18366 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Proposed Rules

TABLE 5.—SUMMARY OF TRAINING PROGRAM ADEQUACY SCORES BY DOMAIN

Heavy trucks MotorcoachesSchool

buses

School

programs

Company

programs Company

programs

Company

programs

Sample size ...................................................................................................................... 41 24 28 30

Mean overall adequacy score (OAS) ............................................................................... ¥7.2 20.6 ¥16.6 2.3

Percent adequate (i.e., OAS zero or above) ................................................................... 22.0 39.1 29.6 33.3

TABLE 6.—SUMMARY OF INDUSTRY IMPACT QUESTIONS BY DOMAIN

Industry impact questions 1

Response index values 2 by domain

Heavy

trucks Motorcoaches Schoolbuses

Condition of motor carriers:

Present condition, as compared with five years ago [Range: Much worse off (¥2) to much better (2)] ......................................................................................................................................... ¥0.47 0.00 ¥0.08

Effect of mandated training [Range: Hurt (¥1) to Help (1)] .......................................................... ¥0.03 0.15 0.08

Condition of drivers:

Present condition, as compared with five years ago [Range: Much worse off (¥2) to much better (2)] ......................................................................................................................................... ¥0.13 0.19 0.61

Effect of mandated training [Range: Hurt (¥1) to help (1)] .......................................................... ¥0.33 0.65 0.45

Driver turnover as a problem:

Degree of seriousness [Range: No problem (0) to serious problem (¥3)] ................................... ¥1.99 ¥1.73 ¥1.93

Effect of mandated training [Range: greatly increase turnover (¥2) to greatly reduce turnover

(2)] ............................................................................................................................................... 0.21 0.35 ¥0.04

Driver shortage as a problem:

Degree of seriousness [Range: No problem (0) to serious problem (¥3)] ................................... ¥1.59 ¥1.56 ¥1.89

Effect of mandated training [Range: greatly increase shortage (¥2) to greatly reduce shortage

(2)] ............................................................................................................................................... ¥0.14 0.19 ¥0.30

1The actual phrasing of these questions, as they appeared in the Industry Surveys, are presented in Volume III, Sections 3, 4, and 5.

2See the Volume III, Section 7 for a description of how the Response Index values were calculated.

[FR Doc. 96–10206 Filed 4–24–96; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[Docket No. 960416112–6112–01; I.D.

030896D]

RIN 0648–AI29

Atlantic Tuna Fisheries; Annual

Quotas and Effort Controls

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to amend the

regulations governing the Atlantic tuna

fisheries to: Set Atlantic bluefin tuna

(ABT) fishing category quotas for the

1996 fishing year, revise allocations to

monthly quota periods and establish the

effort control schedule in the ABT

General category, allow the partial

transfer of quotas among Purse Seine

category permit holders and amend

landing requirements, and increase

minimum sizes for Atlantic yellowfin

and bigeye tunas. The proposed

regulatory amendments are necessary to

implement the 1994 recommendation of

the International Commission for the

Conservation of Atlantic Tunas (ICCAT)

regarding fishing quotas for bluefin

tuna, as required by the Atlantic Tunas

Convention Act (ATCA), and to achieve

domestic management objectives. NMFS

will hold public hearings to receive

comments from fishery participants and

other members of the public regarding

these proposed amendments.

DATES: Comments are invited and must

be received on or before May 28, 1996.

See SUPPLEMENTARY INFORMATION for

dates, times, and locations of public

hearings.

ADDRESSES: Comments on the proposed

rule should be sent to, and copies of

supporting documents, including a Draft

Environmental Assessment-Regulatory

Impact Review (EA/RIR), are available

from, William Hogarth, Acting Chief,

Highly Migratory Species Management

Division, Office of Fisheries

Conservation and Management (F/CM),

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910–3282.

FOR FURTHER INFORMATION CONTACT:

William Hogarth, 301–713–2339.

SUPPLEMENTARY INFORMATION: The

Atlantic tuna fisheries are managed

under regulations at 50 CFR part 285

issued under the authority of ATCA.

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).

Based on a revised stock assessment,

parties at the 1994 meeting of ICCAT

adopted a recommendation to increase

the annual scientific monitoring 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 1995 be carried

over or overharvest be subtracted from

the 1996 total. This proposed rule

would implement that quota

recommendation, accounting for

overharvest and underharvest in each
Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Proposed Rules 18367

regulatory category as well as inseason

transfers between certain categories.

In addition to the proposed quota

allocations, NMFS proposes changes to

operations of the ABT General and

Purse Seine permit categories. Changes

to regulations pertaining to the General

category would serve to lengthen the

fishing season and facilitate

enforcement by revising the percentages

of total allowable catch apportioned into

monthly quotas and by changing

restricted fishing days from Sunday,

Monday and Wednesday to Sunday,

Monday and Tuesday. Changes to

regulations pertaining to the Purse Seine

category would allow Purse Seine

permit holders to transfer a portion of

their annual allocation to other Purse

Seine permit holders; these permit

holders are already authorized to

transfer the total annual allocation

among themselves. Also, it is proposed

that purse seine operators be allowed to

land dressed ABT.

Finally, NMFS proposes to increase

yellowfin and bigeye tuna minimum

size limits from 22 inches (56 cm) to 27

inches (69 cm) according to the curved

measurement method, to prevent ABT

between 22 inches (56 cm) and 27

inches (69 cm) from being inadvertently

retained. Increased catch of ABT below

the minimum size of 27 inches (69 cm)

has been attributed to misidentification

of small tunas. NMFS has determined

that these requirements would bring the

United States into compliance with the

1994 ICCAT recommendations

pertaining to management of ABT and

would improve economic returns to

fishery participants.

Fishing Category Quotas

In the 1992 final rule (57 FR 32905,

July 24, 1992), NMFS established quotas

for the various commercial and

recreational categories in the ABT

fishery, based upon the historical share

of catch in each of these categories

during the period 1983 through 1991.

These quotas were used in 1992, 1993

and 1994, with overharvests and

underharvests added and subtracted

where appropriate (as required by

ICCAT) and with some inseason

transfers.

The total 1996 quota allocated by

ICCAT to the United States is 1,311 mt,

to be used for scientific monitoring

purposes. Proposed fishing category

allocations for 1996 (see Table) were

determined using to the following

procedure:

Step 1. Determine the difference

between the 1995 quotas (adjusted for

within year transfers among categories)

and the 1995 landings for each fishing

category, subcategory and total.

Step 2. Subtract or add the differences

obtained from Step 1 to the quotas set

in 1992 (base quotas) for the total

fishery, each category, and subcategory

(except for the Purse Seine category for

which the base quota of 301 mt was

reduced to 250 mt in 1995, and the

Incidental category from which 3 mt

were transferred in 1995 to allow for an

Angling ‘‘trophy’’ fish category).

Step 3. Adjust, as inseason actions,

the results from Step 2 for the 1996

quotas by: (1) Transferring 10 mt from

the Reserve to the General category to

ensure that the October fishery in the

New York Bight occurs; (2) transferring

43 mt from the Incidental category to

the Reserve to ensure that the total U.S.

quota is not exceeded; and (3)

transferring 95 mt from the Reserve to

Angling to increase the likelihood that

the Angling category remains open

throughout most of the year.

Thus, the proposed ABT fishing

category quotas for the 1996 fishing year

are as follows: General category—541

mt; Harpoon Boat category—53 mt;

Purse Seine category—251 mt; Angling

category—243 mt; Incidental category—

110 mt; Reserve—108 mt.

The proposed transfer of 95 mt to the

Angling category large school-small

medium quota in part accounts for the

net overharvest of 74 mt in 1994–95 for

all size classes. An additional 21 mt are

added to the Angling category quota to

account for landings of large schoolsmall medium ABT observed in the

North Carolina fishery during January

through March 1996. This additional 95

mt would allow NMFS to reopen the

large school-small medium segment of

the ABT Angling category previously

closed (61 FR 11336, March 20, 1996)

and allow adjustment to the Angling

Category daily catch limit previously

restricted to one ABT per vessel per day

(61 FR 8223, March 4, 1996).

These transfers from the Reserve are

authorized under § 285.22(i), given the

high likelihood, based on historical

catch rates and effort levels, that

landings in the General and Angling

categories will fully meet their quotas.

Participation in the General and Angling

categories has increased in recent years

and has resulted in early closures for

these categories. In addition, the

General and Angling categories

currently provide the most useful

fishery-dependent scientific data for

stock assessment purposes.

PROPOSED ABT QUOTAS BY FISHING CATEGORY

1995

quota

Inseason

transfers

to quota

Net 1995

quota

1995 landings

1995 overage/(underage)

1992 base

quota

Quota for

1996 net of

over/under

Adjustments to

quotas

Proposed

1996

quota

General ...................... 438 a +120 558 558 0 531 531 +10 541

Harpoon ..................... 47 b +10 57 57 0 53 53 0 53

Incidental .................... 125 c¥10 115 72 (43) 110 153 ¥43 110

Other ................... 2 .................. 2 1 (1) 1 2 ¥1 1

Longline .............. 123 ¥10 113 71 (42) 109 151 ¥42 109

North ............ 23 +15 38 31 (7) 23 30 ¥7 23

South ........... 100 ¥25 75 40 (35) 86 121 ¥35 86

Purse Seine ............... 250 0 250 249 (1) e 250 251 0 251

Angling ....................... d 330 0 330 404 74 222 148 f 95 243

School ................. 248 0 148 109 (39) 99 138 0 138

North ............ 78 0 78 .................. .................. 53 73 0 73

South ........... 70 0 70 .................. .................. 47 65 0 65

Lrg school/small med 178 0 178 293 115 120 5 +95 100

Trophy ................. 4 0 4 2 (2) 3 5 0 5

Reserve ...................... 145 ¥120 25 0 (25) 145 170 g¥62 108

Total ................ 1,335 0 1,335 1,340 5 1,311 1,306 0 1,306

aGeneral category received a transfer of 110 mt from the Reserve and 10 mt from the Incidental longline South.

b Harpoon category received a transfer of 10 mt from the Reserve.

c Incidental category provided 10 mt to the General category; also, 15 mt were transferred from longline south to longline north.
18368 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Proposed Rules

dAngling category quotas for 1995 are expressed as what they would have been if the Large Pelagic Survey final results had been available.

eThe 1992 base quota of 301 mt was reduced to 250 mt in 1995.

fThe 95 mt transferred from the Reserve to the Angling category represents the overage due to the delay of the Large Pelagic Survey (74 mt)

plus the 21 mt of landings already observed in January and February 1996 in North Carolina. gThe net Reserve is equal to: 170 mt ¥ 10 mt (to General) ¥ 95 mt (to Angling) + 43 mt (from Longline) = 108 mt.

General Category Effort Controls

In the 1995 fishery, NMFS

implemented time period subquotas for

the ABT General category to increase

the likelihood that fishing would

continue throughout most of the year for

scientific monitoring purposes. These

subquotas also addressed concerns

regarding allocation of fishing

opportunities, allowed for a late season

fishery, and improved marketing

conditions. Due to delayed effectiveness

of the 1995 rule changes, and the

unexpected increase in recreational

landings at the end of the season, these

monthly subquotas were not fully

implemented.

NMFS proposes to adjust the time

period subquotas of the General

category quota in 1996. Based upon

historical catch and recent trends in

catch rates and fishing effort, the

General category quota is proposed to be

distributed as follows: 25 percent in

June-July; 35 percent in August; 30

percent in September; and 10 percent in

October–December. These percentages

would be applied only to the base quota

of 531 mt, with the remaining 10 mt

being reserved for the New York Bight

fishery in October. Thus, of the 531 mt

total, 133 mt would be available in the

period beginning June 1 and ending July

31; 186 mt would be available in the

period beginning August 1 and ending

August 31; 159 mt would be available in

the period beginning September 1 and

ending September 30; and 63 mt (53 mt

based on 10 percent, plus 10 mt New

York Bight fishery) would be available

in the period beginning October 1 and

ending December 31.

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.

Inseason closures would be filed at the

Office of the Federal Register, stating the

effective date of closure, and announced

through local media and over NOAA

weather radio.

This proposed rule would change

allowable fishing days for vessels

permitted in the ABT General category.

In 1995, daily closures (Sunday,

Monday, and Wednesday) were

implemented to lengthen the fishing

season. This rule proposes to remove

Wednesday as a restricted fishing day

and include Tuesday as a restricted

fishing day. Having three consecutive

days closed would increase the

likelihood of accomplishing the

objective of temporarily extending the

fishing season by facilitating

enforcement of the daily closures.

Economic conditions for vessel crew

members who fish part time and/or

must travel between home and fishing

ports would also be improved.

NMFS is proposing to maintain

Sunday closures, with the exception of

certain holiday weekends, during the

effective period of effort controls. It is

also proposed that the effective period

of the effort controls be limited to midJuly through mid-September,

corresponding to the historical period

when catch rates are highest.

Thus, under this proposed rule,

persons aboard vessels permitted in the

General category or the Charterboat/

Headboat category would not be

allowed to fish for, catch, retain or land

large medium or giant ABT on the

designated restricted fishing days listed

below. This management measure

would serve to prevent overharvest of

quota in any period and is tied, in part,

to the ‘‘Sunday-Monday-Tuesday’’

principle, and to market closures in

Japan (the major export market), to

minimize potential negative economic

consequences to U.S. fishermen. Some

of the standard restricted fishing days

would be eliminated according to

market factors as well as holiday

periods. The proposed effort controls

would improve distribution of fishing

opportunities without increasing ABT

mortality.

NMFS proposes that, for 1996,

scheduled days on which no large

medium or giant ABT may be retained

by persons aboard vessels permitted in

the General category or Charter/

Headboat category be: July 14, 15, 16,

21, 22, 23, 28, 29, and 30; August 4, 5,

6, 9, 10, 11, 12, 13, 18, 19, 20, 25, 26,

and 27; and September 3, 8, 9, 10, 15.

Purse Seine Requirements

This rule proposes to implement, for

the Purse Seine category alone, a more

flexible method of allocation of the

domestic U.S. quota for 1996, notably, a

market-based allocation alternative.

Current regulations allow for Purse

Seine permit holders to transfer, in

whole, their annual allocation of the

Purse Seine category quota, or to

permanently consolidate Purse Seine

permits.

As proposed, individual purse seine

allocations of bluefin tuna quota would

be transferable, in whole or in part, to

any other purse seine vessel permitted

in the Atlantic tunas fisheries.

Wholesale or partial transfers of

allocation would require written notice

to NMFS 3 days in advance of landing

any bluefin tuna transferred from

another purse seine vessel’s annual

allocation. Such notice would indicate

the transfer date, amount (mt)

transferred, and the permit numbers of

vessels involved in the transfer.

In addition, it is proposed to allow

purse seine vessel operators to land

ABT in dressed, rather than round,

form. This proposed amendment would

extend to purse seine vessels the current

ABT landing requirement applicable to

all other vessels engaged in recreational

or commercial fishing.

Minimum Size for Yellowfin and Bigeye

Tuna

NMFS proposes to increase yellowfin

and bigeye tuna minimum size limits to

27 inches (69 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), which is

equivalent to 22 inches (56 cm). Given

the similarity in appearance of juvenile

Atlantic tunas, especially bluefin and

yellowfin, the 2-year catch of sublegal

ABT in 1994 and 1995 comprised 28

percent of the total catch below 47

inches (119 cm). Because of the need to

comply with the ICCAT ABT minimum

size recommendation of 27 inches (69

cm), NMFS proposes uniform minimum

sizes on ABT, yellowfin, and bigeye

tuna. This measure should ensure

compliance with the ICCAT

recommendation on ABT minimum size

by facilitating enforcement.

In 1995, NMFS received comment

that the ICCAT recommendation on the

minimum size for yellowfin tuna does

not coincide with age of first spawning

and that these fish should have the

opportunity to spawn at least once. At

the time, NMFS responded that more

information is needed on the potential

impact for both recreational and

commercial sectors, especially the effect

on discard rates for yellowfin tuna and

an analysis of release mortality. NMFS

continues to assess the costs and

benefits of the increased minimum size

and invites comment relative to

management of yellowfin and bigeye
Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Proposed Rules 18369

tuna. However, the proposed action is

intended to protect juvenile ABT, for

which a strict quota management

program is already in place.

Request for Comments

Although NMFS is not currently

proposing a change in the opening date

of the General category fishing season,

NMFS has received requests for division

of the quota to allow for a General

category fishery during the winter

months when ABT are present in waters

off North Carolina. Comments are

sought regarding this issue. Also, NMFS

has received numerous comments that

the use of aircraft to locate tuna for

General category vessels is working

against the effort controls previously

established. NMFS therefore requests

specific comments on ways to mitigate

this impact.

Also, under current regulations, a

designated restricted fishing day may be

waived, or the daily catch limit may be

adjusted, if the AA determines that such

effort control is impeding attainment of

the monthly quota or needed to avert

premature closure. However, NMFS has

received comment that the 5-day

advance notice of such waiver or catch

limit adjustment should be reduced to

make these adjustments more effective.

NMFS, therefore, requests comment on

a change to file such notices with the

Office of the Federal Register a

minimum of 3 calendar days in advance

of the effective date.

In addition, NMFS has received two

petitions for rulemaking regarding the

Atlantic tuna fisheries. Petitioners have

requested that NMFS list pair trawl as

an authorized gear for tunas other than

ABT. Other petitioners have requested

that NMFS prohibit retention of ABT

smaller than the large medium size

class. NMFS requests comment on the

merits and impacts of these proposed

regulatory changes. Copies of the

petitions are available from NMFS (see

ADDRESSES).

Locations of Public Hearings

The public hearing schedule is as

follows:

Monday, May 6, 1996, Silver Spring,

MD, 2–5 p.m.

NOAA Building 3, Room 4527, 1315

East-West Highway, Silver Spring,

MD 20910

Thursday, May 9, 1996, Boston, MA, 6–

10 p.m.

John B. Hynes Veterans Memorial

Convention Center, 900 Boylston

Street, Boston, MA 02115

Friday, May 10, 1996, Madeira Beach,

FL, 6–9 p.m.

City Hall, 300 Municipal Drive, Madeira

Beach, FL 33708

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 draft EA for this

proposed rule with a preliminary

finding of no significant impact on the

human environment. In addition, a draft

RIR was prepared with a preliminary

finding of no significant impact. The

Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that the

proposed rule would not have a

significant economic impact on a

substantial number of small entities. For

most fishing categories, quotas are

proposed at levels similar to prior years.

Although the reduction in Incidental

category quotas of 28 percent amounts

to a significant impact on gross revenues

for that sector, the number of vessel

operators affected does not exceed 5

percent of the tuna fleet. Thus, an initial

Regulatory Flexibility Analysis was not

prepared.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

Notifications of purse seine allocation

transfers are not subject to the

Paperwork Reduction Act (PRA),

because a maximum of five vessels

could be subject to reporting under this

requirement. Since it is impossible for

ten or more respondents to be involved,

the notifications are exempt from the

PRA clearance requirement.

NMFS issued a biological opinion

under the Endangered Species Act on

July 5, 1989, indicating that the level of

impact and marine mammal takes in the

Atlantic tuna fisheries is not likely to

jeopardize the continued existence of

any sea turtle species or any marine

mammal populations. It has been

preliminarily determined that

additional information on the Atlantic

tuna fisheries collected since that time

has not changed the conclusion of that

consultation.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: April 19, 1996.

Nancy Foster,

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 § 285.22, paragraphs (a)(1), (a)(3),

(b), (c), (d), (e), and the heading and first

sentence of paragraph (f) are revised, to

read as follows:

§ 285.22 Quotas.

* * * * *

(a) General. (1) 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 541 mt, of which 133 mt

are available in the period beginning

June 1 and ending July 31; 186 mt are

available in the period beginning

August 1 and ending August 31; 159 mt

are available in the period beginning

September 1 and ending September 30;

and 63 mt are available beginning

October 1.

* * * * *

(3) When the October General

category catch is projected to have

reached a total of 10 mt less than the

overall October quota, the Director will

publish a notice in the Federal Register

to set aside the remaining quota for an

area comprising the waters south and

west of a straight line originating at a

point on the southern shore of Long

Island at 71°51’ W. long. (Montauk

Point) and running SSE 150° true. The

daily catch limit for the set-aside area

will be one large medium or giant

Atlantic bluefin tuna per vessel per day.

Upon the effective date of the set-aside,

fishing for, retaining, or landing large

medium or giant Atlantic bluefin tuna

must cease in all waters outside of the

set-aside area.

(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 53 mt.

(c) Purse Seine. The total 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 Purse
18370 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Proposed Rules

Seine category under § 285.21(b) is 251

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 243 mt.

No more than 5 mt of this quota may be

large medium or giant bluefin tuna

quota. No more than 138 mt of this

quota may be school Atlantic bluefin

tuna. The quota for school Atlantic

bluefin tuna is further subdivided as

follows:

(1) 65 mt of school Atlantic bluefin

tuna may be caught, retained, possessed,

or landed south of 38°47′ N. lat.

(2) 73 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 110 mt. This quota is

further subdivided as follows:

(1) 109 mt for longline vessels. No

more than 86 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), 1 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 108 mt. * * *

* * * * *

3. In § 285.24, paragraph (a)(1) and the

first sentence of paragraph (a)(2) are

revised to read as follows:

§ 285.24 Catch limits.

(a) General category. (1) From the start

of each fishing year, except on

designated restricted fishing days, only

one large medium or giant Atlantic

bluefin tuna may be caught and landed

per day from a vessel for which a

General category permit has been issued

under § 285.21. On designated restricted

fishing days, persons aboard such

vessels may not possess, retain or land

any large medium or giant Atlantic

bluefin tuna. For calendar year 1996,

designated restricted fishing days are:

July 14, 15, 16, 21, 22, 23, 28, 29, and

30; August 4, 5, 6, 9, 10, 11, 12, 13, 18,

19, 20, 25, 26, and 27; and September

3, 8, 9, 10, and 15.

(2) The Assistant Administrator may

increase or reduce the catch limit over

a range from zero (restricted fishing

days) 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. * * *

* * * * *

4. In § 285.25, the last sentence of

paragraph (c), and paragraph (d)(2) are

revised to read as follows:

§ 285.25 Purse seine vessel requirements.

* * * * *

(c) Inspection. * * * Purse seine

vessel owners must have each large

medium and giant bluefin tuna in their

catch weighed, measured, and the

information recorded on the landing

card required under § 285.28(a) at the

time of offloading and prior to

transporting said tuna from the area of

offloading.

(d) Vessel allocations. * * *

(2) The Regional Director will review

applications for allocations of Atlantic

bluefin tuna on or about May 1, and will

make equal allocations of the available

size classes of Atlantic bluefin tuna

among vessel owners so requesting.

Such allocations are freely transferable,

in whole or in part, among purse seine

vessel permit holders. Any purse seine

vessel permit holder intending to land

bluefin tuna under an allocation

transferred from another purse seine

vessel permit holder must provide

written notice of such intent to the

Regional Director 3 days before landing

any such bluefin tuna. Such notification

must include the transfer date, amount

(mt) transferred, and the permit

numbers of vessels involved in the

transfer. Trip or seasonal catch limits

otherwise applicable under § 285.24(c)

are not altered by transfers of bluefin

tuna allocation. Purse seine vessel

permit holders who, through landing

and/or transfer, have no remaining

bluefin tuna allocation may not use

their permitted vessels in any fishery in

which Atlantic bluefin tuna might be

caught.

* * * * *

5. In § 285.31, paragraph (a)(4) is

revised to read as follows:

§ 285.31 Prohibitions.

(a) * * *

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

Atlantic bluefin tuna in excess of the

catch limits specified in § 285.24, or to

possess or retain large medium or giant

ABT on designated restricted fishing

days, except that fish may be caught and

released under the provisions of

§ 285.27.

* * * * *

6. In § 285.52, paragraph (a) is revised

to read as follows:

§ 285.52 Size limits.

(a) Fishing for, catching, retention, or

possession of Atlantic yellowfin and

bigeye tunas 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 27 inches (69 cm) or

more in total curved fork length.

* * * * *

[FR Doc. 96–10247 Filed 4–22–96; 4:21 pm]

BILLING CODE 3510–22–P