[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38939-38941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19046]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 970626157-7176-01; 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: Final rule.

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SUMMARY: NMFS amends the regulations governing the Atlantic tuna 
fisheries to set Atlantic bluefin tuna (ABT) General category effort 
controls for the 1997 fishing year. The regulatory amendments are 
necessary to achieve domestic management objectives.

DATES: Effective July 15, 1997.

ADDRESSES: Copies of supporting documents, including an 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: Sarah McLaughlin, 301-713-2347, or Pat 
Scida, 508-281-9260.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed 
under the authority of the Atlantic

[[Page 38940]]

Tunas Convention Act (ATCA), 16 U.S.C. 971 et seq. The 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 issue regulations to carry out ICCAT recommendations has 
been delegated from the Secretary to the Assistant Administrator for 
Fisheries, NOAA (AA).
    Background information about the need for revisions to Atlantic 
tunas fishery regulations was provided in the preamble to the proposed 
rule (62 FR 36040, July 3, 1997) and is not repeated here. These 
regulatory changes will improve NMFS' ability to further the management 
objectives for the Atlantic tuna fisheries.

Quota Subdivision

    In this final rule, the 1997 General category quota is split, based 
upon historical catch patterns (1983-96), into three subquotas and 
distributed as follows: 60 percent for June-August, 30 percent for 
September, and 10 percent for October-December. These percentages are 
applied only to 623 metric tons (mt) out of the total General category 
quota of 633 mt. The remaining 10 mt is reserved for the New York Bight 
fishery in October. Thus, of the 623 mt, 374 mt is available in the 
period beginning June 1 and ending August 31, 187 mt is available in 
the period beginning September 1 and ending September 30, and 62 mt is 
available in the period beginning October 1 and ending December 31. 
When the October through December 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 the subquota in any fishing period will result in a 
closure until the beginning of the following fishing period, whereupon 
any underharvest or overharvest will be carried over to the following 
period, with the subquota for the following period adjusted 
accordingly. Announcements of inseason closures will 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 HMS 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 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 is redefined 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.

Restricted-Fishing Days

    NMFS also establishes the 1997 schedule of 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. This rule reflects the restricted-fishing days mutually 
agreed upon by associations representing General category fishermen and 
dealers for July and August, and specifies restricted-fishing days for 
September in order to lengthen the General category fishery. 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 for the 1997 season: July 16, 17, 23, and 30; August 6, 
10, 11, 12, 17, 20, 24, and 27; and September 1, 3, 6, 7, 10, 11, 14, 
17, 19, 21, 24, and 28. On these 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 catch limits in 
effect.

Changes From the Proposed Rule

    Based on consideration of the comments received, several changes 
were made to the proposed rule. Restricted-fishing days have been added 
for the fishing period beginning September 1 and ending September 30. 
In addition, a southern boundary line for the New York Bight set-aside 
area is established at 38 deg.47' N. lat.

Comments and Responses

    NMFS conducted three public hearings on the proposed rule and 
received written and oral comments over a 14-day comment period. 
Responses to the comments are provided below.

Proposed Quota Subdivision

    Comment: Some commenters requested that there be no quota allocated 
for October-December, and that the quota allocated for that period be 
redistributed to the July-August or September subquotas. Other fishery 
participants supported quota for the October-December period.
    Response: NMFS has established a subquota for the October-December 
period for the past two seasons based on comments received in 1995 and 
1996 that extending General category fishing into October could result 
in the landing of higher quality bluefin and therefore could improve 
prices received by fishermen. Due to the lack of agreement among 
industry representatives on ways to improve this apportionment 
consistent with management objectives, no change is made from the 
proposed rule.
    Comment: Some commenters suggested that the proposed 60 percent-40 
percent quota subdivision for before and after September 1 is 
inappropriate because it incorporates data from 1995 and 1996 when 
effort controls were in place, thus the landings patterns were 
influenced by the regulations. In addition, comments were received 
stating that school and medium sized fish should not be counted in 
calculating the historical average, since those fish can no longer be 
sold.
    Response: NMFS has re-evaluated the landings data from 1983-96, by 
excluding from the analysis (1) the data from 1995 and 1996, and (2) 
landings of school and medium bluefin by General category vessels 
(prior to July 1992). Neither of these adjustments significantly alters 
the historical proportion of landings before and after September 1. 
Therefore, the quota distribution is not changed.
    Comment: Many commenters supported a southern boundary for the New 
York Bight set-aside area. Many fishery participants stated that the 
purpose of the New York Bight set-aside was to provide for the 
historical late-season General category fishery for the Mud Hole region 
off New York and New Jersey. Most commenters suggested that the 
boundary be established at a point in southern New Jersey.
    Response: NMFS agrees that there should be a southern boundary for 
the New York Bight set-aside area in order to preserve fishing 
opportunities for the traditional Mud Hole fishery. The southern 
boundary is set at 38 deg.47' N. lat.

General Category Restricted-Fishing Days

    Comment: Most commenters requested the establishment of

[[Page 38941]]

restricted-fishing days, similar to those proposed for July and August, 
for September since catch rates in that month can be extremely high.
    Response: NMFS acknowledges that since September catch rates can be 
high, extending restricted-fishing days into September would lengthen 
the General category season. Therefore, Sundays, Wednesdays, and the 
three days corresponding to Japanese market closure are established as 
restricted-fishing days for September with this final rule.
    Comment: Some commenters warned that effort on Labor Day (September 
1) will be extremely high due to holiday fishing by part-time 
fishermen, and because it is the first day of the September fishing 
period, and they suggested that September 1 should be designated as a 
restricted-fishing day.
    Response: In order to lengthen the September fishery for commercial 
bluefin fishermen, NMFS also includes September 1 as a restricted-
fishing day.
    Comment: Some commenters requested additional restricted-fishing 
days off for July and August.
    Response: NMFS chooses to adhere to the schedule of July and August 
dates mutually agreed upon by associations representing a significant 
portion of General category fishermen and dealers.
    Comment: Some commenters requested restricted-fishing days for the 
fishing period beginning October 1.
    Response: Due to the deterioration of weather conditions as the 
fall progresses, and due to the fact that there was no clear agreement 
among industry groups, NMFS feels that restricted-fishing days in 
October are not warranted. If necessary, regulations allow for inseason 
adjustments to the effort control schedule.

Classification

    This rule is published under the authority of ATCA. The AA has 
determined that the regulations contained in this final rule are 
necessary for management of the Atlantic tuna fisheries.
    NMFS prepared an EA for this final rule with a finding of no 
significant impact on the human environment. In addition, an RIR was 
prepared with a finding of no significant impact. The Assistant General 
Counsel for Legislation and Regulation of the Department of Commerce 
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.
    On May 29, 1997, NMFS issued a biological opinion, which concluded 
that 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 rule implements effort 
controls similar to prior years, making minor changes in the 
restricted-fishing day schedule and in period subquotas, and likely 
will not increase fishing effort or shift activities to new fishing 
areas. Therefore, the final rule is not expected to increase endangered 
species or marine-mammal interaction rates.
    The AA 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). While 
this rule establishes effort controls for the General category, the 
only requirements with which a fisherman would have to come into 
compliance is not to fish on the restricted-fishing days or during a 
closed period. While 8 of the restricted-fishing days would have fallen 
within the 30-day delay in effective date period, these days have been 
agreed to by General category industry representatives and are 
consistent with the suggestions of affected constituents received 
during the public comment period. NMFS will rapidly communicate these 
dates and closures to fishing interests through the FAX network and 
NOAA weather radio. As such, it is unnecessary to delay the effective 
date of this rule.

List of Subjects in 50 CFR Part 285

    Fisheries, Fishing, Penalties, Reporting and recordkeeping 
requirements, Treaties.

    Dated: July 15, 1997.
David L. Evans,
Deputy 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)(1) and the first sentence of 
paragraph (a)(3) are 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 mt, 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) When the October General category catch is projected to have 
reached a total of 10 mt less than the overall October quota, the 
Director will publish a notification in the Federal Register to set 
aside the remaining quota 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. * * *
* * * * *
    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; August 6, 10, 11, 12, 17, 20, 24, and 27; and September 
1, 3, 6, 7, 10, 11, 14, 17, 19, 21, 24, and 28.
* * * * *
[FR Doc. 97-19046 Filed 7-15-97; 5:08 pm]
BILLING CODE 3510-22-U