[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Pages 8634-8635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4773]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 960416112-7026-05; I.D. 020597C]
RIN 0648-AJ04
Atlantic Tuna Fisheries; Regulatory Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: NMFS amends the regulations governing the Atlantic bluefin
tuna (ABT) fisheries to provide authority for NMFS to close and/or
reopen all or part of the Angling category in order to provide for
equitable distribution of fishing opportunities throughout the species
range. The regulatory amendments are necessary to increase the
geographic and temporal scope of data collection from the scientific
monitoring quota established for the United States under the
international ABT stock recovery program. Additionally, this rule
allows a more equitable geographic and temporal distribution of fishing
opportunities for all fishermen in the Angling category, thus
furthering domestic management objectives for the Atlantic tuna
fisheries.
EFFECTIVE DATE: The interim final rule is effective February 21, 1997.
ADDRESSES: Comments on the interim final rule should be directed to,
and copies of supporting documents, including an Environmental
Assessment/Regulatory Impact Review (EA/RIR) are available from,
William Hogarth, Acting 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: John Kelly, 301-713-2347.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under the authority of the Atlantic Tunas Convention Act (ATCA). ATCA
authorizes the Secretary of Commerce (Secretary) to implement
regulations as may be necessary to carry out the recommendations of the
International Commission for the Conservation of Atlantic Tunas
(ICCAT). The authority to implement ICCAT recommendations has been
delegated from the Secretary to the Assistant Administrator for
Fisheries, NOAA (AA). ICCAT has established a stock recovery program
for ABT and has recommended an annual scientific monitoring quota of
2,354 metric tons (mt) for nations fishing in the western Atlantic
Ocean, of which the United States has been allocated 1,344.4 mt for
1997.
An initial quota of 243 mt was established for the Angling category
in 1996 (61 FR 30183, June 14, 1996). NMFS estimated that nearly 60 mt
of this quota was harvested in an unprecedented winter fishery off of
North Carolina. The high level of landings early in the season had an
unanticipated negative impact on traditional ABT fisheries in northern
states and resulted in premature closures. Consequently, a number of
fishery participants requested that NMFS take measures to avoid such
closures in the future.
This interim final rule responds to comments received in response
to an advance notice of proposed rulemaking (ANPR) (61 FR 43518, August
23, 1996). As stated in the ANPR, current regulations require the AA to
monitor catch and landings statistics and close a fishery or quota
category when it is projected that the quota has been attained. Another
regulation enables the AA to adjust the daily catch limit in order to
effect a fair allocation of fishing opportunities as the ABT migrate
along the Atlantic coast. However, since the regulations do not
adequately provide for geographic or temporal distribution of the
entire Angling category quota, is difficult to achieve an equitable
distribution of fishing opportunities to all areas.
One of the regulatory options presented in the ANPR was
implementation of a June 1 opening of the Angling category fishery.
Such a delay in the season opening could ensure fishing opportunities
for fishermen participating in the more northern ABT fisheries. This
date would coincide with the commencement of the General category
season. Under the alternative, fishing for ABT from January 1 to May 31
would be allowed under the tag and release program only.
Alternatively, the ANPR noted that regulations could be amended to
allow the AA, upon determining that variations in seasonal
distribution, abundance, or migration patterns of ABT, and the catch
rate, are preventing fishermen in an identified area from harvesting a
portion of the quota, to close the Angling category and reopen it at a
later date, when the bluefin have migrated to the identified area.
The ANPR established a 30-day comment period during which NMFS
received numerous comments on the options presented. These comments are
summarized below.
Comments and Responses
Comment: Angling category permit holders expressed concern about
decreased or loss of fishing opportunities in some areas as a result of
increased landings of large school, small medium, and trophy class ABT
in the North Carolina winter fishery. Some commenters support NMFS
having the authority to close and/or reopen all or part of the Angling
category in order to ensure an equitable distribution of fishing
opportunities among anglers of all geographic areas. Some commenters
felt that this would be a more reasonable solution than delaying the
Angling category season until June 1. Still others
[[Page 8635]]
suggested that since the winter fishery off North Carolina is not
historical, at least at current levels, it should not be allowed to
increase if it is likely to jeopardize the ABT recovery program or
preclude fisheries in traditional areas.
Response: NMFS recognizes that the recent and unprecedented
increase in Angling category landings of ABT in the early season North
Carolina fishery has caused concern among Angling category permit
holders about decreased fishing opportunities further north. This
interim final rule is meant to address that concern by allowing NMFS to
adjust opening and closing dates as the schools of fish move along the
coast to new fishing areas, in order increase the scope of data
collection and to allow a more equitable geographic and temporal
distribution of fishing opportunities. NMFS believes that this expanded
authority for interim closures, combined with geographic subdivisions
of the quota currently under consideration, could adequately address
the scientific monitoring and fishing opportunity issues without
delaying the opening of the fishing season until June.
Management Measures
This interim final rule expands NMFS authority to close the ABT
Angling category for reasons other than attainment of quota. Upon
determining that variations in seasonal distribution, abundance, or
migration patterns of ABT, or the catch rate in one area may preclude
anglers in an another area from a reasonable opportunity to harvest a
portion of the quota, NMFS may close all or part of the Angling
category, and may reopen it at a later date, to ensure that ABT have
migrated to the identified area before the entire Angling category
quota is reached.
This regulatory change will improve NMFS' ability to implement
ICCAT recommendations, including scientific monitoring of the stock and
restricting catch to within the overall quota and the subquota for
school size ABT. Additionally, this measure will further the domestic
management objectives for the Atlantic tuna fisheries. This interim
final rule will allow the North Carolina winter fishery for ABT to be
conducted without taking such an inordinate share of any of the three
size class quotas that fisheries in other areas are precluded.
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.
NMFS has determined that, under 5 U.S.C. Sec. 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 was undertaking rulemaking on this, and other, tuna
fishery management issues. Specifically, NMFS had published an ANPR on
August 23, 1996 seeking public comment on a variety of tuna issues.
However, while that process remains ongoing, NMFS has received
information from North Carolina that up to 10 metric tons of ABT have
been taken by anglers since the fishery started on January 1, 1997.
While the total 1997 annual quota for the Angling category of ABT has
not yet been established, the historical allocation for this category
has been set at approximately 220 mt. If the North Carolina harvest
rate continues, it is possible that a significant portion of the entire
angling quota might be taken prior to the time that the species
migrates north. As such, given the public interest in an equitable
distribution of catch among fishermen in the Angling category, 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 an opportunity for additional comment is contrary to the public
interest.
Further, under 5 U.S.C. Sec. 553(d)(3), NMFS has determined that
there is good cause, as explained above, to waive the 30-day delay in
effective date. If this new authority results in a closure action for
the ABT fishery, NMFS has the ability to rapidly communicate the
closure to fishery participants through its FAX network, HMS
Information Line, and NOAA weather radio. To the extent practicable,
advance notice of such closure will be provided.
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: February 20, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 285, is
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. 285.20, paragraph (b)(1) is revised to read as follows:
Sec. 285.20 Fishing Seasons.
* * * * *
(b) Closure. (1)(i) NMFS will monitor catch and landing statistics,
including catch and landing statistics from previous years and
projections based on those statistics, of Atlantic bluefin tuna by
vessels other than those permitted in the Purse Seine category. On the
basis of these statistics, NMFS will project a date when the catch of
Atlantic bluefin tuna will equal any quota established under this
section, and will file notification with the Office of the Federal
Register stating that fishing for or retaining Atlantic bluefin tuna
under the quota must cease on that date at a specified hour.
(ii) Upon determining that variations in seasonal distribution,
abundance, or migration patterns of ABT, or the catch rate in one area
may preclude anglers in an another area from a reasonable opportunity
to harvest a portion of the quota, NMFS may close all or part of the
Angling category, and may reopen it at a later date if NMFS determines
that ABT have migrated into an identified area. In determining the need
for any such temporary or area closure, NMFS will consider the
following factors:
(A) The usefulness of information obtained from catches of a
particular geographic area of the fishery for biological sampling and
monitoring the status of the stock;
(B) The current year catches from the particular geographic area
relative to the catches recorded for that area during the preceding
four years;
(C) The catches from the particular geographic area to date
relative to the entire category and the likelihood of closure of that
entire category of the fishery if no allocation is made;
(D) The projected ability of the entire category to harvest the
remaining amount of Atlantic bluefin tuna before the anticipated end of
the fishing season.
* * * * *
[FR Doc. 97-4773 Filed 2-21-97; 4:51 pm]
BILLING CODE 3510-22-F
