Atlantic Highly Migratory Species Fisheries; Fishery Management Plan; Atlantic Bluefin Tuna Fishery

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 990217050-9050-01; I.D. 010799A]

RIN 0648-AM17

Atlantic Highly Migratory Species Fisheries; Fishery Management

Plan; Atlantic Bluefin Tuna Fishery

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability and proposed rule; supplemental.

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SUMMARY: NMFS by an earlier document proposed regulations to implement

the draft Fishery Management Plan (FMP) for Atlantic Tunas, Swordfish,

and Sharks (Highly Migratory Species or HMS). NMFS has prepared an

addendum to the draft HMS FMP (the Addendum). This document announces

the availability of the Addendum for public comment and supplements the

earlier document by proposing supplemental regulations to implement the

Addendum. The supplemental

proposed regulations would set Atlantic bluefin tuna (BFT) fishing

category quotas for 1999 and subsequent years, close an area off the

New England and mid-Atlantic coast to pelagic longline gear to reduce

BFT incidental catch, provide quota adjustment procedures to limit

catch of school BFT and to account for dead discards of BFT, and

clarify the mandatory nature of certain scientific information

collections. In addition, this document proposes BFT General category

effort control specifications for the 1999 fishing season. The

supplement to the earlier document is necessary to implement the 1998

recommendations of the International Commission for the Conservation of

Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention

Act (ATCA), and to achieve domestic fishery management objectives under

the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-

Stevens Act).

DATES: Comments must be submitted on or before March 4, 1999.

is necessary to implement the 1998

recommendations of the International Commission for the Conservation of

Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention

Act (ATCA), and to achieve domestic fishery management objectives under

the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-

Stevens Act).

DATES: Comments must be submitted on or before March 4, 1999.

ADDRESSES: For copies of the draft HMS FMP, the proposed regulations to

implement the draft HMS FMP, the draft HMS FMP Addendum, or the

schedule of public hearings, write to Rebecca Lent, Chief, Highly

Migratory Species Management Division, Office of Sustainable Fisheries

(F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3282,

(301) 713-2347. Send comments regarding the burden-hour estimates or

other aspects of the collection-of-information aspects of the

supplemental proposed regulations to Rebecca Lent and to the Office of

Regulatory Affairs, Office of Management and Budget, Washington, DC

20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Pasquale Scida or Sarah McLaughlin,

(978) 281-9260, or Chris Rogers at (301) 713-2347.

SUPPLEMENTARY INFORMATION: On October 26, 1998, NMFS announced the

availability of the draft HMS FMP (63 FR 57093). Information regarding

the management of HMS under the draft HMS FMP was provided in the

preamble to the proposed regulations to implement that FMP (64 FR 3154,

January 20, 1999) and is not repeated here.

NMFS did not identify a preferred alternative for BFT stock

rebuilding in the draft HMS FMP because new information on stock status

and/or recovery trajectories from the September 1998 stock assessment

by the Standing Committee on Research and Statistics (SCRS), as well as

the results of negotiations at the November 1998 ICCAT meeting, was not

available at the time, and, if it had been available, it could have

resulted in the development of new rebuilding alternatives for the BFT

stock

use new information on stock status

and/or recovery trajectories from the September 1998 stock assessment

by the Standing Committee on Research and Statistics (SCRS), as well as

the results of negotiations at the November 1998 ICCAT meeting, was not

available at the time, and, if it had been available, it could have

resulted in the development of new rebuilding alternatives for the BFT

stock. NMFS had indicated that the preferred alternative for western

Atlantic BFT rebuilding would be identified following the November 1998

ICCAT meeting, that the preferred alternative and associated analyses

would be published as an Addendum to the draft HMS FMP, and that

proposed measures to implement the preferred rebuilding alternative

would be published in a supplement to the proposed rule.

The Addendum contains only alternatives and updated information for

BFT; it specifically covers BFT rebuilding, domestic allocations, quota

adjustment procedures and measures to reduce dead discards of BFT. This

supplement to the proposed regulations would implement the rebuilding

and bycatch reduction measures of the FMP Addendum. Additionally, this

rule proposes BFT General category effort controls for the 1999 fishing

season and clarifies mandatory data collection requirements. Comments

on this supplement to the proposed regulations will be received at

hearings previously scheduled to receive public comment on the proposed

regulations to implement the draft HMS FMP, announced in the Federal

Register on January 22, 1999 (64 FR 3486).

Bluefin Tuna Rebuilding Program

U.S. portion of

this allowance is 68 mt.

The preamble to the proposed regulations to implement the draft HMS

FMP describes ongoing and proposed efforts to minimize, to the extent

practicable, bycatch and bycatch mortality of protected species and

finfish in HMS fisheries. Specifically for BFT, NMFS has analyzed

existing databases and examined several alternatives to reduce BFT dead

discards. Preliminary results of these analyses have been shared with

the public and at meetings of the HMS Advisory Panel throughout 1998.

In general, the public has been supportive of NMFS' efforts to reduce

BFT dead discards and has suggested various alternatives to effect

reduction.

One of the findings of the analyses is that there is no

statistically significant relationship between the level of target

catch and the level of BFT bycatch. Although there has been extensive

public comment in support of changes to target catch requirements (thus

increasing landings of incidental catch), NMFS has no basis to conclude

that such changes would also result in reducing BFT dead discards.

However, the analyses did show that the majority of the dead discards

occur in a limited area over a relatively short time period and

primarily from the use of pelagic longline gear.

In order to provide the greatest reduction in discards while

minimizing the negative impact to targeted fishing activities, NMFS

proposes to implement the preferred alternative: the closure of a

4 deg. x 4 deg. area (57,000 square nautical miles), from

37o to 41o N. lat. and from 70o to

74o W. long., for the month of June, to pelagic longline

gear. Based on BFT catch and discard rates from 1992 to 1997, it is

estimated that closure of this area (the Northeastern United States

closed area) would reduce total discards (alive and dead) of BFT by

approximately 60 percent.

Although certain negative impacts would be expected, displacement

of vessels to other areas during June may mitigate these impacts to

some extent

pelagic longline

gear. Based on BFT catch and discard rates from 1992 to 1997, it is

estimated that closure of this area (the Northeastern United States

closed area) would reduce total discards (alive and dead) of BFT by

approximately 60 percent.

Although certain negative impacts would be expected, displacement

of vessels to other areas during June may mitigate these impacts to

some extent. Longline vessels operating outside the closed area would

still be able to catch the annual swordfish quota and could use

longline gear to target tunas other than BFT. Also, longline vessels

would still be allowed to transit the closed area during June provided

that their gear is stowed in accordance with the proposed regulations.

A separate NMFS proposal for vessel monitoring systems, if implemented,

would also enhance the

enforceability of the time-area closure while still allowing transit.

Once implemented, NMFS would evaluate the efficacy of this closure

in reducing BFT dead discards, given the distribution of BFT and

expected redistribution of fishing effort. Further, NMFS would monitor

impacts to the users of pelagic longline gear to determine what, if

any, future action or modifications to the proposed time/area closure

may be necessary. Such actions could be accomplished by regulatory

amendment under the framework procedures of the HMS FMP.

Domestic Quota Allocation

In the proposed regulations to implement the draft HMS FMP, NMFS

proposed no changes to the baseline quotas previously established,

except that the Purse Seine category quota be no greater than the 1998

level set at 250 mt. Under this proposal, NMFS would maintain the

baseline annual quota specifications (i.e., percentage allocations to

each fishing category) until further changes are deemed necessary,

either to achieve domestic management objectives or to implement new

ICCAT rebuilding recommendations

ously established,

except that the Purse Seine category quota be no greater than the 1998

level set at 250 mt. Under this proposal, NMFS would maintain the

baseline annual quota specifications (i.e., percentage allocations to

each fishing category) until further changes are deemed necessary,

either to achieve domestic management objectives or to implement new

ICCAT rebuilding recommendations.

Given the current ICCAT recommendation on rebuilding BFT, NMFS

proposes to specify fishing category allocations consistent with the

previously proposed allocation scheme and the 1387 mt U.S. allocation.

In specifying the 1999 BFT allocations, however, NMFS must also

consider carryover adjustments from the 1998 fishing year, new

provisions for the discard allowance and limitations on school BFT

catch, and additional adjustments to accommodate the establishment of

the proposed new fishing year.

The current ICCAT BFT quota recommendation allows, and U.S.

regulations require, the addition or subtraction, as appropriate, of

any underharvest or overharvest in a fishing year to the appropriate

quota category for the following fishing year, provided that such

carryover does not result in overharvest of the total annual quota and

is consistent with all applicable ICCAT recommendations, including

restrictions on catch of school BFT. Therefore, NMFS proposes to adjust

the 1999 annual quota specifications for the BFT fishery to account for

underharvest and overharvest in 1998. At the end of 1998, the following

subquotas had not been harvested: 1 mt in the General category, 2 mt in

the Purse Seine category, 67 mt in the Angling category, and 26 mt in

the Incidental category; and additionally, 15 mt remained in the

Reserve.

In the proposed regulations to implement the draft HMS FMP, NMFS

proposed an adjusted fishing year for Atlantic tunas of June 1 through

May 31 of the subsequent calendar year. Therefore, a separate quota

would be necessary for the bridge period of January 1-May 31, 1999

gory, 67 mt in the Angling category, and 26 mt in

the Incidental category; and additionally, 15 mt remained in the

Reserve.

In the proposed regulations to implement the draft HMS FMP, NMFS

proposed an adjusted fishing year for Atlantic tunas of June 1 through

May 31 of the subsequent calendar year. Therefore, a separate quota

would be necessary for the bridge period of January 1-May 31, 1999.

Additionally, NMFS proposed to reorganize the Incidental quota category

into a Longline category and a Trap category (for pound nets and fish

weirs). Through this supplement to the proposed rule, NMFS proposes to

use the 1998 underharvest from the Angling and Incidental categories

for the bridge period, a time period in which only the Angling,

Longline, and Trap categories are open. Note that the reorganization of

the Incidental category into the Longline and Trap categories will not

take effect until the HMS FMP and implementing regulations are

finalized. Any underharvest from the bridge period would be added to

the annual quota for the adjusted 1999 fishing year, beginning June 1.

NMFS proposes to subdivide the Angling category bridge period quota

of 79 mt as follows: Large school/small medium bluefin--75 mt, with 16

mt to the northern area and 59 mt to the southern area; and large

medium/giant bluefin--4 mt, allocated entirely to the southern area

given the likely distribution of large BFT during the proposed bridge

period.

NMFS proposes to subdivide the Longline category bridge period

quota of 26 mt as follows: 1 mt to longline vessels operating north of

34 deg. N. lat. and 25 mt to longline vessels operating south of

34 deg. N. lat. Because the Incidental category subquota for gear other

than longlines was fully harvested in 1998, no bridge period allocation

would be made to the proposed Trap category.

For fishing years beginning June 1, 1999, NMFS would make the

annual quota of 1,387 mt available

1 mt to longline vessels operating north of

34 deg. N. lat. and 25 mt to longline vessels operating south of

34 deg. N. lat. Because the Incidental category subquota for gear other

than longlines was fully harvested in 1998, no bridge period allocation

would be made to the proposed Trap category.

For fishing years beginning June 1, 1999, NMFS would make the

annual quota of 1,387 mt available. The proposed specifications for

1999 and beyond would set the General category quota at 653 mt, the

Harpoon category quota at 54 mt, the Purse Seine category quota at 250

mt, the Angling category quota at 273 mt, the Longline category quota

at 113 mt, the Trap category at 1 mt, and the Reserve at 43 mt.

In the proposed regulations to implement the draft HMS FMP, NMFS

proposed geographic subdivision of the Angling and Longline category

allocations as percentages of the respective category quotas based on

historical catches reported for the respective fishing areas.

Additionally, NMFS proposed to establish a separate reserve allocation

for school BFT within the Angling category to ensure consistency with

the ICCAT recommendation to limit the take of school BFT. Taking these

proposals into account, the Angling category quota of 273 mt would be

divided as follows: School bluefin--111 mt (8 percent of the annual

1,387 mt), with 48 mt to the northern area (New Jersey and north), 42

mt to the southern area (Delaware and south), and 21 mt held in

reserve; large school/small medium bluefin--156 mt, with 83 mt to the

northern area and 73 mt to the southern area; and large medium/giant

bluefin--6 mt, with 2 mt to the northern area and 4 mt to the southern

area. Likewise, the annual Longline category quota of 113 mt would be

subdivided as follows: 24 mt to longline vessels operating north of

34 deg. N. lat. and 89 mt to longline vessels operating south of

34 deg. N. lat

m bluefin--156 mt, with 83 mt to the

northern area and 73 mt to the southern area; and large medium/giant

bluefin--6 mt, with 2 mt to the northern area and 4 mt to the southern

area. Likewise, the annual Longline category quota of 113 mt would be

subdivided as follows: 24 mt to longline vessels operating north of

34 deg. N. lat. and 89 mt to longline vessels operating south of

34 deg. N. lat.

Given the above baseline allocations and accounting for overharvest

or underharvest in the General, Purse Seine, and Angling categories in

1998, the adjusted quotas for the 1999 fishing year would be as

follows: 654 mt for the General category; 252 mt for the Purse Seine

category; and 99 mt for the Angling category school BFT subquota (with

43 mt to the northern area, 38 mt to the southern area, and 18 mt held

in reserve).

General Category Effort Controls

In the last 4 years, NMFS has implemented General category time

period subquotas and restricted fishing days (RFDs) to increase the

likelihood that fishing would continue throughout the summer and fall

for scientific monitoring purposes. The subquotas were also designed to

address concerns regarding allocation of fishing opportunities, to

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

In the proposed regulations to implement the draft HMS FMP, NMFS

proposed to maintain the General category quota subdivisions as

established for 1998, as follows: 60 percent for June-August, 30

percent for September, and 10 percent for October-December. Given the

carryover quota for the General category, adjustments are necessary to

allocate the carryover across the established subperiods.

These percentages would be applied only to the new coastwide

baseline quota for the General category of 643 mt, with the remaining

10 mt being reserved for the New York Bight fishery. Thus, of the 643

mt baseline General category quota, 386 mt would be available in the

period beginning June 1 and ending

y, adjustments are necessary to

allocate the carryover across the established subperiods.

These percentages would be applied only to the new coastwide

baseline quota for the General category of 643 mt, with the remaining

10 mt being reserved for the New York Bight fishery. Thus, of the 643

mt baseline General category quota, 386 mt would be available in the

period beginning June 1 and ending

August 31, 193 mt would be available in the period beginning September

1 and ending September 30, and 64 mt would be available in the period

beginning October 1 and ending December 31. Given the carryover of 1 mt

underharvest from 1998, the adjusted quota of 644 mt for the 1999

fishing season would be divided as follows: 387 mt would be available

in the period beginning June 1 and ending August 31, 193 mt would be

available in the period beginning September 1 and ending September 30,

and 64 mt would be available in the period beginning October 1 and

ending December 31.

As indicated in the proposed regulations to implement the draft HMS

FMP, the remaining 10 mt of the annual General category quota would be

set aside for the General category New York Bight fishery. However, the

proposed regulatory text inadvertently omitted a change in the

administration of the set-aside effected by a prior final rule (63 FR

27862, May 21, 1998). That rule change provided NMFS greater

flexibility to open the set-aside fishery in any quota period rather

than to wait until the end of the General category fishing season. That

inadvertent omission is corrected in this supplement to the proposed

regulations.

In the last 4 years, NMFS has also implemented RFDs in the General

category. In 1997, NMFS amended the Atlantic tunas regulations to

prohibit persons aboard General category vessels from fishing,

including tag-and-release, for all sizes of BFT on designated RFDs. The

proposed regulations to implement the draft HMS FMP states that NMFS

will annually publish a schedule of RFDs in the Federal Register

last 4 years, NMFS has also implemented RFDs in the General

category. In 1997, NMFS amended the Atlantic tunas regulations to

prohibit persons aboard General category vessels from fishing,

including tag-and-release, for all sizes of BFT on designated RFDs. The

proposed regulations to implement the draft HMS FMP states that NMFS

will annually publish a schedule of RFDs in the Federal Register.

For the 1999 fishing year, NMFS proposes a schedule of RFDs similar

to that implemented for 1998, 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, for BFT of all sizes on the following days:

July 7, 11, 14, 18, 21, 25, and 28; August 1, 4, 8, 10 11, 12, 15, 18,

22, 25, and 29; September 1, 5, 8, 12, 15, 19, 22, 26, and 29; and

October 1. These proposed RFDs would improve distribution of fishing

opportunities without increasing BFT mortality.

Quota Adjustment Procedures

Although the ICCAT rebuilding recommendation for BFT requires

carryover of underharvest and overharvest, certain additional

provisions regarding dead discards and harvest of school BFT apply.

Specifically, if a contracting party's fishing activity results in an

amount of dead discards in excess of the allowance, it must deduct the

excess from the amount of BFT catch that can be retained. Conversely,

if the actual amount of dead discards is less than the allowance, one-

half of the difference may be added to the allocation of BFT catch that

can be retained. NMFS proposes to amend the annual quota adjustment

procedures to incorporate the provisions of the dead discard allowance.

The ICCAT rebuilding recommendation also requires that catch of

school BFT (less than 30 kg or 115 cm straight fork length) be limited

to no more than 8 percent by weight of the total domestic quota over

each 4-consecutive-year period

n of BFT catch that

can be retained. NMFS proposes to amend the annual quota adjustment

procedures to incorporate the provisions of the dead discard allowance.

The ICCAT rebuilding recommendation also requires that catch of

school BFT (less than 30 kg or 115 cm straight fork length) be limited

to no more than 8 percent by weight of the total domestic quota over

each 4-consecutive-year period. NMFS proposes to implement this

provision through the establishment of the school BFT reserve specified

here and through annual adjustments to the school BFT landings and

reserve categories as necessary to meet the ICCAT requirement. Given

the 4-year accounting period, NMFS proposes that adjustments for

estimated overharvest or underharvest of school BFT not be restricted

to automatic carryover between fishing years. Instead, flexible

adjustments would be made to enhance fishing opportunities and the

collection of information on a broad range of BFT size classes,

provided that the 8 percent landings limit is met over the applicable

4-year period.

Scientific Data Collections

ATCA and the Magnuson-Stevens Act authorize NMFS to require

permitting and reporting for commercial and recreational HMS fisheries.

The HMS FMP addresses the need for accurate and timely information for

the purposes of quota monitoring and stock assessment, as well as the

need for required studies on fishing communities and economic impacts

of regulations. To meet the needs of the HMS FMP, NMFS has implemented

logbooks, surveys, and specialized studies in addition to direct

reporting and observer programs.

This supplement to the proposed regulations clarifies the

obligation to report by explicitly stating it as a condition for the

issuance of the required permits. Failure to report or to respond to

any information collection approved by the Office of Management and

Budget (OMB) is prohibited

nted

logbooks, surveys, and specialized studies in addition to direct

reporting and observer programs.

This supplement to the proposed regulations clarifies the

obligation to report by explicitly stating it as a condition for the

issuance of the required permits. Failure to report or to respond to

any information collection approved by the Office of Management and

Budget (OMB) is prohibited. Applications for permits will not be

considered complete if required reports have not been submitted or

applicants have not responded, as required, to specialized data

collections.

Technical Correction

In the proposed regulations to implement the draft HMS FMP, one

aspect of the BFT landings quota allocation was inadvertently omitted.

Given the proposed 250 mt cap on purse seine landings of BFT, any

excess that would result from applying the purse seine percent

allocation to the total landings quota must be redistributed. When it

occurs, NMFS proposes to allocate such excess to the Reserve category,

for inseason redistribution according to the established criteria.

Classification

This proposed rule is published under the authority of the

Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and the Atlantic Tunas

Convention Act, 16 U.S.C. 971 et seq. Preliminarily, the Assistant

Administrator for Fisheries, NMFS, has determined that the

specifications and regulations contained in this proposed rule are

necessary to implement the recommendations of ICCAT and are necessary

for management of the Atlantic tuna fisheries.

NMFS amended the Environmental Impact Statement prepared for the

proposed regulations to implement the draft HMS FMP with a preliminary

finding of no significant impact on the human environment for these

specific BFT provisions. In addition, a draft Regulatory Impact Review

was prepared with a preliminary finding of no significant impact

cessary

for management of the Atlantic tuna fisheries.

NMFS amended the Environmental Impact Statement prepared for the

proposed regulations to implement the draft HMS FMP with a preliminary

finding of no significant impact on the human environment for these

specific BFT provisions. In addition, a draft Regulatory Impact Review

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 supplemental proposed

regulations, if implemented, would not have a significant economic

impact on a substantial number of small entities as follows:

The proposed supplemental regulations would set Atlantic bluefin

tuna (BFT) fishing category quotas for 1999 and subsequent years,

close an area off the New England and mid-Atlantic coast to pelagic

longline gear to reduce BFT incidental catch, provide quota

adjustment procedures to limit catch of school BFT and account for

dead discards of BFT, and clarify the mandatory nature of certain

scientific information collections, in accordance with rebuilding

and discard reduction recommendations of the International

Commission for the Conservation of Atlantic Tunas and domestic

fishery management objectives. The proposed supplemental regulations

also would specify General Category effort controls (time period

subquotas and restricted-fishing days) for the 1999 fishing season.

Because fishing category quota allocations would remain the same or

increase, and the designated restricted-

of the International

Commission for the Conservation of Atlantic Tunas and domestic

fishery management objectives. The proposed supplemental regulations

also would specify General Category effort controls (time period

subquotas and restricted-fishing days) for the 1999 fishing season.

Because fishing category quota allocations would remain the same or

increase, and 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 would accrue to many small

businesses as market prices received by U.S. fishermen may improve.

The analysis predicts that only a minimal number of HMS longline

fishermen (5 in 1996, 2 in 1997) would experience a reduction in

gross revenues of over 5 percent. The analysis also predicts that no

pelagic longline fishermen would be forced to cease business

operations. Also, as this proposed regulation does not decrease the

quota in any fishery, fishermen would still have the opportunity to

landthe same amount of fish that they usually do. The proposed

measures to minimize dead discards of BFT to the extent practicable

would affect only the pelagic longline fleet, and reductions in

gross revenues to this sector of the fishery are expected to be

insignificant based on agency criteria for preparation of a

Regulatory Flexibility Analysis.

Because of this certification, 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 initiated formal consultation for all HMS commercial fisheries

on September 25, 1996, under section 7 of the ESA. NMFS again

reinitiated formal consultation on the HMS FMP and Billfish Amendment

on May 12, 1998

ause of this certification, 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 initiated formal consultation for all HMS commercial fisheries

on September 25, 1996, under section 7 of the ESA. NMFS again

reinitiated formal consultation on the HMS FMP and Billfish Amendment

on May 12, 1998. The consultation request concerned the possible

effects of management measures in the Billfish Amendment and the HMS

FMP, including implementation of the Atlantic Offshore Cetacean Take

Reduction Plan measures for the pelagic longline fishery. In a

Biological Opinion issued on May 29, 1997, NMFS concluded that

operation of the longline and purse seine components of the Atlantic

tunas fishery may adversely affect, but is not likely to jeopardize,

the continued existence of any endangered or threatened species under

NMFS jurisdiction and that continued operation of the handgear

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 identifying a

reasonable and prudent alternative regarding the driftnet component of

the swordfish and tuna fisheries, and is not relevant to the BFT

fishery.

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

t of

the swordfish and tuna fisheries, and is not relevant to the BFT

fishery.

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 would

implement a domestic quota slightly greater than that of 1998, with

minor quota adjustments to individual category quotas to account for

underharvest in 1998 and to specify BFT General category effort

controls (time period subquotas and restricted fishing days) for the

1999 fishing season and, therefore, would not likely increase fishing

effort nor shift activities to new fishing areas. The proposed time/

area closure is intended to shift fishing effort away from areas with

high BFT discards without changing overall fishing effort. The areas

where fishing may be displaced are not expected to increase endangered

species or marine mammal interaction rates.

This supplement to the proposed regulations refers to several

collections-of-information subject to review and approval by OMB under

the Paperwork Reduction Act (PRA). The mandatory nature of required

reports has been clarified but the initial proposed regulations contain

the specific reporting requirements in question and has solicited

public comment on those requirements, which have been submitted to OMB

for approval. The supplement to the proposed regulations also makes it

mandatory for persons with permits to respond to surveys on fishing

activity; OMB approval for such surveys will be obtained prior to their

use and public comment on the specific surveys will be solicited at

that time

ents in question and has solicited

public comment on those requirements, which have been submitted to OMB

for approval. The supplement to the proposed regulations also makes it

mandatory for persons with permits to respond to surveys on fishing

activity; OMB approval for such surveys will be obtained prior to their

use and public comment on the specific surveys will be solicited at

that time.

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 PRA unless that collection of information displays a currently

valid OMB Control Number.

Comments on the Draft HMS FMP, the Addendum to the HMS FMP, the

proposed rule to implement the HMS FMP, and on this supplement to that

proposed rule are invited and will be accepted if received by March 4,

1999.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Reporting and recordkeeping requirements,

Treaties.

Dated: February 18, 1999.

Hilda Diaz-Soltero,

Acting Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR new part 635, as

proposed at 64 FR 3154, January 20, 1999, is proposed to be further

amended as follows:

PART 635-ATLANTIC HIGHLY MIGRATORY SPECIES

1. The authority citation for part 635 continues to read as

follows:

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

2. In Sec. 635.2, definition for ``Northeastern United States

closed area'' is added in alphabetical order to read as follows:

Sec. 635.2 Definitions.

3154, January 20, 1999, is proposed to be further

amended as follows:

PART 635-ATLANTIC HIGHLY MIGRATORY SPECIES

1. The authority citation for part 635 continues to read as

follows:

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

2. In Sec. 635.2, definition for ``Northeastern United States

closed area'' is added in alphabetical order to read as follows:

Sec. 635.2 Definitions.

* * * * *

Northeastern United States closed area means the area bounded by

straight lines connecting the following coordinates in the order

stated: 41 deg.00' N. lat., 74 deg.00' W. long.; 41 deg.00' N. lat.,

70 deg.00' W. long.; 37 deg.00' N. lat., 70 deg.00' W. long.; and

37 deg.00' N. lat., 74 deg.00' W. long.

* * * * *

3. In Sec. 635.4, paragraphs (j)(1) and (j)(2) are revised to read

as follows:

Sec. 635.4 Permits and fees.

* * * * *

(j) Permit issuance. (1) Except for ILAPs, the Office Director or

the RA will issue a permit within 30 days of receipt of a complete and

qualifying application. An application is complete when all requested

forms, information, and documentation have been received, including all

reports and fishing or catch information required to be submitted under

this part.

(2) NMFS will notify the applicant of any deficiency in the

application, including failure to provide information or reports

required to be submitted under this part. If the applicant fails to

correct the deficiency within 30 days following the date of

notification, the application will be considered abandoned.

* * * * *

4. In Sec. 635.5, paragraph (g) is revised to read as follows:

Sec. 635.5 Recordkeeping and reporting.

* * * * *

deficiency in the

application, including failure to provide information or reports

required to be submitted under this part. If the applicant fails to

correct the deficiency within 30 days following the date of

notification, the application will be considered abandoned.

* * * * *

4. In Sec. 635.5, paragraph (g) is revised to read as follows:

Sec. 635.5 Recordkeeping and reporting.

* * * * *

(g) Additional data and inspection. Additional data on fishing

effort directed at Atlantic HMS or on catch of Atlantic HMS, whether or

not retained, may be collected by contractors and statistical reporting

agents, as designees of NMFS, and by authorized officers. As part of

OMB-approved surveys, a person issued a permit under Sec. 635.4 is

required to provide requested information about fishing activity, and a

person, whether or not issued a permit under Sec. 635.4, who possesses

an Atlantic HMS is required to make such fish or parts thereof

available for

inspection by NMFS or its designees upon request.

5. In Sec. 635.21, paragraphs (c)(2)(v) and (c)(4) are added to

read as follows:

Sec. 635.21 Gear operation and deployment restrictions.

* * * * *

(c) * * *

(2) * * *

(v) (Northeastern United States closed area)--June 1 through June

30.

* * * * *

(4) Transiting. Notwithstanding paragraph (c)(2) of this section,

vessels carrying longline gear may transit the Northeastern United

States closed area provided that all anchors and buoys are secured and

all pelagic longline gear is stowed.

* * * * *

6. In Sec. 635.27, paragraph (a)(1)(iv) is removed, and paragraphs

(a) introductory text, (a)(1)(iii), (a)(2) introductory text, and

(a)(9) are revised to read as follows:

Sec. 635.27 Quotas.

of this section,

vessels carrying longline gear may transit the Northeastern United

States closed area provided that all anchors and buoys are secured and

all pelagic longline gear is stowed.

* * * * *

6. In Sec. 635.27, paragraph (a)(1)(iv) is removed, and paragraphs

(a) introductory text, (a)(1)(iii), (a)(2) introductory text, and

(a)(9) are revised to read as follows:

Sec. 635.27 Quotas.

(a) BFT. Consistent with ICCAT recommendations, NMFS will subtract

any allowance for dead discards from the fishing year's total amount of

BFT that can be caught and allocate the remainder to be retained,

possessed, or landed by persons and vessels subject to U.S.

jurisdiction. The total landing quota will be divided among the

General, Angling, Harpoon, Purse Seine, Longline, and Trap categories.

Consistent with these allocations and other applicable restrictions of

this part, BFT may be taken by persons aboard vessels issued Atlantic

Tunas permits or HMS Charter/Headboat permits. Allocations of quota

will be made according to the following percentages: General - 47.1

percent; Angling - 19.7 percent, which includes the school BFT held in

reserve as described under paragraph (a)(7)(ii) of this section;

Harpoon - 3.9 percent; Purse Seine - 18.6 percent or 250 mt, whichever

is less; Longline - 8.1 percent; and Trap - 0.1 percent. In addition,

NMFS is holding in reserve 2.5 percent of the BFT quota for inseason

adjustments, to compensate for overharvest in any category other than

the Angling category school BFT subquota or for fishery independent

research. Should the total landing quota, when multiplied by the Purse

Seine percent allocation, exceed 250 mt, the amount above 250 mt shall

be redistributed to the Reserve. NMFS may apportion a quota allocated

to any category to specified fishing periods or to geographic areas.

BFT quotas are specified in whole weight.

han

the Angling category school BFT subquota or for fishery independent

research. Should the total landing quota, when multiplied by the Purse

Seine percent allocation, exceed 250 mt, the amount above 250 mt shall

be redistributed to the Reserve. NMFS may apportion a quota allocated

to any category to specified fishing periods or to geographic areas.

BFT quotas are specified in whole weight.

(1) * * *

(iii) When the coastwide General category fishery has been closed

in any quota period under Sec. 637.28(a)(1), NMFS 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

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 BFT per vessel per

day. Upon the effective date of the set-aside fishery, fishing for,

retaining, or landing large medium or giant BFT 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)(i) of this section may be carried over for the purpose of

renewing the set-aside fishery at a later date.

(2) Angling category quota. The total amount of BFT that may be

caught, retained, possessed, and landed by anglers aboard vessels for

which an Angling Category Atlantic Tunas Permit or an HMS Charter/

Headboat permit has been issued is 19.7 percent of the overall annual

U.S. BFT quota. No more than 2.3 percent of the annual Angling category

quota may be large medium or giant BFT and, over each 4-consecutive-

year period, no more than 8 percent of the overall U.S. BFT quota may

be school BFT

nded by anglers aboard vessels for

which an Angling Category Atlantic Tunas Permit or an HMS Charter/

Headboat permit has been issued is 19.7 percent of the overall annual

U.S. BFT quota. No more than 2.3 percent of the annual Angling category

quota may be large medium or giant BFT and, over each 4-consecutive-

year period, no more than 8 percent of the overall U.S. BFT quota may

be school BFT. The Angling category quota includes the amount of school

BFT held in reserve as specified under paragraph (a)(7)(ii) of this

section. The size class subquotas for BFT are further subdivided as

follows:

* * * * *

(9) Annual adjustments. If NMFS determines, based on landings

statistics and other available information, that a BFT quota in any

category or, as appropriate, subcategory has been exceeded or has not

been reached, NMFS may subtract the overharvest from, or add the

underharvest to, that quota category for the following fishing year,

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

consistent with a recommendation of ICCAT regarding country quotas, the

take of school BFT, and the allowance for dead discards. Regardless of

the estimated catch in any year, NMFS may adjust the annual school BFT

quota to ensure that the average take of school BFT over each 4-

consecutive-year period beginning in the 1999 fishing year does not

exceed 8 percent by weight of the total BFT quota allocated to the

United States for that period. If NMFS determines that the annual dead

discard allowance has been exceeded in one fishing year, NMFS shall

subtract the amount in excess of the allowance from the total amount of

BFT that can be landed in the subsequent fishing year. If NMFS

determines that the annual dead discard allowance has not been reached,

NMFS may add one-half of the remainder to the total amount of BFT that

can be landed

FS determines that the annual dead

discard allowance has been exceeded in one fishing year, NMFS shall

subtract the amount in excess of the allowance from the total amount of

BFT that can be landed in the subsequent fishing year. If NMFS

determines that the annual dead discard allowance has not been reached,

NMFS may add one-half of the remainder to the total amount of BFT that

can be landed. NMFS will file at the Office of the Federal Register a

notification of the amount to be subtracted or added and the basis for

the quota reductions or increases made pursuant to this paragraph.

* * * * *

[FR Doc. 99-4603 Filed 2-22-99; 10:42 am]

BILLING CODE 3510-22-F