Atlantic Tuna Fisheries

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 940393-4093; I.D. 121393A]

RIN 0648-AG14

Atlantic Tuna Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule.

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SUMMARY: The Secretary of Commerce (Secretary) issues this interim

final rule to revise the regulations governing the Atlantic tuna

fisheries to: Establish fishing category quota allocations for the 1994

fishing season; amend the specified amount of other species to be

landed as a condition for landing an incidental bycatch of bluefin in

the southern longline fishery; adjust the line that separates the

northern and southern regulatory areas for vessels using longline gear

and possessing an Incidental Catch permit for bluefin; and make

technical corrections to clarify the regulatory text.

This action is necessary to implement the recently adopted quota

recommendation of the International Commission for the Conservation of

Atlantic Tunas (ICCAT), to improve management and monitoring of the

U.S. bluefin fisheries, to facilitate enforcement, and to enhance

collection of data to improve assessment of the impacts of the

fisheries.

EFFECTIVE DATE: April 16, 1994.

ADDRESSES: Copies of the Final Environmental Assessment/ Regulatory

Impact Review, are available from Richard H. Schaefer, Director, Office

of Fisheries Conservation and Management (F/CM), NMFS, 1315 East-West

Highway, Silver Spring, MD 20910. Comments regarding the burden-hour

estimate or any other aspect of the collection-of-information

requirement contained in this rule should be sent to Richard H.

Schaefer at the above address and to the Office of Management and

Budget (OMB), Attention: NOAA Desk Officer, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Richard B. Stone, 301-713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed

under regulations at 50 CFR part 285 implementing the recommendations

of ICCAT and issued under the authority of the Atlantic Tunas

Convention Act (ATCA), 16 U.S.C. 971 et seq. The ATCA authorizes the

Secretary to implement regulations as may be necessary to carry out the

recommendations of ICCAT. The authority to implement the ICCAT

recommendations is delegated from the Secretary to the Assistant

Administrator for Fisheries, NOAA (AA).

Purpose of Current Action

Background information about this action was provided in the

proposed rule (59 FR 2813, January 19, 1994) and is not repeated here.

Management Measures

These regulatory changes will improve NMFS' ability to implement

the ICCAT recommendations and further the management objectives for the

domestic tuna fisheries:

1. Quota Allocations

Quota allocations by permit category are maintained at the 1993

level. The required 1 percent overall reduction for the U.S. fishery is

taken from the reserve category.

2. Boundary Adjustment

The line designating the northern and southern management areas for

the Incidental category is adjusted south to 34 deg. N. latitude.

3. Minimum Landings Requirement

The directed fishery minimum poundage requirement of landing one

bluefin tuna in the southern management area for vessels permitted in

the Incidental category is decreased to 1,500 pounds (680 kg) during

the months of January through April, and is increased to 3,500 (1,588

kg) pounds during the months of May through December.

4. Technical Corrections

A number of technical corrections to the regulations at 50 CFR part

285 are made to: Add definitions for straight fork length and curved

fork length; delete an obsolete reference to at-sea processing of

bluefin tuna; adjust the conditions under which retention of small fish

is authorized to account for the recently implemented Angling category

permit and prohibit possession of small bluefin taken by unauthorized

gear; clarify the catch limits which apply to vessels holding permits

for both the Angling and General categories; define more clearly the

biweekly reporting periods for bluefin tuna transactions; and instruct

bluefin dealers to mail required reporting forms at the dealer's

expense. These changes will not affect the conduct of the tuna

fisheries except to facilitate enforcement. Without such changes, the

fisheries cannot be monitored or enforced with maximum effectiveness.

Comments and Responses

1. Quota Allocations

Comment: Given the need for stock-rebuilding, allocating 301 mt to

the purse seine category is unjustified.

Response: Within limits and guidelines arising from recommendations

of ICCAT, as required by U.S. law, NMFS allocated a limited resource to

the various categories according to historical catch shares. This

allocation based on historical share was established in 1992, following

the 1991 ICCAT-recommended reductions in quota for the western

Atlantic.

Comment: NMFS needs to establish a set-aside for the traditional NY

Bight recreational fishery.

Response: The total quota of school bluefin tuna that NMFS has at

its disposal (99 mt or 8 percent of its national quota) was determined

by ICCAT at the November, 1993 meeting. Therefore, as required by the

Atlantic Tunas Convention Act, NMFS has no discretion to raise or lower

that amount. A 52.5 mt subquota of school bluefin tuna is reserved for

recreational fishermen in the area from New Jersey north and is based

on average catches from those areas in recent years. Given the

difficulties of monitoring recreational catch and the interannual

variability in bluefin migration patterns, a further fractioning of

quotas would result in quota management areas that would be impossible

to administer on a real-time basis.

Comment: Deducting 13 mt from the reserve to maintain fishing

category quotas at 1993 levels does not reduce fishing mortality nor

does it prepare the industry for future quota reductions.

Response: With respect to fishing mortality, maintaining

allocations by reducing the reserve will achieve the same results as

reducing all categories proportionally. The reserve is used only to

make up for overharvest in any category. NMFS believes a reserve amount

of 18 mt is sufficient for the intended purpose of maintaining total

harvest within the U.S. quota. Recent improvements in quota monitoring

procedures (e.g., faxing dealer reports) reduce the risk of commercial

categories overharvesting the annual quota. Further, the industry is

aware of the future quota reductions recommended by ICCAT in 1993.

2. Boundary Adjustment

Comment: Adjusting the boundary line between the northern and

southern management areas will do little to reduce mortality.

Response: Since the quotas for the two Incidental category longline

management areas would remain the same, there would be no adverse

impact on the ICCAT stock recovery program.

3. Minimum Landings Requirement

Comment: The change in minimum landing requirement will not reduce

bluefin mortality. Instead, NMFS should create an experimental fishery

requiring specialized gear such as break-away leaders.

Response: Such an experimental fishery requires a substantial

analysis of environmental and economic impacts and considerable

research is needed to develop an enforceable definition or criteria for

breakaway gear. Therefore, provisions for an experimental fishery could

not be included into this interim final rule without violating notice

and comment requirements. However, NMFS does plan to consider fully the

management alternative of the suggested experimental fishery in the

proposed rulemaking for the 1995 fishing season and will analyze this

alternative in the Draft Environmental Impact Statement (DEIS) to be

released in May 1994. In the interim, NMFS will continue to gather

information (anecdotal and scientific) and encourage the use of

specialized gear and fishing methods to reduce bluefin mortality.

Fishermen are encouraged to contact NMFS to discuss alternative means

of avoiding bluefin hook-ups. To the extent that bluefin discards are

reduced through shorter trips, total fishing mortality may decrease.

Comment: The Mid-Atlantic Fishery Management Council recommended

that NMFS require a minimum number of days between landings of bluefin

tuna and that NMFS develop special break-away gear.

Response: A minimum number of days between landing a bluefin, in

the absence of other restrictions, would allow for an intermittent

directed fishery, contrary to the ICCAT recommendation. NMFS agrees

with the industry that a minimum number of days between landings in

conjunction with a minimum poundage requirement would be too

restrictive for Gulf longliners and would only result in additional

discards. NMFS will continue to research break-away gear.

4. Technical Corrections

Comment: Use of curved length measurements would allow the

retention of illegal-sized fish so the measurement should be defined

and its use prohibited.

Response: NMFS did not propose to allow use of curved length

measurements to determine size classes of bluefin tuna. NMFS sought

only to clarify the alternative measurement methods and to take comment

on the feasibility of increasing the size class definitions to account

for the curved length method. Once additional industry comments and

field observations are made concerning the measurement techniques used

by the industry for Atlantic bluefin tuna, NMFS will make a

determination about what would be the appropriate method to use. If the

curved length measurement were to become standard, the sizes would be

adjusted accordingly. This adjustment would not allow retention of

illegal-sized bluefin.

5. Request for Comments on Closure Notices

Comment: Timely notice of closures is commendable but closures

should err on the side of conservation.

Response: NMFS attempts to keep harvests within allotted quota

levels and has retained the reserve to account for overharvest in any

category.

6. The Environmental Assessment's ``Finding of No Significant Impact''

Comment: Without more effective conservation measures, the proposed

rule is likely to have significant impacts on bluefin stock recovery.

Response: The proposed actions continue and facilitate

implementation of ICCAT's long-term program for stock recovery. While

the minor changes affecting the 1994 U.S. domestic fishery may not

appear to significantly accelerate stock recovery, they are an integral

part of an overall 15 percent ICCAT reduction for 1994. Analysis of

more far-reaching management alternatives will continue as NMFS

prepares a DEIS for the 1995 fishery. As evidence of commitment to this

long-term process of stock rebuilding, NMFS issues these regulatory

changes as an interim final rule, rather than a final rule. This

interim final rule will be superseded when regulatory actions are

implemented for the 1995 fishery after completion of the 1994 ICCAT

meeting and the public review process required under the National

Environmental Policy Act.

Changes From the Proposed Rule

The following changes were made to the proposed rule: In

Sec. 285.22, the Angling category subquotas for school size tuna are

indicated to one decimal place to reflect the total of 99 mt. In

Sec. 285.24, a paragraph has been added to clarify the catch limits

that apply to vessels holding permits for both the Angling and General

categories.

In Sec. 285.29, language was added to instruct bluefin dealers to

mail required reporting forms at the dealer's expense. This is

necessary because the U.S. Department of Commerce can no longer provide

postage and fees for the delivery of Dealer Landing Report forms to the

NMFS Gloucester office, because the post office no longer accepts the

previously issued government postage-paid envelope. Also in

Sec. 285.29, a clarification is made to define the biweekly reporting

periods as the first day to the fourteenth day of each month and the

fifteenth day to the last day of the month.

At the request of NMFS enforcement staff, paragraph (a)(28) in

Sec. 285.31 is amended to prohibit possession of school, large school,

and small medium bluefin tuna taken by unauthorized gear. Also, a

correction to the regulatory text at Sec. 285.31 is made to omit

paragraph (c) relating to a prohibition on certain forms of at-sea

processing of bluefin tuna. A prior rule change (see 58 FR 45286,

August 27, 1993) affecting at-sea processing of tunas rendered this

paragraph obsolete.

Classification

This interim final rule is published under the authority of the

ATCA, 16 U.S.C. 971 et seq. The AA has determined that this rule is

necessary to implement the recommendations of ICCAT and is necessary

for management of the Atlantic tuna fisheries.

The General Counsel of the Department of Commerce has certified to

the Small Business Administration that this rule would not have a

significant economic impact on a substantial number of small entities

because the fishing category quotas proposed for 1994 will remain the

same as current quotas. Also, the changes to the Incidental Catch

category will alleviate some of the restrictions imposed on fishermen

landing bluefin taken incidental to longlining for swordfish, sharks,

and other tunas. These changes will facilitate enforcement of bluefin

regulations, will have a modest positive economic impact for some

longline fishing trips and will help prevent waste of bluefin tuna

which would otherwise be discarded dead. Since the changes made to the

proposed rule are not such as would significantly affect a substantial

number of small entities, a regulatory flexibility analysis was not

prepared. This interim final rule has been determined to be not

significant for purposes of Executive Order 12866.

This interim final rule involves a clarification of an existing

collection-of-information requirement subject to the Paperwork

Reduction Act that has been approved by OMB (control number 0648-0239).

This change, in reference to the daily dealer report, clarifies the

requirement to indicate the type of measurement recorded for bluefin

tuna weights and lengths. Public reporting burden for this collection-

of-information is estimated to average 3 minutes per response for

completing the requirement and faxing to NMFS. The requirements for the

bi-weekly dealer report are also restated. The reporting burden is

estimated to average 33 minutes per response. Send any comments

regarding these burden estimates or any other aspect of these

requirements, including suggestions for reducing the burden, to NMFS

and OMB (see ADDRESSES).

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 because reducing Atlantic bluefin

tuna mortality in the incidental longline southern area fishery is

necessary for compliance with international obligations. Since this

fishery is underway, early implementation of the new target species

minimum catch will better ensure that bluefin tuna incidental mortality

is minimized. Early implementation of the other measures is important

because the bluefin fishery is underway and these measures are

necessary for effective implementation of the ICCAT recommendations.

List of Subjects in 50 CFR Part 285

Fisheries, Penalties, Reporting and recordkeeping requirements,

Treaties.

Dated: April 8, 1994.

Charles Karnella,

Acting 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 ``fork length'' is removed and

definitions for ``curved fork length'' and ``straight fork length'' are

added, in alphabetical order, to read as follows:

Sec. 285.2 Definitions.

* * * * *

Curved fork length means a measurement of the length of Atlantic

bluefin tuna taken in a line tracing the contour of the body along the

middle of the lateral surface from the tip of the snout to the fork of

the tail.

* * * * *

Straight fork length means a measurement of the length of Atlantic

bluefin tuna taken in a straight line along the middle of the lateral

surface from a line perpendicular to the tip of the snout to a line

perpendicular to the fork of the tail.

* * * * *

3. Section 285.22 is amended as follows:

a. In paragraphs (a) and (i) change ``AA'' to read ``Assistant

Administrator'' wherever it occurs.

b. In paragraph (d) introductory text, change ``100 mt'' to read

``99 mt''.

c. In paragraphs (d) (1) and (2), change ``47 mt'' and ``53 mt''

respectively to read ``46.5 mt'' and ``52.5 mt'' respectively.

d. In paragraph (e) introductory text, change ``226 mt'' to read

``113 mt'' and paragraph (e)(1) is revised to read as follows:

Sec. 285.22 Quotas.

* * * * *

(e) * * *

(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.

latitude.

* * * * *

e. In paragraph (f) introductory text, change ``31 mt'' to read

``18 mt''.

4. Section 285.23 is amended by revising paragraphs (c) (1) and (2)

to read as follows:

Sec. 285.23 Incidental catch.

* * * * *

(c) * * *

(1) One fish per vessel per fishing trip landed south of 34 deg.00'

N. latitude, provided that for the months of January through April at

least 1,500 pounds (680 kg), and for the months of May through December

at least 3,500 pounds (1,588 kg), either dressed or round weight, of

species other than Atlantic bluefin tuna are legally caught, retained,

and offloaded from the same trip and are recorded on the dealer

weighout as sold; and

(2) Two percent by weight, either dressed or round weight, of all

other fish legally landed, offloaded and documented on the dealer

weighout as sold at the end of each fishing trip, north of 34 deg.00'

N. latitude.

* * * * *

5. Section 285.24 is amended by adding paragraph (e) to read as

follows:

Sec. 285.24 Catch limits.

* * * * *

(e) Vessels holding multiple permits. Anglers aboard vessels

jointly permitted in the Angling category and the General category or

Incidental (Rod and Reel) category may catch, retain, possess, or land

each day the bag or boat limits for anglers specified in paragraphs

(d)(1) through (d)(4) of this section. In addition to the Angling

category catch limits, one of the following vessel limits apply: (1)

The daily vessel limit for large medium or giant Atlantic bluefin tuna

applicable to the General category as specified in paragraph (a) of

this section, or

(2) The annual vessel limit for large medium or giant Atlantic

bluefin tuna applicable to the Incidental (Rod and Reel) category as

specified in paragraph (d) of section 285.23.

6. In Sec. 285.26, the introductory text preceding the table is

revised to read as follows:

Sec. 285.26 Size classes.

Straight fork length will be the sole criterion for determining the

size class of Atlantic bluefin tuna. 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 straight fork length

equals pectoral fin straight fork length multiplied by a factor of

1.35. For this purpose, all measurements must be taken in a straight

line along the middle of the lateral surface from a line perpendicular

to the dorsal insertion of the pectoral fin of the beheaded fish to a

line perpendicular to the fork of the tail (PF, see Figure 1). The

pectoral fin straight fork length will be the sole criterion for

determining the size class of a beheaded Atlantic bluefin tuna. Total

straight fork length will be the sole criterion for determining the

size class of whole (head on) Atlantic bluefin tuna. Atlantic bluefin

tuna are deemed to fall into a size class according to the following

table; approximate round weights are given for illustrative purposes

only.

* * * * *

7. Section 285.29 is amended by revising paragraphs (a) and (b)(1)

to read as follows:

Sec. 285.29 Dealer recordkeeping and reporting.

* * * * *

(a) Must submit to the Regional Director via both electronic

facsimile (FAX) and the existing postal system a daily report on a

reporting card provided by NMFS, within 24 hours of the purchase or

receipt of each Atlantic bluefin tuna from the person or vessel that

harvested the fish. A FAX of said card must be received at the NMFS NE

Regional Office (FAX 508-281-9135) within 24 hours of the purchase or

receipt of each Atlantic bluefin tuna. Additionally, said card must be

postmarked and mailed at the dealer's expense within 24 hours of the

purchase or receipt of each Atlantic bluefin tuna. Each reporting card

must be signed by the vessel permit holder or vessel operator to verify

the name of the vessel that landed the fish and must show the Atlantic

bluefin tuna vessel permit number, metal tag number affixed to the fish

by the dealer or assigned by an authorized officer, the date landed,

the port where landed, the round and/or dressed weight (indicating

which weight(s) measured), the total or pectoral fin straight and/or

curved fork length (indicating which length(s) measured), gear used,

and area where the fish was caught.

(b) * * *

(1) Said report must be postmarked and mailed at the dealer's

expense within 10 days after the end of each 2-week reporting period in

which Atlantic bluefin tuna were purchased, received, or imported. The

biweekly reporting periods are defined as the first day to the

fourteenth day of each month and the fifteenth day to the last day of

the month. Each report must specify accurately and completely for each

tuna purchased: Date of landing or import; vessel Atlantic Bluefin Tuna

permit number (if appropriate); metal tail tag number; weight in pounds

or kilograms (specify if round or dressed); nature of the sale

(dockside or consignment); price per pound or kilogram (round or

dressed weight); and destination of the fish (domestic or export). In

addition, dealers may indicate the quality rating of their bluefin

tuna: (A, B, or C) for four attributes (freshness, fat, color, and

shape).

* * * * *

8. Section 285.31 is amended by removing paragraph (c) and by

revising paragraphs (a)(28), (a)(30), and (a)(37) to read as follows:

Sec. 285.31 Prohibitions.

(a) * * *

* * * * *

(28) Fish for or catch school, large school or small medium

Atlantic bluefin tuna with gear other than hook and line, which is held

by hand or rod and reel made for this purpose, or to possess such fish

taken with unauthorized gear;

* * * * *

(30) Fish for, catch, retain, possess or land Atlantic bluefin tuna

from the Gulf of Mexico except as specified under Sec. 285.23 (c), and

(d);

* * * * *

(37) Fish for, catch, retain, possess or land any Atlantic bluefin

tuna less than 178 cm from a vessel other than one issued an Angling

Category permit under Sec. 285.21, or a Purse Seine category permit and

operating under Sec. 285.23(e).

* * * * *

[FR Doc. 94-8943 Filed 4-11-94; 11:38 am]

BILLING CODE 3510-22-P