Atlantic Tuna Fisheries; Annual Quotas and Effort Controls

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]

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