Atlantic Tuna Fisheries; Annual Quotas and Effort Controls

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 960416112-6112-01; I.D. 030896D]

RIN 0648-AI29

Atlantic Tuna Fisheries; Annual Quotas and Effort Controls

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic

tuna fisheries to: Set Atlantic bluefin tuna (ABT) fishing category

quotas for the 1996 fishing year, revise allocations to monthly quota

periods and establish the effort control schedule in the ABT General

category, allow the partial transfer of quotas among Purse Seine

category permit holders and amend landing requirements, and increase

minimum sizes for Atlantic yellowfin and bigeye tunas. The proposed

regulatory amendments are necessary to implement the 1994

recommendation of the International Commission for the Conservation of

Atlantic Tunas (ICCAT) regarding fishing quotas for bluefin tuna, as

required by the Atlantic Tunas Convention Act (ATCA), and to achieve

domestic management objectives. NMFS will hold public hearings to

receive comments from fishery participants and other members of the

public regarding these proposed amendments.

DATES: Comments are invited and must be received on or before May 28,

1996. See SUPPLEMENTARY INFORMATION for dates, times, and locations of

public hearings.

ADDRESSES: Comments on the proposed rule should be sent to, and copies

of supporting documents, including a Draft Environmental Assessment-

Regulatory Impact Review (EA/RIR), are available from, William Hogarth,

Acting Chief, Highly Migratory Species Management Division, Office of

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

Highway, Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: William Hogarth, 301-713-2339.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed

under regulations at 50 CFR part 285 issued under the authority of

ATCA. ATCA authorizes the Secretary of Commerce (Secretary) to

implement regulations as may be necessary to carry out the

recommendations of ICCAT. The authority to implement ICCAT

recommendations has been delegated from the Secretary to the Assistant

Administrator for Fisheries, NOAA (AA).

Based on a revised stock assessment, parties at the 1994 meeting of

ICCAT adopted a recommendation to increase the annual scientific

monitoring quota of ABT in the western Atlantic Ocean from 1,995 metric

tons (mt) to 2,200 mt. The share allocated to the United States was set

at 1,311 mt, with the provision that unused quota from 1995 be carried

over or overharvest be subtracted from the 1996 total. This proposed

rule would implement that quota recommendation, accounting for

overharvest and underharvest in each

[[Page 18367]]

regulatory category as well as inseason transfers between certain

categories.

In addition to the proposed quota allocations, NMFS proposes

changes to operations of the ABT General and Purse Seine permit

categories. Changes to regulations pertaining to the General category

would serve to lengthen the fishing season and facilitate enforcement

by revising the percentages of total allowable catch apportioned into

monthly quotas and by changing restricted fishing days from Sunday,

Monday and Wednesday to Sunday, Monday and Tuesday. Changes to

regulations pertaining to the Purse Seine category would allow Purse

Seine permit holders to transfer a portion of their annual allocation

to other Purse Seine permit holders; these permit holders are already

authorized to transfer the total annual allocation among themselves.

Also, it is proposed that purse seine operators be allowed to land

dressed ABT.

Finally, NMFS proposes to increase yellowfin and bigeye tuna

minimum size limits from 22 inches (56 cm) to 27 inches (69 cm)

according to the curved measurement method, to prevent ABT between 22

inches (56 cm) and 27 inches (69 cm) from being inadvertently retained.

Increased catch of ABT below the minimum size of 27 inches (69 cm) has

been attributed to misidentification of small tunas. NMFS has

determined that these requirements would bring the United States into

compliance with the 1994 ICCAT recommendations pertaining to management

of ABT and would improve economic returns to fishery participants.

Fishing Category Quotas

In the 1992 final rule (57 FR 32905, July 24, 1992), NMFS

established quotas for the various commercial and recreational

categories in the ABT fishery, based upon the historical share of catch

in each of these categories during the period 1983 through 1991. These

quotas were used in 1992, 1993 and 1994, with overharvests and

underharvests added and subtracted where appropriate (as required by

ICCAT) and with some inseason transfers.

The total 1996 quota allocated by ICCAT to the United States is

1,311 mt, to be used for scientific monitoring purposes. Proposed

fishing category allocations for 1996 (see Table) were determined using

to the following procedure:

Step 1. Determine the difference between the 1995 quotas (adjusted

for within year transfers among categories) and the 1995 landings for

each fishing category, subcategory and total.

Step 2. Subtract or add the differences obtained from Step 1 to the

quotas set in 1992 (base quotas) for the total fishery, each category,

and subcategory (except for the Purse Seine category for which the base

quota of 301 mt was reduced to 250 mt in 1995, and the Incidental

category from which 3 mt were transferred in 1995 to allow for an

Angling ``trophy'' fish category).

Step 3. Adjust, as inseason actions, the results from Step 2 for

the 1996 quotas by: (1) Transferring 10 mt from the Reserve to the

General category to ensure that the October fishery in the New York

Bight occurs; (2) transferring 43 mt from the Incidental category to

the Reserve to ensure that the total U.S. quota is not exceeded; and

(3) transferring 95 mt from the Reserve to Angling to increase the

likelihood that the Angling category remains open throughout most of

the year.

Thus, the proposed ABT fishing category quotas for the 1996 fishing

year are as follows: General category--541 mt; Harpoon Boat category--

53 mt; Purse Seine category--251 mt; Angling category--243 mt;

Incidental category--110 mt; Reserve--108 mt.

The proposed transfer of 95 mt to the Angling category large

school-small medium quota in part accounts for the net overharvest of

74 mt in 1994-95 for all size classes. An additional 21 mt are added to

the Angling category quota to account for landings of large school-

small medium ABT observed in the North Carolina fishery during January

through March 1996. This additional 95 mt would allow NMFS to reopen

the large school-small medium segment of the ABT Angling category

previously closed (61 FR 11336, March 20, 1996) and allow adjustment to

the Angling Category daily catch limit previously restricted to one ABT

per vessel per day (61 FR 8223, March 4, 1996).

These transfers from the Reserve are authorized under

Sec. 285.22(i), given the high likelihood, based on historical catch

rates and effort levels, that landings in the General and Angling

categories will fully meet their quotas. Participation in the General

and Angling categories has increased in recent years and has resulted

in early closures for these categories. In addition, the General and

Angling categories currently provide the most useful fishery-dependent

scientific data for stock assessment purposes.

Proposed ABT Quotas by Fishing Category

--------------------------------------------------------------------------------------------------------------------------------------------------------

Inseason 1995 Quota for

1995 quota transfers Net 1995 1995 overage/ 1992 base 1996 net of Adjustments Proposed

to quota quota landings (underage) quota over/under to quotas 1996 quota

--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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

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

Other................................. 2 .......... 2 1 (1) 1 2 -1 1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

c Incidental category provided 10 mt to the General category; also, 15 mt were transferred from longline south to longline north.

[[Page 18368]]

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

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

f The 95 mt transferred from the Reserve to the Angling category represents the overage due to the delay of the Large Pelagic Survey (74 mt) plus the 21

mt of landings already observed in January and February 1996 in North Carolina.

g The net Reserve is equal to: 170 mt - 10 mt (to General) - 95 mt (to Angling) + 43 mt (from Longline) = 108 mt.

General Category Effort Controls

In the 1995 fishery, NMFS implemented time period subquotas for the

ABT General category to increase the likelihood that fishing would

continue throughout most of the year for scientific monitoring

purposes. These subquotas also addressed concerns regarding allocation

of fishing opportunities, allowed for a late season fishery, and

improved marketing conditions. Due to delayed effectiveness of the 1995

rule changes, and the unexpected increase in recreational landings at

the end of the season, these monthly subquotas were not fully

implemented.

NMFS proposes to adjust the time period subquotas of the General

category quota in 1996. Based upon historical catch and recent trends

in catch rates and fishing effort, the General category quota is

proposed to be distributed as follows: 25 percent in June-July; 35

percent in August; 30 percent in September; and 10 percent in October-

December. These percentages would be applied only to the base quota of

531 mt, with the remaining 10 mt being reserved for the New York Bight

fishery in October. Thus, of the 531 mt total, 133 mt would be

available in the period beginning June 1 and ending July 31; 186 mt

would be available in the period beginning August 1 and ending August

31; 159 mt would be available in the period beginning September 1 and

ending September 30; and 63 mt (53 mt based on 10 percent, plus 10 mt

New York Bight fishery) would be available in the period beginning

October 1 and ending December 31.

Attainment of quota in any period would result in a closure until

the subsequent period, whereupon any underharvest or overharvest would

be carried over to the subsequent period to adjust the base quota for

that period. Inseason closures would be filed at the Office of the

Federal Register, stating the effective date of closure, and announced

through local media and over NOAA weather radio.

This proposed rule would change allowable fishing days for vessels

permitted in the ABT General category. In 1995, daily closures (Sunday,

Monday, and Wednesday) were implemented to lengthen the fishing season.

This rule proposes to remove Wednesday as a restricted fishing day and

include Tuesday as a restricted fishing day. Having three consecutive

days closed would increase the likelihood of accomplishing the

objective of temporarily extending the fishing season by facilitating

enforcement of the daily closures. Economic conditions for vessel crew

members who fish part time and/or must travel between home and fishing

ports would also be improved.

NMFS is proposing to maintain Sunday closures, with the exception

of certain holiday weekends, during the effective period of effort

controls. It is also proposed that the effective period of the effort

controls be limited to mid-July through mid-September, corresponding to

the historical period when catch rates are highest.

Thus, under this proposed rule, persons aboard vessels permitted in

the General category or the Charterboat/Headboat category would not be

allowed to fish for, catch, retain or land large medium or giant ABT on

the designated restricted fishing days listed below. This management

measure would serve to prevent overharvest of quota in any period and

is tied, in part, to the ``Sunday-Monday-Tuesday'' principle, and to

market closures in Japan (the major export market), to minimize

potential negative economic consequences to U.S. fishermen. Some of the

standard restricted fishing days would be eliminated according to

market factors as well as holiday periods. The proposed effort controls

would improve distribution of fishing opportunities without increasing

ABT mortality.

NMFS proposes that, for 1996, scheduled days on which no large

medium or giant ABT may be retained by persons aboard vessels permitted

in the General category or Charter/Headboat category be: July 14, 15,

16, 21, 22, 23, 28, 29, and 30; August 4, 5, 6, 9, 10, 11, 12, 13, 18,

19, 20, 25, 26, and 27; and September 3, 8, 9, 10, 15.

Purse Seine Requirements

This rule proposes to implement, for the Purse Seine category

alone, a more flexible method of allocation of the domestic U.S. quota

for 1996, notably, a market-based allocation alternative. Current

regulations allow for Purse Seine permit holders to transfer, in whole,

their annual allocation of the Purse Seine category quota, or to

permanently consolidate Purse Seine permits.

As proposed, individual purse seine allocations of bluefin tuna

quota would be transferable, in whole or in part, to any other purse

seine vessel permitted in the Atlantic tunas fisheries. Wholesale or

partial transfers of allocation would require written notice to NMFS 3

days in advance of landing any bluefin tuna transferred from another

purse seine vessel's annual allocation. Such notice would indicate the

transfer date, amount (mt) transferred, and the permit numbers of

vessels involved in the transfer.

In addition, it is proposed to allow purse seine vessel operators

to land ABT in dressed, rather than round, form. This proposed

amendment would extend to purse seine vessels the current ABT landing

requirement applicable to all other vessels engaged in recreational or

commercial fishing.

Minimum Size for Yellowfin and Bigeye Tuna

NMFS proposes to increase yellowfin and bigeye tuna minimum size

limits to 27 inches (69 cm) according to the curved measurement method.

Currently, the ICCAT recommendation on minimum sizes for these species

is expressed as 3.2 kg (7 lb), which is equivalent to 22 inches (56

cm). Given the similarity in appearance of juvenile Atlantic tunas,

especially bluefin and yellowfin, the 2-year catch of sublegal ABT in

1994 and 1995 comprised 28 percent of the total catch below 47 inches

(119 cm). Because of the need to comply with the ICCAT ABT minimum size

recommendation of 27 inches (69 cm), NMFS proposes uniform minimum

sizes on ABT, yellowfin, and bigeye tuna. This measure should ensure

compliance with the ICCAT recommendation on ABT minimum size by

facilitating enforcement.

In 1995, NMFS received comment that the ICCAT recommendation on the

minimum size for yellowfin tuna does not coincide with age of first

spawning and that these fish should have the opportunity to spawn at

least once. At the time, NMFS responded that more information is needed

on the potential impact for both recreational and commercial sectors,

especially the effect on discard rates for yellowfin tuna and an

analysis of release mortality. NMFS continues to assess the costs and

benefits of the increased minimum size and invites comment relative to

management of yellowfin and bigeye

[[Page 18369]]

tuna. However, the proposed action is intended to protect juvenile ABT,

for which a strict quota management program is already in place.

Request for Comments

Although NMFS is not currently proposing a change in the opening

date of the General category fishing season, NMFS has received requests

for division of the quota to allow for a General category fishery

during the winter months when ABT are present in waters off North

Carolina. Comments are sought regarding this issue. Also, NMFS has

received numerous comments that the use of aircraft to locate tuna for

General category vessels is working against the effort controls

previously established. NMFS therefore requests specific comments on

ways to mitigate this impact.

Also, under current regulations, a designated restricted fishing

day may be waived, or the daily catch limit may be adjusted, if the AA

determines that such effort control is impeding attainment of the

monthly quota or needed to avert premature closure. However, NMFS has

received comment that the 5-day advance notice of such waiver or catch

limit adjustment should be reduced to make these adjustments more

effective. NMFS, therefore, requests comment on a change to file such

notices with the Office of the Federal Register a minimum of 3 calendar

days in advance of the effective date.

In addition, NMFS has received two petitions for rulemaking

regarding the Atlantic tuna fisheries. Petitioners have requested that

NMFS list pair trawl as an authorized gear for tunas other than ABT.

Other petitioners have requested that NMFS prohibit retention of ABT

smaller than the large medium size class. NMFS requests comment on the

merits and impacts of these proposed regulatory changes. Copies of the

petitions are available from NMFS (see ADDRESSES).

Locations of Public Hearings

The public hearing schedule is as follows:

Monday, May 6, 1996, Silver Spring, MD, 2-5 p.m.

NOAA Building 3, Room 4527, 1315 East-West Highway, Silver Spring, MD

20910

Thursday, May 9, 1996, Boston, MA, 6-10 p.m.

John B. Hynes Veterans Memorial Convention Center, 900 Boylston Street,

Boston, MA 02115

Friday, May 10, 1996, Madeira Beach, FL, 6-9 p.m.

City Hall, 300 Municipal Drive, Madeira Beach, FL 33708

Classification

This proposed rule is published under the authority of the ATCA, 16

U.S.C. 971 et seq. Preliminarily, the AA has determined that the

regulations contained in this proposed rule are necessary to implement

the recommendations of ICCAT and are necessary for management of the

Atlantic tuna fisheries.

NMFS prepared a draft EA for this proposed rule with a preliminary

finding of no significant impact on the human environment. In addition,

a draft RIR was prepared with a preliminary finding of no significant

impact. The Assistant General Counsel for Legislation and Regulation of

the Department of Commerce has certified to the Chief Counsel for

Advocacy of the Small Business Administration that the proposed rule

would not have a significant economic impact on a substantial number of

small entities. For most fishing categories, quotas are proposed at

levels similar to prior years. Although the reduction in Incidental

category quotas of 28 percent amounts to a significant impact on gross

revenues for that sector, the number of vessel operators affected does

not exceed 5 percent of the tuna fleet. Thus, an initial Regulatory

Flexibility Analysis was not prepared.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

Notifications of purse seine allocation transfers are not subject

to the Paperwork Reduction Act (PRA), because a maximum of five vessels

could be subject to reporting under this requirement. Since it is

impossible for ten or more respondents to be involved, the

notifications are exempt from the PRA clearance requirement.

NMFS issued a biological opinion under the Endangered Species Act

on July 5, 1989, indicating that the level of impact and marine mammal

takes in the Atlantic tuna fisheries is not likely to jeopardize the

continued existence of any sea turtle species or any marine mammal

populations. It has been preliminarily determined that additional

information on the Atlantic tuna fisheries collected since that time

has not changed the conclusion of that consultation.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties, Reporting and recordkeeping

requirements, Treaties.

Dated: April 19, 1996.

Nancy Foster,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 285 is

proposed to be amended as follows:

PART 285--ATLANTIC TUNA FISHERIES

1. The authority citation for part 285 continues to read as

follows:

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

2. In Sec. 285.22, paragraphs (a)(1), (a)(3), (b), (c), (d), (e),

and the heading and first sentence of paragraph (f) are revised, to

read as follows:

Sec. 285.22 Quotas.

* * * * *

(a) General. (1) The total annual amount of large medium and giant

Atlantic bluefin tuna that may be caught, retained, possessed or landed

in the regulatory area by vessels permitted in the General category

under Sec. 285.21(b) is 541 mt, of which 133 mt are available in the

period beginning June 1 and ending July 31; 186 mt are available in the

period beginning August 1 and ending August 31; 159 mt are available in

the period beginning September 1 and ending September 30; and 63 mt are

available beginning October 1.

* * * * *

(3) When the October General category catch is projected to have

reached a total of 10 mt less than the overall October quota, the

Director will publish a notice in the Federal Register to set aside the

remaining quota for an area comprising the waters south and west of a

straight line originating at a point on the southern shore of Long

Island at 71 deg.51' W. long. (Montauk Point) and running SSE 150 deg.

true. The daily catch limit for the set-aside area will be one large

medium or giant Atlantic bluefin tuna per vessel per day. Upon the

effective date of the set-aside, fishing for, retaining, or landing

large medium or giant Atlantic bluefin tuna must cease in all waters

outside of the set-aside area.

(b) Harpoon Boat. The total annual amount of large medium and giant

Atlantic bluefin tuna that may be caught, retained, possessed, or

landed in the regulatory area by vessels permitted in the Harpoon Boat

category under Sec. 285.21(b) is 53 mt.

(c) Purse Seine. The total amount of large medium and giant

Atlantic bluefin tuna that may be caught, retained, possessed, or

landed in the regulatory area by vessels permitted in the Purse

[[Page 18370]]

Seine category under Sec. 285.21(b) is 251 mt.

(d) Angling. The total annual amount of Atlantic bluefin tuna that

may be caught, retained, possessed, or landed in the regulatory area by

anglers is 243 mt. No more than 5 mt of this quota may be large medium

or giant bluefin tuna quota. No more than 138 mt of this quota may be

school Atlantic bluefin tuna. The quota for school Atlantic bluefin

tuna is further subdivided as follows:

(1) 65 mt of school Atlantic bluefin tuna may be caught, retained,

possessed, or landed south of 38 deg.47' N. lat.

(2) 73 mt of school Atlantic bluefin tuna may be caught, retained,

possessed, or landed north of 38 deg.47' N. lat.

(e) Incidental. The total annual amount of large medium and giant

Atlantic bluefin tuna that may be caught, retained, possessed, or

landed in the regulatory area by vessels permitted in the Incidental

Catch category under Sec. 285.21(b) is 110 mt. This quota is further

subdivided as follows:

(1) 109 mt for longline vessels. No more than 86 mt may be caught,

retained, possessed, or landed in the area south of 34 deg.00' N. lat.

(2) For vessels fishing under Sec. 285.23 (a) and (b), 1 mt may be

caught, retained, possessed, or landed in the regulatory area.

(f) Inseason adjustment amount. The total amount of Atlantic

bluefin tuna that will be held in reserve for inseason adjustments is

108 mt. * * *

* * * * *

3. In Sec. 285.24, paragraph (a)(1) and the first sentence of

paragraph (a)(2) are revised to read as follows:

Sec. 285.24 Catch limits.

(a) General category. (1) From the start of each fishing year,

except on designated restricted fishing days, only one large medium or

giant Atlantic bluefin tuna may be caught and landed per day from a

vessel for which a General category permit has been issued under

Sec. 285.21. On designated restricted fishing days, persons aboard such

vessels may not possess, retain or land any large medium or giant

Atlantic bluefin tuna. For calendar year 1996, designated restricted

fishing days are: July 14, 15, 16, 21, 22, 23, 28, 29, and 30; August

4, 5, 6, 9, 10, 11, 12, 13, 18, 19, 20, 25, 26, and 27; and September

3, 8, 9, 10, and 15.

(2) The Assistant Administrator may increase or reduce the catch

limit over a range from zero (restricted fishing days) to a maximum of

three large medium or giant Atlantic bluefin tuna per day per vessel

based on a review of dealer reports, daily landing trends, availability

of the species on the fishing grounds, and any other relevant factors,

to provide for maximum utilization of the quota. * * *

* * * * *

4. In Sec. 285.25, the last sentence of paragraph (c), and

paragraph (d)(2) are revised to read as follows:

Sec. 285.25 Purse seine vessel requirements.

* * * * *

(c) Inspection. * * * Purse seine vessel owners must have each

large medium and giant bluefin tuna in their catch weighed, measured,

and the information recorded on the landing card required under

Sec. 285.28(a) at the time of offloading and prior to transporting said

tuna from the area of offloading.

(d) Vessel allocations. * * *

(2) The Regional Director will review applications for allocations

of Atlantic bluefin tuna on or about May 1, and will make equal

allocations of the available size classes of Atlantic bluefin tuna

among vessel owners so requesting. Such allocations are freely

transferable, in whole or in part, among purse seine vessel permit

holders. Any purse seine vessel permit holder intending to land bluefin

tuna under an allocation transferred from another purse seine vessel

permit holder must provide written notice of such intent to the

Regional Director 3 days before landing any such bluefin tuna. Such

notification must include the transfer date, amount (mt) transferred,

and the permit numbers of vessels involved in the transfer. Trip or

seasonal catch limits otherwise applicable under Sec. 285.24(c) are not

altered by transfers of bluefin tuna allocation. Purse seine vessel

permit holders who, through landing and/or transfer, have no remaining

bluefin tuna allocation may not use their permitted vessels in any

fishery in which Atlantic bluefin tuna might be caught.

* * * * *

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

Sec. 285.31 Prohibitions.

(a) * * *

(4) Fish for, catch, or possess or retain Atlantic bluefin tuna in

excess of the catch limits specified in Sec. 285.24, or to possess or

retain large medium or giant ABT on designated restricted fishing days,

except that fish may be caught and released under the provisions of

Sec. 285.27.

* * * * *

6. In Sec. 285.52, paragraph (a) is revised to read as follows:

Sec. 285.52 Size limits.

(a) Fishing for, catching, retention, or possession of Atlantic

yellowfin and bigeye tunas in the regulatory area by persons aboard

fishing vessels subject to the jurisdiction of the United States is

authorized only for yellowfin or bigeye tuna measuring 27 inches (69

cm) or more in total curved fork length.

* * * * *

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

BILLING CODE 3510-22-P