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. 980320071-8071-01; 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: Proposed specifications; request for comments.

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SUMMARY: NMFS proposes specifications for the Atlantic tuna fisheries

to: Set annual Atlantic bluefin tuna (ABT) fishing category quotas and

General category effort controls. The proposed specifications are

necessary to implement the 1996 recommendation of the International

Commission for the Conservation of Atlantic Tunas (ICCAT) regarding

fishing quotas for bluefin tuna, as required by the Atlantic Tunas

Convention Act (ATCA), and to achieve domestic management objectives.

NMFS will hold public hearings to receive comments from fishery

participants and other members of the public regarding these proposed

specifications.

DATES: Comments are invited and must be received on or before May 4,

1998.

ADDRESSES: Comments on the proposed specifications 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.

FOR FURTHER INFORMATION CONTACT: Mark Murray-Brown at 978-281-9260;

Sarah McLaughlin at 301-713-2347.

s 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.

FOR FURTHER INFORMATION CONTACT: Mark Murray-Brown at 978-281-9260;

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 1306 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.

These proposed specifications would implement the ICCAT quota

recommendation and allocate the total among the several established

fishing categories. NMFS proposes no changes to the baseline quotas

established for 1997. However, the ICCAT recommendation allows, and

U.S. regulations require, the addition of any

es regulations in 1997 to

implement that ICCAT recommendation as required by ATCA.

These proposed specifications would implement the ICCAT quota

recommendation and allocate the total among the several established

fishing categories. NMFS proposes no changes 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

proposes to adjust the annual quota specifications for the ABT fishery

to account for underharvest in 1997. NMFS would maintain the proposed

annual quota specifications (i.e., the baseline 1997-1998 category

allocations) until further changes are deemed necessary, in order to

achieve domestic management objectives, or in implementing ICCAT

quotas.

NMFS also proposes to maintain the General category quota

subdivisions and restricted-fishing day pattern established in 1997.

Given the carryover quota for the General category, adjustments are

necessary to allocate the carryover across the established subperiods.

Additionally, calendar adjustments are necessary to match restricted-

fishing days with the pattern established in 1997.

Background

The 1992 ABT allocations were established based on historical share

of the U.S. catch for the preceding 10 years (57 FR 2905, July 24,

1992). In 1995, 51 mt were transferred out of the Purse Seine category

quota to account for increased participation in the handgear fisheries

and to provide further data collection opportunities for scientific

monitoring (60 FR 38505, July 27, 1995). In 1997, public comments on

the proposed quota allocations indicated support for increased

allocation to the Angling and General categories based on increased

participation rates and the usefulness of scientific data obtained.

NMFS agreed that the General and Angling category fisheries should be

kept open as long as possible to achieve high survey sampling rates

over the widest possible geographic area

blic comments on

the proposed quota allocations indicated support for increased

allocation to the Angling and General categories based on increased

participation rates and the usefulness of scientific data obtained.

NMFS agreed that the General and Angling category fisheries should be

kept open as long as possible to achieve high survey sampling rates

over the widest possible geographic area. For this reason, NMFS

reallocated the 145 mt that had been in the 1995 Reserve to the Angling

and General categories (62 FR 35107, June 30, 1997). A total of 33 mt

was maintained in the Reserve to allow NMFS to transfer tonnage to keep

fisheries open for the longest period possible without exceeding the

quota set by ICCAT.

In making the 1997 quota allocations, NMFS attempted to balance the

needs for scientific monitoring with enhanced fishing opportunities for

traditional user groups. However, many fishery participants have

continued to express concerns that the allocations and/or tuna

regulations have increased fishing mortality, excluded traditional user

groups from recent ICCAT quota increases, or contributed to increased

regulatory discards. NMFS continues to research alternative management

measures to address these concerns and anticipates further public input

during the course of developing the Highly Migratory Species Fishery

Management Plan utilizing the input of the HMS Advisory Panel.

While FMP development continues, NMFS must take action for the

current year. The 1998 fishery is underway and advance notice of quota

allocations and effort controls is important to fishery participants

for planning purposes. With no new ICCAT recommendation on western ABT

quotas at the 1997 meeting, extensive public comment during rulemaking

in 1997, and no new, specific information arising that would cause NMFS

to alter current allocations and General category effort controls, NMFS

proposes to maintain the status quo for quota specifications and effort

controls as established in 1997.

nts

for planning purposes. With no new ICCAT recommendation on western ABT

quotas at the 1997 meeting, extensive public comment during rulemaking

in 1997, and no new, specific information arising that would cause NMFS

to alter current allocations and General category effort controls, NMFS

proposes to maintain the status quo for quota specifications and effort

controls as established in 1997.

HMS Advisory Panel

In accordance with the Magnuson-Stevens Fishery Conservation and

Management Act, NMFS created the Highly Migratory Species Advisory

Panel (HMS AP), required by law to be of balanced representation, to

assist in the development of an HMS FMP to implement measures designed

to rebuild stocks of all Atlantic HMS. NMFS held 21 public scoping

meetings throughout the Atlantic, Gulf of Mexico, and Caribbean regions

to solicit public input on these fisheries, particularly on existing

management measures and on what the U.S. long-term strategy should be

both nationally and internationally in managing these species. At its

second meeting on January 11 and 12, 1998, the HMS AP considered the

scoping comments, and long-term allocation and effort control issues

for ABT, including: Quota reallocation, reduced catch of small fish,

limited access, additional set-asides for the General category for

Connecticut/Rhode Island/New York and for North Carolina, realignment

of Angling category areas, the use of spotter aircraft, North Carolina

fishery quotas, and readjusting boundaries for geographic subquotas.

These issues are important for consideration in FMP development;

however, because the required analyses are still under development,

NMFS is not proposing any modifications based on these issues. The HMS

AP and NMFS will continue deliberations on these issues in the context

of addressing overfishing and developing the FMP. NMFS encourages

further public comment on issues to be considered by the HMS AP for the

HMS FMP and to implement future ICCAT recommendations

r, because the required analyses are still under development,

NMFS is not proposing any modifications based on these issues. The HMS

AP and NMFS will continue deliberations on these issues in the context

of addressing overfishing and developing the FMP. NMFS encourages

further public comment on issues to be considered by the HMS AP for the

HMS FMP and to implement future ICCAT recommendations.

While there was no clear consensus on allocation and effort

controls during the scoping process and AP meeting, there was some

support for the status quo. Even with the proposed continuation of the

1997 management program, some of the concerns raised at the scoping and

AP meetings could still be addressed through inseason actions: Catch

limit adjustments, transfer from the Reserve or between categories, and

interim closures of the Angling category.

Proposed Fishing Category Quotas

On June 30, 1997 (62 FR 35107), NMFS issued the regulations that

implemented the ICCAT recommendation for 1997 and 1998. ICCAT's

recommendations for the 1997-98 quota shares included the

recommendation that any unused quota or overage in 1997 may be added or

subtracted, as appropriate, from the 1998 quota. Fishing category

quotas for ABT are established at 50 CFR 285.22. Under Sec. 285.22(h),

the AA is authorized to adjust annual categories or subcategories based

on landing statistics and other available information and subtract

overharvest from or add underharvest to that category for the following

year, provided that the total of the adjusted quotas and the reserve is

consistent with ICCAT recommendations.

At the end of 1997, the following subquotas had not been harvested:

19 mt in the Reserve, 4 mt in the Incidental category, 24 mt in the

General category, and 12 mt in the Angling category. NMFS proposes that

no changes be made to the baseline quotas established for 1997, and

that underharvest from 1997 be added to the respective quota

categories

rve is

consistent with ICCAT recommendations.

At the end of 1997, the following subquotas had not been harvested:

19 mt in the Reserve, 4 mt in the Incidental category, 24 mt in the

General category, and 12 mt in the Angling category. NMFS proposes that

no changes be made to the baseline quotas established for 1997, and

that underharvest from 1997 be added to the respective quota

categories. Therefore, the proposed specifications would set the

Reserve at 52 mt, would maintain the Purse Seine category quota at 250

mt, would increase the Incidental category quota to 114 mt, would

increase the General category quota to 657 mt, would maintain the

Harpoon category quota at 53 mt, and would increase the Angling

category quota to 277 mt.

NMFS proposes to subdivide the Angling category quota of 277 mt as

follows: School bluefin--108 mt (consistent with the ICCAT limitation

on annual catch of school bluefin 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 bluefin--161 mt, with 85 mt to the

northern area and 76 mt to the southern area; large medium/giant

bluefin--8 mt, with 3 mt to the northern area and 5 mt to the southern

area.

Incidental Category

NMFS proposes that the adjusted Incidental category quota of 114 mt

be 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 fishermen using other gear authorized for

incidental take.

Proposed General Category Quota Subdivision

rn area and 5 mt to the southern

area.

Incidental Category

NMFS proposes that the adjusted Incidental category quota of 114 mt

be 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 fishermen using other gear authorized for

incidental take.

Proposed General Category Quota Subdivision

In the last three years, NMFS has implemented General category 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.

As in 1997, NMFS proposes three General category subquotas, based

upon historical catch patterns (1983-96), distributed as follows: 60

percent for June-August, 30 percent for September, and 10 percent for

October-December. These percentages would 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 in October. Thus, of the

647 mt, 388 mt would be available in the period beginning June 1 and

ending August 31, 194 mt would be available in the period beginning

September 1 and ending September 30, and 65 mt would be available in

the period beginning October 1 and ending December 31.

When the October through December General category catch is

projected to have reached 65 mt, NMFS would set aside the remaining 10

mt of the General category quota 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 would be prohibited in all waters

outside the set-aside area

nd ending December 31.

When the October through December General category catch is

projected to have reached 65 mt, NMFS would set aside the remaining 10

mt of the General category quota 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 would be prohibited in all waters

outside the set-aside area. 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.

Attainment of the 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. Announcements of inseason closures would 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 Atlantic Tunas Information Line, NOAA weather radio, and

Coast Guard Notice to Mariners. Although notification of closure would

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.

Proposed Restricted-Fishing Days

e, 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.

Proposed Restricted-Fishing Days

In 1997, NMFS implemented restricted-fishing days for July and

August based on proposals received from three associations representing

General category fishermen and dealers and, after receiving numerous

comments on the need to lengthen the General category fishery,

implemented additional restricted-fishing days for September. NMFS

proposes a schedule of restricted-fishing days similar to that of 1997,

making the necessary calendar adjustments to coordinate with Japanese

market holidays. Persons aboard vessels permitted in the General

category would be prohibited from fishing (including tag and release

fishing) for ABT of all sizes on the following days: July 15, 16, 22,

and 29; August 2, 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 proposed

restricted-fishing days would improve distribution of fishing

opportunities without increasing ABT mortality.

A 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

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.

Public Hearings

NMFS will hold public hearings to receive comments on these

proposed specifications. 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 will be

announced via the HMS Fax Network.

Classification

These proposed specifications are published under the authority of

the ATCA, 16 U.S.C. 971 et seq. Preliminarily, the AA has determined

that these specifications are necessary to implement the

recommendations of ICCAT and are necessary for management of the

Atlantic tuna fisheries.

NMFS prepared a draft EA for these proposed specifications 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 specifications,

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

substantial number of small entities as follows:

h 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. The biological opinion was amended August 29, 1997 by the

identification of a reasonable and prudent alternative regarding the

driftnet component of the swordfish and tuna fisheries, and therefore

is not relevant to the Atlantic bluefin tuna fishery. NMFS has

determined that proceeding with these proposed specifications 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. These proposed

specifications would implement effort controls (time period quotas and

restricted-fishing days) and implement a domestic quota equal to that

of 1997, with minor quota adjustments to individual category quotas to

account for underharvest in 1997, and therefore would not likely

increase fishing effort nor shift activities to new fishing areas.

Therefore, the proposed specifications are not expected to increase

endangered species or marine mammal interaction rates.

Dated: March 27, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 98-8596 Filed 4-1-98; 8:45 am]

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