[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Rules and Regulations]
[Pages 27862-27865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13521]



[[Page 27862]]

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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.

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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 ICCAT-recommended 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<SUP></SUP> for August 
2<SUP></SUP>. August 2 had been proposed<SUP></SUP> because it followed 
last year's pattern for August (Sundays, Wednesdays, and market-related 
days); however, August 1<SUP></SUP>, which is a market-related 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 deg. N. lat.; 24 mt to longline vessels 
operating north of 34 deg. 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 June-August, 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 deg.27' W. long. (Shinnecock Inlet) and running SSE 150 deg. true, 
and north of 38 deg.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.

[[Page 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 set-aside 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) USA-TUNA.

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.

[[Page 27864]]

     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<SUP></SUP> for August 
2<SUP></SUP>. August 2 had been proposed<SUP></SUP> because it followed 
last year's pattern for August (Sundays, Wednesdays, and market-related 
days); however, August 1<SUP></SUP>, which is a market-related 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 set-asides, 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

[[Page 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 Sec. 285.22, paragraph (a)(3) is revised to read as follows:


Sec. 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 deg.27' W. long. (Shinnecock Inlet) 
and running SSE 150 deg. true, and north of 38 deg.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 set-
aside 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 set-aside fishery at a later date.
* * * * *
[FR Doc. 98-13521 Filed 5-18-98; 1:32 pm]
BILLING CODE 3510-22-F