9726 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules

References Cited

Little, E.L., R.O. Woodbury, and F.H.

Wadsworth. 1974. Trees of Puerto Rico and

the Virgin Islands. Second volume. U.S.

Department of Agriculture Handbook No.

449. Washington, D.C. 1024 pp.

Author

The primary author of this document

is Ms. Susan R. Silander (see ADDRESSES

section).

Authority

The authority for this action is section

4(b)(6)(B)(ii) of the Endangered Species

Act of 1973, as amended (16 U.S.C. 1531

et seq.).

Dated: February 10, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97–5156 Filed 3–3–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 630

[Docket No. 960416112–7024–04; I.D.

111396A]

RIN 0648–AJ04

Atlantic Highly Migratory Species

Fisheries; Tuna Fishery Regulatory

Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to amend

regulations governing the Atlantic tuna

fisheries to: Divide the large schoolsmall medium size class quota and the

large medium-giant quotas of Atlantic

Bluefin Tuna (ABT) into north and

south regional subquotas; establish a

new tuna permit program to provide for

category changes, annual renewals and

the collection of fees; establish authority

for self-reporting for ABT landed under

the Angling category; prohibit the

retention of ABT less than the large

medium size class by vessels permitted

in the General category; prohibit all

fishing by persons aboard vessels

permitted in the General category on

designated restricted-fishing days; and

prohibit the use of spotter aircraft

except in purse seine fisheries. The

proposed regulatory amendments are

necessary to achieve domestic

management objectives for the Atlantic

tuna fisheries. NMFS will hold public

hearings to receive comments from

fishery participants and other members

of the public regarding these proposed

amendments.

DATES: Comments are invited and must

be received on or before March 31, 1997.

ADDRESSES: Comments on the proposed

rule should be sent to, William Hogarth,

Acting Chief, Highly Migratory Species

Management Division, Office of

Sustainable Fisheries (F/SF1), NMFS,

1315 East-West Highway, Silver Spring,

MD 20910–3282.

FOR FURTHER INFORMATION CONTACT: John

Kelly, 301–713–2347.

SUPPLEMENTARY INFORMATION: The

Atlantic tuna fisheries are managed

under the authority of the Atlantic

Tunas Convention Act (ATCA). ATCA

authorizes the Secretary of Commerce

(Secretary) to implement regulations as

may be necessary to carry out the

recommendations of the International

Commission for the Conservation of

Atlantic tunas (ICCAT). The authority to

implement ICCAT recommendations

has been delegated from the Secretary to

the Assistant Administrator for

Fisheries, NOAA (AA).

Relation to Advance Notices of

Proposed Rulemaking

This proposed rule responds in part to

comments received subsequent to two

recently published Advanced Notices of

Proposed Rulemaking (ANPR) (61 FR

43518, August 23, 1996 and 61 FR

48876, September 17, 1996). Written

comments were accepted over a 30 day

period following publication of each

ANPR. A summary of comments

received follows.

NMFS received comments from

several organizations and individuals in

support of dividing the large schoolsmall medium and large medium-giant

size class quotas into regional

subquotas. Many commenters are

concerned that the high catch rates off

North Carolina in the winter months

preclude the opportunity to land a

trophy size bluefin in other areas. Some

commenters felt that this would be a

more reasonable solution than delaying

the Angling category season until June

1. Still others suggested that since the

winter fishery off North Carolina is not

historical, at least at current levels, it

should not be allowed to increase if it

is likely to jeopardize the ABT recovery

program or preclude fisheries in

traditional areas.

Some commenters wrote in support of

providing NMFS the authority to close

and/or reopen all or part of the Angling

category in order to ensure an equitable

distribution of fishing opportunities.

NMFS has decided to address this

option in a separate regulatory action.

Regarding a new tuna permit program,

some commenters support annual

renewal and the collection of a fee.

Some individuals state that an annual

renewal system would be an

administrative burden. A few

commenters suggest a higher fee for

commercial and charter permits, and a

few oppose the fee altogether. Several

commenters support the establishment

of a self-reporting system for ABT

landed under the Angling category.

Some are concerned about NMFS

getting the resources to develop a

monitoring strategy in which the

constituency can have confidence.

Many commenters wrote to support

issuance of one permit per vessel so that

vessels could not fish in more than one

quota category. In July 1995, NMFS

issued regulations that precluded

issuance of both a General and Angling

category permit to a single vessel, but

that rule also allowed General and

Charter/Headboat permitted vessels to

fish under the Angling category quota.

The numerous comments NMFS

received in support of separating the

General and Angling category permits

can thus be translated as requests to

prohibit the retention of school ABT by

General category vessels.

Some commenters wrote to support

the requirement of logbooks for General

category vessels.

Over 350 post cards were received

that requested NMFS to prohibit fishing

by persons on General category vessels

on restricted-fishing days. A few

commenters oppose restricted-fishing

days. NMFS received 510 comments

supporting prohibition of spotter planes

in all handgear categories, two

comments supporting the prohibition

for the General category only, and one

comment supporting the prohibition for

the Harpoon category only.

NMFS has reviewed comments

received on the two ANPRs and has

considered them in developing this

proposed rule.

Relation to Proposed Consolidation

A proposed rule on ‘‘Atlantic Highly

Migratory Species Fisheries;

Consolidation of Regulations’’ was

published by NMFS on November 6,

1996, in the Federal Register at 61 FR

57361. The regulatory amendments

contained in this proposed rule have

been written to be consistent with the

previously proposed consolidation. As

proposed, the consolidated regulations

significantly reorganize and condense

regulatory text regarding the Atlantic

tuna fisheries. In particular, regulations

governing the Atlantic tuna fisheries,
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules 9727

currently found at 50 CFR part 285,

were proposed to be combined with

other regulations governing HMS under

50 CFR part 630. This proposed rule is

drafted in a consistent format to enable

the public to place these changes in

context, as the changes will amend the

proposed consolidated regulations

under part 630. Copies of the proposed

consolidation rule may be obtained by

writing (see ADDRESSES) or calling the

contact person (see FOR FURTHER

INFORMATION CONTACT).

Subsequent to the publication of the

proposed consolidation, a technical

amendment to 50 CFR part 285 was

filed at the Office of the Federal Register

(62 FR 331, January 3, 1997) to remove

references to the Regional Director for

the purposes of issuing Atlantic Tunas

permits. This amendment was necessary

to begin implementation of the

automated permitting system by a

private sector contractor. Therefore,

regulatory text referring to permits in

this proposed rule reflects changes

made by that technical amendment in

addition to the proposed consolidation.

Angling Category

Changes to Angling category

regulations would provide more

information for scientific monitoring by

lengthening the fishing season.

Additionally, these changes would

provide more equitable geographic and

temporal distribution of fishing

opportunities.

Since 1992, the school size

subcategory has been divided between a

‘‘north’’ and ‘‘south’’ area quota, with

the division at Delaware Bay. The

northern region has been allocated 53

percent of the school ABT quota and the

southern region 47 percent. Given the

recent and unprecedented increase in

landings of large school-small medium

and large medium-giant (trophy class)

ABT in the early season North Carolina

fishery, NMFS proposes to subdivide

the large school-small medium quota

and the large medium-giant quota in the

same proportions and for the same

geographic areas as has been specified

for the school size class of ABT. This

subdivision would improve scientific

data collection over all regions and the

entire fishing season and help ensure

that the northern and southern areas

have access to an equitable share of the

quota. If implemented, these northern

and southern area subquotas will be

identified in the annual quota

specifications to be published in the

Federal Register at a later date.

NMFS believes that the subdivision of

the quota combined with the expanded

authority for interim closures, to be

undertaken in a separate action, could

adequately address the scientific

monitoring and fishing opportunity

issues without delaying the opening of

the Angling category fishing season

until June.

General Category

In 1995, NMFS proposed amendments

to permit regulations to preclude

issuance of both ABT General and

Angling category permits to a single

vessel (60 FR 25665, May 12, 1995). At

the time, industry participants had

communicated concerns to NMFS that

permitting vessels in both the Angling

and General categories facilitates

violations of daily catch limits and

results in discarding and additional

mortality of bluefin tuna. These

commenters maintained that under a

dual permit system, vessels may

continue to fish after the daily

commercial trip limit is reached with

the intent to capture a more valuable

fish or illegally transfer fish to another

vessel. It was argued that issuance of

only a General or Angling category

permit to a single vessel would also

reduce bluefin discard mortality by

separating commercial and recreational

fishing activities.

In response, NMFS proposed that a

permit for a single category be issued to

a vessel, that persons aboard General

category vessels be required to release

all ABT less than 73 inches curved fork

length and cease fishing once the daily

limit of large medium or giant ABT is

attained, and that persons aboard

Angling category vessels be required to

release all ABT greater than 73 inches

curved fork length and cease fishing

once the daily limit of school, large

school, or small medium ABT is

attained, except that vessels registered

in the NMFS cooperative tagging

program would be authorized to

continue catch and release fishing.

At the 1995 public hearings, many

General category permittees expressed

interest in maintaining a ‘‘mixed’’

fishery, that is, alternately targeting

large or small ABT depending on

weather conditions and availability of

fish. Based on comments received,

NMFS issued final regulations (60 FR

38505, July 27, 1995) that limited

permits to one category per vessel, but

that also allowed General and Charter/

Headboat permitted vessels to fish

under the Angling category quota for

ABT less than 73 inches.

Since that time, fishery participants

have continued to express concerns in

letters, phone calls and at public

meetings about enforcement of General

category rules, particularly restricted

fishing days and daily catch limits, in

situations where General category vessel

operators could legally continue to fish

under the Angling category rules. In

addition, concerns have been raised

about NMFS’ ability to monitor the

Angling category quota when General

category vessels are included in the

sample frame for the telephone and

dockside surveys. The fact that the

General and Angling quota categories do

not correspond exactly with the

General, Charter/Headboat and Angling

permit categories has led to much

confusion on the part of the regulated

public. Often the General category is

perceived as a commercial fishery for

giant ABT when in fact there is

considerable overlap with the

recreational fishery for school ABT. Of

the more than 13,000 General category

permittees, only about 1,000 normally

land and sell commercial-size ABT in a

given year.

To address these concerns about

quota monitoring and effective effort

controls, NMFS again proposes to

prohibit the retention of ABT less than

the large medium size class by vessels

permitted in the General category. This

would effectively separate the

commercial and recreational fisheries,

with the exception of charter/headboats.

Anglers aboard vessels permitted in the

Charter/Headboat category could fish

under either the daily Angling category

limits or the daily General category limit

as applicable on that day. The size

category of the first ABT retained or

possessed would determine the fishing

category of the vessel for that day.

Additionally, NMFS proposes to

prohibit all fishing by persons aboard

vessels permitted in the General

category on designated ABT restrictedfishing days. This measure is necessary

to monitor and enforce the General

category effort controls but is only

practical if the recreational and

commercial categories are separate. Feepaying anglers aboard vessels permitted

in the Charter/Headboat category could

fish under the Angling category rules on

designated restricted-fishing days.

The proposed requirements for

General category vessels would improve

distribution of fishing opportunities,

decrease ABT mortality, facilitate

enforcement and increase the

effectiveness of the General category

restricted fishing days, and improve the

accuracy of catch estimates for both the

Angling and General categories.

Permits and Catch Reporting

Revisions proposed for the Atlantic

tunas permit and reporting program

would provide for annual renewals and

the collection of fees, and the

authorization for a mandatory reporting
9728 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules

system for ABT landed under the

Angling category.

In recent years, NMFS has received

substantial criticism that the existing

telephone and dockside surveys do not

result in timely or accurate catch

estimates. Revisions to the permitting

and reporting systems will improve

NMFS’ ability to monitor the Angling

category catch and effect a fair

distribution of fishing opportunities.

While collection of fees and annual

renewals are authorized under current

regulations, Atlantic tuna permits are

currently provided free of charge, and

have been issued for renewals on a

three-year, staggered basis. Because of

the extremely high volume of permit

requests, NMFS previously found it

cost-inefficient to collect fees and to

implement an annual renewal system.

Recent changes to automate the

permit program, now managed by

private sector contractor, will expedite

permit renewals and the processing of

initial applications. Under the new

system, reissued tuna permits would be

required for all permit holders,

regardless of the date of expiration

indicated on current permits and a fee

would be assessed to recover

administrative costs of permit issuance.

Atlantic tunas permits issued by

NMFS Northeast Regional Office,

regardless of expiration date printed on

the permit would have to be renewed

under the new system in 1997. In

addition, all new permit applications

and requests for category changes would

be made under the new system. NMFS

has provided advance notice to vessel

owners of proposed procedures to

access the new permitting system via

letters to individual permit holders and

in notices broadcast over the Highly

Migratory Species FAX network.

Additionally, recorded information and

instructions on the proposed new

system can be obtained by phone (tollfree, 1–888–USA-TUNA) or over the

internet (http://www.usatuna.com).

Permit fees are established according

to the NOAA schedule for recovery of

administrative costs. Such fees,

previously authorized but waived by the

NMFS Northeast Regional Office for

administrative reasons, are now

necessary to recover the cost of the

permit program contract. The fee for

calendar year 1997 would be set at

$18.00.

The automated procedures, which

include application by telephone or

internet, will reduce the administrative

burden on NMFS and the public, thus

annual renewals are feasible. Annual

renewals are necessary to maintain an

accurate permit database for the

purposes of quota monitoring and

statistical collection.

Systems implemented for the permit

program will also accommodate

automated catch reporting. Automated

procedures for direct telephone catch

reporting by anglers would be less

burdensome yet more timely and

potentially more precise than current

survey-based reporting. Additional

reporting procedures may involve catch

reports by tagging fish or using punch

cards. NMFS intends to establish a pilot

reporting system in 1997. If selected for

this pilot program, anglers would be

notified by mail of applicable reporting

procedures. Depending on the feasibility

and cost assessment of the direct

reporting pilot study, the requirements

would be expanded, as appropriate, in

1998. Such improvements in quota

monitoring are necessary to meet ICCAT

obligations and domestic management

objectives.

Finally, Atlantic tunas permitting

requirements would be extended to

require permits when fishing under the

provisions for tag and release. In recent

years, situations have arisen where

significant levels of fishing activity

occur during closures of the ABT

fishery. Current regulations require that

tagging kits be on board the vessel and

that tags be used to qualify anglers for

the catch and release exemption to ABT

fishery closures. Requiring vessel

permits in addition to tagging kits

recognizes that these situations are in

fact directed fisheries for ABT and will

facilitate enforcement of ABT

regulations and collection of catch and

effort information.

These proposed permitting and

reporting requirements would improve

the quality and quantity of catch

information collected for stock

assessments as well as the accuracy of

catch estimates for both the Angling and

General categories.

Spotter Aircraft

This proposed rule would prohibit the

use of aircraft to assist fishing vessel

operators in the location and capture of

ABT, with the exception of purse seine

vessels. NMFS has received numerous

comments that the use of aircraft to

locate bluefin tuna is contrary to the

effort controls previously established for

the General category and is accelerating

the closure of the Harpoon category.

NMFS has, on two occasions, requested

specific comments on ways to mitigate

the impact of aircraft use on catch rates

(54 FR 29916, July 17, 1989 and 61 FR

18366, April 25, 1996).

In both cases, NMFS elected not to

regulate aircraft use in the Atlantic tuna

fisheries, in part because of concerns

about the enforceability of spotter plane

regulations. Additionally, in 1996, a

voluntary agreement was signed by the

majority of active tuna spotters that

would limit activity to vessels using

harpoon gear. NMFS recognized that the

voluntary agreement warranted a trial

period, but also indicated that the

agency would continue to monitor the

situation and would take appropriate

action if necessary. Since the fishery

management concerns continue to be

expressed, and due to increased

numbers of aircraft and vessels, safety

issues are now being raised, NMFS has

reconsidered action to respond to these

issues.

NMFS considered combining the

Harpoon and General categories as a

means to resolve the catch rate and

safety issues. The incentive for aircraft

use would be greatly diminished if all

handgear fishermen were subject to a

daily catch limit. However, it is

debatable whether the harpoon fishery,

as it has traditionally existed, could

continue under catch limits. Also,

aircraft are currently used in the General

category, so it is not clear how aircraft

use would adapt to a single handgear

category. On the other hand, fishery

participants have expressed a

commitment to self-policing, increasing

the likelihood that a spotter aircraft

regulation could be effectively enforced.

Recognizing that self-policing is

essential for effective enforcement,

NMFS proposes to prohibit use of

aircraft for ABT fishing except for

assisting purse seine vessels. NMFS

requests comment on this proposal and

alternative measures to address the

fishery management and safety issues

raised by use of aircraft in the ABT

fisheries.

Public Hearings

NMFS will hold public hearings to

receive comments on these proposed

amendments. These hearings will be

scheduled at a later date and before the

end of the comment period. Advanced

notice of these hearings will be

published in the Federal Register and

via the HMS fax network, internet

worldwide web site (http://

www.usatuna.com), and telephone

information hotline (301–713–1279).

Classification

This proposed rule is published under

the authority of the ATCA, 16 U.S.C.

971 et seq. Preliminarily, the AA has

determined that the regulations

contained in this proposed rule are

necessary to implement the

recommendations of ICCAT and are

necessary for management of the

Atlantic tuna fisheries.
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules 9729

NMFS prepared a draft EA for this

proposed rule with a preliminary

finding of no significant impact on the

human environment. In addition, a draft

RIR was prepared with a preliminary

finding of no significant impact.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief of Advocacy of the Small

Business Administration that this

proposed rule, if adopted, will not have

a significant economic impact on a

substantial number of small entities as

follows:

The proposed regulatory amendments are

necessary to achieve domestic management

objectives. Small businesses should benefit

from measures to extend the fishing season

and distribute fishing opportunities. Permit

fees will be $18.00 per year and anglers will

not incur any significant costs to comply

with reporting requirements. Restrictedfishing days should augment total revenues

to the General category due to increased

prices from more even product flow on the

export market. Approximately 30 pilots

would be affected by the spotter plane

prohibition. Some pilots would continue to

fly for purse seine vessels. Otherwise, since

pilots operate on a catch share basis lost

revenue would accrue to fishing vessel

operators. While over 10,000 recreational

vessel owners could be restricted from selling

a bluefin tuna, such sales are an infrequent

occurrence. Therefore, it is concluded that

these proposed actions, considered

separately or in aggregate, will not have a

significant impact on a substantial number of

small entities. Thus, a regulatory flexibility

analysis is not required for these actions.

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid OMB Control Number.

This proposed rule would implement

new collections and restates or revises

existing collection-of-information

requirements subject to the PRA.

Atlantic tuna vessel permits required

under § 630.4(a) are approved under

OMB Control Number 0648–0202 and

are estimated at 30 minutes per permit

action. Vessel reporting and

recordkeeping requirements for longline

vessels under § 630.5 are currently

approved for swordfish and shark

vessels under OMB Control Number

0648–0016 and are estimated at 15

minutes per logbook entry and 16

minutes for the attachment of tally

sheets. Vessel reporting requirements

for Atlantic tuna vessels permitted in

the Angling category as proposed to be

authorized under § 630.5 are currently

approved as a voluntary collection

under OMB Control Number 0648–0052

and are estimated at 8 minutes per

telephone interview and 5 minutes per

dockside interview.

Although permitting and reporting

requirements have been approved by

OMB for these fisheries, this rule would

modify or extend these information

collections. First, the new permit system

would require reissuance of all vessel

permits. NMFS estimates that up to

20,000 permit holders may be affected at

an estimated 6 minutes per phone call.

Second, commercial tuna vessel

operators, who do not otherwise submit

logbooks under swordfish or shark

fishery requirements could be selected

for the pelagic logbook reporting

program. Purse seine, harpoon or

handgear vessels could be affected.

NMFS would request OMB approval

prior to selecting vessels from these

categories. Finally, ABT catch reporting

by recreational anglers would be

conducted by direct phone call rather

than by interview. Catch reports are

estimated at 5 minutes per toll-free

phone call. While automated catch

reporting may reduce the burden to

individual respondents, the direct

reporting program, if fully implemented,

would increase the number of

respondents. NMFS has requested that

OMB review these proposed

modifications to information

collections. If implemented, the

effectiveness of these collections will be

delayed, pending OMB approval.

Public comment is sought regarding:

whether this proposed collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information has practical utility; the

accuracy of the burden estimate; ways to

enhance the quality, utility, and clarity

of the information to be collected; and

ways to minimize the burden of the

collection of information, including

through the use of automated collection

techniques or other forms of information

technology.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

NMFS issued a biological opinion

under the Endangered Species Act on

July 5, 1989, indicating that the level of

impact and marine mammal takes in the

Atlantic tuna fisheries is not likely to

jeopardize the continued existence of

any sea turtle species or any marine

mammal populations. NMFS has since

reinitiated consultation on the Atlantic

highly migratory species fisheries under

section 7 of the Endangered Species Act.

This consultation will consider new

information concerning the status of the

northern right whale. NMFS has

determined that proceeding with this

rule, pending completion of that

consultation, will not result in any

irreversible and irretrievable

commitment of resources that would

have the effect of foreclosing the

formulation or implementation of any

reasonable and prudent alternative

measures.

List of Subjects in 50 CFR Part 630

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: February 19, 1997.

Gary C. Matlock,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 630 as proposed

to be amended at 61 FR 57361,

November 6, 1996, is further proposed

to be amended as follows:

1. The authority citation for part 630

continues to read as follows:

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

U.S.C. 1801 et seq.

2. In § 630.2, definitions for ‘‘aircraft’’

and ‘‘restricted-fishing day’’ are added

to read as follows:

§ 630.2 Definitions.

* * * * *

Aircraft means any contrivance used

for flight in air.

* * * * *

Restricted-fishing day means a date,

after the commencement date of the

General category fishing season and

before the effective date of fishery

closure on attaining the annual quota,

designated by the Director under

§ 630.29(a)(1)(i) upon which no fishing

may be conducted by persons aboard

vessels permitted in the Atlantic tunas

General category.

* * * * *

3. In § 630.4, paragraph (a)(2)(v), the

introductory text of paragraph (c) and

paragraphs (c)(1)(i), (c)(1)(iii), (c)(1)(v),

and paragraphs (d), (e), (f), (i) and (k) are

revised to read as follows:

§ 630.4 Permits and fees.

(a) * * *

(2) * * *

(v) Change of category. Except for

purse seine vessels for which a permit

has been issued under paragraph

(a)(2)(iv) of this section, an owner may

change the category of the vessel’s

Atlantic tunas permit to another

category a maximum of once per

calendar year by application on the

appropriate form to NMFS before May

15. After May 15, the vessel’s permit

category may not be changed to another
9730 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules

category for the remainder of the

calendar year, regardless of any change

in the vessel’s ownership.

* * * * *

(c) Application. A vessel owner or

dealer applying for a permit under

paragraph (a) or (b) of this section must

submit a completed permit application

as indicated in the application

instructions at least 30 days before the

date on which the applicant desires to

have the permit made effective.

(1) Vessel permits. (i) Applicants must

provide all information concerning

vessel, gear used, fishing areas, and

fisheries participation, including sworn

statements relative to income

requirements and permit conditions, as

indicated in the instructions on the

application form.

* * * * *

(iii) NMFS may require the applicant

to provide documentation supporting

any sworn statements required under

this section before a permit is issued or

to substantiate why such permit should

not be revoked or otherwise sanctioned

under paragraph (l) of this section. Such

required documentation may include

copies of appropriate forms and

schedules from the applicant’s income

tax return. Copies of income tax forms

and schedules are treated as

confidential.

* * * * *

(v) Applicants must also submit any

other information that may be necessary

for the issuance or administration of the

permit, as requested by NMFS.

* * * * *

(d) Issuance. (1) Except as provided in

subpart D of 15 CFR part 904, a permit

shall be issued within 30 days of receipt

of a completed application. An

application is complete when all

requested forms, information, sworn

statements and supporting

documentation have been received and

the applicant has submitted all reports

required under this part.

(2) The applicant will be notified of

any deficiency in the application. If the

applicant fails to correct the deficiency

within 15 days following the date of

notification, the application will be

considered abandoned.

(e) Duration. A permit issued under

paragraph (a) or (b) of this section

remains valid until it expires or is

suspended, revoked, or modified

pursuant to subpart D of 15 CFR part

904. Permits expire on the date

indicated on the permit or when any of

the information previously submitted on

the application changes. Permits must

be renewed upon expiration. Renewal of

permits must be initiated at least 30

days before the expiration date to avoid

a lapse in validity.

(f) Fees. NMFS may charge a fee to

recover the administrative expenses of

permit issuance. The amount of the fee

shall be determined, at least biannually,

in accordance with the procedures of

the NOAA Finance Handbook, available

from the Director, for determining

administrative costs of each special

product or service. The fee may not

exceed such costs and is specified with

application or renewal instructions. The

required fee must accompany each

application or renewal. Failure to pay

the fee will preclude issuance of the

permit. Payment by a commercial

instrument later determined to be

insufficiently funded shall invalidate

any permit.

* * * * *

(i) Change in application information.

Within 15 days after any change in the

information contained in an application

submitted under paragraph (a) or (b) of

this section, the vessel owner or dealer

must report the change by phone (1–

888–USA-TUNA) or internet (http://

www.usatuna.com). In such case, a new

permit will be issued to incorporate the

new information. For certain

informational changes, NMFS may

require supporting documentation

before a new permit will be issued or

may require payment of an additional

fee. Permittees will be notified of such

requirements, if applicable, when

reporting changes. The permit is void if

any change in the information is not

reported within 15 days.

* * * * *

(k) Replacement. Replacement

permits will be issued when requested

by the owner or authorized

representative. A request for a

replacement permit will not be

considered a new application. An

appropriate fee, consistent with

paragraph (f) of this section, may be

charged for issuance of the replacement

permit.

* * * * *

4. In § 630.5, the first sentence in each

of paragraphs (a)(1) and (2) are revised,

and a new paragraph (a)(4) is added to

read as follows:

§ 630.5 Recordkeeping and reporting.

(a) Vessels—(1) Logbooks. If selected

and so notified in writing by NMFS, the

owner and/or operator of a vessel for

which a permit has been issued under

§ 630.4(a), must ensure that a daily

logbook form is maintained of the

vessel’s fishing effort, catch, and

disposition on forms available from the

Science and Research Director. * * *

(2) Tally sheets. The owner and/or

operator of a vessel for which a permit

has been issued under § 630.4(a), and

who is required to submit a logbook

under paragraph (a)(1) of this section,

must ensure that copies of tally sheets

are submitted for all fish offloaded and

sold after a fishing trip. * * *

* * * * *

(4) Angling reports. Angling category

permittees selected by the Director are

required to report all ABT landed under

the Angling category quota. Permittees

will be notified in writing by the

Director of their selection and

applicable reporting requirements and

procedures. Reporting procedures shall

be established by the Director in

cooperation with the States, and may

include telephone, dockside or mail

surveys, mail-in or phone-in reports,

tagging programs, or mandatory ABT

check-in stations. A statistically based

sample of the Angling category

permittees may be selected for specific

reporting programs.

* * * * *

5. In § 630.21, paragraph (f) is added

to read as follows:

§ 630.21 Gear restrictions.

* * * * *

(f) Aircraft. Other than for a vessel

holding a valid permit in the Purse

Seine category under § 630.4(a)(2),

locating, fishing for, catching, taking,

retaining or possessing ABT by means,

aid, or use of any aircraft is prohibited.

6. In § 630.28, paragraphs (b)(5) and

(e)(1) are revised to read as follows:

§ 630.28 Quotas and closures.

* * * * *

(b) * * *

(5) Inseason adjustments. NMFS may

make transfers between fishing

categories or allocate any portion of the

Reserve held for inseason adjustments

to any category of the fishery, or to

account for harvest by persons

conducting research activities

authorized under § 630.1(b)(2) in

accordance with § 630.32. NMFS will

publish notification of any inseason

adjustment amount in the Federal

Register. Before making any such

allocation between categories or from

the Reserve, NMFS will consider the

following factors:

(i) The usefulness of information

obtained from catches of the particular

category of the fishery for biological

sampling and monitoring the status of

the stock.

(ii) The catches of the particular gear

segment to date and the likelihood of

closure of that segment of the fishery if

no allocation is made.
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules 9731

(iii) The projected ability of the

particular gear segment to harvest the

additional amount of Atlantic bluefin

tuna before the anticipated end of the

fishing season.

(iv) The estimated amounts by which

quotas established for other gear

segments of the fishery might be

exceeded.

* * * * *

(e) Closures—(1) Atlantic bluefin

tuna. (i) NMFS will monitor catch and

landing statistics, including catch and

landing statistics from previous years

and projections based on those

statistics, of Atlantic bluefin tuna by

vessels other than those permitted in the

Purse Seine category. On the basis of

these statistics, NMFS will project a

date when the catch of Atlantic bluefin

tuna will equal any quota established

under this section, and will file

notification with the Office of the

Federal Register stating that fishing for

or retaining Atlantic bluefin tuna under

the quota must cease on that date at a

specified hour.

(ii) Upon determining that variations

in seasonal distribution, abundance, or

migration patterns of ABT, and the

catch rate in one area may preclude

anglers in an another area from a

reasonable opportunity to harvest its

historical share of the quota, NMFS may

close all or part of the Angling category

or reopen it at a later date, to ensure that

ABT have migrated to the identified

area before the entire Angling category

quota is reached. In determining the

need for any such temporary or area

closure, NMFS will consider the

applicable factors referenced under

§ 630.28(b)(5).

* * * * *

7. In § 630.29, paragraph (a)(1)(iv) is

removed and paragraphs (a)(1)(i) and

(a)(5) are revised to read as follows:

§ 630.29 Catch limits.

(a) Atlantic bluefin tuna—(1) General

category. (i) From the start of each

fishing year, except on designated

restricted- fishing days, only one large

medium or giant Atlantic bluefin tuna

may be caught and landed per day from

a vessel for which a General category

permit has been issued under

§ 630.4(a)(2). On designated restrictedfishing days, persons aboard such

vessels may not fish. NMFS will publish

in the Federal Register a schedule of

designated restricted-fishing days

applicable for that fishing season.

* * * * *

(5) Charter/Headboat category. (i)

Persons aboard vessels for which a

Charter/Headboat category permit has

been issued under § 630.4(a)(2) are

subject to the daily catch limit in effect

on that day for school, large school, and

small medium ABT applicable to the

Angling category or the daily catch limit

in effect on that day for large medium

and giant ABT applicable to the General

category. The size category of the first

ABT retained or possessed shall

determine the fishing category

applicable to the vessel that day.

Persons aboard the vessel may possess

ABT in an amount not to exceed a single

day’s catch, regardless of the length of

the trip, as allowed by the daily catch

limit in effect on that day for the

Angling or General category, as

applicable. School, large school, and

small medium ABT landed by persons

aboard Charter/Headboat category

vessels are counted against the Angling

category quota. Large medium and giant

ABT landed by persons aboard Charter/

Headboat category vessels are counted

against the General category quota if

landed under paragraph (a)(5)(ii) of this

section, or the Angling category quota,

if landed under paragraph (a)(5)(iii) or

(iv) of this section.

(ii) When commercial fishing by

vessels for which General category

permits have been issued under

§ 630.4(a)(2) is authorized, except when

fishing in the Gulf of Mexico, operators

of vessels for which a Charter/Headboat

category permit has been issued under

§ 630.4(a)(2) are subject to the daily

catch limit in effect for the General

category for large medium or giant

Atlantic bluefin tuna as specified in

paragraph (a)(1) of this section. Once the

applicable catch limit for large medium

or giant bluefin tuna is possessed or

retained on authorized commercial

fishing days, persons aboard vessels for

which Charter/Headboat category

permits have been issued under

§ 630.4(a)(2) must cease fishing and the

vessel must proceed to port. Large

medium or giant ABT landed under this

paragraph may be sold.

(iii) When the General category

fishery is closed, except when fishing in

the Gulf of Mexico, operators of vessels

for which a Charter/Headboat category

permit has been issued under

§ 630.4(a)(2) are subject to the annual

vessel limit and reporting requirement

for non-commercial take of large

medium or giant Atlantic bluefin tuna

as specified in paragraph (a)(4)(ii) of this

section. Once the applicable catch limit

for large medium or giant bluefin tuna

is possessed or retained under the

Angling category quota, fishing by

persons aboard Charter/Headboat

category vessels must cease and the

vessel must proceed to port.

(iv) At any time when fishing in the

Gulf of Mexico, operators of vessels for

which Charter/Headboat category

permits have been issued under

§ 630.4(a)(2) may not fish for, catch,

retain or possess bluefin tuna except

that large medium and giant bluefin

tuna taken incidental to fishing for other

species may be retained subject to the

annual vessel limit and reporting

requirement for non-commercial take of

large medium or giant Atlantic bluefin

tuna as specified in paragraph (a)(4)(ii)

of this section. Once the applicable

catch limit for large medium or giant

bluefin tuna is possessed or retained

under the Angling category quota,

fishing by persons aboard Charter/

Headboat category vessels must cease

and the vessel must proceed to port.

8. In § 630.30, paragraph (a)(1) is

revised to read as follows:

§ 630.30 Catch and release.

(a) Atlantic bluefin tuna. (1)

Notwithstanding other provisions of this

part, a person aboard a vessel permitted

under § 630.4(a)(2), other than a person

aboard a vessel permitted in the General

category on a designated restrictedfishing day, may fish for Atlantic

bluefin tuna under a tag and release

program, provided the person tags all

Atlantic bluefin tuna so caught with tags

issued or approved by NMFS under this

section, and releases and returns such

fish to the sea immediately after tagging

and with a minimum of injury. If

NMFS-issued or NMFS-approved tags

are not on board a vessel, all persons

aboard that vessel are deemed to be

ineligible to fish under the provisions of

this section.

* * * * *

9. In § 630.70, paragraphs (a)(8) and

(a)(78) are revised and paragraphs

(a)(101) and (a)(102) are added to read

as follows:

§ 630.70 Prohibitions.

* * * * *

(8) Fish for, catch, possess, or retain

any Atlantic bluefin tuna less than the

large medium size class from a vessel

other than one issued a permit for the

Angling or Charter/Headboat categories

under § 630.4(a)(2)(i), or a permit for the

Purse Seine category under

§ 630.4(a)(2)(i) as authorized under

§ 630.26(a)(2).

* * * * *

(78) Fish for, catch, or possess or

retain Atlantic bluefin tuna in excess of

the catch limits specified in § 630.29(a),

except that fish may be caught and

released under the provisions of

§ 630.30.

* * * * *

(101) For persons aboard vessels

permitted in the General category under
9732 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules

§ 630.4(a)(2), engage in fishing for any

species on designated restricted-fishing

days.

(102) Fish for, catch, possess or retain,

or attempt to fish for, catch, possess or

retain any ABT by means, aid, or use of

any aircraft, unless holding a valid

permit in the Purse Seine category

under § 630.4(a).

[FR Doc. 97–4587 Filed 2–27–97; 4:45 pm]

BILLING CODE 3510–22–F