Atlantic Tuna Fisheries; Atlantic Bluefin Tuna Effort Controls

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 970626157-7157-01; 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: Proposed rule; public hearings; request for comments.

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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic

tuna fisheries to set Atlantic bluefin tuna (ABT) General category

effort controls for the 1997 fishing year. The proposed regulatory

amendments are necessary to achieve domestic management objectives.

NMFS will hold public hearings to receive comments from fishery

participants and other members of the public regarding these proposed

amendments.

DATES: Comments are invited and must be received on or before July 17,

1997. The hearings are scheduled as follows:

1. Tuesday, July 8, 1997, 7 to 10 p.m., Plymouth, MA.

2. Wednesday, July 9, 1997, 7 to 10 p.m., Brunswick, ME.

3. Wednesday, July 9, 1997, 7 to 9 p.m., Silver Spring, MD.

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

of supporting documents, including a Draft Environmental Assessment-

Regulatory Impact Review (EA/RIR), are available from, Rebecca Lent,

Chief, Highly Migratory Species Management Division, Office of

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

Spring, MD 20910-3282.

The hearing locations are:

1. Plymouth--Plymouth North High School, Obery Street, Plymouth, MA

02360.

2. Brunswick--Atrium Inn and Conference Center, Cooks Corner,

Brunswick, ME 04011.

3. Silver Spring--Holiday Inn, 8777 Georgia Avenue, Silver Spring,

MD 20910.

These public hearings are physically accessible to people with

disabilities. Requests for sign language interpretation or other

auxiliary aids should be directed to Rebecca Lent by July 3, 1997.

ol, Obery Street, Plymouth, MA

02360.

2. Brunswick--Atrium Inn and Conference Center, Cooks Corner,

Brunswick, ME 04011.

3. Silver Spring--Holiday Inn, 8777 Georgia Avenue, Silver Spring,

MD 20910.

These public hearings are physically accessible to people with

disabilities. Requests for sign language interpretation or other

auxiliary aids should be directed to Rebecca Lent by July 3, 1997.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, or Mark

Murray-Brown, 508-281-9260.

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 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 carry out ICCAT recommendations has been

delegated from the Secretary to the Assistant Administrator for

Fisheries, NOAA (AA).

Relation to Advance Notice of Proposed Rulemaking (ANPR)

These proposed amendments address in part comments submitted to

NMFS in response to an ANPR (61 FR 48876, September 17, 1996). In the

ANPR, NMFS requested comment on measures necessary to implement quota

modifications and/or any other management recommendations for Atlantic

tunas following the 1996 meeting of ICCAT. As stated in the ANPR, NMFS

is required under ATCA to establish ABT quotas consistent with the

recommendations of ICCAT. Under this legislative requirement,

allocation of the U.S. ABT quota has been designed to collect the

scientific information necessary to monitor the status of the ABT

resource and, consistent with this, to achieve an equitable

distribution of fishing opportunities to all fishing categories and all

geographic areas.

The ANPR established a 30-day comment period during which NMFS

received numerous comments on General category effort controls

the U.S. ABT quota has been designed to collect the

scientific information necessary to monitor the status of the ABT

resource and, consistent with this, to achieve an equitable

distribution of fishing opportunities to all fishing categories and all

geographic areas.

The ANPR established a 30-day comment period during which NMFS

received numerous comments on General category effort controls.

In the 1995 and 1996 General category fishery, NMFS implemented

time-period subquotas and restricted fishing days to increase the

likelihood that fishing would continue throughout the summer and fall

for scientific monitoring purposes. These subquotas also were designed

to address concerns regarding allocation of fishing opportunities, to

allow for a late season fishery, and to improve market conditions. Due

to delayed effectiveness, monthly quotas were not fully implemented in

1995. In order to evaluate fully the potential of an effort control

system using monthly quotas and restricted fishing days, the program

was reinitiated for the entire 1996 General category season. Results

were mixed; quota was available for the General category to remain open

later in the season, but only for a few days, and under ``derby''

fishing conditions (high

effort and landings concentrated in a short time period).

Based on the experience of the 1995 and 1996 seasons, NMFS has

received several suggestions regarding the 1997 ABT General category

season. Some constituents have requested a split season, with a certain

percentage of the quota reserved for after September 1. Other

constituents have argued against a split season, stating that the

fishery should open June 1, and continue to be open each day until the

entire General category quota is harvested. NMFS has also received many

suggestions regarding the use of restricted fishing days. The

suggestions have ranged from eliminating restricted fishing days

entirely, to having every other day a restricted fishing day

hery in October. Thus, of the 623 mt total, 374

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

31 (first period), 187 mt would be available in the period beginning

September 1 and ending September 30 (second period), and 72 mt

(including the 10 mt for the New York Bight fishery) would be available

in the period beginning October 1 and ending December 31 (third

period). When the third 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 subquota in any fishing period would result in a

closure until the beginning of the following fishing period, whereupon

any underharvest or overharvest would be carried over to the following

period, with the subquota for the following period adjusted

accordingly. Inseason closures would be filed with the Office of the

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

through the Highly Migratory Species (HMS) Fax Network, the HMS

Information Line, NOAA weather radio, and Coast Guard Notice to

Mariners. Although notice 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

ly Migratory Species (HMS) Fax Network, the HMS

Information Line, NOAA weather radio, and Coast Guard Notice to

Mariners. Although notice 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 has most recently been defined 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. In recent years NMFS

has received comments on the definition of the New York Bight area and

on the need for a southern boundary to the New York Bight area in order

to limit end-of-the-season General category fishing activity to the Mud

Hole region. In 1995, NMFS addressed concerns about participation in

the Mud Hole fishery by Montauk vessels and defined the set-aside area

to originate at Shinnecock Inlet, as opposed to Moriches Inlet in prior

years. NMFS requests comment on the definition of the New York Bight

area, the need for a southern boundary, and the specific placement of

the boundary line should it be established.

Proposed Effort Controls

S addressed concerns about participation in

the Mud Hole fishery by Montauk vessels and defined the set-aside area

to originate at Shinnecock Inlet, as opposed to Moriches Inlet in prior

years. NMFS requests comment on the definition of the New York Bight

area, the need for a southern boundary, and the specific placement of

the boundary line should it be established.

Proposed Effort Controls

NMFS also proposes to change the 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. Consecutive restricted fishing days in 1995 and 1996 did not

appear to lengthen the fishing season significantly. Additionally,

while there may be market advantages to a system in which every other

day is a restricted fishing day, such a schedule could result in

enforcement problems, as well as possible difficulties for fishermen

who would be forced to return to port each day. Therefore, after

evaluating proposals received from associations representing General

category fishermen and dealers for mutually agreeable restricted

fishing days, NMFS proposes the following restricted fishing days for

the 1997 season: July 16, 17, 23, and 30; and August 6, 10, 11, 12, 17,

20, 24, and 27. These proposed restricted fishing days would improve

distribution of fishing opportunities without increasing ABT mortality.

In a separate action, NMFS has prohibited fishing (including tag

and release fishing) for ABT of all sizes by persons aboard vessels

permitted in the General category on designated ABT restricted fishing

days (62 FR 30741, June 5, 1997). Persons aboard vessels permitted in

the Charter/Headboat category may fish for only school, large school,

and small medium ABT on designated restricted fishing days.

Classification

FS has prohibited fishing (including tag

and release fishing) for ABT of all sizes by persons aboard vessels

permitted in the General category on designated ABT restricted fishing

days (62 FR 30741, June 5, 1997). Persons aboard vessels permitted in

the Charter/Headboat category may fish for only school, large school,

and small medium ABT on designated restricted fishing days.

Classification

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

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

regulations contained in this proposed rule are necessary for

management of the Atlantic tuna fisheries.

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

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

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

impact. The Assistant General Counsel for Legislation and Regulation of

the Department of Commerce has certified to the Chief Counsel for

Advocacy of the Small Business Administration that the proposed rule,

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.

NMFS reinitiated consultation on the Atlantic tuna fishery under

section 7 of the Endangered Species Act on September 25, 1996. This

consultation considered new information concerning the status of the

northern right whale. On May 29, 1997, NMFS issued a

Regulatory Flexibility Analysis was not prepared.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

NMFS reinitiated consultation on the Atlantic tuna fishery under

section 7 of the Endangered Species Act on September 25, 1996. This

consultation considered new information concerning the status of the

northern right whale. On May 29, 1997, NMFS issued a

biological opinion, which concluded that: Continued operation of the

longline and purse seine component may adversely affect but is not

likely to jeopardize the continued existence of any endangered or

threatened species under NMFS jurisdiction, and 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. NMFS has determined that proceeding with this proposed

rule would 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 to

reduce adverse impacts on protected resources. This proposed rule

implements restricted fishing days and therefore would not likely

increase fishing effort nor shift activities to new fishing areas.

Therefore, the proposed rule is not expected to increase endangered

species or marine mammal interaction rates.

Dated: June 30, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

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

proposed to be amended as follows:

PART 285--ATLANTIC TUNA FISHERIES

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

follows:

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

2. In Sec. 285.22, paragraph (a)(1) is revised to read as follows:

Sec. 285.22 Quotas.

* * * * *

nistrator for Fisheries, National Marine Fisheries

Service.

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

proposed to be amended as follows:

PART 285--ATLANTIC TUNA FISHERIES

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

follows:

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

2. In Sec. 285.22, paragraph (a)(1) is 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, 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. 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; and August 6, 10, 11, 12, 17, 20, 24, and 27.

* * * * *

[FR Doc. 97-17534 Filed 6-30-97; 4:55 pm]

BILLING CODE 3510-22-F