Atlantic Tuna Fisheries; Atlantic Bluefin Tuna Effort Controls

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 970626157-7176-01; I.D. 041697C]

RIN 0648-AJ65

Atlantic Tuna Fisheries; Atlantic Bluefin Tuna 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) General category effort

controls for the 1997 fishing year. The regulatory amendments are

necessary to achieve domestic management objectives.

DATES: Effective July 15, 1997.

ADDRESSES: Copies of supporting documents, including an Environmental

Assessment-Regulatory Impact Review (EA/RIR), are available from,

Rebecca Lent, Chief, Highly Migratory Species Management Division,

Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West Highway,

Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 301-713-2347, or Pat

Scida, 508-281-9260.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed

under the authority of the Atlantic

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

the Secretary of Commerce (Secretary) to issue regulations as may be

necessary to carry out the recommendations of the International

Commission for the Conservation of Atlantic Tunas (ICCAT). The

authority to issue regulations to carry out 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 preamble to the proposed

rule (62 FR 36040, July 3, 1997) and is not repeated here. These

regulatory changes will improve NMFS' ability to further the management

objectives for the Atlantic tuna fisheries.

Quota Subdivision

In this final rule, the 1997 General category quota is split, based

upon historical catch patterns (1983-96), into three subquotas and

distributed as follows: 60 percent for June-August, 30 percent for

September, and 10 percent for October-December. These percentages are

applied only to 623 metric tons (mt) out of the total General category

quota of 633 mt. The remaining 10 mt is reserved for the New York Bight

fishery in October. Thus, of the 623 mt, 374 mt is available in the

period beginning June 1 and ending August 31, 187 mt is available in

the period beginning September 1 and ending September 30, and 62 mt is

available in the period beginning October 1 and ending December 31.

When the October through December period General category catch is

projected to have reached 62 mt, NMFS will set aside the remaining 10

mt for the New York Bight only. Upon the effective date of the New York

Bight set-aside, fishing for, retaining, or landing large medium or

giant ABT is prohibited in all waters outside the set-aside area.

Attainment of the subquota in any fishing period will result in a

closure until the beginning of the following fishing period, whereupon

any underharvest or overharvest will be carried over to the following

period, with the subquota for the following period adjusted

accordingly. Announcements of inseason closures will be filed with the

Office of the Federal Register, stating the effective date of closure,

and further communicated through the Highly Migratory Species (HMS) Fax

Network, the HMS Information Line, NOAA weather radio, and Coast Guard

Notice to Mariners. Although notification of closure will be provided

as far in advance as possible, fishermen are encouraged to call the HMS

Information Line to check the status of the fishery before leaving for

a fishing trip. The phone numbers for the HMS Information Line are

(301) 713-1279 and (508) 281-9305. Information regarding the Atlantic

tuna fisheries is also available through Nextlink Interactive, Inc., at

(888) USA-TUNA.

The New York Bight area is redefined as the 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, and north of 38 deg.47' N. lat.

Restricted-Fishing Days

NMFS also establishes the 1997 schedule of restricted-fishing days

for vessels permitted in the General category. In 1996, the restricted-

fishing days followed the pattern of Sunday, Monday, and Tuesday (with

some exceptions for market closures and holidays) from mid-July to mid-

September. This rule reflects the restricted-fishing days mutually

agreed upon by associations representing General category fishermen and

dealers for July and August, and specifies restricted-fishing days for

September in order to lengthen the General category fishery. Persons

aboard vessels permitted in the General category are prohibited from

fishing (including tag and release fishing) for ABT of all sizes on the

following days for the 1997 season: July 16, 17, 23, and 30; August 6,

10, 11, 12, 17, 20, 24, and 27; and September 1, 3, 6, 7, 10, 11, 14,

17, 19, 21, 24, and 28. On these designated restricted-fishing days,

persons aboard vessels permitted in the Charter/Headboat category may

fish for school, large school, and small medium ABT only, provided the

Angling category remains open, and are subject to the catch limits in

effect.

Changes From the Proposed Rule

Based on consideration of the comments received, several changes

were made to the proposed rule. Restricted-fishing days have been added

for the fishing period beginning September 1 and ending September 30.

In addition, a southern boundary line for the New York Bight set-aside

area is established at 38 deg.47' N. lat.

Comments and Responses

NMFS conducted three public hearings on the proposed rule and

received written and oral comments over a 14-day comment period.

Responses to the comments are provided below.

Proposed Quota Subdivision

Comment: Some commenters requested that there be no quota allocated

for October-December, and that the quota allocated for that period be

redistributed to the July-August or September subquotas. Other fishery

participants supported quota for the October-December period.

Response: NMFS has established a subquota for the October-December

period for the past two seasons based on comments received in 1995 and

1996 that extending General category fishing into October could result

in the landing of higher quality bluefin and therefore could improve

prices received by fishermen. Due to the lack of agreement among

industry representatives on ways to improve this apportionment

consistent with management objectives, no change is made from the

proposed rule.

Comment: Some commenters suggested that the proposed 60 percent-40

percent quota subdivision for before and after September 1 is

inappropriate because it incorporates data from 1995 and 1996 when

effort controls were in place, thus the landings patterns were

influenced by the regulations. In addition, comments were received

stating that school and medium sized fish should not be counted in

calculating the historical average, since those fish can no longer be

sold.

Response: NMFS has re-evaluated the landings data from 1983-96, by

excluding from the analysis (1) the data from 1995 and 1996, and (2)

landings of school and medium bluefin by General category vessels

(prior to July 1992). Neither of these adjustments significantly alters

the historical proportion of landings before and after September 1.

Therefore, the quota distribution is not changed.

Comment: Many commenters supported a southern boundary for the New

York Bight set-aside area. Many fishery participants stated that the

purpose of the New York Bight set-aside was to provide for the

historical late-season General category fishery for the Mud Hole region

off New York and New Jersey. Most commenters suggested that the

boundary be established at a point in southern New Jersey.

Response: NMFS agrees that there should be a southern boundary for

the New York Bight set-aside area in order to preserve fishing

opportunities for the traditional Mud Hole fishery. The southern

boundary is set at 38 deg.47' N. lat.

General Category Restricted-Fishing Days

Comment: Most commenters requested the establishment of

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restricted-fishing days, similar to those proposed for July and August,

for September since catch rates in that month can be extremely high.

Response: NMFS acknowledges that since September catch rates can be

high, extending restricted-fishing days into September would lengthen

the General category season. Therefore, Sundays, Wednesdays, and the

three days corresponding to Japanese market closure are established as

restricted-fishing days for September with this final rule.

Comment: Some commenters warned that effort on Labor Day (September

1) will be extremely high due to holiday fishing by part-time

fishermen, and because it is the first day of the September fishing

period, and they suggested that September 1 should be designated as a

restricted-fishing day.

Response: In order to lengthen the September fishery for commercial

bluefin fishermen, NMFS also includes September 1 as a restricted-

fishing day.

Comment: Some commenters requested additional restricted-fishing

days off for July and August.

Response: NMFS chooses to adhere to the schedule of July and August

dates mutually agreed upon by associations representing a significant

portion of General category fishermen and dealers.

Comment: Some commenters requested restricted-fishing days for the

fishing period beginning October 1.

Response: Due to the deterioration of weather conditions as the

fall progresses, and due to the fact that there was no clear agreement

among industry groups, NMFS feels that restricted-fishing days in

October are not warranted. If necessary, regulations allow for inseason

adjustments to the effort control schedule.

Classification

This rule is published under the authority of ATCA. The AA has

determined that the regulations contained in this final rule 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.

Because many of the designated restricted-fishing days have been

scheduled to correspond directly to Japanese market closures, the

likelihood of extending the fishing season is increased and additional

revenues may accrue to small businesses as market prices received by

U.S. fishermen are improved. 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.

On May 29, 1997, NMFS issued a biological opinion, which concluded

that continued operation of the hand gear fisheries is not likely to

adversely affect the continued existence of any endangered or

threatened species under NMFS jurisdiction. The rule implements effort

controls similar to prior years, making minor changes in the

restricted-fishing day schedule and in period subquotas, and likely

will not increase fishing effort or shift activities to new fishing

areas. Therefore, the final rule is not expected to increase endangered

species or marine-mammal interaction rates.

The AA has determined that there is good cause to waive the 30-day

delay in the effective date normally required by 5 U.S.C. 553(d). While

this rule establishes effort controls for the General category, the

only requirements with which a fisherman would have to come into

compliance is not to fish on the restricted-fishing days or during a

closed period. While 8 of the restricted-fishing days would have fallen

within the 30-day delay in effective date period, these days have been

agreed to by General category industry representatives and are

consistent with the suggestions of affected constituents received

during the public comment period. NMFS will rapidly communicate these

dates and closures to fishing interests through the FAX network and

NOAA weather radio. As such, it is unnecessary to delay the effective

date of this rule.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties, Reporting and recordkeeping

requirements, Treaties.

Dated: July 15, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries, 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. 285.22, paragraph (a)(1) and the first sentence of

paragraph (a)(3) 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 633 mt, of which 374 mt are available in the

period beginning June 1 and ending August 31; 187 mt are available in

the period beginning September 1 and ending September 30; and 72 mt are

available in the period 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, and north of 38 deg.47' N. lat. * * *

* * * * *

3. In Sec. 285.24, paragraph (a)(1) is 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 this

part. On designated restricted-fishing days, persons aboard such

vessels may not fish for, possess or retain Atlantic bluefin tuna. For

calendar year 1997, designated restricted-fishing days are: July 16,

17, 23, and 30; August 6, 10, 11, 12, 17, 20, 24, and 27; and September

1, 3, 6, 7, 10, 11, 14, 17, 19, 21, 24, and 28.

* * * * *

[FR Doc. 97-19046 Filed 7-15-97; 5:08 pm]

BILLING CODE 3510-22-U