Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations 30183

current action has no effect on that prior

closure. Recreational anglers may

continue to fish for large medium and

giant ABT under the NMFS tag-andrelease program (§ 285.27).

Subsequent adjustments to the daily

catch limit, if any, shall be announced

through publication in the Federal

Register. In addition, anglers may call

the Highly Migratory Species

Information Line at 301–713–1279 for

updates on quota monitoring and catch

limit adjustments. Anglers aboard

Charter/Headboat and General category

vessels, when engaged in recreational

fishing for school, large school, and

small medium ABT, are subject to the

same rules as anglers aboard Angling

category vessels.

Classification

This action is taken under 50 CFR

285.20(b) and 50 CFR 285.22 and is

exempt from review under E.O. 12866.

Authority: 16 U.S.C. 971 et seq.

Dated: June 10, 1996.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 96–15114 Filed 6–11–96; 9:47 am]

BILLING CODE 3510–22–P

50 CFR Part 285

[Docket No. 960416112–6164–02; 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: Final rule.

SUMMARY: NMFS amends 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 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.

EFFECTIVE DATE: The rule is effective

June 18, 1996.

ADDRESSES: Copies of supporting

documents, including an 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, 301–713–2347.

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).

Background information about the

need for revisions to Atlantic tunas

fishery regulations was provided in the

proposed rule (61 FR 18366, April 25,

1996) and is not repeated here. These

regulatory changes will improve NMFS’

ability to implement the ICCAT

recommendations and further the

management objectives for the Atlantic

tuna fisheries:

Fishing Category Quotas

The 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;

and Reserve—108 mt.

The Angling category quota is

subdivided as follows: No more than 5

mt may be large medium or giant ABT;

no more than 138 mt may be school

ABT; and the quota for school ABT is

further subdivided as 65 mt for the

southern area and 73 mt for the northern

area.

The Incidental category quota is

subdivided as follows: 109 mt for

longline vessels, no more than 86 mt in

the southern area; and 1 mt for vessels

taking ABT incidental to fishing with

other authorized gear.

General Category Effort Controls

The General category quota is

distributed as follows: 25 percent in

June-July; 35 percent in August; 30

percent in September; and 10 percent in

October-December. These percentages

are 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 is available in the period

beginning June 1 and ending July 31;

186 mt is available in the period

beginning August 1 and ending August

31; 159 mt is 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) is available in the period

beginning October 1 and ending

December 31.

Attainment of quota in any period

will 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 will 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.

In 1995, daily closures (Sunday,

Monday, and Wednesday) were

implemented to lengthen the fishing

season. This rule removes Wednesday

as a restricted fishing day and includes

Tuesday as a restricted fishing day.

Having three consecutive days closed

will increase the likelihood of

accomplishing the objective of

temporarily extending the fishing

season by facilitating enforcement of the

daily closures.

Under this rule, the effective period of

the effort controls is limited to mid-July

through mid-September, corresponding

to the historical period when catch rates

are highest. Also, some adjustments to

the effort control schedule are made to

reflect increased fishing activity on

holiday weekends and market closures

in Japan. Thus, 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

designated restricted fishing days: July

14, 15, 16, 21, 22, 23, 28, 29, and 30;

August 4, 5, 6, 9, 10, 11, 12, 18, 19, 20,

25, 26, and 27; and September 3, 8, 9,

10, 15.

Purse Seine Requirements

This rule implements, for the Purse

Seine category alone, a more flexible

method of allocation of the domestic

U.S. quota. Individual purse seine

allocations of bluefin tuna quota are

transferable, in whole or in part, to any

other purse seine vessel permitted in the

Atlantic tunas fisheries. Wholesale or

partial transfers of allocation require

written notice to NMFS 3 days in
30184 Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations

advance of landing any bluefin tuna

transferred from another purse seine

vessel’s annual allocation. In addition,

purse seine vessel operators may land

ABT in dressed, rather than round,

form.

Minimum Size for Yellowfin and Bigeye

Tuna

NMFS increases the yellowfin and

bigeye tuna minimum size limits to 27

inches (69 cm) according to the curved

measurement method. This measure

will improve compliance with the

ICCAT recommendation on ABT

minimum size by facilitating

enforcement and reducing problems

associated with misidentification of

juvenile tunas.

Comments and Responses

Quota Allocations

Comment: Many fishery participants

stated the need, based on increased

participation rates and the usefulness of

scientific data obtained, to increase the

allocation to the Angling and General

categories.

Response: NMFS agrees that

participation in the General and Angling

categories has increased in recent years

and has resulted in early closures for

these categories. Because of the reliance

on the large fish and small fish catchper-unit-effort indices for stock

assessment, the General and Angling

category fisheries should be kept open

as long as possible to achieve high

survey sampling rates over the widest

possible geographic area. Also, NMFS,

in response to recommendations from

the National Research Council, has

increased scientific sampling, working

with outside organizations, for genetic

studies, microconstituent analysis,

sexual maturity determination, tagging

studies, and age and growth studies. For

these reasons, NMFS has reallocated 42

mt from the Incidental category to the

Reserve category. A total reserve of 108

mt will allow NMFS to transfer tonnage

into other categories, as needed, to keep

fisheries open for the longest period

possible to maximize scientific data

collection. The criteria for such

inseason transfers are stipulated in the

regulations and are not changed by this

rule.

Comment: Many fishery participants

expressed concern that the proposed

transfer of 95 mt from the Reserve to the

Angling category would increase the

take of small fish, thus increasing

fishing mortality in a manner

inconsistent with the ICCAT rebuilding

schedule for ABT.

Response: The Final Environmental

Impact Statement (FEIS) published in

July 1995 (copies available from NMFS,

see ADDRESSES) as part of the 1995 final

rulemaking process, included a wide

variety of ‘‘alternative’’ quota

allocations. These were analyzed in a

bio-economic model based on the stock

assessment parameters at that time

(which may be modified with the 1996

stock assessment) as well as economic

parameters. The model is based on a 17-

year time horizon, and present value

calculations for net economic benefits

from the commercial and recreational

fishery. Given the difficulty in updating

the bio-economic model for examining a

new alternative, the effect of the 95-mt

transfer is considered given a similar

case among the alternatives in the FEIS.

The ‘‘Quota Allocation C’’ considers

the effect of a total closure of the Purse

Seine category, with the quota being

allocated proportionally to the

remaining gear categories. This would

result in approximately 89 mt being

transferred to the Angling category,

which is fairly close to the proposed 95-

mt transfer.

Assuming a 2200-mt total quota (as

adopted), stocks do recover under

Allocation C, although slower than for

other allocations, due to the relatively

higher amount of quota for the small

fish fishery (Figure 4.1–B, page 137).

However, mid-year biomass is less than

5 percent lower by the end of the 17-

year horizon under this reallocation

than under the status quo allocation.

Also, net economic benefits fall 4

percent in the commercial fishery and

rise 14 percent in the recreational

fishery under Allocation C. Since the

FEIS analyzed a permanent transfer,

NMFS believes that the effect of this

one-time transfer is insignificant.

Comment: Some fishery participants

expressed concern that transfers of ABT

to the Angling category would increase

the likelihood of exceeding the ICCAT

quota, since landings by anglers are

monitored by survey rather than dealer

reports.

Response: As proposed, the Angling

category quota does not exceed the

ICCAT 8% limit for school ABT as

applied on a biannual basis. The need

for adjusting the 1996 Angling category

quota above the 1992 base level has

been generated in part because of the

difficulty in monitoring recreational

catch on a real-time basis; the

unprecedented catches off North

Carolina between January and March

1996; and the catch limits in effect in

early 1996. NMFS intends to address

each of those issues to improve the

monitoring and management of this

fishing category. In the short term,

changes in the survey methodology are

being implemented. In the long term,

NMFS is working with industry to

develop new approaches, including use

of individual tags for retained ABT,

mandatory self reporting techniques,

and an examination of the benefits of

mandatory catch and release fishing for

ABT from January through June. In

addition, simultaneous with this final

rule, NMFS is adjusting the daily catch

limits for ABT to 1 school/large school

per angler per day and 1 small medium

per vessel per day. This catch limit is

lower than that authorized in 1995 and

should ensure that the Angling category

quota is not exceeded.

General Category Effort Controls

Comment: Most commenters

supported the use of days off as a means

to extend the fishing season for large

medium and giant ABT. Many

recommend the implementation of

consecutive days off (Sunday, Monday,

and Tuesday) to facilitate enforcement

and to make travel plans easier for parttime fishermen. There were a few

comments in support of maintaining the

existing days off (Sunday, Monday, and

Wednesday), because of the Japanese

market schedule. Some General category

participants suggested keeping August

12 and 13 as fishing days in order to be

prepared for the re-opening of the

Japanese market on August 17. Most

commenters requested that days off

continue beyond the last listed date in

the proposed rule (Sept. 15).

Response: NMFS recognizes that one

of the objectives of the General category

effort control schedule is to improve

marketing opportunities for the U.S.

industry. However, restricted fishing

days are easier to enforce when they are

consecutive, thereby increasing the

likelihood that the objectives of effort

controls are realized. Recognizing the

significance of the market re-opening,

NMFS has adjusted the schedule to

allow fishing on August 13, 1996. Also,

given the increasing likelihood of bad

weather days after mid-September, the

need for scheduled effort controls is

diminished. However, if necessary,

NMFS could make inseason adjustments

to the effort control schedule.

Comment: Regarding the line defining

the New York Bight area, several people

commented that a line originating at

Montauk Point does not accurately

define the traditional Mud Hole fishery

and encourages New England fishermen

to continue fishing after the General

category fishery is closed and land in

Long Island. The line should originate at

Moriches Inlet as it did in past seasons.

It was also noted, that the proposed

boundary line at Montauk point would

preclude vessels from landing ABT in

Montauk Harbor, because it would be
Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations 30185

necessary to leave the set-aside area in

rounding Montauk Point.

Response: In 1995, NMFS addressed

concerns about participation in the Mud

Hole fishery by Montauk vessels by

defining the set-aside area to originate at

Shinnecock inlet, as opposed to

Moriches inlet in prior years. Due to

concerns about preserving traditional

participation in the Mud Hole fishery

and enforcement of the requirement to

land ABT within the set-aside area,

NMFS again sets the boundary at

Shinnecock inlet.

Purse Seine Requirements

Comment: Many commenters oppose

the transfer of individual quota

allocations by purse seine vessels either

to other purse seine vessels or vessels

permitted in other categories.

Response: NMFS is allowing transfers

only within the Purse Seine category.

Such transfers, in part or in whole, will

improve marketing conditions for purse

seine vessel operators while reducing

discard rates.

Permits and Reporting

Comment: Some commenters are

concerned that the category

classifications defined in 1995 have

allowed too many vessels into the

General category. Redefinition is

necessary to keep anglers from keeping

and selling too many large medium and

giant ABT.

Response: In 1995, NMFS had

proposed a strict separation of the

General and Angling category fisheries.

The majority of permit holders claimed

that participation in fisheries for both

large and small ABT was essential to

their commercial and recreational

fishing operations. It was further

claimed that the proposed separation

would result in decreased effort and

needless adverse economic impacts.

NMFS received similar comments

during three limited access workshops

held in recent months. NMFS continues

to accept comments on the potential

impacts of limited access on the

Atlantic tuna fisheries.

Size Limits

Comment: Many anglers catch both

yellowfin and bluefin. Most commenters

agree that it is difficult to differentiate

juvenile Atlantic tunas. Although 22

inches (56 cm) is the ICCAT minimum,

NMFS should reduce confusion and

possible violation of ICCAT minimum

size by having a consistent yellowfin,

bigeye, and bluefin tuna minimum size

of 27 inches (69 cm).

Response: NMFS agrees, and this rule

effects these changes.

Comment: Some people

recommended that NMFS set an even

higher size limit for yellowfin and

bigeye to allow fish to spawn at least

once.

Response: From a biological

perspective, NMFS agrees that further

increasing the minimum size could be

beneficial, theoretically increasing yield

per recruit and spawning per recruit

ratios. However, more information is

needed on the potential impact for both

recreational and commercial sectors,

especially the effect on discard rates and

an analysis of release mortality before

other minimum size limits are

proposed.

Comment: Some fishermen and NMFS

enforcement agents expressed concern

that the instructions for taking a curved

length measurement were unclear and

could result in different determinations

of size classes.

Response: The instructions for taking

a curved length measurement are

respecified in this rule.

Other Comments

Comment: Some North Carolina

commenters requested that the opening

date of the General category season be

changed to January 1 to allow retention

and sale of large medium and giant

ABT. Many commenters oppose a

January 1 opening date and the

allocation of Angling and Incidental

quota to North Carolina at this time.

Some feel that, because the bluefin

fishery is not traditional, commercial

harvest should not be allowed. If the

stock recovers and if quotas increase, a

geographical quota could be considered.

Some commented that because the

economic benefits derived from

recreational fishing far outweigh those

of commercial fishing, the North

Carolina fishery should remain as catchand-release only.

Response: Given the restrictive quota

under the ICCAT rebuilding schedule,

NMFS first allocates available quota to

traditional users. Should quotas

increase, NMFS can consider new

fisheries.

Comment: Many fishermen expressed

concern about the use of spotter planes

in the General category. Others

suggested prohibiting the planes from

assisting vessels of all categories.

Response: The spotter plane issue will

not be addressed in this final rule.

NMFS has concerns about the

enforceability of spotter plane

regulations. However, NMFS will

continue to monitor this situation and

will take appropriate action if necessary.

Comment: Many General category

participants wrote that a 3-day notice

would be adequate for waiver of

restricted fishing days or adjustment of

catch limits, especially in light of realtime reporting mechanisms such as the

NMFS Information Line and NOAA

Weather Radio.

Response: NMFS concurs and,

therefore, reduces the required

notification period to 3 days.

Comment: The Offshore Resource

Management Corporation petitioned

NMFS to make pair trawling an

authorized gear type and to establish a

swordfish bycatch limit for the pair

trawl tuna fishery. Supporters of the

petition stress that the gear type is

highly selective in regard to species and

size and results in low encounters with

marine mammals and protected species.

Many people opposed the authorization

of pair trawling, because it would allow

increased effort in an already fully- or

over-exploited fishery.

Response: NMFS is currently

analyzing data collected by at-sea

observers on pair trawl vessels over the

course of the 3-year experimental

fishery. NMFS will make a

determination regarding the petition for

rulemaking once this analysis is

complete. NMFS has also included pair

trawl representatives on the Offshore

Cetaceans Take Reduction Team as

developed under the Marine Mammal

Protection Act.

Comment: The Massachusetts

Audubon Society (MAS) petitioned

NMFS to prohibit retention of bluefin

tuna under 73 inches (185 cm) by

anyone in order to protect pre-spawning

fish and therefore allow stock recovery.

MAS also requests a tag and release

program for juvenile bluefin. Many

commenters wrote in support of the

petition. Others recognized the need to

limit the harvest of small fish, but

disagreed with the MAS proposal.

Those opposed argued the importance

of the juvenile ABT fishery to scientific

monitoring and to local economies.

Response: From a biological

perspective, elimination of the small

fish fishery would have the highest

benefits in terms of stock rebuilding.

However, the stock is expected to

rebuild anyway for all scenarios in the

ABT FEIS. From a socio-economic

perspective, this proposal is not

necessarily optimal or desirable. The

result would be a shift in quota

allocation and therefore an increase in

commercial revenues. However,

employment associated with the

recreational fishery and expenditures in

coastal communities would decline. It is

not clear that the gains in one sector

would be commensurate with the losses

elsewhere.
30186 Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations

Changes From the Proposed Rule

Based on consideration of comments

received, and further analysis of

available data, the following changes

were made to the proposed rule: The

line defining the boundary of the New

York Bight set-aside area is established

at Shinnecock inlet, advance notice of

inseason adjustments is reduced to 3

days, and the method of taking a curved

measure for Atlantic tunas is

respecified.

Classification

This rule is published under the

authority of the ATCA, 16 U.S.C. 971 et

seq. The AA has determined that the

regulations contained in this final rule

are necessary to implement the

recommendations of ICCAT and are

necessary for management of the

Atlantic tuna fisheries.

NMFS prepared an EA for this final

rule with a finding of no significant

impact on the human environment. In

addition, an RIR was prepared with a

finding of no significant impact. 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 the

proposed rule, if adopted, 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, a

Regulatory Flexibility Analysis was not

prepared.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

NMFS has determined that there is

good cause to waive partially the 30-day

delay in the effective date normally

required by section 553(d) of the

Administrative Procedure Act. Since

this fishery is underway, early

implementation of the 1996 fishing

category quotas and minimum sizes will

ensure effective implementation of the

ICCAT recommendations. Given NMFS

ability to rapidly communicate these

rule changes to fishing interests through

the FAX network and NOAA weather

radio, a seven day notice is deemed

sufficient.

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid Office of Management

and Budget Control Number.

Notifications of purse seine allocation

transfers are not subject to the PRA,

because only a maximum of five vessels

could be subject to reporting under this

requirement. Since it is impossible for

10 or more respondents to be involved,

the notifications are exempt from the

PRA clearance requirement.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: June 10, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 285 is amended

as follows:

PART 285—ATLANTIC TUNA

FISHERIES

1. The authority citation for part 285

continues to read as follows:

Authority: 16 U.S.C. 971 et seq.

2. In § 285.2, the definition of

‘‘Curved fork length’’ is revised to read

as follows:

§ 285.2 Definitions.

* * * * *

Curved fork length means a

measurement of the length of Atlantic

tuna taken in a line tracing the contour

of the body from the tip of the upper jaw

to the fork of the tail, which abuts the

ventral side of the pectoral fin and the

ventral side of the caudal keel.

* * * * *

3. In § 285.22, paragraphs (a)(1), (a)(3),

(b), (c), (d), (e), and the first sentence of

paragraph (f) introductory text 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 notification 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 72°27′ W. long. (Shinnecock

Inlet) 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

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.
Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations 30187

(f) Inseason adjustment amount. The

total amount of Atlantic bluefin tuna

that will be held in reserve for inseason

adjustments is 108 mt. * * *

* * * * *

4. In § 285.24, paragraphs (a)(1), (a)(2),

and (d)(3) 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 possessed or 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, 18, 19,

20, 25, 26, and 27; and September 3, 8,

9, 10, 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. The Assistant Administrator

will publish a document 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 of

catch limit adjustment shall be filed at

the Office of the Federal Register at least

3 calendar days prior to the change

becoming effective.

* * * * *

(d) * * *

(3) The Assistant Administrator may

increase or reduce the per angler catch

limit for any size class 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 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 document 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 of

catch limit adjustment shall be filed at

the Office of the Federal Register at least

3 calendar days prior to the change

becoming effective.

* * * * *

5. 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) * * * 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) * * *

(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.

* * * * *

6. In § 285.26, the paragraph

preceding the table is revised to read as

follows:

§ 285.26 Size classes.

Total curved fork length will be the

sole criterion for determining the size

class of whole (head on) Atlantic bluefin

tuna. For this purpose, all

measurements must be taken in a line

tracing the contour of the body from the

tip of the upper jaw to the fork of the

tail, which abuts the ventral side of the

pectoral fin and the ventral side of the

caudal keel. For any Atlantic bluefin

tuna found with the head removed, it is

deemed, for purposes of this subpart,

that the tuna, when caught, fell into a

size class in accordance with the

following formula: Total curved fork

length equals pectoral fin curved fork

length multiplied by a factor of 1.35.

The pectoral fin curved fork length will

be the sole criterion for determining the

size class of a beheaded Atlantic bluefin

tuna. For this purpose, all

measurements must be taken in a line

tracing the contour of the body from the

ventral side of the pectoral fin to the

fork of the tail, which abuts the ventral

side of the caudal keel.

* * * * *

7. In § 285.31, paragraph (a)(4) is

revised to read as follows:

§ 285.31 Prohibitions.

(a) * * *

(4) Fish for, catch, 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.

* * * * *

8. Section 285.52 is revised to read as

follows:

§ 285.52 Size limits.

(a) Fishing for, catching, retaining, or

possessing 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.

(b) Total curved fork length is 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 from the

tip of the upper jaw to the fork of the

tail, which abuts the ventral side of the

pectoral fin and the ventral side of the

caudal keel.

[FR Doc. 96–15115 Filed 6–11–96; 9:47 am]

BILLING CODE 3510–22–P