Atlantic Tuna Fisheries; Atlantic Bluefin Tuna Annual Quota Specifications and Effort Controls

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 980320071-8128-02; I.D. 012198C]

RIN 0648-AK87

Atlantic Tuna Fisheries; Atlantic Bluefin Tuna Annual Quota

Specifications and Effort Controls

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final specifications; final rule.

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SUMMARY: NMFS announces specifications and amends the regulations for

the Atlantic tuna fisheries to set annual Atlantic bluefin tuna (ABT)

fishing category quotas and General category effort controls. These

specifications and amendments are necessary to implement the 1996

recommendation of the International Commission for the Conservation of

Atlantic Tunas (ICCAT) required by the Atlantic Tunas Convention Act

(ATCA) and to achieve domestic management objectives.

DATES: The final specifications are effective May 15, 1998. The

amendment to 50 CFR 285.22 (a)(3) is effective June 22, 1998.

ADDRESSES: Copies of supporting documents, including a Final

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: Mark Murray-Brown at 978-281-9260; or

Sarah McLaughlin at 301-713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed

under the authority of ATCA. ATCA authorizes the Secretary of Commerce

(Secretary) to issue regulations as may be necessary to carry out the

recommendations of ICCAT. The authority to issue regulations has been

delegated from the Secretary to the Assistant Administrator for

Fisheries, NOAA (AA).

ICCAT has identified the western stock of ABT as overexploited and

recommends fishing quotas for contracting parties. Based on the 1996

revised stock assessment, parties at the 1996 meeting of ICCAT adopted

a recommendation to increase the annual scientific monitoring quota of

ABT in the western Atlantic Ocean from 2,200 metric tons (mt) to 2,354

mt. The share allocated to the United States was increased from 1,306

mt to 1,344 mt to apply each year for the 1997 and 1998 fishing years.

NMFS amended the Atlantic tuna fisheries regulations in 1997 to

implement that ICCAT recommendation as required by ATCA.

Background information and rationale for these specifications were

provided in the preamble to the proposed specifications (63 FR 16220,

April 2, 1998) and are not repeated here. These specifications allocate

the total ICCAT-recommended quota among the several established fishing

categories.

Changes From the Proposed Specifications

Based on recently revised estimates of recreational landings for

1997, NMFS has determined that 4 mt remained unharvested in the Angling

category at the end of 1997. Therefore, the final specifications set

the 1998 Angling category quota at 269 mt and the large school/small

medium subquota at 153 mt, with 81 mt to the northern area and 72 mt to

the southern area. These estimates remain preliminary. Should further

revisions to the 1997 recreational landings estimates require, NMFS

will effect inseason adjustments as necessary.

Based on consideration of comments received during the 30-day

comment period, the following changes are made to the final

specifications. Three additional restricted-fishing days are

established for July in order to extend the fishery for the June-August

time period. In addition, August 1 is substituted for August

2. August 2 had been proposed because it followed

last year's pattern for August (Sundays, Wednesdays, and market-related

days); however, August 1, which is a market-related date, is

preferable.

Based on comments received, a revision is also made to the

regulatory text at 50 CFR part 285. Section 285.22(a)(3) is amended to

allow for more flexible timing of the New York Bight set-aside

allocation, e.g., prior to October. The New York Bight set-aside will

be implemented when it is determined that ABT have migrated to the New

York Bight area and when the coastwide General category is closed.

These changes to the specifications and regulatory text will

improve NMFS' ability to implement the ICCAT recommendation and to

further the management objectives for the Atlantic tuna fisheries.

Fishing Category Quotas

No changes have been made to the baseline quotas established for

1997. However, the ICCAT recommendation allows, and U.S. regulations

require, the addition of any underharvest in 1997 to that same category

for 1998. Therefore, NMFS adjusts the 1998 quotas for the ABT fishery

to account for underharvest in 1997. The ABT fishing category quotas

for the 1998 fishing year are as follows: General category-657 metric

tons (mt); Harpoon category--53 mt; Purse Seine category--250 mt;

Angling category--269 mt; Incidental category--114 mt; and Reserve--52

mt.

The Angling category is subdivided as follows: School ABT--108 mt

(consistent with the ICCAT limitation on annual catch of school ABT to

8 percent by weight of the total annual domestic quota, i.e., 1,344

mt), with 57 mt to the northern area (New Jersey and north) and 51 mt

to the southern area (Delaware and south); large school/small medium

ABT--153 mt, with 81 mt to the northern area and 72 mt to the southern

area; large medium/giant ABT--8 mt, with 3 mt to the northern area and

5 mt to the southern area.

The Incidental category is subdivided as follows: 89 mt to longline

vessels operating south of 34 deg. N. lat.; 24 mt to longline vessels

operating north of 34 deg. N. lat.; and 1 mt to vessels using other

gear authorized for incidental take.

The General category is distributed as follows, based upon

historical catch patterns (1983-96): 60 percent for June-August, 30

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

percentages will be applied only to the adjusted coastwide General

category of 647 mt, with the remaining 10 mt being reserved for the New

York Bight fishery. The New York Bight set-aside area was redefined in

1997 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. Thus, of the 647 mt, 388 mt will be

available in the period beginning June 1 and ending August 31; 194 mt

will be available in the period beginning September 1 and ending

September 30; and 65 mt will be available in the period beginning

October 1 and ending December 31.

When the coastwide General category fishery has been closed in any

quota period, NMFS may publish a notification in the Federal Register

to make available up to 10 mt of the quota set aside for the New York

Bight area.

[[Page 27863]]

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

or giant ABT per vessel per day. Upon the effective date of the set-

aside fishery, fishing for, retaining, or landing large medium or giant

ABT is authorized only within the set-aside area. Any portion of the

set-aside amount not harvested prior to the reopening of the coastwide

General category fishery in the subsequent quota period may be carried

over for the purpose of renewing the set-aside fishery at a later date.

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

closure until the beginning of the following quota period. The subquota

for the following quota period will be adjusted by any underharvest or

overharvest in the previous quota period. Announcements of inseason

closures will be filed with the Office of the Federal Register, stating

the effective date of closure, and will be disseminated by the Highly

Migratory Species (HMS) Fax Network, the Atlantic Tunas 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 Atlantic Tunas Information Line to

check the status of the fishery before leaving for a fishing trip. The

phone numbers for the Atlantic Tunas Information Line are (301) 713-

1279 and (978) 281-9305. Information regarding the Atlantic tuna

fisheries is also available through NextLink Interactive, Inc., at

(888) USA-TUNA.

Restricted-Fishing Days

NMFS has added 3 restricted fishing days in July to the proposed

schedule of restricted fishing days in order to extend the fishery for

the June-August time period. July 8 and 25 are added to coordinate with

Japanese market closure dates and July 19, which is a Sunday on which

higher catch rates are anticipated. Accordingly, 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: July 8, 15, 16, 19, 22, 25, and 29; August 1, 5, 9, 11,

12, 13, 16, 19, 23, 26, and 30; and September 2, 6, 9, 13, 16, 19, 20,

23, 27, and 30. These restricted fishing days will improve distribution

of fishing opportunities without increasing ABT mortality.

Comments and Responses

General Category Quota

Comment: NMFS received several comments that the Reserve does not

need to be increased given NMFS' ability to closely monitor the fishery

and should be allocated to the General category now rather than at the

end of the year, so that the historical ratio of landings before and

after September 1 is preserved. Last year, 70 mt were transferred into

the General category effective October 1. General category fishermen in

the northern New England area feel that this action favored southern

New England fishermen because of the location of ABT in the fall.

Response: To ensure that the United States does not exceed its

quota and for scientific research and monitoring purposes, NMFS is

maintaining the Reserve as proposed (52 mt for 1998).

Harpoon Category Quota

Comment: NMFS received over 100 comments that 15 mt of the Reserve

should be allocated to the Harpoon category at the beginning of the

season. The commenters do not think that it is fair that the General

and Angling categories, which have had their annual quotas increased

through initial allocation and inseason actions, may again receive some

of the Reserve while the Harpoon category has remained at the same

quota level since 1992.

Response: As stated in the 1997 final quota specifications, NMFS

takes into consideration the contribution of each fishing category to

catch-per-unit-effort (CPUE) indices for the purposes of stock

assessment when allocating the quota. Because catch rates are strongly

influenced by weather and sea conditions and many harpooners use

spotter aircraft to assist in the location of ABT, it is difficult to

standardize CPUE from the harpoon fishery. Although Harpoon fishery

data could potentially be incorporated into an index of abundance, such

an index would be less reliable than the existing rod and reel based

index which covers a larger number of years, fishing areas, and size

classes. NMFS is not allocating any additional quota to the Harpoon

category at this time; however, longterm quota allocations are being

considered by the HMS Advisory Panel (HMS AP) during the development of

the fishery management plan (FMP).

Angling Category Quota

Comment: NMFS received several comments from commercial fishermen

to reduce the Angling category quota, which has increased over recent

years even when the quota has been exceeded. Recreational fishermen

requested reallocation of quota from the commercial categories to the

Angling category because of increased participation and the economic

impact on the recreational fishing industry.

Response: Because longterm quota allocations will be addressed by

the HMS AP, no changes are made to the Angling category quota in the

final specifications. Reallocation of quota to or from the Angling

category to or from other categories or the Reserve would require

further environmental and economic analyses due to changes in the size

composition of landings.

Purse Seine Category Quota

Comment: NMFS received several comments, mostly from recreational

fishermen, that the Purse Seine category quota should be reduced (e.g.,

by 50 percent) or eliminated and that the quota be reallocated to the

General and Angling categories.

Some purse seiners submitted comments in support of the status quo,

and some indicated that the quota should return to the pre-1995 level

of 301 mt, although not at the expense of other categories. One

individual commented that NMFS should treat the Purse Seine category

like other categories; overharvest should be deducted from the Reserve

or from the following year's quota, with no additional penalty, and

underharvest should be added to the following year's quota, in

accordance with ICCAT recommendations.

Response: Because longterm quota allocations will be addressed by

the HMS AP, no changes are made to the Purse Seine category quota in

the final specifications. Reallocation of quota to or from the Purse

Seine category to or from other categories or the Reserve would require

further environmental and economic analyses due to changes in the size

composition of landings. NMFS is required to add any underharvest to

the same category for the following year when there is an ICCAT

recommendation to do so.

Incidental Category Quota

Comment: One commenter argued that the late-season transfer of

quota from the Incidental category to other categories should be

returned to the Incidental category. The commenter recognized that,

when this issue was addressed at the January HMS AP meeting, members

supported leaving the transferred quota in the General category for the

1998 fishing season, especially since the Incidental category is not

likely to be filled. The commenter urged NMFS not to set such a

precedent and to address the restrictive catch limits that result in

the inability of longline vessels to meet their quotas.

[[Page 27864]]

Response: The primary issue regarding Incidental category quota

allocation is the recommendation of ICCAT to reduce dead discards of

ABT. This issue will be examined in the coming months as HMS prepares a

proposed rule to implement that ICCAT recommendation. Once such

measures are in place, NMFS may consider the longterm quota needs for

this category. Therefore, NMFS maintains the status quo allocation at

this time.

Time Period Subquotas

Several commenters believe that the 10 percent allocated to the

General category for October should be divided between June-August and

September. Some commenters proposed that the quota be divided as

follows: 25 percent for June, 25 percent for July, 25 percent for

August, and 25 percent for September through December. Other commenters

supported an allocation of 50 percent for June through August, 35

percent for September, and 15 percent for October through December,

plus a 25-mt set-aside for the New York Bight area. They also requested

that NMFS be flexible regarding the opening date of the New York Bight

set-aside fishery; i.e., make the quota available when ABT are present

in the Mud Hole area.

Response: NMFS maintains the status quo time period subquota

breakdown in these final specifications. Longterm effort control issues

will be addressed by the AP in the course of FMP development. In

addition, NMFS maintains the New York Bight set-aside at 10 mt.

However, NMFS amends the regulations in conjunction with these final

specifications to allow for more flexible timing of the New York Bight

set-aside allocation. The 1997 regulations specified that only when the

third period (October through December) General category catch was

projected to have reached 65 mt, would NMFS open the fishery for the

remaining 10 mt of the General category quota for the New York Bight

set-aside. Through this final rule, NMFS amends the regulations in to

allow more flexibility in managing the New York Bight set-aside, by

permitting the implementation of the set-aside earlier than October, if

necessary.

Restricted Fishing Days (RFDs)

Comment: A organization representing General category fishermen

requested additional days for July through October to correspond with

Japanese market closure dates or to enhance General category fishing

opportunities and scientific monitoring by extending the season. Other

commenters felt that RFDs should be scheduled for the first half of

July in the same manner as used for the second half of July. Many

others felt that RFDs do not help increase market prices and are

burdensome to fishermen that could otherwise fish for other species or

take care of other business after the ABT season closes.

Other commenters preferred to have more fishing days with low catch

rates early in the season (June through August) as opposed to only a

few fishing days with high catch rates late in the season. They noted

that a late season fishery (September/October) may be to the detriment

of the northern New England fishery while benefitting the Southern New

England (Cape Cod and Islands) fishery due to migration patterns of ABT

in the fall.

NMFS also received a comment that the General category RFDs should

be implemented for the Harpoon category as well to extend the Harpoon

category season, and some commercial fishermen commented that tagging

and releasing ABT should be allowed on RFDs for scientific monitoring

purposes.

Response: NMFS has added 3 restricted fishing days in July to the

proposed schedule of restricted fishing days in order to extend the

fishery for the June-August time period. July 8 and 25 are added to

coordinate with Japanese market closure dates, and July 19 is added,

which is a Sunday on which higher catch rates are anticipated. In

addition, NMFS is substituting August 1 for August

2. August 2 had been proposed because it followed

last year's pattern for August (Sundays, Wednesdays, and market-related

days); however, August 1, which is a market-related date, is

preferable.

Because the October through December allocation is small, HMS

believes that October RFDs would not appreciably extend the fishery.

Also, weather is unpredictable in the October fishery, and poor sea

conditions may limit participation. Should enough quota be transferred

to the late season fishery to merit RFDs, NMFS could adjust the effort

control calendar with a minimum 3-day notification to fishermen. NMFS

maintains that, for enforcement reasons, all fishing for ABT should be

prohibited on RFDs. At this time, NMFS does not intend to implement

RFDs for the Harpoon category. One of the main purposes of the RFDs is

to extend the season in the General category in order to collect CPUE

data. As the Harpoon category is not used for collecting this type of

information, RFDs are not necessary.

Spotter Aircraft

Comment: Although the use of spotter aircraft was not addressed in

the proposed specifications, NMFS requested further comment on issues

to be considered by the HMS AP for the HMS FMP and to implement future

ICCAT recommendations. Many commenters felt that spotter aircraft use

by vessels permitted in the Harpoon category should be prohibited for

reasons of fairness, safety, and/or enforceability. Most commenters

indicated that aircraft should continue to be used only by Purse Seine

vessels.

Response: NMFS intends to gather more public comments and data, and

would need to conduct further analyses on this issue prior to making

any changes to the regulations. This issue will be considered by the

HMS AP during FMP deliberations.

Other Comments

Angling category season. Mid-Atlantic commenters requested that

NMFS establish ``date-certain'' seasons, whereby the Angling category

fishery in a particular area will be opened at the appropriate time

(when ABT are in the area) for a period of 30 days, at a designated

catch limit. This would improve trip planning for Charter/Headboat

captains.

Angling category geographical areas. There was some support for

moving the north/south boundary from Delaware Bay to off Beach Haven,

New Jersey. Others supported a third zone, intended to increase fishing

opportunities in the Mid-Atlantic region. Others oppose the creation of

a third zone because of the potential monitoring difficulties.

General category set-asides. NMFS received requests from North

Carolina fishermen for a portion of the General category quota to allow

General category and Charter/Headboat category fishermen to land and

sell large medium and giant ABT in the winter months (November-

December). NMFS also received requests for a set-aside for the

Connecticut/Rhode Island/New York area. Many General category

participants have opposed new set-asides, especially for North

Carolina.

General/Angling category separation. Some commenters opposed the

prohibition on recreational fishing by General category permit holders

because the fishery comprises mixed size classes and trip planning is

difficult when vessels are limited to one quota category.

Charter/Headboat catch limits. Some commenters opposed the new

regulation that requires Charter/Headboats to fish under either the

General category or

[[Page 27865]]

Angling category catch limits, based on the size of the first ABT

retained. Some Charter/Headboat constituents found that the restriction

puts undue burden on their daily fishing practices and encourages waste

through discarding or highgrading. NMFS received a suggestion for a

sliding scale of increasing catch limits based on Coast Guard

documented passenger capacity of a Charterboat. This would enable

larger boats to attract business.

Angling category monitoring. Some commenters opposed the coastwide

expansion of the recreational harvest tagging pilot program in North

Carolina and the use of permits to monitor the recreational fishery;

enhancement of the Large Pelagic Survey is preferred.

Gear types. NMFS received several comments from spearfishermen

requesting that they be allowed to spear tunas, specifically ABT. The

requesters stated that they would have a minimal impact on the fishery

due to the small subquota and number of fishermen involved.

Several commenters objected to the prohibition on harpoon gear in

the Charter/Headboat permit category. Some argued that the harpoon is

critical to safely boat an ABT and is currently in widespread use.

Other commenters would like to use harpoons as fishing gear in the

Charter/Headboat category while fishing for large medium, and giant

ABT.

Response: NMFS intends to address the specific issue of Angling

category catch limits and time/area openings and closures during the

season through existing regulatory authority in order to enhance

fishing opportunities for Angling category participants coastwide.

Comments regarding the appropriate distribution will be considered as

NMFS effects inseason adjustments.

Temporal and geographic subdivisions for all categories, quota

monitoring, and modifications of catch limits and gear types are issues

under discussion by NMFS and the HMS AP as a comprehensive HMS FMP is

being developed. Therefore, NMFS will not address these issues in these

final quota and effort control specifications, pending further

consideration and appropriate analyses.

Reminder of Recent Changes for the General and Charter/Headboat

Permit Categories

NMFS published by final rule on June 5, 1997 (62 FR 30741), a

measure that was effective January 1, 1998, prohibiting persons aboard

vessels permitted in the General category from retaining ABT less than

the large medium size class. This action effectively separated the

commercial and recreational fisheries, with the exception of charter/

headboats.

In the same final rule, NMFS specified that anglers aboard vessels

permitted in the Charter/Headboat category may collectively 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 will determine the fishing category of all

persons aboard the vessel and the applicable catch limits for that day.

On 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 Angling category catch limits in effect.

Classification

These final specifications and regulatory amendments are published

under the authority of the ATCA, 16 U.S.C. 971 et seq. The AA has

determined that these specifications and amendments are necessary to

implement the recommendations of ICCAT and are necessary for the

management of the Atlantic tuna fisheries.

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 specifications,

if implemented, would not have a significant economic impact on a

substantial number of small entities. This determination remains valid

for the final specifications/final rule. Therefore, no Regulatory

Flexibility Analysis was prepared.

These quota and effort control specifications impose no

requirements with which fishermen will have to come into compliance,

and are necessary to help ensure that the U.S. actions are consistent

with its international obligations at ICCAT. Therefore, NMFS 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). NMFS will rapidly

communicate these final specifications through the FAX network and NOAA

weather radio.

These final specifications and regulatory amendments have been

determined to be not significant for purposes of E.O. 12866.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties, Reporting and recordkeeping

requirements, Treaties.

Dated: May 15, 1998.

Gary C. Matlock,

Acting 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)(3) is revised to read as follows:

Sec. 285.22 Quotas.

* * * * *

(a) * * *

(3) When the coastwide General category fishery has been closed in

any quota period under paragraph (a)(2) of this section, the Director

may publish a notification in the Federal Register to make available

up to 10 mt of the quota set aside 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. The

daily catch limit for the set-aside area will be one large medium or

giant ABT per vessel per day. Upon the effective date of the set-aside

fishery, fishing for, retaining, or landing large medium or giant ABT

is authorized only within the set-aside area. Any portion of the set-

aside amount not harvested prior to the reopening of the coastwide

General category fishery in the subsequent quota period established

under paragraph (a)(1) of this section may be carried over for the

purpose of renewing the set-aside fishery at a later date.

* * * * *

[FR Doc. 98-13521 Filed 5-18-98; 1:32 pm]

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