[Federal Register Volume 62, Number 42 (Tuesday, March 4, 1997)]
[Proposed Rules]
[Pages 9726-9732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4587]


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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.

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SUMMARY: NMFS proposes to amend regulations governing the Atlantic tuna 
fisheries to: Divide the large school-small 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 school-small 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,

[[Page 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 
restricted-fishing 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. Fee-paying 
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

[[Page 9728]]

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 (toll-
free, 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.

[[Page 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. Restricted- fishing 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 Sec. 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 Sec. 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 Sec. 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 Sec. 630.2, definitions for ``aircraft'' and ``restricted-
fishing day'' are added to read as follows:


Sec. 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 Sec. 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 Sec. 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:


Sec. 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

[[Page 9730]]

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 (<a href="http://
www.usatuna.com">http://
www.usatuna.com</a>). 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 Sec. 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:


Sec. 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 Sec. 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 Sec. 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 Sec. 630.21, paragraph (f) is added to read as follows:


Sec. 630.21  Gear restrictions.

* * * * *
    (f) Aircraft. Other than for a vessel holding a valid permit in the 
Purse Seine category under Sec. 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 Sec. 630.28, paragraphs (b)(5) and (e)(1) are revised to read 
as follows:


Sec. 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 
Sec. 630.1(b)(2) in accordance with Sec. 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.

[[Page 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 Sec. 630.28(b)(5).
* * * * *
    7. In Sec. 630.29, paragraph (a)(1)(iv) is removed and paragraphs 
(a)(1)(i) and (a)(5) are revised to read as follows:


Sec. 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 Sec. 630.4(a)(2). On designated restricted-fishing 
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 
Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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 Sec. 630.30, paragraph (a)(1) is revised to read as follows:


Sec. 630.30  Catch and release.

    (a) Atlantic bluefin tuna. (1) Notwithstanding other provisions of 
this part, a person aboard a vessel permitted under Sec. 630.4(a)(2), 
other than a person aboard a vessel permitted in the General category 
on a designated restricted-fishing 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 Sec. 630.70, paragraphs (a)(8) and (a)(78) are revised and 
paragraphs (a)(101) and (a)(102) are added to read as follows:


Sec. 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 
Sec. 630.4(a)(2)(i), or a permit for the Purse Seine category under 
Sec. 630.4(a)(2)(i) as authorized under Sec. 630.26(a)(2).
* * * * *
    (78) Fish for, catch, or possess or retain Atlantic bluefin tuna in 
excess of the catch limits specified in Sec. 630.29(a), except that 
fish may be caught and released under the provisions of Sec. 630.30.
* * * * *
    (101) For persons aboard vessels permitted in the General category 
under

[[Page 9732]]

Sec. 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 
Sec. 630.4(a).
[FR Doc. 97-4587 Filed 2-27-97; 4:45 pm]
BILLING CODE 3510-22-F