`[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Rules and Regulations]
[Pages 30183-30187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15115]



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DEPARTMENT OF COMMERCE
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.

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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

[[Page 30184]]

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 catch-per-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 part-time 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

[[Page 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 
catch-and-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 real-time 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.

[[Page 30186]]

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 Sec. 285.2, the definition of ``Curved fork length'' is 
revised to read as follows:


Sec. 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 Sec. 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:


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 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 deg.27' W. long. (Shinnecock Inlet) 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 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.

[[Page 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 Sec. 285.24, paragraphs (a)(1), (a)(2), and (d)(3) 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 possessed or 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, 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 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) * * * 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) * * *
    (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.
* * * * *
    6. In Sec. 285.26, the paragraph preceding the table is revised to 
read as follows:


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


Sec. 285.31  Prohibitions.

    (a) * * *
    (4) Fish for, catch, 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.
* * * * *
    8. Section 285.52 is revised to read as follows:


Sec. 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`