Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules 25665

of the Taylor and Morrison TED

modifications are found at 50 CFR

227.72(e)(4)(iii)(E), and the modified

single-grid hard TED is described at 50

CFR 227.72(e)(4)(i)(G)(2)(ii).

Classification

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

This proposed rule would establish a

registration program that contains a

collection-of-information requirement

subject to the PRA, namely, registration

by vessels fishing in the leatherback

conservation zone from Cape Canaveral,

FL, to the Virginia-North Carolina

border. This collection has been

approved by OMB under control

number 0648–0267. The public

reporting burden for this collection of

information is estimated to average 7

minutes per response, including the

time needed for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Comments

regarding this burden estimate or any

other aspect of this collection of

information, including suggestions for

reducing this burden, should be sent to

NMFS and OMB (see ADDRESSES).

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule would not have

significant economic impact on a

substantial number of small entities

because closures would occur for only

short periods of time in relatively small,

specific areas where leatherback

abundance is determined to be high,

while the rest of the leatherback

conservation zone would remain open.

Further, TEDs modified to allow the

escape of leatherbacks can be made at

minimal cost.

The Assistant Administrator for

Fisheries, NOAA,(AA) prepared an EA

for the interim rule published elsewhere

in this Federal Register volume and

concluded that, with specified

mitigation measures, that action will

have no significant impact on the

human environment. The AA has

determined that the EA prepared for the

interim rule is applicable to this

proposed rule.

The provisions of this proposed rule

will have already been in effect

pursuant to an interim rule issued by

NMFS elsewhere in this Federal

Register volume.

Dated: May 5, 1995

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, the interim rule amending 50

CFR parts 217, 222, and 227, published

elsewhere in this issue, is proposed to

be adopted as final.

[FR Doc. 95–11580 Filed 5–9–95; 11:46 am]

BILLING CODE 3510–22–P

50 CFR Part 285

[Docket No. 950426116–5116–01; I.D.

040495D]

RIN 0648–AH76

Atlantic Tuna Fisheries; Quotas and

Permit Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; public hearings;

request for comments.

SUMMARY: NMFS proposes amendments

to the regulations governing the Atlantic

tuna fisheries to: Set Atlantic bluefin

tuna (ABT) fishing category quotas for

the 1995 fishing year; control fishing

effort in the ABT General category; limit

entry in the ABT Harpoon Boat

category; extend vessel and dealer

permitting and reporting requirements

to all Atlantic tunas fisheries; adjust

angler bag limits; establish transferable

vessel allocations and a total quota in

the purse seine fishery for yellowfin

tuna, and make technical changes to

facilitate enforcement and improve

management efficiency.

The proposed regulatory amendments

would address allocation issues in the

ABT General and Harpoon Boat

categories, and simplify rules applicable

to recreational fishing for tunas. The

permitting and reporting provisions

would enhance data collection and

enforcement of catch restrictions in the

Atlantic tuna fisheries and enable the

United States to collect fishery

information needed by the International

Commission for the Conservation of

Atlantic Tunas (ICCAT) to produce

stock assessments. These actions are

necessary to begin implementation of

the 1993 recommendation of ICCAT

regarding fishing effort on yellowfin

tuna, and to implement the 1994

recommendation of ICCAT regarding

fishing quotas for bluefin tuna, as

required by the Atlantic Tunas

Convention Act (ATCA). 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 by June 8, 1995. See

SUPPLEMENTARY INFORMATION for dates,

times, and locations of the public

hearings.

ADDRESSES: Comments on the proposed

rule should be sent to, and copies of

supporting documents, including a

Supplemental Draft Environmental

Impact Statement (SDEIS) and

Regulatory Impact Review/Initial

Regulatory Flexibility Analysis (RIR/

IRFA), are available from, Richard B.

Stone, Chief, Highly Migratory Species

Management Division, Office of

Fisheries Conservation and Management

(F/CM), NMFS, 1315 East-West

Highway, Silver Spring, MD 20910–

3282. Information copies of proposed

permit applications and reporting forms

may be obtained from NMFS at the

above address, NMFS, Northeast Region,

Fisheries Management Division, 1

Blackburn Drive, Gloucester, MA

01930–2298, or NMFS, Southeast

Region, Fisheries Management Division,

9721 Executive Center Drive, St.

Petersburg, FL 33702–2432. Comments

regarding the burden-hour estimate or

any other aspect of the collection-ofinformation requirements contained in

this rule should be sent to Richard B.

Stone and to the Office of Information

and Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503 (Attn: NOAA Desk Officer).

See SUPPLEMENTARY INFORMATION for the

public hearing locations.

FOR FURTHER INFORMATION CONTACT:

Christopher W. Rogers, 301–713–2347;

or Kevin B. Foster, 508–281–9260.

SUPPLEMENTARY INFORMATION: The

Atlantic tuna fisheries are managed

under regulations at 50 CFR part 285

issued under the authority of the ATCA.

The ATCA authorizes the Secretary of

Commerce (Secretary) to implement

regulations as may be necessary to carry

out the recommendations of ICCAT. The

authority to implement ICCAT

recommendations has been delegated

from the Secretary to the Assistant

Administrator for Fisheries, NOAA

(AA).

Purpose

Bluefin Tuna: Based on a revised

stock assessment, parties to the 1994

meeting of ICCAT adopted a

recommendation to increase the annual

quota of ABT in the western Atlantic

Ocean from 1,995 metric tons (mt) to

2,200 mt. The share allocated to the

United States was set at 1,311 mt with

the provision that unused quota from

1994 be carried over or overharvest be
25666 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules

subtracted from the 1995 total. This

proposed rule would implement that

quota recommendation accounting for

overharvest and underharvest in each

regulatory category.

In addition to the proposed quota

allocations, NMFS proposes a number of

changes to operations of the ABT

Angling, General and Harpoon Boat

permit categories. The changes to the

regulations pertaining to the Angling

category would simplify the regulations,

reduce mortality, and reduce

information collection burdens. The

changes to the regulations pertaining to

the General category would lengthen the

fishing season by apportioning the total

allowable catch into monthly quotas

and restricting fishing on certain days.

The changes to the regulations

pertaining to the Harpoon Boat category

would curtail further expansion of

fishing effort in this category by

imposing a moratorium on new permits.

NMFS has determined that these

requirements would bring the United

States into compliance with the 1994

ICCAT recommendations pertaining to

management of bluefin tuna and would

improve economic returns to fishery

participants.

Yellowfin Tuna: Parties to the 1993

meeting of ICCAT adopted a

recommendation that Contracting

Parties restrict the effective level of

fishing effort directed at yellowfin tuna

to levels exerted in 1992. That

recommendation, which this proposed

rule would begin to implement, requires

information collection programs to

estimate accurately fishing effort exerted

by commercial and recreational

fisheries. In addition, NMFS is

proposing quotas in the purse seine

fishery, a catch limit of 10 fish per day

in the recreational fishery, a respecification of the size limit based on

a linear measure, and elimination of

tolerance of yellowfin tuna below the

minimum size. The ICCAT

recommendation is based on the need to

restrict potential escalation of fishing

effort directed at yellowfin tuna, which

is a fully exploited stock.

NMFS has determined that these

requirements would begin the process of

implementing the 1993 ICCAT

recommendations pertaining to

management of yellowfin tuna.

Fishing Category Quotas

During scoping meetings and the

subsequent comment period in 1994,

NMFS received numerous comments

regarding reallocation of the domestic

bluefin tuna quota among gear

categories. This rule proposes to

maintain the ‘‘status quo’’ method of

allocation of the domestic U.S. quota for

1995. However, NMFS will explore

other methods for domestic allocation

for 1996 and beyond and requests

additional comment, particularly on

access control and market-based

allocation alternatives.

Other methods for domestic allocation

include access control alternatives that

address overcapitalization. A brief

introduction to three access control

alternatives is provided in the SDEIS,

but these are not considered in detail

because NMFS does not intend to

implement them in 1995. The three

access control alternatives vary widely

in operation and effects on the fishery,

such as equitability, acceptability,

management costs, employment, and

overall economic efficiency. NMFS

plans to work with fishery participants

to research and develop these access

control alternatives, together with user

group allocation issues, for possible

implementation in future years.

The total 1995 quota allocated by

ICCAT to the United States is 1,311 mt.

Under the proposed allocation scheme,

the 76 mt increase over the 1994 U.S.

quota of 1,235 mt allocated to the

United States would be placed in the

Reserve category. Base quotas for all

other categories would be maintained at

the 1994 base levels. However, quotas

would be adjusted to account for 1994

underharvest or overharvest in

respective categories (Exhibit 1). The

proposed rule would set ABT fishing

category quotas for the 1995 fishing year

as follows: General category—438 mt;

Harpoon Boat category—47 mt; Purse

Seine category—301 mt; Angling

category—320 mt; Incidental category—

129 mt; Inseason Reserve—94 mt.

EXHIBIT 1.—PROPOSED ABT QUOTAS BY FISHING CATEGORY

Permit category 1994 quota

Inseason

adjustment

to quota

1994 adjusted quota 1994 catch 1994 over/

under

1995 adjusted quota

General ....................................................................... 531 18 549 642 93 438

Harpoon ...................................................................... 53 ................... 53 59 6 47

Incidental: ................................................................... 113 ................... 113 97 ¥16 129

Other ....................................................................... 4 ................... 4 2 ¥2 6

Longline ................................................................... 109 ................... 109 95 ¥-14 123

North .................................................................... 23 10 33 29 ¥4 23

South ................................................................... 86 ¥10 76 66 ¥10 100

Purse Seine ................................................................ 301 ................... 301 301 ................... 301

Angler: 219 ................... 219 118 ¥101 320

> School .................................................................. 120 ................... 120 70 ¥50 170

School ..................................................................... 99 ................... 99 48 ¥51 150

South ................................................................... 46.5 ................... 46.5 23.1 ¥23 70

North .................................................................... 52.5 ................... 52.5 24.5 ¥28 80

Total allocated ................................................. 1217 18 1235 1217 ¥18 1235

Reserve ............................................................ 18 ¥18 ..................... ..................... ................... 94

Total US ICCAT ............................................... 1235 ................... 1235 1217 ¥18 1329

Note: Overharvest/underharvest in 1994 is applied to 1994 base quotas to calculate 1995 adjusted quotas. The total 14 mt underharvest in the

longline category was applied to the base quota for the southern subcategory to compensate for the 1994 inseason transfer.

In addition, this proposed rule would

establish monthly quotas for the ABT

General category to address concerns

expressed to NMFS regarding allocation

of fishing opportunities and to allow for

a late season fishery. Many proposals for

lengthening the season were received by

NMFS during scoping meetings held in

September, 1994. In essence, these

proposals would apportion the total

catch into monthly quotas based on

historical records of landings. NMFS
Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules 25667

proposes to apportion the quota based

on the following percentages: 20 percent

in June/July; 35 percent in August; 35

percent in September; and 10 percent in

October. Of the 438 mt total, 88 mt

would be available in the period

beginning June 1 and ending July 31;

153 mt would be available in the period

beginning August 1 and ending August

31; 153 mt would be available in the

period beginning September 1 and

ending September 30; and 44 mt would

be available beginning October 1.

Attainment of quota in any period

would result in a closure until the

subsequent period, whereupon any

underharvest or overharvest would be

carried over to the subsequent period to

adjust the base quota for that period.

Such inseason closures would be

published in the Federal Register and

announced through local media and

over NOAA weather radio.

This proposed rule would also restrict

allowable fishing days for vessels

permitted in the ABT General category.

Industry groups have proposed daily

closures as a means of lengthening the

fishing season. Persons aboard vessels

permitted in the General category would

not be allowed to fish for, catch, retain,

or land ABT on Sundays and

Wednesdays, each week. This

management measure would serve to

prevent overharvest of quota in any

period and is tied, in part, to market

closures in Japan (the major export

market) to minimize potential negative

economic consequences to U.S.

fishermen.

The proposed effort controls would

improve distribution of fishing

opportunities without increasing ABT

mortality. Accordingly, there would be

no additional biological impacts

resulting from this proposed action.

ABT Permit and Reporting

Requirements

This proposed rule would impose a

moratorium, effective May 15, 1994, on

permits issued for vessels in the ABT

Harpoon Boat category, and establish

landings and vessel characteristics as

qualifying criteria for this category. This

management measure was proposed by

vessel owners in this category as a

means of preserving this traditional

fishery. Given the small quota allocated

to this category, limited entry would

curtail further expansion of fishing

effort.

Although NMFS published a control

date of September 1, 1994, pertaining to

access to the Atlantic tuna fisheries,

vessels issued permits in the Harpoon

category as of the control date were

required to declare participation prior to

May 15, 1994. For this reason NMFS

proposes to use the earlier date as a

cutoff for participation. In addition,

NMFS proposes further to restrict

permits to vessels active in the fishery,

as evidenced by landing at least one

ABT over the period 1990 through 1994,

and to vessels capable of participating

in this weather-sensitive offshore

fishery, as evidenced by being greater

than 25 feet in length.

NMFS records indicate that only 53

vessels of the 118 vessels currently

permitted in the Harpoon Boat category

would qualify under these vessel

characteristic and participation criteria.

As proposed, appeals would be

considered only in the event NMFS

records contain erroneous information

about the length of the vessel or its

associated catch history. Vessel owners

excluded from the Harpoon Boat

category based on erroneous

information could appeal in writing to

the Regional Director, stating the reason

for the appeal and providing

documented evidence of the vessel

characteristics and/or catch history.

NMFS also proposes to consolidate

ABT Angling and Incidental Rod & Reel

Category permits. Prior to establishing

the Angling category permit, NMFS had

established a permit to allow anglers to

take one large medium or giant ABT per

year, provided NMFS is notified when

the fish is landed, and provided the fish

is not sold. The proposed change in

requirements eliminates the need to

obtain two separate permits in the

recreational ABT fishery. However,

notification requirements for large

medium and giant ABT would still

apply to anglers, as would the one per

year limit and the prohibition of sale.

In addition, NMFS proposes to

preclude issuance of both ABT General

and Angling category permits to a single

vessel. Industry participants have

communicated concerns to NMFS that

permitting vessels in both the Angling

and General categories facilitates

violations of bag limits and results in

additional mortality of tuna, in that

vessels may continue to fish after the

daily commercial trip limit is reached

with the intent to capture a more

valuable fish or transfer illegal fish to

another vessel. Allowing issuance of

only a General or Angling category

permit to a single vessel would reduce

bluefin discard mortality. Persons

aboard General category vessels would

be required to cease fishing once the

daily limit is attained. Persons aboard

Angling category vessels registered in

the NMFS cooperative tagging program

would be authorized to continue catch

and release fishing once applicable

daily limits are attained.

The proposed permit requirements

would improve distribution of fishing

opportunities and should decrease ABT

mortality.

Private and Party/Charter Vessel Permit

Requirements

This proposed rule would amend the

ABT Party/Charter permit regulations to

allow for either recreational or

commercial fishing, under specific

conditions. Operators of partyboats and

charter vessels have expressed concerns

to NMFS that efforts to preclude vessels

from fishing in both a recreational and

commercial capacity would

disproportionately impact their sector.

Many operators indicated that they fish

commercially when not engaged in fee

fishing with clients. The proposed

regulations would allow vessels in the

Party/Charter categories to fish

commercially, provided they are not

operating as a partyboat or charter

vessel on that trip. Charter vessels with

more than three persons aboard and

partyboats with more persons aboard

than the crew requirements listed on the

Coast Guard certificate would be

deemed to be on a fee-fishing trip, and

anglers on board would be restricted to

the applicable bag limits.

This proposed rule would also extend

the Party/Charter vessel permit

requirement to all other Atlantic tunas

fisheries. In response to the ICCAT

recommendation that contracting parties

restrict effort on yellowfin tuna, NMFS

presented available data on the

yellowfin tuna recreational fishery at

scoping meetings in September 1994.

NMFS acknowledges that recreational

data are incomplete with regard to large

pelagics other than bluefin tuna. Given

the adverse public reaction to the

incomplete data and subsequent receipt

of a petition to take no further action

that affects recreational tuna fisheries

until NMFS can accurately document

the catch of this sector, it is clear that

NMFS must implement a

comprehensive recreational fishing

reporting program for all Atlantic tunas.

To initiate the process of

implementing the ICCAT

recommendation, NMFS proposes

permits for Party/Charter vessels,

effective September 15, 1995, to assist in

developing a sampling frame and survey

design. Party/Charter vessels permitted

in the bluefin tuna Angling category

would be exempt from this requirement

to prevent issuance of redundant

permits. Effective January 1, 1996,

owners of private vessels would also be

required to obtain permits to fish for,

retain and land any Atlantic tuna.

The proposed permit requirements

would improve distribution of fishing
25668 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules

opportunities by separating commercial

and recreational activities but would

allow for income-dependent groups

such as charter operators to continue

making a living in the fishery. These

proposed requirements should have no

incremental effect on ABT mortality.

Purse Seine Permit, Quota and

Reporting Requirements

This proposed rule would extend the

vessel permit requirements for purse

seine vessels to all Atlantic tunas

fisheries and restrict eligibility to purse

seine vessels currently permitted for

ABT. Although NMFS has by regulation

restricted entry to the purse seine

fishery for ABT since 1982, the

regulations regarding allowable purse

seine fishing for other Atlantic tunas

have not been explicit. However, the

1982 purse seine ABT quota was

allocated as bycatch only, to be taken

incidental to purse seine fishing for

yellowfin and skipjack tuna. Currently,

regulations preclude any purse seine

operator who has transferred a directed

fishing ABT allocation to another purse

seine vessel from using purse seines in

any fishery in which ABT might be

incidentally taken. While current

regulations imply that fishing for

Atlantic tunas with purse seines is

restricted to vessels with ABT

allocations, the proposed regulations

would explicitly limit purse seine

fishing for Atlantic tunas to vessels

permitted in the ABT Purse Seine

category and which have reported

yellowfin landings to NMFS over the

period 1989 through 1993.

Also, this proposed rule would

establish a 350 mt purse seine quota for

yellowfin tuna. While it is essential that

NMFS document the full extent of U.S.

yellowfin tuna fisheries prior to

proposing rules to implement the

ICCAT recommendation, information on

the purse seine fishery for yellowfin

tuna is complete. Although the purse

seine fishery is the only segment of the

Atlantic yellowfin tuna fishery for

which a quota is proposed at this time,

NMFS would implement quotas, or

other methods of effort (catch) control,

in other fishery sectors (e.g., longline,

rod and reel) as complete information

on effort is compiled.

The purse seine quota would be

allocated in equal shares to all eligible

purse seine vessels requesting such

allocation. This proposed total quota

was derived from the five year average

total catch over the period 1989–93, and

corresponds approximately to the 1992

catch of 376 mt.

As proposed, individual purse seine

allocations would be transferable, in

whole, to any other vessel permitted in

the Atlantic tunas fisheries, including

vessels other than purse seine vessels.

Such transferability would enable a

given level of catch (removal from the

stock) to be landed by that segment of

the industry, recreational or

commercial, which obtains the highest

value for the tuna. In the event a purse

seine vessel transfers its ABT allocation,

the vessel’s yellowfin allocation, if

applicable, also would be transferred or

forfeited.

In addition, this proposed rule would

require purse seine hailing/reporting for

all trips in which Atlantic tunas are

expected to be taken either as a directed

fishing allocation or as bycatch.

For the most part, the proposed purse

seine requirements only codify existing

fishing practices in response to the

ICCAT recommendations and domestic

management objectives. These measures

should have no incremental effect on

mortality of Atlantic tunas.

Commercial Use Permits

In response to the ICCAT

recommendation that contracting parties

restrict effort on yellowfin tuna, NMFS

must collect complete catch and

landings statistics for the yellowfin

fisheries. This proposed rule would

require vessel permits for operators

engaging in sale of Atlantic tunas

(exempting swordfish/shark/bluefin

tuna permittees) and would require

dealer permits for the purchase of

Atlantic tunas (exempting current

swordfish/shark/bluefin permittees).

Much information on yellowfin tuna

fisheries is collected through existing

logbooks and dealer reports for the ABT,

swordfish and shark fisheries. However,

NMFS believes that all fishermen and

dealers active in yellowfin tuna fisheries

may not be covered under the existing

reporting programs.

The proposed permit requirements

would improve NMFS’ ability to

document participation in the tuna

fisheries and would have no effect on

mortality of Atlantic tunas.

ABT Daily Reports

This proposed rule would replace the

daily fax reporting requirement for ABT

dealers with a phone-in report via an

interactive voice response system

(IVRS). The IVRS would improve quota

monitoring because data would be

entered electronically and directly by

ABT dealers. Real-time data entry is

essential to prevent quota overages in

ABT quota categories. These revised

reporting requirements would also

facilitate monitoring of proposed

monthly quotas in the ABT General

category and would reduce the adverse

impacts of subtracting quota overages

from subsequent periods. The proposed

permit requirements would have no

effect on mortality of Atlantic tunas.

Angling Category Bag Limits

NMFS proposes to simplify ABT

angling category bag limits. Currently,

bag limits are complex and vary

depending on size categories of ABT

and whether anglers are aboard a private

vessel or a party/charter vessel. These

bag limits were intended to maximize

fishing opportunities, lengthen the

fishing season, and reduce fishing

mortality on particular age classes of

fish. In application, the bag limits, and

adjustments thereto necessary to reflect

changing abundance of individual year

classes, are difficult to communicate

effectively to both anglers and

enforcement personnel.

For these reasons, NMFS proposes to

simplify ABT bag limits as follows: each

angler aboard a vessel permitted in the

Angling or Party/Charter category would

be authorized to retain and land a

maximum of two ABT per trip from

among the school, large school, or small

medium size classes.

NMFS also proposes to implement a

10 fish per angler catch limit for

yellowfin tuna. This measure is

necessary to reduce waste and maximize

fishing opportunities as NMFS begins to

implement the ICCAT recommendation

to limit effective fishing effort on

yellowfin tuna. Vessel owners or

operators who sell yellowfin and

consequently do not wish to be bound

by the angler catch limits, could apply

for commercial fishing permits.

Yellowfin and Bigeye Tuna Size Limits

This proposed rule would re-specify

yellowfin and bigeye tuna minimum

size limits as a linear measure of 22

inches (56 cm) according to the curved

measurement method. Currently, the

ICCAT recommendation on minimum

sizes for these species is expressed as

3.2 kg (7 lb). It is more practical to take

length rather than weight measurements

at-sea, and this change would reduce

handling of fish to be released. This

measure should better enable release of

small yellowfin and bigeye tuna in a

manner that will promote survival.

NMFS also proposes to eliminate the

tolerance of undersized yellowfin and

bigeye tuna to require release of small

fish and to facilitate enforcement.

Technical Amendments

A number of technical amendments to

the regulations are proposed to facilitate

enforcement, promote compliance and/

or increase management efficiency. In

section 285.1, letters of exemption from

regulations for the purpose of scientific
Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules 25669

research would be issued only by the

Director, Office of Fisheries

Conservation and Management. This is

necessary to provide NMFS and Coast

Guard enforcement personnel with a

single point of contact regarding

conditions of exemption from

regulations otherwise applicable to the

parties conducting scientific research.

Another proposed technical

amendment would prohibit close

approaches by purse seine vessels to

other vessels engaged in recreational or

commercial fishing for Atlantic tunas.

Current regulations prohibit all vessels

other than purse seine vessels from

approaching within 100 yards of the

cork line of a purse seine. The proposed

amendment would make the

requirement reciprocal by prohibiting

purse seine vessels from approaching

within 100 yards of other vessels

engaged in recreational or commercial

fishing.

NMFS also proposes to amend the 10

percent bycatch limit for large medium

ABT applicable to purse seine vessels

from a per trip limit to a per season

limit. ABT tend to segregate into schools

of distinct age classes. While operators

of these vessels target giant ABT and set

purse seines accordingly, some captured

fish inevitably fall into the large

medium size class. The 10 percent

bycatch allowance reduces waste of fish

that would otherwise be discarded dead,

and limits ABT mortality since retained

large medium fish are counted against

the purse seine vessel allocation. The

proposed change would further reduce

waste by allowing flexibility in the

bycatch limit as applied to individual

trips.

NMFS also proposes to add

definitions for ‘‘bandit gear’’

(downriggers), fixed gear, rod and reel

gear and trap, and to clarify the use of

these gear types in the ABT fisheries.

NMFS has learned that some General

category vessels have used bandit gear

to fish for ABT for a number of years.

Under the current regulations, this gear

is prohibited because it does not fit the

definition of handlines. By specifying

authorized gear according to existing

gear definitions, NMFS unintentionally

prohibited bandit gear. The proposed

change would define the gear type and

add it to the listing of authorized gear

for the Atlantic tuna fisheries.

Finally, NMFS proposes to amend the

instructions on measurement of tunas to

replace the phrase ‘‘tip of the snout’’

with ‘‘tip of the upper jaw.’’ This is

necessary to clarify the proper method

of measuring the total length of tunas.

Regulations Affecting Incidental Catch

Although NMFS is not currently

proposing changes to regulations

affecting the Incidental category

landings requirements, NMFS does

request additional comment on the

division of quota and specification of

landings requirements affecting the

northern and southern subcategories.

NMFS has received numerous written

comments that the landings

requirements applicable in the northern

subcategory cannot be met by vessels in

the shark longline fisheries operating off

of North Carolina in the winter months,

due to the trip limits in effect under the

shark fishery management plan.

Participants in this winter shark fishery

have noted that the ABT and shark

regulations, taken together, force

discarding of ABT. These fishermen

have requested an allowance to land

and market fish which would otherwise

be discarded dead, thus increasing boat

revenues without contributing to

additional ABT mortality.

NMFS believes a review of the ABT

incidental catch regulations is needed,

including division of the quotas,

position of the dividing line between

the northern and southern

subcategories, and landing criteria

applicable to each management area.

NMFS therefore requests specific

comments on ways to reduce incidental

mortality of ABT while allowing for

commercial use of unavoidable bycatch.

Locations of Public Hearings

The public hearing schedule is as

follows:

Tuesday, May 23, 1995, Portland, ME,

6–10 p.m.

Holiday Inn, 81 Riverside Street,

Portland, ME 04103

Wednesday, May 24, 1995, Portsmouth,

NH, 6–10 p.m.

City Hall Council Chamber, One Junkins

Avenue, Portsmouth, NH 03801

Thursday, May 25, 1995, Plymouth, MA,

6–10 p.m.

Plymouth North High School, Obery

Street, Plymouth, MA 02360

Friday, May 26, 1995, Tom’s River, NJ,

6–10 p.m.

Holiday Inn, 290 Highway 37E, Tom’s

River, NJ 08753

Tuesday, May 23, 1995, Ocean City, MD,

6–10 p.m.

City Hall Council Chambers, 3rd Street

and Baltimore Ave., Ocean City, MD

21842

Wednesday, May 24, 1995, Silver

Spring, MD, 2–5:30 p.m.

NOAA Building 2, Room 2358, 1325

East-West Highway, Silver Spring,

MD 20910

Wednesday, May 24, 1995, Norfolk, VA,

6–10 p.m.

Quality Inn Lake Wright Convention

Center, 6280 Northampton Blvd.,

Norfolk, VA 23502

Thursday, May 25, 1995, Manteo, NC,

6–10 p.m.

North Carolina Aquarium, Airport Rd.,

Manteo, NC 27954

Monday, May 22, 1995, New Orleans,

LA, 6–10 p.m.

Quality Inn Midtown, 3900 Tulane

Avenue, New Orleans, LA 70119

Tuesday, May 23, 1995, Panama City,

FL, 6–10 p.m.

Best Western Bayside Inn, 711 W. Beach

Drive, Panama City, FL 32401

Wednesday, May 24, 1994, Madeira

Beach, FL, 6–10 p.m.,

City Hall, 300 Municipal Drive, Madeira

Beach, FL 33708

Thursday, May 25, 1995, Deerfield

Beach, FL, 6–10 p.m.

The Paramount, 2901 N. Federal

Highway, Boca Raton, FL 33431

Friday, May 26, 1995, Corpus Christi,

TX, 6–10 p.m.

Sandy Shores Beach Hotel/Aquarium

Village, 3200 Surfside, Corpus Christi,

TX 78408

Saturday, May 27, 1995, Port Arthur,

TX, 6–10 p.m.

Best Western Airport Inn, 200 Memorial

Highway 69, Port Arthur, TX 77627

These hearings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to Richard B. Stone

by May 16, 1995 (see ADDRESSES).

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. NMFS prepared

a SDEIS for this proposed rule; a notice

of availability was published on March

17, 1994 (60 FR 14432). In contrast to

the bluefin tuna DEIS published in

April, 1994, all of the quota levels
25670 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules

examined result in increases in the

spawning and total biomass of bluefin

tuna. This is primarily the result of a

revised stock assessment for western

Atlantic bluefin tuna that has resulted

in a more optimistic prognosis for the

stock. However, the range of quotas

examined herein produces marked

differences in the rate of stock

rebuilding. Domestic allocations also

have an effect on the rate of rebuilding.

For a given total quota, large allocations

to the small fish fishery are projected to

result in somewhat slower rates of stock

rebuilding; however, the net economic

benefits from the small fish fisheries are

substantial.

NMFS prepared an initial regulatory

flexibility analysis (IRFA), as part of the

Regulatory Impact Review (RIR), which

describes the impact this proposed rule

would have on small entities, if

adopted. The RIR/IRFA indicates that

General category permit holders (81

percent of commercial vessels landing at

least one bluefin in 1994) would face a

reduction of gross revenues of

approximately 18 percent due to the

reduction in overall quota relative to

1994. Copies of the RIR/IRFA are

available from NMFS (see ADDRESSES).

This proposed rule has been determined

to be not significant for purposes of E.O.

12866.

This proposed rule contains new and

revised collection-of-information

requirements subject to review under

the Paperwork Reduction Act. It

modifies requirements that were

approved by the Office of Management

and Budget (OMB) under control

numbers 0648–0202 and 0648–0239 and

restates requirements that were

approved by OMB under control

number 0648–0168.

On an incremental basis,

approximately 1,000 fishing vessel

owners and 10 fish dealers would be

affected by the proposed permitting and

reporting requirements for sale of

Atlantic tunas. Approximately 300 ABT

dealers would be affected by the

proposed IVRS reporting requirements.

The public reporting burden for

completing an application for a Federal

fishing permit for vessel owners is

estimated at 0.50 hours (30 minutes) per

response for initial applications and

0.25 hours (15 minutes) per response for

renewals. The public reporting burden

for completing an application for a

Federal permit for tuna dealers is

estimated at 0.08 hours (5 minutes) per

response. The public reporting burden

for these dealers for collection of

information on dealer reports is

estimated at 0.08 hours (5 minutes) per

response for the phone-in (IVRS) daily

dealer reports, at 0.05 hours (2.5

minutes) per response for the written

daily dealer reports, at 0.55 hours (33

minutes) per response for the biweekly

dealer reports. The public reporting

burden for completing a vessel log by

vessel owners is estimated at 0.10 hours

(6 minutes) per day and 0.10 hours (6

minutes) per notification of fish transfer.

These estimates include the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments

regarding these burden estimates or any

other aspects of these collections of

information, including suggestions for

reducing the burden, to NMFS and OMB

(see ADDRESSES).

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: May 8, 1995.

Henry R. Beasley,

Acting Deputy Assistant Administrator for

Fisheries, National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 285 is proposed

to be 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 § 285.1, paragraph (c) is revised

to read as follows:

§ 285.1 Purpose and scope.

* * * * *

(c) This part does not apply to any

person or vessel authorized by the

Commission, the Director, or any state

upon approval by the Director, to engage

in fishing for research purposes.

* * * * *

3. In § 285.2, the definition of ‘‘Center

Director’’ is removed, definitions of

‘‘Bandit gear’’ , ‘‘Fixed gear’’, ‘‘Rod and

reel’’, ‘‘Trap’’ and ‘‘Vessel Length’’ are

added, in alphabetical order, and the

definitions of ‘‘Charterboat’’, ‘‘Curved

fork length’’, ‘‘Party boat’’ and ‘‘Straight

fork length’’ are revised to read as

follows:

§ 285.2 Definitions.

* * * * *

Bandit gear (downrigger) means

vertical hook-and-line gear with rods

attached to a vessel, with no more than

2 hooks per line and with line retrieved

by manual, electric, or hydraulic reels.

* * * * *

Charter boat means a vessel less than

100 gross tons (90.8 metric tons) that

meets the requirements of the Coast

Guard to carry six or fewer passengers

for hire and that carries a passenger for

hire at any time during the calendar

year. A charter vessel with a permit

issued under this part is deemed to be

operating as a charter when it carries a

passenger who pays a fee or when there

are more than three persons aboard,

including operator and crew.

* * * * *

Curved fork length means a

measurement of the length of Atlantic

bluefin tuna taken in a line tracing the

contour of the body along the middle of

the lateral surface from the tip of the

upper jaw to the fork of the tail.

* * * * *

Fixed gear means stationary, anchored

non-trawl gear.

* * * * *

Partyboat (headboat) means a vessel

that holds a valid Certificate of

Inspection issued by the Coast Guard to

carry passengers for hire. A partyboat

with a permit issued under this part is

deemed to be operating as a partyboat

when it carries a passenger who pays a

fee or when there are more persons

aboard than the number of crew

specified in the vessel’s Certificate of

Inspection.

* * * * *

Rod and reel means a hand-held

(includes rod holder) fishing rod with a

manually operated reel attached.

* * * * *

Straight fork length means a

measurement of the length of Atlantic

bluefin tuna taken in a straight line

along the middle of the lateral surface

from a line perpendicular to the tip of

the upper jaw to a line perpendicular to

the fork of the tail.

* * * * *

Trap means a pound net, weir or gill

net that is maintained and operated at

a fixed location.

* * * * *

Vessel length means the length listed

on the vessel’s U.S. Coast Guard

Certificate of Documentaiton or

Certificate of Number.

4. In § 285.3, paragraphs (j) and (k) are

revised, and paragraphs (q) and (r) are

added to read as follows:

§ 285.3 Prohibitions.

* * * * *

(j) For any person on board a vessel

subject to the jurisdiction of the United

States to fish for or catch any species of

Atlantic tuna with gear that is not

authorized under § 285.21(b) or

§ 285.50, or to retain or land Atlantic
Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules 25671

tunas taken with unauthorized gear,

unless authorized under § 285.7.

(k) For any person to possess any

Atlantic tuna on board a vessel subject

to the jurisdiction of the United States

that has gear on board that is not

authorized under § 285.21(b) or

§ 285.50, unless authorized under

§ 285.7.

* * * * *

(q) Purchase, receive, or transfer for

commercial purposes any Atlantic tunas

if such were not landed by owners or

operators of vessels permitted to sell

tunas under this part, or if without a

valid dealer permit issued under this

part.

(r) Sell, offer for sale, or transfer for

commercial purposes any Atlantic tunas

if not landed by owners or operators of

vessels permitted to do so under this

part or to any person or vessel without

a valid dealer permit issued under this

part.

5. Section 285.9 is revised to read as

follows:

§ 285.9 Commercial activity.

(a) Sale of Atlantic tunas is restricted

to fish landed by owners or operators of

vessels permitted under § 285.21 or

§ 285.52. Owners or operators of vessels

permitted in the Atlantic shark fishery

(50 CFR part 678) or the Atlantic

swordfish fishery (50 CFR part 630) are

exempt from the requirements of this

section.

(b) Purchase of Atlantic tunas is

restricted to dealers permitted under

§ 285.28 or § 285.54. Dealers permitted

in the Atlantic shark fishery (50 CFR

part 678) or the Atlantic swordfish

fishery (50 CFR part 630) are exempt

from the requirements of this section.

6. In § 285.20, paragraphs (a)(1)(i) and

(b)(3) are revised to read as follows:

§ 285.20 Fishing seasons.

(a) * * *

(1) * * *

(i) For anglers fishing for Atlantic

bluefin tuna under the quota specified

in § 285.22(d);

* * * * *

(b) * * *

(3) A vessel permitted in the Purse

Seine category may fish under the

bluefin tuna quota specified in

§ 285.22(c), or in fisheries for Atlantic

yellowfin or skipjack tuna where bluefin

tuna might be taken as bycatch, only

until the allocation of bluefin tuna

assigned or transferred under

§ 285.25(d) to that vessel is reached.

Upon reaching its individual vessel

allocation of Atlantic bluefin tuna, a

purse seine vessel will be deemed to

have been given notice that fisheries for

any Atlantic tunas are closed to that

vessel.

* * * * *

7. In § 285.21, paragraphs (a), (b), the

heading and first sentence in paragraph

(c), and paragraphs (h), (i) and (m) are

revised and paragraph (n) is added to

read as follows:

§ 285.21 Vessel permits.

(a) Permit requirements. Each vessel

that fishes for, or takes, Atlantic bluefin

tuna must have on board a valid permit

issued under this section.

(b) Categories of permits. Upon

submission of a complete and valid

application pursuant to paragraph (c) of

this section, the Regional Director will

issue to each qualifying vessel a permit

for only one of the following categories:

General, Party/Charter, Angling,

Harpoon Boat, Purse Seine, or

Incidental Catch. A permitted vessel is

entitled to fish for Atlantic bluefin tuna

only under the quota for the category in

which it is permitted, except that catch

of anglers aboard Party/Charter vessels

will be counted against the Angling

category when the vessel is operating as

a charter vessel or partyboat and will be

counted against the General category

when the vessel is not operating as a

charter vessel or partyboat. A vessel

must use gear appropriate to the

category for which it is permitted:

(1) General—rod and reel, handline,

harpoon, bandit gear

(2) Party/Charter—rod and reel,

handline

(3) Angling—rod and reel, handline

(4) Harpoon Boat—harpoon

(5) Purse Seine—purse seine nets

(6) Incidental Catch—purse seine

nets, fixed gear, traps, longlines.

(c) Application procedure. Permits

issued under this section must be

renewed upon expiration. * * *

* * * * *

(h) Transfer. A permit issued under

this section, except in the case of

harpoon boat and purse seine permits as

allowed under paragraph (m) of this

section, is not transferable or assignable

to another vessel or owner; it is valid

only for the vessel and owner to which

it is issued.

(i) Display. A permit issued under this

section must be carried on board the

vessel at all times. The permit must be

displayed for inspection upon request of

any authorized officer or any employee

of NMFS designated by the Regional

Director for such purpose. Upon sale of

any large medium or giant Atlantic

bluefin tuna, the vessel permit must be

presented for inspection to the dealer

completing the landing card.

* * * * *

(m) Closed categories. (1) For 1995,

The Regional Director will issue permits

to catch and retain Atlantic bluefin tuna

under § 285.22(b) only to current

owners of those Harpoon Boat category

vessels, or their replacements, that were

issued permits under this subpart prior

to May 15, 1994, that are a minimum of

25 ft (7.6 m) in length, and that have

documented landings of Atlantic bluefin

tuna during the period 1990 through

1994. The Regional Director will not

issue a permit to take Atlantic bluefin

tuna under this subpart to any vessel

that was replaced with another vessel

and retired from the Harpoon Boat

fishery during the period 1990 through

1994, unless that vessel is replacing

another vessel being retired from the

fishery. In years subsequent to 1995, the

Regional Director will issue permits to

catch and retain Atlantic bluefin tuna

only to owners of those Harpoon Boat

category vessels, or their replacements,

that were issued permits under this

subpart in 1995.

(2) The Regional Director will issue

permits to catch and retain Atlantic

bluefin tuna under § 285.22(c) only to

current owners of those purse seine

vessels, or their replacements, that were

granted allocations under this subpart

and landed Atlantic bluefin tuna in the

fishery for Atlantic bluefin tuna during

the period 1980 through 1982. The

Regional Director will not issue a permit

to take Atlantic bluefin tuna under this

subpart to any vessel that was replaced

with another vessel and retired from the

purse seine fishery during the period

1980 through 1982, unless that vessel is

replacing another vessel being retired

from the fishery.

(n) Appeal of denial of permit. (1)

Any applicant denied a moratorium

permit under paragraph (m) may appeal

to the Regional Director within 30 days

of the notice of denial. Any such appeal

shall be in writing. The only ground for

appeal is that the Regional Director

erred in concluding that the vessel did

not meet the criteria in paragraph (m) of

this section. The appeal shall set forth

the basis for the applicant’s belief that

the Regional Director erred in his

decision.

(2) The appeal may be presented, at

the option of the applicant, at a hearing

before an officer appointed by the

Regional Director.

(3) The decision on the appeal by the

Regional Director is the final decision of

the Department of Commerce.

8. In § 285.22, paragraphs (a), (b), (d),

(e), the heading and first sentence of
25672 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules

paragraph (f), introductory text and

paragraph (h) are revised to read as

follows:

§ 285.22 Quotas.

* * * * *

(a) General. The total annual amount

of large medium and giant Atlantic

bluefin tuna that may be caught,

retained, possessed or landed in the

regulatory area by vessels permitted in

the General category under § 285.21(b)

is 438 mt, of which 88 mt are available

in the period beginning June 1 and

ending July 31; 153 mt are available in

the period beginning August 1 and

ending August 31; 153 mt are available

in the period beginning September 1

and ending September 30; and 44 mt are

available beginning October 1. On the

basis of the statistics referenced at

§ 285.20(b)(1), the Assistant

Administrator will project a date when

the catch of Atlantic bluefin tuna will

equal the available quota in any period,

and will publish a notification in the

Federal Register stating that fishing for,

retaining, possessing, or landing

Atlantic bluefin tuna under the earlyseason quota must cease on that date at

a specified hour, and not recommence

until opening of the subsequent quota

period, whereupon a quota equal to the

difference between the quota for that

period and the estimated overharvest or

underharvest prior to that period will

become available.

(b) Harpoon Boat. The total annual

amount of large medium and giant

Atlantic bluefin tuna that may be

caught, retained, possessed or landed in

the regulatory area by vessels permitted

in the Harpoon Boat category under

§ 285.21(b) is 47 mt.

* * * * *

(d) Angling. The total annual amount

of Atlantic bluefin tuna that may be

caught, retained, possessed or landed in

the regulatory area by anglers is 320 mt.

No more than 150 mt of this quota may

be school Atlantic bluefin tuna. The

quota for school tuna is further

subdivided as follows:

(1) 70 mt of school Atlantic bluefin

tuna may be caught, retained, possessed,

or landed south of 38°47’ N. lat.

(2) 80 mt of school Atlantic bluefin

tuna may be caught, retained, possessed,

or landed north of 38°47’ N. lat.

(e) Incidental. The total annual

amount of large medium and giant

Atlantic bluefin tuna that may be

caught, retained, possessed, or landed in

the regulatory area by vessels permitted

in the Incidental Catch category under

§ 285.21(b) is 129 mt. This quota is

further subdivided as follows:

(1) 123 mt for longline vessels. No

more than 100 mt may be caught,

retained, possessed, or landed in the

area south of 34°00’ N. lat.

(2) For vessels fishing under § 285.23

(a) and (b), 6 mt may be caught,

retained, possessed, or landed in the

regulatory area.

(f) Inseason adjustment amount. The

total amount of Atlantic bluefin tuna

that will be held in reserve for inseason

adjustments is 94 mt. * * *

* * * * *

(h) If the Assistant Administrator

determines, based on landing statistics

and other available information, that an

annual quota in any category, or as

appropriate, subcategory, has been

exceeded or has not been reached, the

Assistant Administrator will subtract

the overage from or add the underage to

that quota for the following year;

provided that the total of the adjusted

quotas and the reserve is consistent with

a recommendation of the Commission

regarding country quotas. The Assistant

Administrator will publish any amounts

to be subtracted or added and the basis

for the quota reductions or increases in

the Federal Register.

* * * * *

9. In § 285.23, paragraphs (a) and (b)

are revised, paragraph (d) is removed,

and paragraph (e) is redesignated as

paragraph (d) and revised to read as

follows:

§ 285.23 Incidental catch.

(a) Herring, mackerel, and menhaden

purse seine vessels and vessels using

fixed gear other than longlines or traps.

Subject to the quotas in § 285.22, any

person operating a vessel fishing with

these types of gear principally for

species of fish other than tuna and

possessing an Incidental Catch permit

issued under § 285.21 may retain,

during any fishing trip, large medium

and giant Atlantic bluefin tuna,

provided that the total amount of

Atlantic bluefin tuna taken does not

exceed 2 percent, by weight, of all other

fish aboard the vessel at the end of each

fishing trip.

(b) Traps. Subject to the quotas in

§ 285.22, any person operating a vessel

possessing an Incidental Catch permit

issued under § 285.21 that catches

Atlantic bluefin tuna incidentally while

fishing with traps, may retain large

medium and giant Atlantic bluefin tuna,

provided that such tuna do not exceed

2 percent, by weight, of the total amount

of all other species caught within the

preceding 30-day period.

* * * * *

(d) Purse Seine. Vessels in the Purse

Seine category fishing for Atlantic

yellowfin or skipjack tuna are allowed

a 1-percent per trip (by weight)

incidental take of bluefin less than the

large medium size class. Any landings

of these incidental catches may not be

sold and will be counted against the

Purse Seine category quota.

10. In § 285.24, paragraphs (a), (c) and

(d) are revised and paragraph (e) is

revised to read as follows:

§ 285.24 Catch limits.

(a) General category. (1) From June 1,

operators of vessels permitted in the

General category under § 285.21 may

catch and land only one large medium

or giant Atlantic bluefin tuna per day

per vessel, except that operators of such

vessels may not fish for, catch, land, or

possess any Atlantic bluefin tuna from

0001 hours to 2359 hours on Sunday

and Wednesday each week. Operators of

vessels permitted in the General

category may possess large medium and

giant Atlantic bluefin 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

on that day.

(2) The Assistant Administrator may

increase or reduce the catch limit over

a range from zero to a maximum of three

large medium or giant Atlantic bluefin

tuna per day per vessel based on a

review of dealer reports, daily landing

trends, availability of the species on the

fishing grounds, and any other relevant

factors, to provide for maximum

utilization of the quota. The Assistant

Administrator will publish a notice in

the Federal Register of any adjustment

in the allowable daily catch limit made

under this paragraph. Other than fishery

closures pursuant to attainment of

quotas in any period, such notice shall

be published at least 7 calendar days

prior to a change in daily catch limit

becoming effective.

* * * * *

(c) Purse Seine category. Vessels

permitted in the Purse Seine category

may catch large medium bluefin tuna,

provided that the total annual amount of

large medium bluefin landed does not

exceed 10 percent by weight of the total

amount of giant Atlantic bluefin tuna

allocated to that vessel for that fishing

season.

(d) Angling category. (1) Each angler

aboard a vessel permitted in the Angling

category may catch and retain each day

no more than two Atlantic bluefin tuna

from the school, large school and small

medium size classes. Anglers may not

retain young school Atlantic bluefin

tuna.

(2) The Assistant Administrator may

increase or reduce the per angler bag

limit for bluefin tuna or may change the

per angler limit to a per boat limit or a

per boat limit to a per angler limit based
Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules 25673

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 spread over the longest

possible period of time. The Assistant

Administrator will publish a notice in

the Federal Register of any adjustment

in the allowable daily catch limit made

under this paragraph. Other than fishery

closures pursuant to attainment of

quotas in any period, such notice shall

be published at least 7 calendar days

prior to a change in daily catch limit

becoming effective.

(3) In addition to the daily catch limit

for school, large school and small

medium bluefin tuna, an operator of a

vessel issued a permit for the Angling

category may catch and retain annually

one large medium or giant Atlantic

bluefin tuna, to be counted against the

Angling category quota specified in

§ 285.22. The permit holder must report

to the nearest NMFS enforcement office

within 24 hours of landing any large

medium or giant bluefin, and must

make the tuna available for inspection

and attachment of a tag. No such large

medium or giant Atlantic bluefin tuna

may be sold or transferred to any person

for a commercial purpose except for

taxidermic purposes. A list of local

NMFS enforcement offices may be

obtained from the Regional Director.

(e) Party/Charter category. (1) For

vessels permitted in the Party/Charter

category and that are operating as a

partyboat or charter vessel, anglers

aboard such vessels are subject to the

daily bag limits for school, large school,

and small medium Atlantic bluefin tuna

and the annual vessel limit of large

medium or giant Atlantic bluefin tuna

as specified in paragraph (d) of this

section. The captain, mate, or crew

member of a party or charter boat is not

considered an angler for purposes of

this section.

(2) For vessels permitted in the Party/

Charter category and that are not

operating as a partyboat or charter

vessel, operators of such vessels 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) of this

section and may not retain school, large

school or small medium bluefin tuna. If

retained, such large medium or giant

bluefin tuna may be sold and are

counted against the quota for the

General category.

11. In § 285.25, the heading and first

sentence of paragraph (d)(1) are revised

to read as follows:

§ 285.25 Purse seine vessel requirements.

* * * * *

(d) Vessel allocations. (1) Purse seine

vessel permit holders must apply for an

allocation of Atlantic bluefin tuna from

the quotas specified in § 285.22. * * *

* * * * *

12. Section 285.26 is amended by

removing the phrase ‘‘tip of the snout’’

in the second sentence, and adding in

its place the phrase ‘‘tip of the upper

jaw’’.

13. In § 285.29 paragraphs (a) and (d)

are revised to read as follows:

§ 285.29 Dealer recordkeeping and

reporting.

Any person issued a dealer permit

under § 285.28:

(a) Must report via an Interactive

Voice Response System (IVRS)

established by the Regional Director

within 24 hours of the purchase or

receipt of each Atlantic bluefin tuna

from the person or vessel that harvested

the fish. Said report via the IVRS must

include the tag number affixed to the

fish by the dealer, the date landed, the

round and/or dressed weight (indicating

which weight(s) measured), the total or

pectoral fin curved fork length

(indicating which length(s) measured),

and the gear used. In addition, dealers

must submit to the Regional Director a

daily report on a reporting card

provided by NMFS. Said card must be

postmarked and mailed at the dealer’s

expense within 24 hours of the purchase

or receipt of each Atlantic bluefin tuna.

Each reporting card must be signed by

the vessel permit holder or vessel

operator to verify the name of the vessel

that landed the fish and must show the

Atlantic bluefin tuna vessel permit

number, tag number affixed to the fish

by the dealer or assigned by an

authorized officer, the date landed, the

port where landed, the round and/or

dressed weight (indicating which

weight(s) measured), the total or

pectoral fin curved fork length

(indicating which length(s) measured),

gear used, and area where the fish was

caught.

* * * * *

(d) Must retain at his/her place of

business a copy of each daily report

(including proof of IVRS transmission)

and a copy of each bi-weekly report for

a period of 2 years from the date on

which each was submitted to the

Regional Director.

* * * * *

14. In § 285.31, paragraphs (a) (15),

(30), (31), and (37) are revised to read

as follows:

§ 285.31 Prohibitions.

(a) * * *

(15) Sell, offer for sale, or transfer to

any person for a commercial purpose

any large medium or giant Atlantic

bluefin tuna caught with rod and reel

gear under § 285.24(d)(3);

* * * * *

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

land Atlantic bluefin tuna from the Gulf

of Mexico except as specified under

§§ 285.23(c) and 285.24(d)(3);

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

land Atlantic bluefin tuna with a gear

type or in a manner other than specified

in §§ 285.21, 285.22, 285.23, 285.24 and

285.25, or other than authorized under

an experimental fishing exemption

issued pursuant to the requirements of

§ 285.7;

* * * * *

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

land any Atlantic bluefin tuna less than

the large medium size class from a

vessel other than one issued an Angling

Category permit under § 285.21, or a

Purse Seine category permit and

operating under § 285.23(d).

* * * * *

15. In § 285.32, paragraph (a) is

revised to read as follows:

§ 285.32 Civil penalties.

(a) Any person who violates

§ 285.31(a) (1) through (21) inclusive, or

(a) (24) through (37), inclusive, will be

assessed a civil penalty of not more than

$25,000 for a first violation and a civil

penalty of not more than $50,000 for a

subsequent violation.

* * * * *

16. Subpart C, consisting of §§ 285.50

through 285.60, is revised to read as

follows:

Subpart C—Yellowfin Tuna (Thunnus

albacares) and Bigeye Tuna (Thunnus

obesus)

Sec.

285.50 Authorized fishing gear.

285.51 Size limits.

285.52 Vessel permits.

285.53 Vessel recordkeeping and reporting.

285.54 Dealer permits.

285.55 Dealer recordkeeping and reporting.

285.56 Purse Seine vessel requirements.

285.57 Quotas.

285.58 Catch limits.

285.59 Incidental catch.

285.60 Prohibitions.

Subpart C—Yellowfin Tuna (Thunnus

albacares) and Bigeye Tuna (Thunnus

obesus)

§ 285.50 Authorized fishing gear.

Fishing for, catching, retention or

possession of yellowfin and bigeye tuna

in the regulatory area by persons aboard

fishing vessels subject to the jurisdiction

of the United States is authorized only

for handline, rod and reel, harpoon,

purse seine, longline, drift gillnet and

bandit gear unless the gear is authorized
25674 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules

under an experimental fishing

exemption issued pursuant to the

requirements of § 285.7.

§ 285.51 Size limits.

(a) Fishing for, catching, retention or

possession of yellowfin and bigeye tuna

in the regulatory area by persons aboard

fishing vessels subject to the jurisdiction

of the United States is authorized only

for yellowfin or bigeye tuna measuring

22 inches (56 cm) or more in total

curved fork length.

(b) Total curved fork length will be

the sole criterion for determining the

size class of whole (head on) Atlantic

yellowfin and bigeye tuna. For this

purpose, all measurements must be

taken in a line tracing the contour of the

body along the middle of the lateral

surface from the tip of the upper jaw to

the fork of the tail.

§ 285.52 Vessel permits.

(a) Permit requirements. Each vessel

that fishes for, or takes, Atlantic

yellowfin or bigeye tuna must have on

board a valid permit issued under this

section.

(b) Commercial vessel permits. (1) As

a prerequisite to selling Atlantic

yellowfin and bigeye tunas and to be

eligible for exemption from applicable

bag limits, if any, specified in this

subpart, an owner or operator of a vessel

that fishes in the EEZ must obtain an

annual vessel permit.

(2) Vessels permitted in the Party/

Charter category that are not operating

as party and charter boats for an

individual fishing trip may operate as

commercial vessels for that trip.

(c) Recreational vessel permits. (1)

Owners or operators of party and charter

boats must obtain a party/charter vessel

permit in order to fish for, catch, retain

or land yellowfin or bigeye tuna.

Anglers aboard charter vessels and

partyboats must adhere to applicable

bag limits when the vessel is operating

as a charter vessel or partyboat.

Yellowfin and bigeye tuna taken aboard

vessels operating as party or charter

boats may not be sold.

(2) Effective January 1, 1996, owners

or operators of private recreational

vessels are required to obtain vessel

permits in order to fish for, catch, retain

or land yellowfin and bigeye tuna.

Anglers aboard private recreational

vessels must adhere to applicable bag

limits. Yellowfin and bigeye tuna taken

aboard private recreational vessels may

not be sold.

(d) Purse seine. Directed purse seine

fishing for Atlantic yellowfin and bigeye

tunas is restricted to vessels with

Atlantic bluefin tuna purse seine

permits issued under § 285.21(b) and

which reported yellowfin tuna landings

to NMFS over the period 1989 through

1993.

(e) Exemptions from permit

requirements. Vessels carrying valid

permits for Atlantic swordfish issued

under 50 CFR part 630, Atlantic sharks

issued under 50 CFR part 678, or any of

the Atlantic bluefin tuna categories

issued under subpart B, are exempt from

the permit requirements of this section.

§ 285.53 Vessel recordkeeping and

reporting.

(a) Any person in charge of a fishing

vessel, or any master or other person in

charge of a fishing vessel subject to the

jurisdiction of the United States or any

person as may be authorized in writing

to serve as the agent of such person or

master, must:

(1) Keep an accurate log of all

operations conducted from the vessel,

entering therein for each day the date,

noon position (stated in latitude and

longitude or in relation to known

physical features), and the tonnage of

tuna on board by species. The record

and bridge log shall be sufficient to

comply with this paragraph, provided

however, that the items of information

specified herein are fully and accurately

entered in such log; and

(2) Furnish on a form obtainable from

the Regional Director, following the sale

or delivery of a catch of tuna made by

such vessel, a report, certified to be

correct as to facts within the knowledge

of the reporting individual, giving the

name and official number of the fishing

vessel, the dates of beginning and

ending of the fishing voyage, the port of

departure, and a listing separately by

species of the round weight quantities

(pounds or short tons) of tuna sold or

delivered. At the option of the vessel

master or other person in charge, a copy

of the fish ticket, weighout slip,

settlement sheet, or similar record

issued by the dealer or his agent may,

however, be used for reporting purposes

in lieu of the form obtainable from the

Regional Director, if such alternate

record is similarly certified and contains

all items of information required by this

paragraph. Such sale and delivery

reports must be delivered or post

marked and mailed to the Regional

Director within 72 hours after weighout

has been completed.

(b) Any person in charge of a fishing

vessel or any Master or other person in

charge of a fishing vessel, subject to the

jurisdiction of the United States, except

vessels proceeding directly to Puerto

Rico or to any other U.S. port for

unloading, must report to the Regional

Director not less than 48 hours prior to

entering the regulatory area via the

Panama Canal. In addition, any person

in charge of a fishing vessel or any

Master or other person in charge of a

vessel, subject to the jurisdiction of the

United States except a vessel without

fish on board, must notify the Regional

Director not less than 48 hours prior to

leaving the regulatory area via the

Panama Canal. Each report must include

the name of the reporting vessel, the

tonnage by species on board, and

whether the fish were caught in Pacific

or Atlantic waters.

(c) All such fishing vessels entering or

leaving the regulatory area via the

Panama Canal are subject to inspection.

Official seals will be affixed to wells

containing fish taken within or outside

the regulatory area, as appropriate and

the same will be noted on the vessel log.

The official seals may be removed only

by a designated agent of the NMFS upon

the arrival at point of sale or delivery.

(d) Any person in charge of a fishing

vessel or any Master or other person in

charge of a fishing vessel subject to the

jurisdiction of the United States, must

notify the Regional Director not less

than 48 hours prior to any transfer of

yellowfin tuna or bigeye tuna taken in

the regulatory area to another vessel for

the purpose of transshipment. Such

reports must include the date and place

of unloading, name and destination of

the oncarrying vessel, and the tonnage

by species of tuna transferred.

(e) The failure to file the reports or to

follow the procedures required by this

section, the tampering with or the

removal of an official seal, or the

alteration of a fishing vessel’s log by any

person or fishing vessel subject to the

jurisdiction of the United States is a

prohibited act within the meaning of

§ 285.3.

(f) Any person authorized to carry out

enforcement activities under the Act or

the regulations in this subpart has

power, without warrant or other

process, to inspect, at any reasonable

time, catch on board the vessel, log

books, catch reports, statistical records,

or other reports as required by the

regulations in this part to be made, kept

or furnished.

§ 285.54 Dealer permits.

(a) General. A dealer purchasing,

receiving, possessing, importing or

exporting Atlantic yellowfin or bigeye

tuna must have a valid permit required

under this section.

(b) Application. Applications for a

dealer permit must be in writing on an

appropriate form obtained from the

Regional Director. The application must

be signed by the applicant, and be

submitted to the Regional Director at

least 30 days before the date upon
Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules 25675

which the applicant desires the permit

to be effective. The application must

contain the following information:

Company name; principal place of

business; owner or owners’ names;

applicant’s name (if different from

owner or owners) and mailing address

and telephone number; and any other

information required by the Regional

Director.

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

subpart D of 15 CFR part 904, the

Regional Director will issue a permit

within 30 days of receipt of a completed

application.

(2) The Regional Director will notify

the applicant 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.

(d) Duration. Any permit issued

under this section remains valid until

December 31 of the year for which it is

issued, unless suspended or revoked.

(e) Alteration. Any permit which is

substantially altered, erased, or

mutilated is invalid.

(f) Replacement. The Regional

Director may issue replacement permits.

An application for a replacement permit

is not considered a new application.

(g) Transfer. A permit issued under

this section is not transferable or

assignable; it is valid only for the dealer

to whom it is issued.

(h) Inspection. The dealer must keep

the permit issued under this section at

his/her principal place of business. The

permit must be displayed for inspection

upon request of any authorized officer,

or any employee of NMFS designated by

the Regional Director for such purpose.

(i) Sanctions. The Administrator may

suspend, revoke, modify, or deny a

permit issued or sought under this

section. Procedures governing permit

sanctions and denials are found at

subpart D of 15 CFR part 904.

(j) Fees. The Regional Director may

charge a fee to recover the

administrative expenses of permit

issuance. The amount of the fee is

calculated, at least annually, in

accordance with the procedures of the

NOAA Finance Handbook for

determining administrative costs of each

special product or service. The fee may

not exceed such costs and is specified

on each application form. The

appropriate fee must accompany each

application. 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.

(k) Change in application

information. Within 15 days after any

change in the information contained in

an application submitted under this

section, the dealer issued a permit will

report the change in writing to the

Regional Director.

(l) Exemptions from permit

requirements. Dealers holding valid

dealer permits for Atlantic swordfish

issued under 50 CFR part 630, Atlantic

sharks issued under 50 CFR part 678, or

Atlantic bluefin tuna issued under

subpart B, are exempt from the permit

requirements of this section.

§ 285.55 Dealer recordkeeping and

reporting.

(a) A dealer who has been issued a

dealer permit pursuant to § 285.54 must

submit a report to the Fisheries Science

Center Director as specified in

paragraph (b) of this section. A report

form is available from the Science and

Research Director. The following

information must be included in each

report:

(1) Name, address, and permit number

of the dealer.

(2) Names and official numbers of

fishing vessels from which yellowfin

and bigeye tuna were received.

(3) Dates of receipt of yellowfin and

bigeye tuna.

(4) Listed by each port and county

where yellowfin and bigeye tuna were

offloaded from fishing vessels:

(i) Total weight (pounds) by market

category for tuna, if applicable, and for

other species received with the tuna,

including, but not limited to, shark,

swordfish, yellowfin tuna, bigeye tuna,

and albacore; and

(ii) Price per pound or total value paid

by market category for tuna and other

species, to the extent that such price

information is known at the time of

reporting.

(b) A report of tuna and other

applicable species received by a dealer

on the first through the 15th days of

each month must be submitted to the

Science and Research Director

postmarked not later than the 20th day

of that month. A report of tuna and

other applicable species received by the

dealer on the 16th through the last day

of each month must be submitted to the

Science and Research Director

postmarked not later than the 5th day of

the following month. If no tuna was

received during the reporting period, a

report so stating must be submitted

postmarked as specified for that

respective reporting period.

(c) The reporting requirement of

paragraph (a) of this section may be

satisfied by providing a copy of each

appropriate weigh-out sheet and/or

sales record, provided such weigh-out

sheet and/or sales record, by itself or

combined with the form available from

the Science and Research Director,

includes all of the required information.

(d) In lieu of providing a required

report to the Science and Research

Director by mail, as specified in

paragraph (a) of this section, a dealer

may provide a report to a state or

Federal fishery port agent designated by

the Science and Research Director.

Reports so provided must be delivered

to such port agent not later than the

prescribed postmark date for submitting

each such report.

(e) Additional data and inspection.

Additional data may be collected by

authorized statistical reporting agents,

as designees of the Science and

Research Director, and by authorized

officers. Dealers are required to make

tuna available for inspection by the

Science and Research Director or an

authorized officer and must allow an

authorized officer, or any employee of

NMFS designated by the Regional

Director for this purpose, to inspect and

copy any records of transfers, purchases,

or receipts of Atlantic yellowfin and

bigeye tuna;

(f) Recordkeeping. Dealers must retain

at their place of business a copy of each

bi-weekly report for a period of 2 years

from the date on which each was

submitted to the Regional Director.

§ 285.56 Purse seine vessel requirements.

(a) Mesh size. Any owner or operator

of a purse seine vessel conducting a

directed fishery for Atlantic yellowfin

and bigeye tunas must use a purse seine

net with a mesh size as specified under

§ 285.25(a).

(b) Inspection. Any owner or operator

of a purse seine vessel conducting a

directed fishery for Atlantic yellowfin

and bigeye tunas must request an

inspection of the vessel and fishing gear

by an enforcement agent of NMFS

before commencing any fishing trip that

may result in the harvest of any

regulated species and before offloading

any Atlantic yellowfin and bigeye tuna.

The vessel owner must request such

inspection at least 24 hours before

commencement of a fishing trip and

offloading by calling 508–563–5721 or

508–281–9261. Purse seine vessel

owners must have their catch

information recorded on the appropriate

forms at the time of offloading and prior

to transporting said tuna from the area

of offloading.

(c) Vessel allocations. (1) Purse seine

vessel permit holders must apply for an

allocation of Atlantic yellowfin tuna

from the quotas specified in this

subpart. The permit holder must apply

for this allocation in writing to the

Regional Director by April 15. Such
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