27862 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[Docket No. 980320071–8128–02; I.D.

012198C]

RIN 0648–AK87

Atlantic Tuna Fisheries; Atlantic

Bluefin Tuna Annual Quota

Specifications and Effort Controls

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final specifications; final rule.

SUMMARY: NMFS announces

specifications and amends the

regulations for the Atlantic tuna

fisheries to set annual Atlantic bluefin

tuna (ABT) fishing category quotas and

General category effort controls. These

specifications and amendments are

necessary to implement the 1996

recommendation of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT) required by the

Atlantic Tunas Convention Act (ATCA)

and to achieve domestic management

objectives.

DATES: The final specifications are

effective May 15, 1998. The amendment

to 50 CFR 285.22 (a)(3) is effective June

22, 1998.

ADDRESSES: Copies of supporting

documents, including a Final

Environmental Assessment-Regulatory

Impact Review (EA/RIR), are available

from Rebecca Lent, 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:

Mark Murray-Brown at 978-281-9260; or

Sarah McLaughlin at 301–713–2347.

SUPPLEMENTARY INFORMATION: The

Atlantic tuna fisheries are managed

under the authority of ATCA. ATCA

authorizes the Secretary of Commerce

(Secretary) to issue regulations as may

be necessary to carry out the

recommendations of ICCAT. The

authority to issue regulations has been

delegated from the Secretary to the

Assistant Administrator for Fisheries,

NOAA (AA).

ICCAT has identified the western

stock of ABT as overexploited and

recommends fishing quotas for

contracting parties. Based on the 1996

revised stock assessment, parties at the

1996 meeting of ICCAT adopted a

recommendation to increase the annual

scientific monitoring quota of ABT in

the western Atlantic Ocean from 2,200

metric tons (mt) to 2,354 mt. The share

allocated to the United States was

increased from 1,306 mt to 1,344 mt to

apply each year for the 1997 and 1998

fishing years. NMFS amended the

Atlantic tuna fisheries regulations in

1997 to implement that ICCAT

recommendation as required by ATCA.

Background information and rationale

for these specifications were provided

in the preamble to the proposed

specifications (63 FR 16220, April 2,

1998) and are not repeated here. These

specifications allocate the total ICCATrecommended quota among the several

established fishing categories.

Changes From the Proposed

Specifications

Based on recently revised estimates of

recreational landings for 1997, NMFS

has determined that 4 mt remained

unharvested in the Angling category at

the end of 1997. Therefore, the final

specifications set the 1998 Angling

category quota at 269 mt and the large

school/small medium subquota at 153

mt, with 81 mt to the northern area and

72 mt to the southern area. These

estimates remain preliminary. Should

further revisions to the 1997

recreational landings estimates require,

NMFS will effect inseason adjustments

as necessary.

Based on consideration of comments

received during the 30-day comment

period, the following changes are made

to the final specifications. Three

additional restricted-fishing days are

established for July in order to extend

the fishery for the June-August time

period. In addition, August 1 is

substituted for August 2. August 2 had

been proposed because it followed last

year’s pattern for August (Sundays,

Wednesdays, and market-related days);

however, August 1, which is a marketrelated date, is preferable.

Based on comments received, a

revision is also made to the regulatory

text at 50 CFR part 285. Section

285.22(a)(3) is amended to allow for

more flexible timing of the New York

Bight set-aside allocation, e.g., prior to

October. The New York Bight set-aside

will be implemented when it is

determined that ABT have migrated to

the New York Bight area and when the

coastwide General category is closed.

These changes to the specifications

and regulatory text will improve NMFS’

ability to implement the ICCAT

recommendation and to further the

management objectives for the Atlantic

tuna fisheries.

Fishing Category Quotas

No changes have been made to the

baseline quotas established for 1997.

However, the ICCAT recommendation

allows, and U.S. regulations require, the

addition of any underharvest in 1997 to

that same category for 1998. Therefore,

NMFS adjusts the 1998 quotas for the

ABT fishery to account for underharvest

in 1997. The ABT fishing category

quotas for the 1998 fishing year are as

follows: General category–657 metric

tons (mt); Harpoon category-–53 mt;

Purse Seine category––250 mt; Angling

category—269 mt; Incidental category––

114 mt; and Reserve––52 mt.

The Angling category is subdivided as

follows: School ABT—108 mt

(consistent with the ICCAT limitation

on annual catch of school ABT to 8

percent by weight of the total annual

domestic quota, i.e., 1,344 mt), with 57

mt to the northern area (New Jersey and

north) and 51 mt to the southern area

(Delaware and south); large school/

small medium ABT—153 mt, with 81

mt to the northern area and 72 mt to the

southern area; large medium/giant

ABT—8 mt, with 3 mt to the northern

area and 5 mt to the southern area.

The Incidental category is subdivided

as follows: 89 mt to longline vessels

operating south of 34° N. lat.; 24 mt to

longline vessels operating north of 34°

N. lat.; and 1 mt to vessels using other

gear authorized for incidental take.

The General category is distributed as

follows, based upon historical catch

patterns (1983-96): 60 percent for JuneAugust, 30 percent for September, and

10 percent for October-December. These

percentages will be applied only to the

adjusted coastwide General category of

647 mt, with the remaining 10 mt being

reserved for the New York Bight fishery.

The New York Bight set-aside area was

redefined in 1997 as the area comprising

the waters south and west of a straight

line originating at a point on the

southern shore of Long Island at 72°27’

W. long. (Shinnecock Inlet) and running

SSE 150° true, and north of 38°47’ N.

lat. Thus, of the 647 mt, 388 mt will be

available in the period beginning June 1

and ending August 31; 194 mt will be

available in the period beginning

September 1 and ending September 30;

and 65 mt will be available in the period

beginning October 1 and ending

December 31.

When the coastwide General category

fishery has been closed in any quota

period, NMFS may publish a

notification in the Federal Register to

make available up to 10 mt of the quota

set aside for the New York Bight area.
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations 27863

The daily catch limit for the set-aside

area will be one large medium or giant

ABT per vessel per day. Upon the

effective date of the set-aside fishery,

fishing for, retaining, or landing large

medium or giant ABT is authorized only

within the set-aside area. Any portion of

the set-aside amount not harvested prior

to the reopening of the coastwide

General category fishery in the

subsequent quota period may be carried

over for the purpose of renewing the setaside fishery at a later date.

Attainment of the subquota in any

quota period will result in a closure

until the beginning of the following

quota period. The subquota for the

following quota period will be adjusted

by any underharvest or overharvest in

the previous quota period.

Announcements of inseason closures

will be filed with the Office of the

Federal Register, stating the effective

date of closure, and will be

disseminated by the Highly Migratory

Species (HMS) Fax Network, the

Atlantic Tunas Information Line, NOAA

weather radio, and Coast Guard Notice

to Mariners. Although notification of

closure will be provided as far in

advance as possible, fishermen are

encouraged to call the Atlantic Tunas

Information Line to check the status of

the fishery before leaving for a fishing

trip. The phone numbers for the

Atlantic Tunas Information Line are

(301) 713-1279 and (978) 281-9305.

Information regarding the Atlantic tuna

fisheries is also available through

NextLink Interactive, Inc., at (888) USATUNA.

Restricted-Fishing Days

NMFS has added 3 restricted fishing

days in July to the proposed schedule of

restricted fishing days in order to extend

the fishery for the June-August time

period. July 8 and 25 are added to

coordinate with Japanese market closure

dates and July 19, which is a Sunday on

which higher catch rates are anticipated.

Accordingly, persons aboard vessels

permitted in the General category are

prohibited from fishing (including tag

and release fishing) for ABT of all sizes

on the following days: July 8, 15, 16, 19,

22, 25, and 29; August 1, 5, 9, 11, 12,

13, 16, 19, 23, 26, and 30; and

September 2, 6, 9, 13, 16, 19, 20, 23, 27,

and 30. These restricted fishing days

will improve distribution of fishing

opportunities without increasing ABT

mortality.

Comments and Responses

General Category Quota

Comment: NMFS received several

comments that the Reserve does not

need to be increased given NMFS’

ability to closely monitor the fishery

and should be allocated to the General

category now rather than at the end of

the year, so that the historical ratio of

landings before and after September 1 is

preserved. Last year, 70 mt were

transferred into the General category

effective October 1. General category

fishermen in the northern New England

area feel that this action favored

southern New England fishermen

because of the location of ABT in the

fall.

Response: To ensure that the United

States does not exceed its quota and for

scientific research and monitoring

purposes, NMFS is maintaining the

Reserve as proposed (52 mt for 1998).

Harpoon Category Quota

Comment: NMFS received over 100

comments that 15 mt of the Reserve

should be allocated to the Harpoon

category at the beginning of the season.

The commenters do not think that it is

fair that the General and Angling

categories, which have had their annual

quotas increased through initial

allocation and inseason actions, may

again receive some of the Reserve while

the Harpoon category has remained at

the same quota level since 1992.

Response: As stated in the 1997 final

quota specifications, NMFS takes into

consideration the contribution of each

fishing category to catch-per-unit-effort

(CPUE) indices for the purposes of stock

assessment when allocating the quota.

Because catch rates are strongly

influenced by weather and sea

conditions and many harpooners use

spotter aircraft to assist in the location

of ABT, it is difficult to standardize

CPUE from the harpoon fishery.

Although Harpoon fishery data could

potentially be incorporated into an

index of abundance, such an index

would be less reliable than the existing

rod and reel based index which covers

a larger number of years, fishing areas,

and size classes. NMFS is not allocating

any additional quota to the Harpoon

category at this time; however, longterm

quota allocations are being considered

by the HMS Advisory Panel (HMS AP)

during the development of the fishery

management plan (FMP).

Angling Category Quota

Comment: NMFS received several

comments from commercial fishermen

to reduce the Angling category quota,

which has increased over recent years

even when the quota has been exceeded.

Recreational fishermen requested

reallocation of quota from the

commercial categories to the Angling

category because of increased

participation and the economic impact

on the recreational fishing industry.

Response: Because longterm quota

allocations will be addressed by the

HMS AP, no changes are made to the

Angling category quota in the final

specifications. Reallocation of quota to

or from the Angling category to or from

other categories or the Reserve would

require further environmental and

economic analyses due to changes in the

size composition of landings.

Purse Seine Category Quota

Comment: NMFS received several

comments, mostly from recreational

fishermen, that the Purse Seine category

quota should be reduced (e.g., by 50

percent) or eliminated and that the

quota be reallocated to the General and

Angling categories.

Some purse seiners submitted

comments in support of the status quo,

and some indicated that the quota

should return to the pre–1995 level of

301 mt, although not at the expense of

other categories. One individual

commented that NMFS should treat the

Purse Seine category like other

categories; overharvest should be

deducted from the Reserve or from the

following year’s quota, with no

additional penalty, and underharvest

should be added to the following year’s

quota, in accordance with ICCAT

recommendations.

Response: Because longterm quota

allocations will be addressed by the

HMS AP, no changes are made to the

Purse Seine category quota in the final

specifications. Reallocation of quota to

or from the Purse Seine category to or

from other categories or the Reserve

would require further environmental

and economic analyses due to changes

in the size composition of landings.

NMFS is required to add any

underharvest to the same category for

the following year when there is an

ICCAT recommendation to do so.

Incidental Category Quota

Comment: One commenter argued

that the late-season transfer of quota

from the Incidental category to other

categories should be returned to the

Incidental category. The commenter

recognized that, when this issue was

addressed at the January HMS AP

meeting, members supported leaving the

transferred quota in the General

category for the 1998 fishing season,

especially since the Incidental category

is not likely to be filled. The commenter

urged NMFS not to set such a precedent

and to address the restrictive catch

limits that result in the inability of

longline vessels to meet their quotas.
27864 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations

Response: The primary issue

regarding Incidental category quota

allocation is the recommendation of

ICCAT to reduce dead discards of ABT.

This issue will be examined in the

coming months as HMS prepares a

proposed rule to implement that ICCAT

recommendation. Once such measures

are in place, NMFS may consider the

longterm quota needs for this category.

Therefore, NMFS maintains the status

quo allocation at this time.

Time Period Subquotas

Several commenters believe that the

10 percent allocated to the General

category for October should be divided

between June-August and September.

Some commenters proposed that the

quota be divided as follows: 25 percent

for June, 25 percent for July, 25 percent

for August, and 25 percent for

September through December. Other

commenters supported an allocation of

50 percent for June through August, 35

percent for September, and 15 percent

for October through December, plus a

25–mt set-aside for the New York Bight

area. They also requested that NMFS be

flexible regarding the opening date of

the New York Bight set-aside fishery;

i.e., make the quota available when ABT

are present in the Mud Hole area.

Response: NMFS maintains the status

quo time period subquota breakdown in

these final specifications. Longterm

effort control issues will be addressed

by the AP in the course of FMP

development. In addition, NMFS

maintains the New York Bight set-aside

at 10 mt. However, NMFS amends the

regulations in conjunction with these

final specifications to allow for more

flexible timing of the New York Bight

set-aside allocation. The 1997

regulations specified that only when the

third period (October through

December) General category catch was

projected to have reached 65 mt, would

NMFS open the fishery for the

remaining 10 mt of the General category

quota for the New York Bight set-aside.

Through this final rule, NMFS amends

the regulations in to allow more

flexibility in managing the New York

Bight set-aside, by permitting the

implementation of the set-aside earlier

than October, if necessary.

Restricted Fishing Days (RFDs)

Comment: A organization

representing General category fishermen

requested additional days for July

through October to correspond with

Japanese market closure dates or to

enhance General category fishing

opportunities and scientific monitoring

by extending the season. Other

commenters felt that RFDs should be

scheduled for the first half of July in the

same manner as used for the second half

of July. Many others felt that RFDs do

not help increase market prices and are

burdensome to fishermen that could

otherwise fish for other species or take

care of other business after the ABT

season closes.

Other commenters preferred to have

more fishing days with low catch rates

early in the season (June through

August) as opposed to only a few fishing

days with high catch rates late in the

season. They noted that a late season

fishery (September/October) may be to

the detriment of the northern New

England fishery while benefitting the

Southern New England (Cape Cod and

Islands) fishery due to migration

patterns of ABT in the fall.

NMFS also received a comment that

the General category RFDs should be

implemented for the Harpoon category

as well to extend the Harpoon category

season, and some commercial fishermen

commented that tagging and releasing

ABT should be allowed on RFDs for

scientific monitoring purposes.

Response: NMFS has added 3

restricted fishing days in July to the

proposed schedule of restricted fishing

days in order to extend the fishery for

the June-August time period. July 8 and

25 are added to coordinate with

Japanese market closure dates, and July

19 is added, which is a Sunday on

which higher catch rates are anticipated.

In addition, NMFS is substituting

August 1 for August 2. August 2 had

been proposed because it followed last

year’s pattern for August (Sundays,

Wednesdays, and market-related days);

however, August 1, which is a marketrelated date, is preferable.

Because the October through

December allocation is small, HMS

believes that October RFDs would not

appreciably extend the fishery. Also,

weather is unpredictable in the October

fishery, and poor sea conditions may

limit participation. Should enough

quota be transferred to the late season

fishery to merit RFDs, NMFS could

adjust the effort control calendar with a

minimum 3-day notification to

fishermen. NMFS maintains that, for

enforcement reasons, all fishing for ABT

should be prohibited on RFDs. At this

time, NMFS does not intend to

implement RFDs for the Harpoon

category. One of the main purposes of

the RFDs is to extend the season in the

General category in order to collect

CPUE data. As the Harpoon category is

not used for collecting this type of

information, RFDs are not necessary.

Spotter Aircraft

Comment: Although the use of spotter

aircraft was not addressed in the

proposed specifications, NMFS

requested further comment on issues to

be considered by the HMS AP for the

HMS FMP and to implement future

ICCAT recommendations. Many

commenters felt that spotter aircraft use

by vessels permitted in the Harpoon

category should be prohibited for

reasons of fairness, safety, and/or

enforceability. Most commenters

indicated that aircraft should continue

to be used only by Purse Seine vessels.

Response: NMFS intends to gather

more public comments and data, and

would need to conduct further analyses

on this issue prior to making any

changes to the regulations. This issue

will be considered by the HMS AP

during FMP deliberations.

Other Comments

Angling category season. Mid-Atlantic

commenters requested that NMFS

establish ‘‘date-certain’’ seasons,

whereby the Angling category fishery in

a particular area will be opened at the

appropriate time (when ABT are in the

area) for a period of 30 days, at a

designated catch limit. This would

improve trip planning for Charter/

Headboat captains.

Angling category geographical areas.

There was some support for moving the

north/south boundary from Delaware

Bay to off Beach Haven, New Jersey.

Others supported a third zone, intended

to increase fishing opportunities in the

Mid-Atlantic region. Others oppose the

creation of a third zone because of the

potential monitoring difficulties.

General category set-asides. NMFS

received requests from North Carolina

fishermen for a portion of the General

category quota to allow General category

and Charter/Headboat category

fishermen to land and sell large medium

and giant ABT in the winter months

(November-December). NMFS also

received requests for a set-aside for the

Connecticut/Rhode Island/New York

area. Many General category

participants have opposed new setasides, especially for North Carolina.

General/Angling category separation.

Some commenters opposed the

prohibition on recreational fishing by

General category permit holders because

the fishery comprises mixed size classes

and trip planning is difficult when

vessels are limited to one quota

category.

Charter/Headboat catch limits. Some

commenters opposed the new regulation

that requires Charter/Headboats to fish

under either the General category or
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations 27865

Angling category catch limits, based on

the size of the first ABT retained. Some

Charter/Headboat constituents found

that the restriction puts undue burden

on their daily fishing practices and

encourages waste through discarding or

highgrading. NMFS received a

suggestion for a sliding scale of

increasing catch limits based on Coast

Guard documented passenger capacity

of a Charterboat. This would enable

larger boats to attract business.

Angling category monitoring. Some

commenters opposed the coastwide

expansion of the recreational harvest

tagging pilot program in North Carolina

and the use of permits to monitor the

recreational fishery; enhancement of the

Large Pelagic Survey is preferred.

Gear types. NMFS received several

comments from spearfishermen

requesting that they be allowed to spear

tunas, specifically ABT. The requesters

stated that they would have a minimal

impact on the fishery due to the small

subquota and number of fishermen

involved.

Several commenters objected to the

prohibition on harpoon gear in the

Charter/Headboat permit category. Some

argued that the harpoon is critical to

safely boat an ABT and is currently in

widespread use. Other commenters

would like to use harpoons as fishing

gear in the Charter/Headboat category

while fishing for large medium, and

giant ABT.

Response: NMFS intends to address

the specific issue of Angling category

catch limits and time/area openings and

closures during the season through

existing regulatory authority in order to

enhance fishing opportunities for

Angling category participants

coastwide. Comments regarding the

appropriate distribution will be

considered as NMFS effects inseason

adjustments.

Temporal and geographic

subdivisions for all categories, quota

monitoring, and modifications of catch

limits and gear types are issues under

discussion by NMFS and the HMS AP

as a comprehensive HMS FMP is being

developed. Therefore, NMFS will not

address these issues in these final quota

and effort control specifications,

pending further consideration and

appropriate analyses.

Reminder of Recent Changes for the

General and Charter/Headboat Permit

Categories

NMFS published by final rule on June

5, 1997 (62 FR 30741), a measure that

was effective January 1, 1998,

prohibiting persons aboard vessels

permitted in the General category from

retaining ABT less than the large

medium size class. This action

effectively separated the commercial

and recreational fisheries, with the

exception of charter/headboats.

In the same final rule, NMFS

specified that anglers aboard vessels

permitted in the Charter/Headboat

category may collectively 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 will determine the fishing

category of all persons aboard the vessel

and the applicable catch limits for that

day. On designated restricted fishing

days, persons aboard vessels permitted

in the Charter/Headboat category may

fish for school, large school, and small

medium ABT only, provided the

Angling category remains open, and are

subject to the Angling category catch

limits in effect.

Classification

These final specifications and

regulatory amendments are published

under the authority of the ATCA, 16

U.S.C. 971 et seq. The AA has

determined that these specifications and

amendments are necessary to

implement the recommendations of

ICCAT and are necessary for the

management of the Atlantic tuna

fisheries.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that the

proposed specifications, if

implemented, would not have a

significant economic impact on a

substantial number of small entities.

This determination remains valid for the

final specifications/final rule. Therefore,

no Regulatory Flexibility Analysis was

prepared.

These quota and effort control

specifications impose no requirements

with which fishermen will have to come

into compliance, and are necessary to

help ensure that the U.S. actions are

consistent with its international

obligations at ICCAT. Therefore, NMFS

has determined that there is good cause

to waive the 30-day delay in the

effective date normally required by 5

U.S.C. 553(d). NMFS will rapidly

communicate these final specifications

through the FAX network and NOAA

weather radio.

These final specifications and

regulatory amendments have been

determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: May 15, 1998.

Gary C. Matlock,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 285 is amended

as follows:

PART 285–ATLANTIC TUNA

FISHERIES

1. The authority citation for part 285

continues to read as follows:

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

2. In § 285.22, paragraph (a)(3) is

revised to read as follows:

§ 285.22 Quotas.

* * * * *

(a) * * *

(3) When the coastwide General

category fishery has been closed in any

quota period under paragraph (a)(2) of

this section, the Director may publish a

notification in the Federal Register to

make available up to 10 mt of the quota

set aside for an area comprising the

waters south and west of a straight line

originating at a point on the southern

shore of Long Island at 72°27’ W. long.

(Shinnecock Inlet) and running SSE

150° true, and north of 38°47’ N. lat. The

daily catch limit for the set-aside area

will be one large medium or giant ABT

per vessel per day. Upon the effective

date of the set-aside fishery, fishing for,

retaining, or landing large medium or

giant ABT is authorized only within the

set-aside area. Any portion of the setaside amount not harvested prior to the

reopening of the coastwide General

category fishery in the subsequent quota

period established under paragraph

(a)(1) of this section may be carried over

for the purpose of renewing the setaside fishery at a later date.

* * * * *

[FR Doc. 98–13521 Filed 5–18–98; 1:32 pm]

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