25676 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules

request for allocation must be made in

conjunction with a request for Atlantic

bluefin tuna quota allocation as

specified under § 285.25(d).

(2) The Regional Director will review

applications for allocations of Atlantic

yellowfin tuna on or about May 1, and

will make equal allocations of the quota

among the purse seine vessels that

requested an allocation for that .

Yellowfin tuna allocations issued to

purse seine vessels are freely

transferable, in whole, to other Atlantic

tuna vessel permit holders, including

vessels other than purse seine vessels.

Any purse seine vessel permit holder

intending to transfer its allocation of

yellowfin tuna in any fishing season

must provide written notice of such

intent to the Regional Director 15 days

before commencing fishing in that

season. Purse seine vessel permit

holders who transfer their yellowfin

tuna allocation must not fish their

permitted vessel in any fishery in which

Atlantic yellowfin tuna might be caught.

If an Atlantic bluefin tuna purse seine

allocation is transferred pursuant to

§ 285.25(d)(2), any yellowfin tuna

allocation applicable to that purse seine

vessel must not be fished, but may be

transferred to another eligible vessel.

§ 285.57 Quotas.

The Assistant Administrator shall

specify fishing quotas for yellowfin and

bigeye tuna as necessary to implement

the management recommendations of

ICCAT.

(a) Yellowfin tuna. The total annual

(January 1–December 31) amount of

Atlantic yellowfin tuna that may be

caught, retained, possessed or landed by

persons and vessels subject to U.S.

jurisdiction in the regulatory area is

subdivided as follows:

(1) Purse Seine. The total annual

amount of yellowfin tuna that may be

caught, retained, possessed or landed in

the regulatory area by vessels permitted

in the Purse Seine category under

§ 285.52(d) is 350 mt.

(2) Other gear. The total annual

amount of Atlantic yellowfin tuna that

may be caught, retained, possessed or

landed by persons and vessels subject to

U.S. jurisdiction in the regulatory area

using gear authorized under § 285.50

other than purse seines is not subject to

a quota.

(b) Bigeye tuna. The total annual

(January 1–December 31) amount of

Atlantic bigeye tuna that may be caught,

retained, possessed or landed by

persons and vessels subject to U.S.

jurisdiction in the regulatory area is not

subject to a quota.

§ 285.58 Catch limits.

The Assistant Administrator shall

specify catch limits for commercial and

recreational fisheries as necessary to

implement the management

recommendations of ICCAT and to

achieve domestic fishery management

objectives. Persons aboard vessels

permitted under this part may possess

yellowfin and bigeye tuna 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

at that time. The captain, mate, or crew

member of a party or charter boat is not

an angler for purposes of this section.

When not operating as a party or charter

boat, persons aboard vessels permitted

in the Party/Charter category are exempt

from the daily catch limit.

(a) Yellowfin tuna. Anglers aboard

vessels permitted in the Angling

category or Party/Charter category may

catch and retain each day no more than

ten Atlantic yellowfin tuna.

(b) Bigeye tuna. Unless adjusted

pursuant to paragraph (c) of this section,

anglers aboard vessels permitted in the

Angling category or Party/Charter

category may catch and retain each day

an unlimited number of bigeye tuna.

(c) Adjustments to catch limits. The

Assistant Administrator may increase or

decrease the daily catch limit for

yellowfin or bigeye tuna, based on a

review of daily landing trends,

availability of the species on the fishing

grounds, and any other relevant factors,

to provide for maximum utilization of

the quota, if applicable. The Assistant

Administrator will publish a notice in

the Federal Register of any adjustment

in the catch limit made under this

paragraph. Such notice shall be

published at least 7 calendar days prior

to a change in daily catch limit

becoming effective.

§ 285.59 Incidental catch.

Persons or fishing vessels subject to

the jurisdiction of the United States

must release, in a manner to promote

survival, any yellowfin tuna or bigeye

tuna less than the minimum size

specified in § 285.51 taken incidental to

authorized fishing in the regulatory

area.

§ 285.60 Prohibitions.

(a) It is unlawful for any person or

vessel subject to the jurisdiction of the

United States to do any of the following:

(1) Fish for, catch, possess, or land

Atlantic yellowfin or bigeye tuna

without a valid permit required under

§ 285.52 and carried on board the vessel;

(2) Fish for, catch, land, or possess

Atlantic yellowfin or bigeye tuna in

excess of the catch limits specified in

§ 285.58 or below the minimum size

specified in § 285.51;

(3) Fish for or catch Atlantic yellowfin

or bigeye tuna in a directed fishery with

purse seine nets in excess of an

allocation made under § 285.56(c) or if

without any remaining bluefin tuna

allocation made under § 285.25(d);

(4) For any vessel other than a vessel

holding a purse seine permit issued

under § 285.52(d), to approach to within

100 yd (91.5 meters) of the cork line of

any purse seine net used by any vessel

fishing for Atlantic yellowfin or bigeye

tuna, or for any such purse seine vessel

to approach to within 100 yd (91.5

meters) of any vessel, other than a purse

seine vessel, fishing for Atlantic

yellowfin or bigeye tuna;

(5) Fail to release immediately with a

minimum of injury any Atlantic

yellowfin or bigeye tuna that will not be

retained;

(6) Begin fishing or offloading from

any purse seine vessel to which a permit

has been issued under § 285.21 any

Atlantic yellowfin or bigeye tuna

without first requesting an inspection of

the vessel in accordance with § 285.25;

(7) Fail to report the catching of any

Atlantic yellowfin or bigeye tuna to

which a plastic tag has been affixed

under a tag and release program

conducted by NMFS or any other

scientific organization;

(8) Falsify or fail to make, keep,

maintain, or submit any reports, or other

record required by this subpart;

(9) Refuse to allow an authorized

officer to make inspections for the

purpose of checking any records relating

to the catching, harvesting, landing,

purchase, or sale of any Atlantic

yellowfin or bigeye tuna required by

this subpart;

(10) Make any false statement, oral or

written, to an authorized officer

concerning the catching, harvesting,

landing, purchase, sale, or transfer of

any Atlantic yellowfin or bigeye tuna;

(11) Interfere with, delay, or prevent

by any means, the apprehension of

another person, knowing that such

person has committed any act

prohibited by this part;

(12) Refuse to permit access of NMFS

personnel to inspect any records

relating to, or area of custody of,

Atlantic yellowfin or bigeye tuna.

(b) It is unlawful for any person

subject to the jurisdiction of the United

States to violate any other provision of

this subpart, the Act, or any other rules

implemented under the Act.

[FR Doc. 95–11686 Filed 5–9–95; 12:21 pm]

BILLING CODE 3510–22–W