[Federal Register Volume 63, Number 4 (Wednesday, January 7, 1998)]
[Rules and Regulations]
[Pages 667-669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34242]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 285
[Docket No. 971231320-7320-01; I.D. 121697B]
RIN 0648-AK63
Atlantic Tuna Fisheries; Archival Tag Recovery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments
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SUMMARY: NMFS issues this interim final rule to allow the retention,
possession, and landing of Atlantic bluefin tunas (ABTs) in which an
archival tag has been implanted. Data recovery from archival tags
requires that fish be harvested and the tag removed. In the event a
fish with an archival tag is captured, applicable regulations could
require its immediate release under certain conditions, such as the
closure of the ABT season for a permit category. In order to provide
for maximum likelihood of data recovery, NMFS exempts the harvest of
fish with archival tags from applicable release requirements provided
NMFS is notified prior to, or at the time of, landing and, as
instructed, the tag is removed and returned to NMFS or the fish is made
available so that it may be inspected and the tag recovered.
DATES: The interim final rule is effective December 31, 1997. Comments
must be received on or before January 30, 1998.
ADDRESSES: Comments on the interim final rule should be sent 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. Comments regarding
[[Page 668]]
the burden-hour estimates or other aspects of the collection-of-
information requirements contained in this interim final rule should be
sent to Rebecca Lent and to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Washington, DC 20503
(Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Chris Rogers, 301-713-2347; Buck
Sutter, 813-570-5447; or Mark Murray-Brown, 978-281-9260.
SUPPLEMENTARY INFORMATION: Under the Atlantic Tunas Convention Act of
1975 (ATCA) (16 U.S.C. 971 et seq.), the Secretary of Commerce
(Secretary) is authorized to promulgate regulations to implement
recommendations adopted by the International Commission for the
Conservation of Atlantic Tunas (ICCAT). The authority to issue such
regulations has been delegated from the Secretary to the Assistant
Administrator for Fisheries (AA), NOAA. Section 971d(c)(3) of title 16,
United States Code, provides the statutory authority to require the
collection of information necessary to implement the recommendations of
ICCAT.
As a member nation of ICCAT, the United States is required to take
part in the collection of biological statistics for research purposes.
In addition to this requirement, the United States, as a member nation
fishing for ABT in the Atlantic Ocean, must abide by the specific quota
assigned to it by ICCAT. Through quota management, ICCAT is furthering
its goal of recovering the ABT stock to maximum sustainable yield
level.
The National Research Council (National Academy of Sciences)
recommended to NMFS that migratory patterns of bluefin tuna be further
investigated and that ``a tagging program be undertaken, with an
appropriate combination of conventional, [passive integrated
transponder], acoustic, and archival tags * * *.'' In response, NMFS
has worked with fishermen and researchers in a cooperative effort to
implant archival tags in ABT. Archival tags are miniature data loggers
that offer a powerful tool for discerning the movements, geoposition
and behavior of individual highly migratory species (HMS). The recovery
of only a few tags would greatly increase knowledge of migratory
patterns and spawning site fidelity and provide data that are vital to
the international management of ABT.
Through cooperative research programs, about 170 archival tags were
implanted in ABT during 1996 and 1997. Additional tags will be
implanted in 1998. ABTs equipped with archival tags can be identified
not only by a light sensor extending outside the body cavity (in the
area of the stomach) but also by uniquely colored fluorescent green
conventional streamer tags placed externally on each side of the
shoulder. It is estimated that about 6 to 10 ABT with archival tags
will be recovered annually. It is imperative that each tag be returned
to NMFS to ensure that the most comprehensive data are collected to
establish migratory patterns of HMS. Based on information obtained from
conventional tag recoveries, the greatest likelihood for recovery of
those archival tags already deployed will occur in the 1998 winter
fishery off North Carolina.
Data recovery from archival tags requires that fish be harvested.
In the event a fish with an archival tag is captured, current
regulations could require its immediate release under certain
conditions, such as the closure of the ABT season for a permit
category. In order to provide for maximum likelihood of data recovery,
NMFS, by this interim final rule, exempts the harvest of fish with
archival tags from any applicable release requirement provided NMFS
enforcement is notified prior to, or at the time of, landing and, as
instructed, the tag is removed and returned to NMFS or the fish is made
available so that a NMFS scientist or enforcement agent may inspect the
fish and recover the archival tag. Although this provision was not part
of any proposed rule, the concept and proposed text were presented at
public hearings on consolidation of HMS regulations (61 FR 57361,
November 6, 1996) and at other public meetings. All comments received
were supportive of archival tag research and commenters recognized the
need for recovery. Additionally, this rule would relieve restrictions
in the case of archivally tagged fish. For these reasons, NMFS issues
this interim final rule with further opportunity for public comment.
Recognizing that archival tag implantation poses a mortality risk
to fish, NMFS also requests specific comment on the need for persons
conducting archival tag research to register and report on activities.
Under such a requirement, any person affixing or implanting an archival
tag into a regulated species would provide written notification to the
Director of the proposed activity in advance of commencing the activity
and, upon completion of the activity, would provide a written report to
the Director indicating the type and number of tags, the species and
approximate size of fish, and the location and method of capture of the
fish. Such a requirement would assist NMFS in evaluating the
effectiveness of archival tag research, help researchers coordinate
activities, and provide a source for researchers to access release and
recovery information.
Classification
This interim final rule is published under the authority of the
ATCA, 16 U.S.C. 971 et seq. The AA has determined that the regulations
contained in this rule are necessary to implement the recommendations
of ICCAT and are necessary for management of the Atlantic tuna
fisheries.
This interim final rule has been determined to be not significant
for purposes of E.O. 12866.
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 Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB control number.
This final rule implements a new collection-of-information
requirement subject to OMB review under the PRA. Reporting requirements
for Archival tag recoveries require that the harvester notify NMFS upon
landing the fish, prepare or process the fish as instructed, and
provide information about the time and place of capture. Public
reporting burden for this collection of information is estimated to
average 30 minutes per response. This reporting requirement has been
approved by OMB under control number 0648-0338.
NMFS has determined that, under 5 U.S.C. 553(b)(B), there is good
cause to waive the requirement for prior notice and an opportunity for
public comment as such procedures would be contrary to the public
interest. NMFS presented the concept and proposed regulatory text for
this exemption while conducting public hearings on a proposed rule on
consolidation of highly migratory species regulations. NMFS had
intended to incorporate the archival tag exemption into the final
consolidation rule. However, while that process remains ongoing, NMFS
has received information that the greatest likelihood of recovery will
be in the North Carolina winter ABT fishery starting on January 1,
1998. If fish are caught and must be released, live or dead,
information will be irretrievably lost. As such, given the need for
scientific data from throughout the species' range, and the fact that
NMFS has already received public comment on the subject matter of this
rule, further delay in the implementation of this action to provide
[[Page 669]]
an opportunity for additional comment is contrary to the public
interest.
To the extent that a fish that would otherwise have to be released
may be retained under this rule, this rule relieves a restriction and
under 5 U.S.C. 553(d)(1) is not subject to a delay in effective date.
To the extent that this rule imposes certain reporting and other
requirements associated with such retention, the AA, under 5 U.S.C.
553(d)(3), has determined that there is good cause, as explained above,
to waive the otherwise required 30-day delay in effective date. NMFS
will rapidly communicate the new regulations to fishery participants
through its FAX network, HMS Information Line, and NOAA weather radio.
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: December 31, 1997.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR chapter IX and 50
CFR chapter II are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b), the table, is amended by adding,
in numerical order, the following entry to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
CFR part or section where the information collection requirement is
located
* * * * *
50 CFR
* * * * *
285.9
Current OMB Control number (all numbers begin with 0648)
-0338
* * * * *
50 CFR Chapter II
PART 285--ATLANTIC TUNA FISHERIES
3. The authority citation for part 285 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.
4. In Sec. 285.2, a definition for ``archival tag'' is inserted in
alphabetical order to read as follows:
Sec. 285.2 Definitions.
* * * * *
Archival tag means an electronic recording device that is implanted
or affixed to a fish that is released alive back into the ocean to
allow collection of scientific information about the migratory behavior
of that fish.
* * * * *
5. In Sec. 285.3, paragraph (a) is revised to read as follows:
Sec. 285.3 Prohibitions.
* * * * *
(a) For any person or for any fishing vessel subject to the
jurisdiction of the United States to engage in fishing or to land any
Atlantic tuna in violation of these rules, except that fish implanted
or affixed with archival tags may be possessed, retained and landed
under the provisions of Sec. 285.9.
* * * * *
6. Section 285.9 is added to read as follows:
Sec. 285.9 Archival tags.
(a) Reserved.
(b) Landing. Notwithstanding other provisions of this part, any
person may catch, possess, retain, and land any regulated species in
which an archival tag has been affixed or implanted, provided that
person complies with all requirements of paragraph (c) of this section.
(c) Landing report. The person possessing, retaining, or landing,
under the authority of paragraph (b) of this section, a regulated
species in which an archival tag has been affixed or implanted must
contact the NMFS, Southeast Science Center (1-800-437-3936) or any NMFS
enforcement office (a list of local NMFS enforcement offices can be
obtained from the Director) prior to, or at the time of landing,
furnish all requested information regarding the location and method of
capture, and, as instructed, remove the tag and return it to NMFS or
make the fish available so that a NMFS scientist, enforcement agent, or
other person designated in writing by the Director may inspect the fish
and recover the tag.
(d) Quota monitoring. If a regulated species landed under the
authority of paragraph (b) of this section is subject to a quota, the
fish shall be counted against the applicable quota category consistent
with the fishing gear and activity which resulted in the catch. In the
event such fishing gear or activity is otherwise prohibited under
applicable provisions of this part, the fish shall be counted against
the scientific reserve quota established for that species.
7. In Sec. 285.31, paragraph (a)(22) is revised to read as follows:
Sec. 285.31 Prohibitions.
(a) * * *
(22) Fail to report the catching of any Atlantic bluefin tuna to
which a plastic tag has been affixed under a tag and release program
conducted by NMFS or any other scientific organization or in which an
archival tag has been affixed or implanted;
* * * * *
[FR Doc. 97-34242 Filed 12-31-97; 4:24 pm]
BILLING CODE 3510-22-F
