2002 to HMS-permitted pelagic longline vessels and conducted a research 
experiment in this area on various pelagic longline gear modifications 
to reduce sea turtle bycatch and bycatch mortality in the pelagic 
longline fishery (67 FR 45393, July 9, 2002). The NED is the Atlantic 
Ocean area bounded by straight lines connecting the following 
coordinates in the order stated: 35[deg]00' N. lat., 60[deg]00' W. 
long.; 55[deg]00' N. lat., 60[deg]00' W. long.; 55[deg]00' N. lat., 
20[deg]00' W. long.; 35[deg]00' N. lat., 20[deg]00' W. long.; 
35[deg]00' N. lat., 60[deg]00' W. long. This fishing ground covers 
virtually the entire span of the western north Atlantic, as far east as 
the Azores and the Mid-Atlantic Ridge.
    The regulations were adjusted to allow vessels to fish in the NED 
if they met specific gear requirements and practiced safe handling and 
release of sea turtles during the research experiment. Beginning in 
November 2003, these vessels were allowed to retain all commercial-
sized (large medium and giant) BFT taken incidental to fishing for 
other species while in that area, up to the 25-mt NED allocation with 
no attendant target catch requirement (68 FR 56788, October 2, 2003). 
However, after the research experiment was completed and the NED 
reopened, NMFS did not reinstate the target catch requirements. Under 
the current regulations, it is only once the 25-mt allocation is met 
that the target catch requirements apply in the NED.
    From 2004 until 2009, NED landings were less than the available 
quota for that area (25 mt), despite the lack of

[[Page 13587]]

NED target catch requirements. In 2009, the 25-mt NED allocation was 
met during the fishing year, while northern area longline activity was 
ongoing. As a result, the bluefin tuna target catch requirements 
specified for the longline category became applicable in the NED from 
October 20-December 31, 2009 (74 FR 53671, October 20, 2009).
    NMFS proposes to reinstate target catch requirements for pelagic 
longline vessels fishing in the NED. This action would effectively 
remove the exemption from target catch requirements that has applied in 
the NED since November 2003. NMFS would remove the provision that 
allows unlimited retention of commercial-sized BFT taken incidental to 
fishing for other species in the NED up to the amount allocated for the 
NED (currently 25 mt). Instead, the same target catch requirements 
(described in the first paragraph of this section) would apply in all 
areas (i.e., both inside and outside of the NED).
    Reinstating the target catch requirements in the NED would result 
in the same target catch requirements applying to all Longline category 
participants regardless of where they fish. Over the last several 
years, many individuals and environmental organizations have expressed 
concern that the lack of target catch requirements in the NED provides 
economic incentive to increase fishing effort to retain BFT in what is 
intended to be an incidental fishery. This action would help NMFS align 
BFT catch (landings and discards) with available quotas. In 2009, 
approximately 51 mt of BFT were landed from the NED, and total landings 
were 131 mt, 31 percent greater than the total 100 mt (landings quota) 
available for the Longline category. Constraining Longline category BFT 
landings to its quota serves to allow the fleet to continue to 
participate in their directed fisheries (e.g., Atlantic yellowfin tuna 
(YFT) and swordfish) year-round with less risk of fishery interruption 
due to insufficient BFT quota availability. Further, it would reduce 
the need for BFT quota reallocation from directed fisheries or the 
Reserve to cover excess pelagic longline BFT landings. To address 
similar issues, as well as to increase the survival of spawning BFT, 
NMFS published a proposed rule to require weak hook use in the Gulf of 
Mexico pelagic longline fishery (76 FR 2313, January 13, 2011), and 
final rulemaking is forthcoming. Both of these efforts regarding the 
pelagic longline fishery are consistent with the agency's efforts to 
address bycatch issues and manage BFT catch and landings within 
available quotas.

Atlantic Tunas Possession at Sea and Landing Form

    The sole criterion for determining the size and/or size class of 
whole or round (head on) Atlantic tunas is a curved fork length (CFL) 
measurement, which is the length of a fish measured from the tip of the 
upper jaw to the fork of the tail along the contour of the body in a 
line that runs along the top of the pectoral fin and the top of the 
caudal keel.
    When the head of an Atlantic tuna is removed, pectoral fin curved 
fork length (PFCFL) is the legal means of measuring the fish. PFCFL is 
the length of a fish measured from the dorsal insertion of the pectoral 
fin to the fork of the tail measured along the contour of the body in a 
line that runs along the top of the pectoral fin and the top of the 
caudal keel. The fork of the tail must be attached to the fish to 
attain proper CFL and PFCFL measurements. For a BFT with the head 
removed, the CFL is determined by multiplying the PFCFL by a conversion 
factor of 1.35. The resulting CFL is the sole criterion for determining 
the size class of a BFT with the head removed. For a bigeye or 
yellowfin tuna, NMFS prohibits the removal of the head if the remaining 
portion would be less than 27 inches from the fork of the tail to the 
forward edge of the cut.
    The regulations regarding possession at sea and landing specify 
that managed Atlantic tunas landed in an Atlantic coastal port must be 
maintained through offloading either in round form or eviscerated with 
the head and fins removed, provided one pectoral fin and the tail 
remain attached. NMFS has received requests from commercial Atlantic 
tuna fisheries participants in the last few years, including via the 
HMS Advisory Panel, to allow removal of Atlantic tuna tails at sea to 
make fish storage more efficient. NMFS proposes to clarify the 
regulations regarding Atlantic tunas possession at sea and landing to 
specify that as long as the fork of the tail remains intact, the upper 
and lower lobes of the tail may be removed (as shown in the figure 
below). This would balance the need for maintaining a standardized 
method of measuring Atlantic tunas with the request to allow Atlantic 
tunas to be stored at sea in a more efficient manner. This rulemaking 
will not affect the measurement methodology or requirements for species 
other than Atlantic tunas.

[[Page 13588]]

[GRAPHIC] [TIFF OMITTED] TP14MR11.002

Atlantic Tunas Transfer at Sea

    Currently, the regulations regarding transfer at sea specify that, 
with a specific exception for owners and operators of a vessel for 
which a Purse Seine category Atlantic Tunas category permit has been 
issued, persons may not transfer an Atlantic tuna in the Atlantic 
Ocean, regardless of where the fish was harvested. Following a recent 
NOAA Administrative Law Judge decision involving the transfer of a BFT 
at sea [In the Matter of Brant McMullan & Roger A. Gales, Docket No. 
SE0900591FM (December 7, 2010)], NMFS has decided to clarify the intent 
of the Atlantic tunas transfer-at-sea regulations and prohibitions. 
NMFS proposes to add a sentence to the regulatory text regarding 
transfer at sea of Atlantic tunas that would read: ``Notwithstanding 
the definition of ``harvest'' at Sec.  600.10, for the purposes of this 
part, transfer includes, but is not limited to, moving or attempting to 
move an Atlantic tuna that is on fishing gear in the water from one 
vessel to another vessel.'' In the future, NMFS may make similar 
clarifications regarding transfer at sea for other Atlantic highly 
migratory species via separate actions pertaining to those species.

Request for Comments

    NMFS solicits comments on this proposed rule through April 14, 
2011. See instructions in ADDRESSES section above.
    The public hearings will be physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Sarah McLaughlin at (978) 281-
9279, at least 7 days prior to the hearing date.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that the proposed rule is 
consistent with the 2006 Consolidated HMS FMP, the Magnuson-Stevens 
Act, ATCA, and other applicable law, subject to further consideration 
after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act. The IRFA describes the economic impact this proposed 
rule, if adopted, would have on small entities. A description of the 
action, why it is being considered, and the legal basis for this action 
are contained in the preamble to this proposed rule. A summary of the 
analysis follows. A copy of this analysis is available from NMFS (see 
ADDRESSES).
    In compliance with section 603(b)(1) of the Regulatory Flexibility 
Act, the purpose of this proposed rulemaking is, consistent with the 
2006 Consolidated HMS FMP objectives, the Magnuson-Stevens Act, and 
other applicable law, to analyze the impacts of the alternatives for 
implementing and allocating the ICCAT-recommended U.S. quota for 2011 
and 2012; adjusting the 2011 U.S. quota and subquotas to account for 
BFT dead discards and unharvested 2010 quota allowed by ICCAT to be 
carried forward to 2011; reinstating pelagic longline target catch 
requirements for retaining BFT in the Northeast Distant Gear Restricted 
Area; amending the Atlantic tunas possession at sea and landing 
regulations to allow removal of tail lobes; and clarifying the transfer 
at sea regulations for Atlantic tunas.
    In compliance with section 603(b)(2) of the Regulatory Flexibility 
Act, the objectives of this proposed rulemaking are to implement ICCAT 
recommendations, including accounting for BFT dead discards and 
underharvest of the 2010 adjusted quota in the 2011 quota 
specifications, implement uniform target catch requirements for 
Longline category participants regardless of where they fish, and 
clarify the regulations concerning Atlantic tunas possession at sea and 
landing and Atlantic tunas transfer at sea.
    Section 603(b)(3) requires Agencies to provide an estimate of the 
number of small entities to which the rule would apply. The proposed 
quota action would apply to all participants in the Atlantic BFT 
fisheries, all of which are considered small entities, because they 
either had average annual receipts less than $4.0 million for fish-
harvesting, average annual receipts less than $6.5 million for charter/
party boats, 100 or fewer employees for wholesale dealers, or 500 or 
fewer employees for seafood processors. These are the Small

[[Page 13589]]

Business Administration (SBA) size standards for defining a small 
versus large business entity in this industry. This action would apply 
to all participants in the Atlantic BFT fishery, all of which are 
considered small entities. As shown in Table 5 of the IRFA, there are 
over 32,000 vessels that held an Atlantic HMS Charter/Headboat, 
Atlantic HMS Angling, or an Atlantic tunas permit as of October 2010. 
These permitted vessels consist of commercial, recreational, and 
charter vessels as well as headboats.
    Reinstatement of target catch requirements in the NED would affect 
those Longline category permitted vessels that fish in the NED. As 
shown in Table 9 of the IRFA, over the last 5 years, an annual total 
ranging from 6 to 10 vessels have reported trips in the NED and an 
annual total ranging from 4 to 8 vessels have landed BFT from the NED. 
However, to the extent that this action could avoid the need for 
fishery interruption due to insufficient BFT quota availability, it 
could affect all 248 Longline category permitted vessels.
    Clarification of the Atlantic tunas landing form and transfer at 
sea regulations would be informative to owners and operators of 
Atlantic tunas permitted vessels and Atlantic HMS permitted vessels 
fishing for tunas, although material impacts are not expected to occur 
from the related changes in this action.
    Under section 603(b)(4) of the Regulatory Flexibility Act, agencies 
are required to describe any new reporting, recordkeeping and other 
compliance requirements. There are no new reporting or recordkeeping 
requirements in any of the alternatives considered for this action.
    Under section 603(b)(5) of the Regulatory Flexibility Act, agencies 
must identify, to the extent practicable, relevant Federal rules which 
duplicate, overlap, or conflict with the proposed rule. Fishermen, 
dealers, and managers in these fisheries must comply with a number of 
international agreements, domestic laws, and other FMPs. These include, 
but are not limited to, the Magnuson-Stevens Act, the Atlantic Tunas 
Convention Act, the High Seas Fishing Compliance Act, the Marine Mammal 
Protection Act, the Endangered Species Act, the National Environmental 
Policy Act, the Paperwork Reduction Act, and the Coastal Zone 
Management Act. This proposed rule has also been determined not to 
duplicate, overlap, or conflict with any other Federal rules.
    Under section 603(c) of the Regulatory Flexibility Act, agencies 
are required to describe any alternatives to the proposed rule which 
accomplish the stated objectives and which minimize any significant 
economic impacts. These impacts are discussed below and in the EA. 
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 proposed rule, consistent 
with Magnuson-Stevens Act and the Endangered Species Act (ESA), NMFS 
cannot exempt small entities or change the reporting requirements only 
for small entities because all the entities affected are considered 
small entities. Thus, there are no alternatives discussed that fall 
under the first and fourth categories described 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. Thus, there are no 
alternatives considered under the third category. As described below, 
NMFS analyzed several different alternatives in this proposed 
rulemaking and provides rationale for identifying the preferred 
alternative to achieve the desired objective. The alternatives 
considered and analyzed are described below. The IRFA assumes that each 
vessel within a category will have similar catch and gross revenues to 
show the relative impact of the proposed action on vessels.
    NMFS has estimated the average impact that the alternative to 
establish the 2011 and 2012 BFT quota for all domestic fishing 
categories would have on individual categories and the vessels within 
those categories. As mentioned above, the 2010 ICCAT recommendation 
reduced the U.S. baseline BFT quota for 2011 and 2012 to 923.7 mt and 
provides 25 mt for incidental catch of BFT related to directed longline 
fisheries in the NED. This action would distribute the baseline quota 
of 923.7 mt to the domestic fishing categories based on the allocation 
percentages established in the Consolidated HMS FMP.
    In 2010, the annual gross revenues from the commercial BFT fishery 
were approximately $8.9 million. As of October 2010, there were 8,311 
vessels permitted to land and sell BFT under four commercial BFT quota 
categories (including charter/headboat vessels). The commercial 
categories and their 2010 gross revenues are General ($7.8 million), 
Harpoon ($202,643), Purse Seine ($0), and Longline ($878,908).
    For the allocation of BFT quota among domestic fishing categories, 
NMFS analyzed a no action alternative and Alternative A2 (preferred 
alternative), which would implement the 2010 ICCAT recommendation. NMFS 
considered a third alternative (A3) that would have allocated the 2010 
ICCAT recommendation in a manner other than that designated in the 
Consolidated HMS FMP. Alternative A3 would result in a de facto quota 
reallocation among categories, and an FMP amendment would be necessary 
for its implementation. Preparation of an FMP amendment is not possible 
in the brief period of time between receipt of the ICCAT 
recommendation, which occurred in late November 2010, and the 2011 
fishing year, the bulk of which begins in June. Therefore, Alternative 
A3 was not analyzed. 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, Alternative A2 would implement the 2010 ICCAT 
recommendation in accordance with the Consolidated HMS FMP and 
consistent with ATCA, under which the United States is obligated to 
implement ICCAT-approved quota recommendations, as necessary and 
appropriate. The preferred alternative would implement this quota and 
have slightly positive impacts for fishermen. The no action alternative 
would keep the quota at pre-2010 ICCAT recommendation levels 
(approximately 29 mt more) and would not be consistent with the purpose 
and need for this action, the Consolidated HMS FMP, and ATCA. The 
economic impacts to the United States and to local economies would be 
similar in distribution and scale to 2010 (e.g., annual commercial 
gross revenues of approximately $8.9 million, as described above), or 
recent prior years, and would provide fishermen additional fishing 
opportunities, subject to the availability of BFT to the fishery, in 
the

[[Page 13590]]

short term. In the long term, however, as stock growth is hindered, 
negative impacts would result.
    It is difficult to estimate average potential ex-vessel revenues to 
commercial participants, largely because revenues depend heavily on the 
availability of large medium and giant BFT to the fishery. Section 6 of 
the EA/RIR/IRFA describes potential revenue losses per commercial quota 
category based on each category's proposed base quota reduction and 
price-per-pound information from 2010 (i.e., $206,251 for the General 
category, $13,944 for the Harpoon category, $25,150 for the Longline 
category, and $1,093 for the Trap category); although the Purse Seine 
category had no BFT landings in 2010, potential revenue losses of 
$69,639 were estimated. As described in Section 4 of the EA/RIR/IRFA, 
because the directed commercial categories have underharvested their 
subquotas in recent years, particularly 2004-2008, the potential 
decreases in ex-vessel revenues above overestimate the probable 
economic impacts to those categories relative to recent conditions. 
Additionally, there has been substantial interannual variability in ex-
vessel revenues per category in recent years due to recent changes in 
BFT availability and other factors. Generally, the interannual 
differences in ex-vessel revenues per category have been larger than 
the potential impacts described above.
    Data on net revenues of individual fishermen are lacking, so the 
economic impact of the alternatives is averaged across each category. 
This is an appropriate approach for BFT fisheries, in particular 
because available landings data (weight and ex-vessel value of the fish 
in price-per-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. As a result, NMFS 
analyzes the average impact of the proposed alternatives among all 
participants in each category.
    Success rates vary widely across participants in each category (due 
to extent of vessel effort and availability of commercial-sized BFT to 
participants where they fish) but for the sake of estimating potential 
revenue loss per vessel, category-wide revenue losses can be divided by 
the number of permitted vessels in each category. Because HMS Charter/
Headboat vessels may fish commercially under the General category quota 
and retention limits, Charter/Headboat permitted vessels are considered 
along with General category vessels when estimating potential General 
category ex-vessel revenue changes. Potential ex-vessel revenue losses 
are estimated as follows: General category (including Charter/Headboat 
vessels): $26; Harpoon category: $480; Longline category (incidental): 
$101; Trap category (incidental): $182; and Purse Seine category: 
$13,928. Section 6 of the EA/RIR/IRFA describes potential revenue 
losses per commercial quota category based on each category not having 
access to quota that would be available through the carrying forward of 
2010 underharvest, were it not for the ICCAT recommendation that limits 
the amount that may be carried forward to 10 percent of a Contracting 
Party's total quota beginning effective for 2011. Potential ex-vessel 
revenue losses resulting from this change are estimated as follows: 
General category (including Charter/Headboat vessels): $107; Harpoon 
category: $4,808; Longline category (incidental): $1,014; Trap category 
(incidental): $519; and Purse Seine category: $139,278. These values 
likely overestimate potential revenue losses for vessels that actively 
fish and are successful in landing at least one BFT.
    The proposed reinstatement of target catch requirements for pelagic 
longline vessels in the NED could, as described in Section 6.6.2 of the 
IRFA, result in a potential loss of $341,228. If this reduction is 
calculated for the universe of vessels participating in the NED over 
the last 5 years (range of 6-10 vessels), it would represent average 
potential ex-vessel reductions of $34,123-$56,871 per vessel. If the 
reduction is calculated across Longline category vessels, it would be 
$1,376 per vessel. In Section 6.6.2 of the IRFA, acknowledging that the 
2009 number of BFT taken in the NED in 2009 may have been anomalous, 
NMFS also provided a figure for potential revenue loss of $42,408. This 
would represent average potential ex-vessel reductions of $4,241-$7,068 
per vessel. If the reduction is calculated across Longline category 
vessels, it would be $171 per vessel.
    However, the preferred alternative is expected to result in the 
most positive short and long-term socio-economic impacts for the 
majority of BFT fishery participants, including Longline category 
participants, as it would increase the likelihood that the Longline 
category quota will be available through the end of the year, without 
interruption, and decrease the potential need for reallocation from 
directed quota categories or quota reductions in subsequent years to 
cover Longline category excesses.
    The other considered alternative was a no action alternative 
(maintaining the de facto exemption from target catch requirements for 
pelagic longline vessels fishing in the NED). The no action alternative 
risks exceeding the available Longline category quota, particularly in 
years where availability of commercial-sized BFT is high in the NED 
during directed pelagic longline activity for target species.
    The modifications to the regulations concerning Atlantic tunas 
possession and landing form and Atlantic tunas transfer at sea are 
intended to facilitate Atlantic tunas storage and provide 
clarification, respectively. While these changes would apply to all 
vessels holding Atlantic tunas, HMS Charter/Headboat, and HMS Angling 
category permits (totaling approximately 33,000 vessels), they are not 
expected to have significant economic impacts. Therefore, NMFS has not 
analyzed alternatives beyond the preferred alternatives and no action. 
Specific estimates of economic impacts of these preferred alternatives 
are not quantifiable.

List of Subjects in 50 CFR Part 635

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

    Dated: March 9, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator, for Regulatory Programs, 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.


Sec.  635.23  [Amended]

    2. In Sec.  635.23, remove paragraph (f)(3).
    3. In Sec.  635.27, paragraphs (a) introductory text, (a)(1)(i), 
(a)(2), (a)(3), (a)(4)(i), (a)(5), (a)(7)(i), and (a)(7)(ii) 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

[[Page 13591]]

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 923.7 mt, not including an additional annual 25 mt allocation 
provided in paragraph (a)(3) of this section. The baseline annual U.S. 
BFT quota is divided among the categories as follows: General--47.1 
percent (435.1 mt); Angling--19.7 percent (182.0 mt), which includes 
the school BFT held in reserve as described under paragraph (a)(7)(ii) 
of this section; Harpoon--3.9 percent (36.0 mt); Purse Seine--18.6 
percent (171.8 mt); Longline--8.1 percent (74.8 mt), which does not 
include the additional annual 25 mt allocation provided in paragraph 
(a)(3) of this section; and Trap--0.1 percent (0.9 mt). The remaining 
2.5 percent (23.1 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) * * *
    (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 (435.1 mt) of the baseline annual U.S. BFT quota, and is 
apportioned as follows:
    (A) January 1 through January 31--5.3 percent (23.1 mt);
    (B) June 1 through August 31--50 percent (217.6 mt);
    (C) September 1 through September 30--26.5 percent (115.3 mt);
    (D) October 1 through November 30--13 percent (56.6 mt); and
    (E) December 1 through December 31--5.2 percent (22.6 mt).
* * * * *
    (2) Angling category quota. In accordance with the framework 
procedures of the Consolidated 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 (182 mt) of the baseline annual U.S. BFT quota. No more 
than 2.3 percent (4.2 mt) of the annual Angling category quota may be 
large medium or giant BFT. In addition, over each 2-consecutive-year 
period (starting in 2011, 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 (40.8 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 (36.5 mt) may be caught, retained, possessed 
or landed north of 39[deg]18' N. lat.
    (ii) An amount equal to 52.8 percent (43.8 mt) of the large school/
small medium BFT Angling category quota may be caught, retained, 
possessed, or landed south of 39[deg]18[min] N. lat. The remaining 
large school/small medium BFT Angling category quota (39.1 mt) may be 
caught, retained, possessed or landed north of 39[deg]18[min] N. lat.
    (iii) An amount equal to 66.7 percent (2.8 mt) of the large medium 
and giant BFT Angling category quota may be caught, retained, 
possessed, or landed south of 39[deg]18[min] N. lat. The remaining 
large medium and giant BFT Angling category quota (1.4 mt) may be 
caught, retained, possessed or landed north of 39[deg]18[min] 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 (74.8 mt) of the baseline annual U.S. BFT quota. No more 
than 60.0 percent (44.9 mt) of the Longline category quota may be 
allocated for landing in the area south of 31[deg]00[min] N. lat. In 
addition, 25 mt shall be allocated for incidental catch by pelagic 
longline vessels fishing in the Northeast Distant gear restricted area.
    (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 (171.8 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 with the Office of the 
Federal Register prior to July 1. The Purse Seine category fishery 
closes on December 31 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 that possess Harpoon category Atlantic Tunas permits is 3.9 
percent (36.0 mt) of the baseline annual U.S. BFT quota. The Harpoon 
category fishery commences on June 1 of each year, and closes on 
November 15 of each year.
* * * * *
    (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 (23.1 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 (17.6 mt) of the total school BFT Angling category quota as 
described under paragraph (a)(2) of this section. This amount 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.
* * * * *
    4. In Sec.  635.29, paragraph (a) is revised to read as follows:


Sec.  635.29  Transfer at sea.

    (a) Persons may not transfer an Atlantic tuna, blue marlin, white 
marlin, roundscale spearfish, or swordfish at sea in the Atlantic 
Ocean, regardless of where the fish was

[[Page 13592]]

harvested. Notwithstanding the definition of ``harvest'' at Sec.  
600.10, for the purposes of this part, transfer includes, but is not 
limited to, moving or attempting to move an Atlantic tuna that is on 
fishing gear in the water from one vessel to another vessel. However, 
an owner or operator of a vessel for which a Purse Seine category 
Atlantic Tunas category permit has been issued under Sec.  635.4 may 
transfer large medium and giant BFT at sea from the net of the catching 
vessel to another vessel for which a Purse Seine category Atlantic 
Tunas permit has been issued, provided the amount transferred does not 
cause the receiving vessel to exceed its currently authorized vessel 
allocation, including incidental catch limits.
* * * * *
    5. In Sec.  635.30, paragraph (a) is revised to read as follows:


Sec.  635.30  Possession at sea and landing.

    (a) Atlantic tunas. Persons that own or operate a fishing vessel 
that possesses an Atlantic tuna in the Atlantic Ocean or that lands an 
Atlantic tuna in an Atlantic coastal port must maintain such Atlantic 
tuna through offloading either in round form or eviscerated with the 
head and fins removed, provided one pectoral fin and the tail remain 
attached. The upper and lower lobes of the tuna tail may be removed for 
storage purposes as long as the fork of the tail remains intact.
* * * * *
[FR Doc. 2011-5858 Filed 3-11-11; 8:45 am]
BILLING CODE 3510-22-P