Atlantic Highly Migratory Species Fisheries; Tuna Fishery Regulatory Adjustments

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 960416112-7024-04; I.D. 111396A]

RIN 0648-AJ04

Atlantic Highly Migratory Species Fisheries; Tuna Fishery

Regulatory Adjustments

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 regulations governing the Atlantic tuna

fisheries to: Divide the large school-small medium size class quota and

the large medium-giant quotas of Atlantic Bluefin Tuna (ABT) into north

and south regional subquotas; establish a new tuna permit program to

provide for category changes, annual renewals and the collection of

fees; establish authority for self-reporting for ABT landed under the

Angling category; prohibit the retention of ABT less than the large

medium size class by vessels permitted in the General category;

prohibit all fishing by persons aboard vessels permitted in the General

category on designated restricted-fishing days; and prohibit the use of

spotter aircraft except in purse seine fisheries. The proposed

regulatory amendments are necessary to achieve domestic management

objectives for the Atlantic tuna fisheries. 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 March 31,

1997.

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

Hogarth, Acting 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: John Kelly, 301-713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed

under the authority of the Atlantic Tunas Convention Act (ATCA). ATCA

authorizes the Secretary of Commerce (Secretary) to implement

regulations as may be necessary to carry out the recommendations of the

International Commission for the Conservation of Atlantic tunas

(ICCAT). The authority to implement ICCAT recommendations has been

delegated from the Secretary to the Assistant Administrator for

Fisheries, NOAA (AA).

Relation to Advance Notices of Proposed Rulemaking

This proposed rule responds in part to comments received subsequent

to two recently published Advanced Notices of Proposed Rulemaking

(ANPR) (61 FR 43518, August 23, 1996 and 61 FR 48876, September 17,

1996). Written comments were accepted over a 30 day period following

publication of each ANPR. A summary of comments received follows.

NMFS received comments from several organizations and individuals

in support of dividing the large school-small medium and large medium-

giant size class quotas into regional subquotas. Many commenters are

concerned that the high catch rates off North Carolina in the winter

months preclude the opportunity to land a trophy size bluefin in other

areas. Some commenters felt that this would be a more reasonable

solution than delaying the Angling category season until June 1. Still

others suggested that since the winter fishery off North Carolina is

not historical, at least at current levels, it should not be allowed to

increase if it is likely to jeopardize the ABT recovery program or

preclude fisheries in traditional areas.

Some commenters wrote in support of providing NMFS the authority to

close and/or reopen all or part of the Angling category in order to

ensure an equitable distribution of fishing opportunities. NMFS has

decided to address this option in a separate regulatory action.

Regarding a new tuna permit program, some commenters support annual

renewal and the collection of a fee. Some individuals state that an

annual renewal system would be an administrative burden. A few

commenters suggest a higher fee for commercial and charter permits, and

a few oppose the fee altogether. Several commenters support the

establishment of a self-reporting system for ABT landed under the

Angling category. Some are concerned about NMFS getting the resources

to develop a monitoring strategy in which the constituency can have

confidence.

Many commenters wrote to support issuance of one permit per vessel

so that vessels could not fish in more than one quota category. In July

1995, NMFS issued regulations that precluded issuance of both a General

and Angling category permit to a single vessel, but that rule also

allowed General and Charter/Headboat permitted vessels to fish under

the Angling category quota. The numerous comments NMFS received in

support of separating the General and Angling category permits can thus

be translated as requests to prohibit the retention of school ABT by

General category vessels.

Some commenters wrote to support the requirement of logbooks for

General category vessels.

Over 350 post cards were received that requested NMFS to prohibit

fishing by persons on General category vessels on restricted-fishing

days. A few commenters oppose restricted-fishing days. NMFS received

510 comments supporting prohibition of spotter planes in all handgear

categories, two comments supporting the prohibition for the General

category only, and one comment supporting the prohibition for the

Harpoon category only.

NMFS has reviewed comments received on the two ANPRs and has

considered them in developing this proposed rule.

Relation to Proposed Consolidation

A proposed rule on ``Atlantic Highly Migratory Species Fisheries;

Consolidation of Regulations'' was published by NMFS on November 6,

1996, in the Federal Register at 61 FR 57361. The regulatory amendments

contained in this proposed rule have been written to be consistent with

the previously proposed consolidation. As proposed, the consolidated

regulations significantly reorganize and condense regulatory text

regarding the Atlantic tuna fisheries. In particular, regulations

governing the Atlantic tuna fisheries,

[[Page 9727]]

currently found at 50 CFR part 285, were proposed to be combined with

other regulations governing HMS under 50 CFR part 630. This proposed

rule is drafted in a consistent format to enable the public to place

these changes in context, as the changes will amend the proposed

consolidated regulations under part 630. Copies of the proposed

consolidation rule may be obtained by writing (see ADDRESSES) or

calling the contact person (see FOR FURTHER INFORMATION CONTACT).

Subsequent to the publication of the proposed consolidation, a

technical amendment to 50 CFR part 285 was filed at the Office of the

Federal Register (62 FR 331, January 3, 1997) to remove references to

the Regional Director for the purposes of issuing Atlantic Tunas

permits. This amendment was necessary to begin implementation of the

automated permitting system by a private sector contractor. Therefore,

regulatory text referring to permits in this proposed rule reflects

changes made by that technical amendment in addition to the proposed

consolidation.

Angling Category

Changes to Angling category regulations would provide more

information for scientific monitoring by lengthening the fishing

season. Additionally, these changes would provide more equitable

geographic and temporal distribution of fishing opportunities.

Since 1992, the school size subcategory has been divided between a

``north'' and ``south'' area quota, with the division at Delaware Bay.

The northern region has been allocated 53 percent of the school ABT

quota and the southern region 47 percent. Given the recent and

unprecedented increase in landings of large school-small medium and

large medium-giant (trophy class) ABT in the early season North

Carolina fishery, NMFS proposes to subdivide the large school-small

medium quota and the large medium-giant quota in the same proportions

and for the same geographic areas as has been specified for the school

size class of ABT. This subdivision would improve scientific data

collection over all regions and the entire fishing season and help

ensure that the northern and southern areas have access to an equitable

share of the quota. If implemented, these northern and southern area

subquotas will be identified in the annual quota specifications to be

published in the Federal Register at a later date.

NMFS believes that the subdivision of the quota combined with the

expanded authority for interim closures, to be undertaken in a separate

action, could adequately address the scientific monitoring and fishing

opportunity issues without delaying the opening of the Angling category

fishing season until June.

General Category

In 1995, NMFS proposed amendments to permit regulations to preclude

issuance of both ABT General and Angling category permits to a single

vessel (60 FR 25665, May 12, 1995). At the time, industry participants

had communicated concerns to NMFS that permitting vessels in both the

Angling and General categories facilitates violations of daily catch

limits and results in discarding and additional mortality of bluefin

tuna. These commenters maintained that under a dual permit system,

vessels may continue to fish after the daily commercial trip limit is

reached with the intent to capture a more valuable fish or illegally

transfer fish to another vessel. It was argued that issuance of only a

General or Angling category permit to a single vessel would also reduce

bluefin discard mortality by separating commercial and recreational

fishing activities.

In response, NMFS proposed that a permit for a single category be

issued to a vessel, that persons aboard General category vessels be

required to release all ABT less than 73 inches curved fork length and

cease fishing once the daily limit of large medium or giant ABT is

attained, and that persons aboard Angling category vessels be required

to release all ABT greater than 73 inches curved fork length and cease

fishing once the daily limit of school, large school, or small medium

ABT is attained, except that vessels registered in the NMFS cooperative

tagging program would be authorized to continue catch and release

fishing.

At the 1995 public hearings, many General category permittees

expressed interest in maintaining a ``mixed'' fishery, that is,

alternately targeting large or small ABT depending on weather

conditions and availability of fish. Based on comments received, NMFS

issued final regulations (60 FR 38505, July 27, 1995) that limited

permits to one category per vessel, but that also allowed General and

Charter/Headboat permitted vessels to fish under the Angling category

quota for ABT less than 73 inches.

Since that time, fishery participants have continued to express

concerns in letters, phone calls and at public meetings about

enforcement of General category rules, particularly restricted fishing

days and daily catch limits, in situations where General category

vessel operators could legally continue to fish under the Angling

category rules. In addition, concerns have been raised about NMFS'

ability to monitor the Angling category quota when General category

vessels are included in the sample frame for the telephone and dockside

surveys. The fact that the General and Angling quota categories do not

correspond exactly with the General, Charter/Headboat and Angling

permit categories has led to much confusion on the part of the

regulated public. Often the General category is perceived as a

commercial fishery for giant ABT when in fact there is considerable

overlap with the recreational fishery for school ABT. Of the more than

13,000 General category permittees, only about 1,000 normally land and

sell commercial-size ABT in a given year.

To address these concerns about quota monitoring and effective

effort controls, NMFS again proposes to prohibit the retention of ABT

less than the large medium size class by vessels permitted in the

General category. This would effectively separate the commercial and

recreational fisheries, with the exception of charter/headboats.

Anglers aboard vessels permitted in the Charter/Headboat category could

fish under either the daily Angling category limits or the daily

General category limit as applicable on that day. The size category of

the first ABT retained or possessed would determine the fishing

category of the vessel for that day.

Additionally, NMFS proposes to prohibit all fishing by persons

aboard vessels permitted in the General category on designated ABT

restricted-fishing days. This measure is necessary to monitor and

enforce the General category effort controls but is only practical if

the recreational and commercial categories are separate. Fee-paying

anglers aboard vessels permitted in the Charter/Headboat category could

fish under the Angling category rules on designated restricted-fishing

days.

The proposed requirements for General category vessels would

improve distribution of fishing opportunities, decrease ABT mortality,

facilitate enforcement and increase the effectiveness of the General

category restricted fishing days, and improve the accuracy of catch

estimates for both the Angling and General categories.

Permits and Catch Reporting

Revisions proposed for the Atlantic tunas permit and reporting

program would provide for annual renewals and the collection of fees,

and the authorization for a mandatory reporting

[[Page 9728]]

system for ABT landed under the Angling category.

In recent years, NMFS has received substantial criticism that the

existing telephone and dockside surveys do not result in timely or

accurate catch estimates. Revisions to the permitting and reporting

systems will improve NMFS' ability to monitor the Angling category

catch and effect a fair distribution of fishing opportunities. While

collection of fees and annual renewals are authorized under current

regulations, Atlantic tuna permits are currently provided free of

charge, and have been issued for renewals on a three-year, staggered

basis. Because of the extremely high volume of permit requests, NMFS

previously found it cost-inefficient to collect fees and to implement

an annual renewal system.

Recent changes to automate the permit program, now managed by

private sector contractor, will expedite permit renewals and the

processing of initial applications. Under the new system, reissued tuna

permits would be required for all permit holders, regardless of the

date of expiration indicated on current permits and a fee would be

assessed to recover administrative costs of permit issuance.

Atlantic tunas permits issued by NMFS Northeast Regional Office,

regardless of expiration date printed on the permit would have to be

renewed under the new system in 1997. In addition, all new permit

applications and requests for category changes would be made under the

new system. NMFS has provided advance notice to vessel owners of

proposed procedures to access the new permitting system via letters to

individual permit holders and in notices broadcast over the Highly

Migratory Species FAX network. Additionally, recorded information and

instructions on the proposed new system can be obtained by phone (toll-

free, 1-888-USA-TUNA) or over the internet (http://www.usatuna.com).

Permit fees are established according to the NOAA schedule for

recovery of administrative costs. Such fees, previously authorized but

waived by the NMFS Northeast Regional Office for administrative

reasons, are now necessary to recover the cost of the permit program

contract. The fee for calendar year 1997 would be set at $18.00.

The automated procedures, which include application by telephone or

internet, will reduce the administrative burden on NMFS and the public,

thus annual renewals are feasible. Annual renewals are necessary to

maintain an accurate permit database for the purposes of quota

monitoring and statistical collection.

Systems implemented for the permit program will also accommodate

automated catch reporting. Automated procedures for direct telephone

catch reporting by anglers would be less burdensome yet more timely and

potentially more precise than current survey-based reporting.

Additional reporting procedures may involve catch reports by tagging

fish or using punch cards. NMFS intends to establish a pilot reporting

system in 1997. If selected for this pilot program, anglers would be

notified by mail of applicable reporting procedures. Depending on the

feasibility and cost assessment of the direct reporting pilot study,

the requirements would be expanded, as appropriate, in 1998. Such

improvements in quota monitoring are necessary to meet ICCAT

obligations and domestic management objectives.

Finally, Atlantic tunas permitting requirements would be extended

to require permits when fishing under the provisions for tag and

release. In recent years, situations have arisen where significant

levels of fishing activity occur during closures of the ABT fishery.

Current regulations require that tagging kits be on board the vessel

and that tags be used to qualify anglers for the catch and release

exemption to ABT fishery closures. Requiring vessel permits in addition

to tagging kits recognizes that these situations are in fact directed

fisheries for ABT and will facilitate enforcement of ABT regulations

and collection of catch and effort information.

These proposed permitting and reporting requirements would improve

the quality and quantity of catch information collected for stock

assessments as well as the accuracy of catch estimates for both the

Angling and General categories.

Spotter Aircraft

This proposed rule would prohibit the use of aircraft to assist

fishing vessel operators in the location and capture of ABT, with the

exception of purse seine vessels. NMFS has received numerous comments

that the use of aircraft to locate bluefin tuna is contrary to the

effort controls previously established for the General category and is

accelerating the closure of the Harpoon category. NMFS has, on two

occasions, requested specific comments on ways to mitigate the impact

of aircraft use on catch rates (54 FR 29916, July 17, 1989 and 61 FR

18366, April 25, 1996).

In both cases, NMFS elected not to regulate aircraft use in the

Atlantic tuna fisheries, in part because of concerns about the

enforceability of spotter plane regulations. Additionally, in 1996, a

voluntary agreement was signed by the majority of active tuna spotters

that would limit activity to vessels using harpoon gear. NMFS

recognized that the voluntary agreement warranted a trial period, but

also indicated that the agency would continue to monitor the situation

and would take appropriate action if necessary. Since the fishery

management concerns continue to be expressed, and due to increased

numbers of aircraft and vessels, safety issues are now being raised,

NMFS has reconsidered action to respond to these issues.

NMFS considered combining the Harpoon and General categories as a

means to resolve the catch rate and safety issues. The incentive for

aircraft use would be greatly diminished if all handgear fishermen were

subject to a daily catch limit. However, it is debatable whether the

harpoon fishery, as it has traditionally existed, could continue under

catch limits. Also, aircraft are currently used in the General

category, so it is not clear how aircraft use would adapt to a single

handgear category. On the other hand, fishery participants have

expressed a commitment to self-policing, increasing the likelihood that

a spotter aircraft regulation could be effectively enforced.

Recognizing that self-policing is essential for effective enforcement,

NMFS proposes to prohibit use of aircraft for ABT fishing except for

assisting purse seine vessels. NMFS requests comment on this proposal

and alternative measures to address the fishery management and safety

issues raised by use of aircraft in the ABT fisheries.

Public Hearings

NMFS will hold public hearings to receive comments on these

proposed amendments. These hearings will be scheduled at a later date

and before the end of the comment period. Advanced notice of these

hearings will be published in the Federal Register and via the HMS fax

network, internet worldwide web site (http://www.usatuna.com), and

telephone information hotline (301-713-1279).

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.

[[Page 9729]]

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 certified to the Chief of Advocacy of the Small

Business Administration that this proposed rule, if adopted, will not

have a significant economic impact on a substantial number of small

entities as follows:

The proposed regulatory amendments are necessary to achieve

domestic management objectives. Small businesses should benefit from

measures to extend the fishing season and distribute fishing

opportunities. Permit fees will be $18.00 per year and anglers will

not incur any significant costs to comply with reporting

requirements. Restricted- fishing days should augment total revenues

to the General category due to increased prices from more even

product flow on the export market. Approximately 30 pilots would be

affected by the spotter plane prohibition. Some pilots would

continue to fly for purse seine vessels. Otherwise, since pilots

operate on a catch share basis lost revenue would accrue to fishing

vessel operators. While over 10,000 recreational vessel owners could

be restricted from selling a bluefin tuna, such sales are an

infrequent occurrence. Therefore, it is concluded that these

proposed actions, considered separately or in aggregate, will not

have a significant impact on a substantial number of small entities.

Thus, a regulatory flexibility analysis is not required for these

actions.

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 OMB Control Number.

This proposed rule would implement new collections and restates or

revises existing collection-of-information requirements subject to the

PRA. Atlantic tuna vessel permits required under Sec. 630.4(a) are

approved under OMB Control Number 0648-0202 and are estimated at 30

minutes per permit action. Vessel reporting and recordkeeping

requirements for longline vessels under Sec. 630.5 are currently

approved for swordfish and shark vessels under OMB Control Number 0648-

0016 and are estimated at 15 minutes per logbook entry and 16 minutes

for the attachment of tally sheets. Vessel reporting requirements for

Atlantic tuna vessels permitted in the Angling category as proposed to

be authorized under Sec. 630.5 are currently approved as a voluntary

collection under OMB Control Number 0648-0052 and are estimated at 8

minutes per telephone interview and 5 minutes per dockside interview.

Although permitting and reporting requirements have been approved

by OMB for these fisheries, this rule would modify or extend these

information collections. First, the new permit system would require

reissuance of all vessel permits. NMFS estimates that up to 20,000

permit holders may be affected at an estimated 6 minutes per phone

call. Second, commercial tuna vessel operators, who do not otherwise

submit logbooks under swordfish or shark fishery requirements could be

selected for the pelagic logbook reporting program. Purse seine,

harpoon or handgear vessels could be affected. NMFS would request OMB

approval prior to selecting vessels from these categories. Finally, ABT

catch reporting by recreational anglers would be conducted by direct

phone call rather than by interview. Catch reports are estimated at 5

minutes per toll-free phone call. While automated catch reporting may

reduce the burden to individual respondents, the direct reporting

program, if fully implemented, would increase the number of

respondents. NMFS has requested that OMB review these proposed

modifications to information collections. If implemented, the

effectiveness of these collections will be delayed, pending OMB

approval.

Public comment is sought regarding: whether this proposed

collection of information is necessary for the proper performance of

the functions of the agency, including whether the information has

practical utility; the accuracy of the burden estimate; ways to enhance

the quality, utility, and clarity of the information to be collected;

and ways to minimize the burden of the collection of information,

including through the use of automated collection techniques or other

forms of information technology.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

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. NMFS has since reinitiated consultation on the Atlantic

highly migratory species fisheries under section 7 of the Endangered

Species Act. This consultation will consider new information concerning

the status of the northern right whale. NMFS has determined that

proceeding with this rule, pending completion of that consultation,

will not result in any irreversible and irretrievable commitment of

resources that would have the effect of foreclosing the formulation or

implementation of any reasonable and prudent alternative measures.

List of Subjects in 50 CFR Part 630

Fisheries, Fishing, Penalties, Reporting and recordkeeping

requirements, Treaties.

Dated: February 19, 1997.

Gary C. Matlock,

Acting Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 630 as

proposed to be amended at 61 FR 57361, November 6, 1996, is further

proposed to be amended as follows:

1. The authority citation for part 630 continues to read as

follows:

Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.

2. In Sec. 630.2, definitions for ``aircraft'' and ``restricted-

fishing day'' are added to read as follows:

Sec. 630.2 Definitions.

* * * * *

Aircraft means any contrivance used for flight in air.

* * * * *

Restricted-fishing day means a date, after the commencement date of

the General category fishing season and before the effective date of

fishery closure on attaining the annual quota, designated by the

Director under Sec. 630.29(a)(1)(i) upon which no fishing may be

conducted by persons aboard vessels permitted in the Atlantic tunas

General category.

* * * * *

3. In Sec. 630.4, paragraph (a)(2)(v), the introductory text of

paragraph (c) and paragraphs (c)(1)(i), (c)(1)(iii), (c)(1)(v), and

paragraphs (d), (e), (f), (i) and (k) are revised to read as follows:

Sec. 630.4 Permits and fees.

(a) * * *

(2) * * *

(v) Change of category. Except for purse seine vessels for which a

permit has been issued under paragraph (a)(2)(iv) of this section, an

owner may change the category of the vessel's Atlantic tunas permit to

another category a maximum of once per calendar year by application on

the appropriate form to NMFS before May 15. After May 15, the vessel's

permit category may not be changed to another

[[Page 9730]]

category for the remainder of the calendar year, regardless of any

change in the vessel's ownership.

* * * * *

(c) Application. A vessel owner or dealer applying for a permit

under paragraph (a) or (b) of this section must submit a completed

permit application as indicated in the application instructions at

least 30 days before the date on which the applicant desires to have

the permit made effective.

(1) Vessel permits. (i) Applicants must provide all information

concerning vessel, gear used, fishing areas, and fisheries

participation, including sworn statements relative to income

requirements and permit conditions, as indicated in the instructions on

the application form.

* * * * *

(iii) NMFS may require the applicant to provide documentation

supporting any sworn statements required under this section before a

permit is issued or to substantiate why such permit should not be

revoked or otherwise sanctioned under paragraph (l) of this section.

Such required documentation may include copies of appropriate forms and

schedules from the applicant's income tax return. Copies of income tax

forms and schedules are treated as confidential.

* * * * *

(v) Applicants must also submit any other information that may be

necessary for the issuance or administration of the permit, as

requested by NMFS.

* * * * *

(d) Issuance. (1) Except as provided in subpart D of 15 CFR part

904, a permit shall be issued within 30 days of receipt of a completed

application. An application is complete when all requested forms,

information, sworn statements and supporting documentation have been

received and the applicant has submitted all reports required under

this part.

(2) The applicant will be notified of any deficiency in the

application. If the applicant fails to correct the deficiency within 15

days following the date of notification, the application will be

considered abandoned.

(e) Duration. A permit issued under paragraph (a) or (b) of this

section remains valid until it expires or is suspended, revoked, or

modified pursuant to subpart D of 15 CFR part 904. Permits expire on

the date indicated on the permit or when any of the information

previously submitted on the application changes. Permits must be

renewed upon expiration. Renewal of permits must be initiated at least

30 days before the expiration date to avoid a lapse in validity.

(f) Fees. NMFS may charge a fee to recover the administrative

expenses of permit issuance. The amount of the fee shall be determined,

at least biannually, in accordance with the procedures of the NOAA

Finance Handbook, available from the Director, for determining

administrative costs of each special product or service. The fee may

not exceed such costs and is specified with application or renewal

instructions. The required fee must accompany each application or

renewal. Failure to pay the fee will preclude issuance of the permit.

Payment by a commercial instrument later determined to be

insufficiently funded shall invalidate any permit.

* * * * *

(i) Change in application information. Within 15 days after any

change in the information contained in an application submitted under

paragraph (a) or (b) of this section, the vessel owner or dealer must

report the change by phone (1-888-USA-TUNA) or internet (http://

www.usatuna.com). In such case, a new permit will be issued to

incorporate the new information. For certain informational changes,

NMFS may require supporting documentation before a new permit will be

issued or may require payment of an additional fee. Permittees will be

notified of such requirements, if applicable, when reporting changes.

The permit is void if any change in the information is not reported

within 15 days.

* * * * *

(k) Replacement. Replacement permits will be issued when requested

by the owner or authorized representative. A request for a replacement

permit will not be considered a new application. An appropriate fee,

consistent with paragraph (f) of this section, may be charged for

issuance of the replacement permit.

* * * * *

4. In Sec. 630.5, the first sentence in each of paragraphs (a)(1)

and (2) are revised, and a new paragraph (a)(4) is added to read as

follows:

Sec. 630.5 Recordkeeping and reporting.

(a) Vessels--(1) Logbooks. If selected and so notified in writing

by NMFS, the owner and/or operator of a vessel for which a permit has

been issued under Sec. 630.4(a), must ensure that a daily logbook form

is maintained of the vessel's fishing effort, catch, and disposition on

forms available from the Science and Research Director. * * *

(2) Tally sheets. The owner and/or operator of a vessel for which a

permit has been issued under Sec. 630.4(a), and who is required to

submit a logbook under paragraph (a)(1) of this section, must ensure

that copies of tally sheets are submitted for all fish offloaded and

sold after a fishing trip. * * *

* * * * *

(4) Angling reports. Angling category permittees selected by the

Director are required to report all ABT landed under the Angling

category quota. Permittees will be notified in writing by the Director

of their selection and applicable reporting requirements and

procedures. Reporting procedures shall be established by the Director

in cooperation with the States, and may include telephone, dockside or

mail surveys, mail-in or phone-in reports, tagging programs, or

mandatory ABT check-in stations. A statistically based sample of the

Angling category permittees may be selected for specific reporting

programs.

* * * * *

5. In Sec. 630.21, paragraph (f) is added to read as follows:

Sec. 630.21 Gear restrictions.

* * * * *

(f) Aircraft. Other than for a vessel holding a valid permit in the

Purse Seine category under Sec. 630.4(a)(2), locating, fishing for,

catching, taking, retaining or possessing ABT by means, aid, or use of

any aircraft is prohibited.

6. In Sec. 630.28, paragraphs (b)(5) and (e)(1) are revised to read

as follows:

Sec. 630.28 Quotas and closures.

* * * * *

(b) * * *

(5) Inseason adjustments. NMFS may make transfers between fishing

categories or allocate any portion of the Reserve held for inseason

adjustments to any category of the fishery, or to account for harvest

by persons conducting research activities authorized under

Sec. 630.1(b)(2) in accordance with Sec. 630.32. NMFS will publish

notification of any inseason adjustment amount in the Federal Register.

Before making any such allocation between categories or from the

Reserve, NMFS will consider the following factors:

(i) The usefulness of information obtained from catches of the

particular category of the fishery for biological sampling and

monitoring the status of the stock.

(ii) The catches of the particular gear segment to date and the

likelihood of closure of that segment of the fishery if no allocation

is made.

[[Page 9731]]

(iii) The projected ability of the particular gear segment to

harvest the additional amount of Atlantic bluefin tuna before the

anticipated end of the fishing season.

(iv) The estimated amounts by which quotas established for other

gear segments of the fishery might be exceeded.

* * * * *

(e) Closures--(1) Atlantic bluefin tuna. (i) NMFS will monitor

catch and landing statistics, including catch and landing statistics

from previous years and projections based on those statistics, of

Atlantic bluefin tuna by vessels other than those permitted in the

Purse Seine category. On the basis of these statistics, NMFS will

project a date when the catch of Atlantic bluefin tuna will equal any

quota established under this section, and will file notification with

the Office of the Federal Register stating that fishing for or

retaining Atlantic bluefin tuna under the quota must cease on that date

at a specified hour.

(ii) Upon determining that variations in seasonal distribution,

abundance, or migration patterns of ABT, and the catch rate in one area

may preclude anglers in an another area from a reasonable opportunity

to harvest its historical share of the quota, NMFS may close all or

part of the Angling category or reopen it at a later date, to ensure

that ABT have migrated to the identified area before the entire Angling

category quota is reached. In determining the need for any such

temporary or area closure, NMFS will consider the applicable factors

referenced under Sec. 630.28(b)(5).

* * * * *

7. In Sec. 630.29, paragraph (a)(1)(iv) is removed and paragraphs

(a)(1)(i) and (a)(5) are revised to read as follows:

Sec. 630.29 Catch limits.

(a) Atlantic bluefin tuna--(1) General category. (i) 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. 630.4(a)(2). On designated restricted-fishing

days, persons aboard such vessels may not fish. NMFS will publish in

the Federal Register a schedule of designated restricted-fishing days

applicable for that fishing season.

* * * * *

(5) Charter/Headboat category. (i) Persons aboard vessels for which

a Charter/Headboat category permit has been issued under

Sec. 630.4(a)(2) are subject to the daily catch limit in effect on that

day for school, large school, and small medium ABT applicable to the

Angling category or the daily catch limit in effect on that day for

large medium and giant ABT applicable to the General category. The size

category of the first ABT retained or possessed shall determine the

fishing category applicable to the vessel that day. Persons aboard the

vessel may possess ABT in an amount not to exceed a single day's catch,

regardless of the length of the trip, as allowed by the daily catch

limit in effect on that day for the Angling or General category, as

applicable. School, large school, and small medium ABT landed by

persons aboard Charter/Headboat category vessels are counted against

the Angling category quota. Large medium and giant ABT landed by

persons aboard Charter/Headboat category vessels are counted against

the General category quota if landed under paragraph (a)(5)(ii) of this

section, or the Angling category quota, if landed under paragraph

(a)(5)(iii) or (iv) of this section.

(ii) When commercial fishing by vessels for which General category

permits have been issued under Sec. 630.4(a)(2) is authorized, except

when fishing in the Gulf of Mexico, operators of vessels for which a

Charter/Headboat category permit has been issued under Sec. 630.4(a)(2)

are subject to the daily catch limit in effect for the General category

for large medium or giant Atlantic bluefin tuna as specified in

paragraph (a)(1) of this section. Once the applicable catch limit for

large medium or giant bluefin tuna is possessed or retained on

authorized commercial fishing days, persons aboard vessels for which

Charter/Headboat category permits have been issued under

Sec. 630.4(a)(2) must cease fishing and the vessel must proceed to

port. Large medium or giant ABT landed under this paragraph may be

sold.

(iii) When the General category fishery is closed, except when

fishing in the Gulf of Mexico, operators of vessels for which a

Charter/Headboat category permit has been issued under Sec. 630.4(a)(2)

are subject to the annual vessel limit and reporting requirement for

non-commercial take of large medium or giant Atlantic bluefin tuna as

specified in paragraph (a)(4)(ii) of this section. Once the applicable

catch limit for large medium or giant bluefin tuna is possessed or

retained under the Angling category quota, fishing by persons aboard

Charter/Headboat category vessels must cease and the vessel must

proceed to port.

(iv) At any time when fishing in the Gulf of Mexico, operators of

vessels for which Charter/Headboat category permits have been issued

under Sec. 630.4(a)(2) may not fish for, catch, retain or possess

bluefin tuna except that large medium and giant bluefin tuna taken

incidental to fishing for other species may be retained subject to the

annual vessel limit and reporting requirement for non-commercial take

of large medium or giant Atlantic bluefin tuna as specified in

paragraph (a)(4)(ii) of this section. Once the applicable catch limit

for large medium or giant bluefin tuna is possessed or retained under

the Angling category quota, fishing by persons aboard Charter/Headboat

category vessels must cease and the vessel must proceed to port.

8. In Sec. 630.30, paragraph (a)(1) is revised to read as follows:

Sec. 630.30 Catch and release.

(a) Atlantic bluefin tuna. (1) Notwithstanding other provisions of

this part, a person aboard a vessel permitted under Sec. 630.4(a)(2),

other than a person aboard a vessel permitted in the General category

on a designated restricted-fishing day, may fish for Atlantic bluefin

tuna under a tag and release program, provided the person tags all

Atlantic bluefin tuna so caught with tags issued or approved by NMFS

under this section, and releases and returns such fish to the sea

immediately after tagging and with a minimum of injury. If NMFS-issued

or NMFS-approved tags are not on board a vessel, all persons aboard

that vessel are deemed to be ineligible to fish under the provisions of

this section.

* * * * *

9. In Sec. 630.70, paragraphs (a)(8) and (a)(78) are revised and

paragraphs (a)(101) and (a)(102) are added to read as follows:

Sec. 630.70 Prohibitions.

* * * * *

(8) Fish for, catch, possess, or retain any Atlantic bluefin tuna

less than the large medium size class from a vessel other than one

issued a permit for the Angling or Charter/Headboat categories under

Sec. 630.4(a)(2)(i), or a permit for the Purse Seine category under

Sec. 630.4(a)(2)(i) as authorized under Sec. 630.26(a)(2).

* * * * *

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

excess of the catch limits specified in Sec. 630.29(a), except that

fish may be caught and released under the provisions of Sec. 630.30.

* * * * *

(101) For persons aboard vessels permitted in the General category

under

[[Page 9732]]

Sec. 630.4(a)(2), engage in fishing for any species on designated

restricted-fishing days.

(102) Fish for, catch, possess or retain, or attempt to fish for,

catch, possess or retain any ABT by means, aid, or use of any aircraft,

unless holding a valid permit in the Purse Seine category under

Sec. 630.4(a).

[FR Doc. 97-4587 Filed 2-27-97; 4:45 pm]

BILLING CODE 3510-22-F