[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Proposed Rules]
[Pages 18366-18370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10247]



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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.

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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

[[Page 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 school-
small 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 
Sec. 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                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Inseason                              1995                  Quota for                          
                                            1995 quota   transfers   Net 1995      1995      overage/    1992 base  1996 net of  Adjustments   Proposed 
                                                         to quota      quota     landings   (underage)     quota     over/under   to quotas   1996 quota
--------------------------------------------------------------------------------------------------------------------------------------------------------
General...................................         438      <SUP>a +120         558         558           0         531         531           +10         541
Harpoon...................................          47       <SUP>b +10          57          57           0          53          53             0          53
Incidental................................         125        <SUP>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)       <SUP>e 250         251             0         251
Angling...................................       <SUP>d 330           0         330         404          74         222         148          <SUP>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          <SUP>g-62         108
                                           -------------------------------------------------------------------------------------------------------------
      Total...............................       1,335           0       1,335       1,340           5       1,311       1,306             0       1,306
--------------------------------------------------------------------------------------------------------------------------------------------------------
<SUP>a General category received a transfer of 110 mt from the Reserve and 10 mt from the Incidental longline South.                                         
<SUP>b Harpoon category received a transfer of 10 mt from the Reserve.                                                                                       
<SUP>c Incidental category provided 10 mt to the General category; also, 15 mt were transferred from longline south to longline north.                       

[[Page 18368]]

                                                                                                                                                        
<SUP>d Angling category quotas for 1995 are expressed as what they would have been if the Large Pelagic Survey final results had been available.             
<SUP>e The 1992 base quota of 301 mt was reduced to 250 mt in 1995.                                                                                          
<SUP>f The 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.                                                                       
<SUP>g The 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 mid-July 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

[[Page 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 Sec. 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:


Sec. 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 Sec. 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 deg.51' W. long. (Montauk Point) and running SSE 150 deg. 
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 Sec. 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

[[Page 18370]]

Seine category under Sec. 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 deg.47' N. lat.
    (2) 73 mt of school Atlantic bluefin tuna may be caught, retained, 
possessed, or landed north of 38 deg.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 Sec. 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 deg.00' N. lat.
    (2) For vessels fishing under Sec. 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 Sec. 285.24, paragraph (a)(1) and the first sentence of 
paragraph (a)(2) are revised to read as follows:


Sec. 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 
Sec. 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 Sec. 285.25, the last sentence of paragraph (c), and 
paragraph (d)(2) are revised to read as follows:


Sec. 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 
Sec. 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 Sec. 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 Sec. 285.31, paragraph (a)(4) is revised to read as follows:


Sec. 285.31  Prohibitions.

    (a) * * *
    (4) Fish for, catch, or possess or retain Atlantic bluefin tuna in 
excess of the catch limits specified in Sec. 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 
Sec. 285.27.
* * * * *
    6. In Sec. 285.52, paragraph (a) is revised to read as follows:


Sec. 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