[Federal Register Volume 62, Number 42 (Tuesday, March 4, 1997)]
[Proposed Rules]
[Pages 9726-9732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4587]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 630
[Docket No. 960416112-7024-04; I.D. 111396A]
RIN 0648-AJ04
Atlantic Highly Migratory Species Fisheries; Tuna Fishery
Regulatory Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to amend regulations governing the Atlantic tuna
fisheries to: Divide the large school-small medium size class quota and
the large medium-giant quotas of Atlantic Bluefin Tuna (ABT) into north
and south regional subquotas; establish a new tuna permit program to
provide for category changes, annual renewals and the collection of
fees; establish authority for self-reporting for ABT landed under the
Angling category; prohibit the retention of ABT less than the large
medium size class by vessels permitted in the General category;
prohibit all fishing by persons aboard vessels permitted in the General
category on designated restricted-fishing days; and prohibit the use of
spotter aircraft except in purse seine fisheries. The proposed
regulatory amendments are necessary to achieve domestic management
objectives for the Atlantic tuna fisheries. NMFS will hold public
hearings to receive comments from fishery participants and other
members of the public regarding these proposed amendments.
DATES: Comments are invited and must be received on or before March 31,
1997.
ADDRESSES: Comments on the proposed rule should be sent to, 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).
Relation to Advance Notices of Proposed Rulemaking
This proposed rule responds in part to comments received subsequent
to two recently published Advanced Notices of Proposed Rulemaking
(ANPR) (61 FR 43518, August 23, 1996 and 61 FR 48876, September 17,
1996). Written comments were accepted over a 30 day period following
publication of each ANPR. A summary of comments received follows.
NMFS received comments from several organizations and individuals
in support of dividing the large school-small medium and large medium-
giant size class quotas into regional subquotas. Many commenters are
concerned that the high catch rates off North Carolina in the winter
months preclude the opportunity to land a trophy size bluefin in other
areas. Some commenters felt that this would be a more reasonable
solution than delaying the Angling category season until June 1. Still
others 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.
Some commenters wrote in support of providing NMFS the authority to
close and/or reopen all or part of the Angling category in order to
ensure an equitable distribution of fishing opportunities. NMFS has
decided to address this option in a separate regulatory action.
Regarding a new tuna permit program, some commenters support annual
renewal and the collection of a fee. Some individuals state that an
annual renewal system would be an administrative burden. A few
commenters suggest a higher fee for commercial and charter permits, and
a few oppose the fee altogether. Several commenters support the
establishment of a self-reporting system for ABT landed under the
Angling category. Some are concerned about NMFS getting the resources
to develop a monitoring strategy in which the constituency can have
confidence.
Many commenters wrote to support issuance of one permit per vessel
so that vessels could not fish in more than one quota category. In July
1995, NMFS issued regulations that precluded issuance of both a General
and Angling category permit to a single vessel, but that rule also
allowed General and Charter/Headboat permitted vessels to fish under
the Angling category quota. The numerous comments NMFS received in
support of separating the General and Angling category permits can thus
be translated as requests to prohibit the retention of school ABT by
General category vessels.
Some commenters wrote to support the requirement of logbooks for
General category vessels.
Over 350 post cards were received that requested NMFS to prohibit
fishing by persons on General category vessels on restricted-fishing
days. A few commenters oppose restricted-fishing days. NMFS received
510 comments supporting prohibition of spotter planes in all handgear
categories, two comments supporting the prohibition for the General
category only, and one comment supporting the prohibition for the
Harpoon category only.
NMFS has reviewed comments received on the two ANPRs and has
considered them in developing this proposed rule.
Relation to Proposed Consolidation
A proposed rule on ``Atlantic Highly Migratory Species Fisheries;
Consolidation of Regulations'' was published by NMFS on November 6,
1996, in the Federal Register at 61 FR 57361. The regulatory amendments
contained in this proposed rule have been written to be consistent with
the previously proposed consolidation. As proposed, the consolidated
regulations significantly reorganize and condense regulatory text
regarding the Atlantic tuna fisheries. In particular, regulations
governing the Atlantic tuna fisheries,
[[Page 9727]]
currently found at 50 CFR part 285, were proposed to be combined with
other regulations governing HMS under 50 CFR part 630. This proposed
rule is drafted in a consistent format to enable the public to place
these changes in context, as the changes will amend the proposed
consolidated regulations under part 630. Copies of the proposed
consolidation rule may be obtained by writing (see ADDRESSES) or
calling the contact person (see FOR FURTHER INFORMATION CONTACT).
Subsequent to the publication of the proposed consolidation, a
technical amendment to 50 CFR part 285 was filed at the Office of the
Federal Register (62 FR 331, January 3, 1997) to remove references to
the Regional Director for the purposes of issuing Atlantic Tunas
permits. This amendment was necessary to begin implementation of the
automated permitting system by a private sector contractor. Therefore,
regulatory text referring to permits in this proposed rule reflects
changes made by that technical amendment in addition to the proposed
consolidation.
Angling Category
Changes to Angling category regulations would provide more
information for scientific monitoring by lengthening the fishing
season. Additionally, these changes would provide more equitable
geographic and temporal distribution of fishing opportunities.
Since 1992, the school size subcategory has been divided between a
``north'' and ``south'' area quota, with the division at Delaware Bay.
The northern region has been allocated 53 percent of the school ABT
quota and the southern region 47 percent. Given the recent and
unprecedented increase in landings of large school-small medium and
large medium-giant (trophy class) ABT in the early season North
Carolina fishery, NMFS proposes to subdivide the large school-small
medium quota and the large medium-giant quota in the same proportions
and for the same geographic areas as has been specified for the school
size class of ABT. This subdivision would improve scientific data
collection over all regions and the entire fishing season and help
ensure that the northern and southern areas have access to an equitable
share of the quota. If implemented, these northern and southern area
subquotas will be identified in the annual quota specifications to be
published in the Federal Register at a later date.
NMFS believes that the subdivision of the quota combined with the
expanded authority for interim closures, to be undertaken in a separate
action, could adequately address the scientific monitoring and fishing
opportunity issues without delaying the opening of the Angling category
fishing season until June.
General Category
In 1995, NMFS proposed amendments to permit regulations to preclude
issuance of both ABT General and Angling category permits to a single
vessel (60 FR 25665, May 12, 1995). At the time, industry participants
had communicated concerns to NMFS that permitting vessels in both the
Angling and General categories facilitates violations of daily catch
limits and results in discarding and additional mortality of bluefin
tuna. These commenters maintained that under a dual permit system,
vessels may continue to fish after the daily commercial trip limit is
reached with the intent to capture a more valuable fish or illegally
transfer fish to another vessel. It was argued that issuance of only a
General or Angling category permit to a single vessel would also reduce
bluefin discard mortality by separating commercial and recreational
fishing activities.
In response, NMFS proposed that a permit for a single category be
issued to a vessel, that persons aboard General category vessels be
required to release all ABT less than 73 inches curved fork length and
cease fishing once the daily limit of large medium or giant ABT is
attained, and that persons aboard Angling category vessels be required
to release all ABT greater than 73 inches curved fork length and cease
fishing once the daily limit of school, large school, or small medium
ABT is attained, except that vessels registered in the NMFS cooperative
tagging program would be authorized to continue catch and release
fishing.
At the 1995 public hearings, many General category permittees
expressed interest in maintaining a ``mixed'' fishery, that is,
alternately targeting large or small ABT depending on weather
conditions and availability of fish. Based on comments received, NMFS
issued final regulations (60 FR 38505, July 27, 1995) that limited
permits to one category per vessel, but that also allowed General and
Charter/Headboat permitted vessels to fish under the Angling category
quota for ABT less than 73 inches.
Since that time, fishery participants have continued to express
concerns in letters, phone calls and at public meetings about
enforcement of General category rules, particularly restricted fishing
days and daily catch limits, in situations where General category
vessel operators could legally continue to fish under the Angling
category rules. In addition, concerns have been raised about NMFS'
ability to monitor the Angling category quota when General category
vessels are included in the sample frame for the telephone and dockside
surveys. The fact that the General and Angling quota categories do not
correspond exactly with the General, Charter/Headboat and Angling
permit categories has led to much confusion on the part of the
regulated public. Often the General category is perceived as a
commercial fishery for giant ABT when in fact there is considerable
overlap with the recreational fishery for school ABT. Of the more than
13,000 General category permittees, only about 1,000 normally land and
sell commercial-size ABT in a given year.
To address these concerns about quota monitoring and effective
effort controls, NMFS again proposes to prohibit the retention of ABT
less than the large medium size class by vessels permitted in the
General category. This would effectively separate the commercial and
recreational fisheries, with the exception of charter/headboats.
Anglers aboard vessels permitted in the Charter/Headboat category could
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 would determine the fishing
category of the vessel for that day.
Additionally, NMFS proposes to prohibit all fishing by persons
aboard vessels permitted in the General category on designated ABT
restricted-fishing days. This measure is necessary to monitor and
enforce the General category effort controls but is only practical if
the recreational and commercial categories are separate. Fee-paying
anglers aboard vessels permitted in the Charter/Headboat category could
fish under the Angling category rules on designated restricted-fishing
days.
The proposed requirements for General category vessels would
improve distribution of fishing opportunities, decrease ABT mortality,
facilitate enforcement and increase the effectiveness of the General
category restricted fishing days, and improve the accuracy of catch
estimates for both the Angling and General categories.
Permits and Catch Reporting
Revisions proposed for the Atlantic tunas permit and reporting
program would provide for annual renewals and the collection of fees,
and the authorization for a mandatory reporting
[[Page 9728]]
system for ABT landed under the Angling category.
In recent years, NMFS has received substantial criticism that the
existing telephone and dockside surveys do not result in timely or
accurate catch estimates. Revisions to the permitting and reporting
systems will improve NMFS' ability to monitor the Angling category
catch and effect a fair distribution of fishing opportunities. While
collection of fees and annual renewals are authorized under current
regulations, Atlantic tuna permits are currently provided free of
charge, and have been issued for renewals on a three-year, staggered
basis. Because of the extremely high volume of permit requests, NMFS
previously found it cost-inefficient to collect fees and to implement
an annual renewal system.
Recent changes to automate the permit program, now managed by
private sector contractor, will expedite permit renewals and the
processing of initial applications. Under the new system, reissued tuna
permits would be required for all permit holders, regardless of the
date of expiration indicated on current permits and a fee would be
assessed to recover administrative costs of permit issuance.
Atlantic tunas permits issued by NMFS Northeast Regional Office,
regardless of expiration date printed on the permit would have to be
renewed under the new system in 1997. In addition, all new permit
applications and requests for category changes would be made under the
new system. NMFS has provided advance notice to vessel owners of
proposed procedures to access the new permitting system via letters to
individual permit holders and in notices broadcast over the Highly
Migratory Species FAX network. Additionally, recorded information and
instructions on the proposed new system can be obtained by phone (toll-
free, 1-888-USA-TUNA) or over the internet (http://www.usatuna.com).
Permit fees are established according to the NOAA schedule for
recovery of administrative costs. Such fees, previously authorized but
waived by the NMFS Northeast Regional Office for administrative
reasons, are now necessary to recover the cost of the permit program
contract. The fee for calendar year 1997 would be set at $18.00.
The automated procedures, which include application by telephone or
internet, will reduce the administrative burden on NMFS and the public,
thus annual renewals are feasible. Annual renewals are necessary to
maintain an accurate permit database for the purposes of quota
monitoring and statistical collection.
Systems implemented for the permit program will also accommodate
automated catch reporting. Automated procedures for direct telephone
catch reporting by anglers would be less burdensome yet more timely and
potentially more precise than current survey-based reporting.
Additional reporting procedures may involve catch reports by tagging
fish or using punch cards. NMFS intends to establish a pilot reporting
system in 1997. If selected for this pilot program, anglers would be
notified by mail of applicable reporting procedures. Depending on the
feasibility and cost assessment of the direct reporting pilot study,
the requirements would be expanded, as appropriate, in 1998. Such
improvements in quota monitoring are necessary to meet ICCAT
obligations and domestic management objectives.
Finally, Atlantic tunas permitting requirements would be extended
to require permits when fishing under the provisions for tag and
release. In recent years, situations have arisen where significant
levels of fishing activity occur during closures of the ABT fishery.
Current regulations require that tagging kits be on board the vessel
and that tags be used to qualify anglers for the catch and release
exemption to ABT fishery closures. Requiring vessel permits in addition
to tagging kits recognizes that these situations are in fact directed
fisheries for ABT and will facilitate enforcement of ABT regulations
and collection of catch and effort information.
These proposed permitting and reporting requirements would improve
the quality and quantity of catch information collected for stock
assessments as well as the accuracy of catch estimates for both the
Angling and General categories.
Spotter Aircraft
This proposed rule would prohibit the use of aircraft to assist
fishing vessel operators in the location and capture of ABT, with the
exception of purse seine vessels. NMFS has received numerous comments
that the use of aircraft to locate bluefin tuna is contrary to the
effort controls previously established for the General category and is
accelerating the closure of the Harpoon category. NMFS has, on two
occasions, requested specific comments on ways to mitigate the impact
of aircraft use on catch rates (54 FR 29916, July 17, 1989 and 61 FR
18366, April 25, 1996).
In both cases, NMFS elected not to regulate aircraft use in the
Atlantic tuna fisheries, in part because of concerns about the
enforceability of spotter plane regulations. Additionally, in 1996, a
voluntary agreement was signed by the majority of active tuna spotters
that would limit activity to vessels using harpoon gear. NMFS
recognized that the voluntary agreement warranted a trial period, but
also indicated that the agency would continue to monitor the situation
and would take appropriate action if necessary. Since the fishery
management concerns continue to be expressed, and due to increased
numbers of aircraft and vessels, safety issues are now being raised,
NMFS has reconsidered action to respond to these issues.
NMFS considered combining the Harpoon and General categories as a
means to resolve the catch rate and safety issues. The incentive for
aircraft use would be greatly diminished if all handgear fishermen were
subject to a daily catch limit. However, it is debatable whether the
harpoon fishery, as it has traditionally existed, could continue under
catch limits. Also, aircraft are currently used in the General
category, so it is not clear how aircraft use would adapt to a single
handgear category. On the other hand, fishery participants have
expressed a commitment to self-policing, increasing the likelihood that
a spotter aircraft regulation could be effectively enforced.
Recognizing that self-policing is essential for effective enforcement,
NMFS proposes to prohibit use of aircraft for ABT fishing except for
assisting purse seine vessels. NMFS requests comment on this proposal
and alternative measures to address the fishery management and safety
issues raised by use of aircraft in the ABT fisheries.
Public Hearings
NMFS will hold public hearings to receive comments on these
proposed amendments. 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 via the HMS fax
network, internet worldwide web site (http://www.usatuna.com), and
telephone information hotline (301-713-1279).
Classification
This proposed rule is published under the authority of the ATCA, 16
U.S.C. 971 et seq. Preliminarily, the AA has determined that the
regulations contained in this proposed rule are necessary to implement
the recommendations of ICCAT and are necessary for management of the
Atlantic tuna fisheries.
[[Page 9729]]
NMFS prepared a draft EA for this proposed rule 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 certified to the Chief of Advocacy of the Small
Business Administration that this proposed rule, if adopted, will not
have a significant economic impact on a substantial number of small
entities as follows:
The proposed regulatory amendments are necessary to achieve
domestic management objectives. Small businesses should benefit from
measures to extend the fishing season and distribute fishing
opportunities. Permit fees will be $18.00 per year and anglers will
not incur any significant costs to comply with reporting
requirements. Restricted- fishing days should augment total revenues
to the General category due to increased prices from more even
product flow on the export market. Approximately 30 pilots would be
affected by the spotter plane prohibition. Some pilots would
continue to fly for purse seine vessels. Otherwise, since pilots
operate on a catch share basis lost revenue would accrue to fishing
vessel operators. While over 10,000 recreational vessel owners could
be restricted from selling a bluefin tuna, such sales are an
infrequent occurrence. Therefore, it is concluded that these
proposed actions, considered separately or in aggregate, will not
have a significant impact on a substantial number of small entities.
Thus, a regulatory flexibility analysis is not required for these
actions.
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 proposed rule would implement new collections and restates or
revises existing collection-of-information requirements subject to the
PRA. Atlantic tuna vessel permits required under Sec. 630.4(a) are
approved under OMB Control Number 0648-0202 and are estimated at 30
minutes per permit action. Vessel reporting and recordkeeping
requirements for longline vessels under Sec. 630.5 are currently
approved for swordfish and shark vessels under OMB Control Number 0648-
0016 and are estimated at 15 minutes per logbook entry and 16 minutes
for the attachment of tally sheets. Vessel reporting requirements for
Atlantic tuna vessels permitted in the Angling category as proposed to
be authorized under Sec. 630.5 are currently approved as a voluntary
collection under OMB Control Number 0648-0052 and are estimated at 8
minutes per telephone interview and 5 minutes per dockside interview.
Although permitting and reporting requirements have been approved
by OMB for these fisheries, this rule would modify or extend these
information collections. First, the new permit system would require
reissuance of all vessel permits. NMFS estimates that up to 20,000
permit holders may be affected at an estimated 6 minutes per phone
call. Second, commercial tuna vessel operators, who do not otherwise
submit logbooks under swordfish or shark fishery requirements could be
selected for the pelagic logbook reporting program. Purse seine,
harpoon or handgear vessels could be affected. NMFS would request OMB
approval prior to selecting vessels from these categories. Finally, ABT
catch reporting by recreational anglers would be conducted by direct
phone call rather than by interview. Catch reports are estimated at 5
minutes per toll-free phone call. While automated catch reporting may
reduce the burden to individual respondents, the direct reporting
program, if fully implemented, would increase the number of
respondents. NMFS has requested that OMB review these proposed
modifications to information collections. If implemented, the
effectiveness of these collections will be delayed, pending OMB
approval.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information has
practical utility; the accuracy of the burden estimate; ways to enhance
the quality, utility, and clarity of the information to be collected;
and ways to minimize the burden of the collection of information,
including through the use of automated collection techniques or other
forms of information technology.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS issued a biological opinion under the Endangered Species Act
on July 5, 1989, indicating that the level of impact and marine mammal
takes in the Atlantic tuna fisheries is not likely to jeopardize the
continued existence of any sea turtle species or any marine mammal
populations. NMFS has since reinitiated consultation on the Atlantic
highly migratory species fisheries under section 7 of the Endangered
Species Act. This consultation will consider new information concerning
the status of the northern right whale. NMFS has determined that
proceeding with this rule, pending completion of that consultation,
will 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.
List of Subjects in 50 CFR Part 630
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: February 19, 1997.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 630 as
proposed to be amended at 61 FR 57361, November 6, 1996, is further
proposed to be amended as follows:
1. The authority citation for part 630 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
2. In Sec. 630.2, definitions for ``aircraft'' and ``restricted-
fishing day'' are added to read as follows:
Sec. 630.2 Definitions.
* * * * *
Aircraft means any contrivance used for flight in air.
* * * * *
Restricted-fishing day means a date, after the commencement date of
the General category fishing season and before the effective date of
fishery closure on attaining the annual quota, designated by the
Director under Sec. 630.29(a)(1)(i) upon which no fishing may be
conducted by persons aboard vessels permitted in the Atlantic tunas
General category.
* * * * *
3. In Sec. 630.4, paragraph (a)(2)(v), the introductory text of
paragraph (c) and paragraphs (c)(1)(i), (c)(1)(iii), (c)(1)(v), and
paragraphs (d), (e), (f), (i) and (k) are revised to read as follows:
Sec. 630.4 Permits and fees.
(a) * * *
(2) * * *
(v) Change of category. Except for purse seine vessels for which a
permit has been issued under paragraph (a)(2)(iv) of this section, an
owner may change the category of the vessel's Atlantic tunas permit to
another category a maximum of once per calendar year by application on
the appropriate form to NMFS before May 15. After May 15, the vessel's
permit category may not be changed to another
[[Page 9730]]
category for the remainder of the calendar year, regardless of any
change in the vessel's ownership.
* * * * *
(c) Application. A vessel owner or dealer applying for a permit
under paragraph (a) or (b) of this section must submit a completed
permit application as indicated in the application instructions at
least 30 days before the date on which the applicant desires to have
the permit made effective.
(1) Vessel permits. (i) Applicants must provide all information
concerning vessel, gear used, fishing areas, and fisheries
participation, including sworn statements relative to income
requirements and permit conditions, as indicated in the instructions on
the application form.
* * * * *
(iii) NMFS may require the applicant to provide documentation
supporting any sworn statements required under this section before a
permit is issued or to substantiate why such permit should not be
revoked or otherwise sanctioned under paragraph (l) of this section.
Such required documentation may include copies of appropriate forms and
schedules from the applicant's income tax return. Copies of income tax
forms and schedules are treated as confidential.
* * * * *
(v) Applicants must also submit any other information that may be
necessary for the issuance or administration of the permit, as
requested by NMFS.
* * * * *
(d) Issuance. (1) Except as provided in subpart D of 15 CFR part
904, a permit shall be issued within 30 days of receipt of a completed
application. An application is complete when all requested forms,
information, sworn statements and supporting documentation have been
received and the applicant has submitted all reports required under
this part.
(2) The applicant will be notified of any deficiency in the
application. If the applicant fails to correct the deficiency within 15
days following the date of notification, the application will be
considered abandoned.
(e) Duration. A permit issued under paragraph (a) or (b) of this
section remains valid until it expires or is suspended, revoked, or
modified pursuant to subpart D of 15 CFR part 904. Permits expire on
the date indicated on the permit or when any of the information
previously submitted on the application changes. Permits must be
renewed upon expiration. Renewal of permits must be initiated at least
30 days before the expiration date to avoid a lapse in validity.
(f) Fees. NMFS may charge a fee to recover the administrative
expenses of permit issuance. The amount of the fee shall be determined,
at least biannually, in accordance with the procedures of the NOAA
Finance Handbook, available from the Director, for determining
administrative costs of each special product or service. The fee may
not exceed such costs and is specified with application or renewal
instructions. The required fee must accompany each application or
renewal. Failure to pay the fee will preclude issuance of the permit.
Payment by a commercial instrument later determined to be
insufficiently funded shall invalidate any permit.
* * * * *
(i) Change in application information. Within 15 days after any
change in the information contained in an application submitted under
paragraph (a) or (b) of this section, the vessel owner or dealer must
report the change by phone (1-888-USA-TUNA) or internet (http://
www.usatuna.com). In such case, a new permit will be issued to
incorporate the new information. For certain informational changes,
NMFS may require supporting documentation before a new permit will be
issued or may require payment of an additional fee. Permittees will be
notified of such requirements, if applicable, when reporting changes.
The permit is void if any change in the information is not reported
within 15 days.
* * * * *
(k) Replacement. Replacement permits will be issued when requested
by the owner or authorized representative. A request for a replacement
permit will not be considered a new application. An appropriate fee,
consistent with paragraph (f) of this section, may be charged for
issuance of the replacement permit.
* * * * *
4. In Sec. 630.5, the first sentence in each of paragraphs (a)(1)
and (2) are revised, and a new paragraph (a)(4) is added to read as
follows:
Sec. 630.5 Recordkeeping and reporting.
(a) Vessels--(1) Logbooks. If selected and so notified in writing
by NMFS, the owner and/or operator of a vessel for which a permit has
been issued under Sec. 630.4(a), must ensure that a daily logbook form
is maintained of the vessel's fishing effort, catch, and disposition on
forms available from the Science and Research Director. * * *
(2) Tally sheets. The owner and/or operator of a vessel for which a
permit has been issued under Sec. 630.4(a), and who is required to
submit a logbook under paragraph (a)(1) of this section, must ensure
that copies of tally sheets are submitted for all fish offloaded and
sold after a fishing trip. * * *
* * * * *
(4) Angling reports. Angling category permittees selected by the
Director are required to report all ABT landed under the Angling
category quota. Permittees will be notified in writing by the Director
of their selection and applicable reporting requirements and
procedures. Reporting procedures shall be established by the Director
in cooperation with the States, and may include telephone, dockside or
mail surveys, mail-in or phone-in reports, tagging programs, or
mandatory ABT check-in stations. A statistically based sample of the
Angling category permittees may be selected for specific reporting
programs.
* * * * *
5. In Sec. 630.21, paragraph (f) is added to read as follows:
Sec. 630.21 Gear restrictions.
* * * * *
(f) Aircraft. Other than for a vessel holding a valid permit in the
Purse Seine category under Sec. 630.4(a)(2), locating, fishing for,
catching, taking, retaining or possessing ABT by means, aid, or use of
any aircraft is prohibited.
6. In Sec. 630.28, paragraphs (b)(5) and (e)(1) are revised to read
as follows:
Sec. 630.28 Quotas and closures.
* * * * *
(b) * * *
(5) Inseason adjustments. NMFS may make transfers between fishing
categories or allocate any portion of the Reserve held for inseason
adjustments to any category of the fishery, or to account for harvest
by persons conducting research activities authorized under
Sec. 630.1(b)(2) in accordance with Sec. 630.32. NMFS will publish
notification of any inseason adjustment amount in the Federal Register.
Before making any such allocation between categories or from the
Reserve, NMFS will consider the following factors:
(i) The usefulness of information obtained from catches of the
particular category of the fishery for biological sampling and
monitoring the status of the stock.
(ii) The catches of the particular gear segment to date and the
likelihood of closure of that segment of the fishery if no allocation
is made.
[[Page 9731]]
(iii) The projected ability of the particular gear segment to
harvest the additional amount of Atlantic bluefin tuna before the
anticipated end of the fishing season.
(iv) The estimated amounts by which quotas established for other
gear segments of the fishery might be exceeded.
* * * * *
(e) Closures--(1) Atlantic bluefin tuna. (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, and the catch rate in one area
may preclude anglers in an another area from a reasonable opportunity
to harvest its historical share of the quota, NMFS may close all or
part of the Angling category or reopen it at a later date, to ensure
that ABT have migrated to the identified area before the entire Angling
category quota is reached. In determining the need for any such
temporary or area closure, NMFS will consider the applicable factors
referenced under Sec. 630.28(b)(5).
* * * * *
7. In Sec. 630.29, paragraph (a)(1)(iv) is removed and paragraphs
(a)(1)(i) and (a)(5) are revised to read as follows:
Sec. 630.29 Catch limits.
(a) Atlantic bluefin tuna--(1) General category. (i) 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 Sec. 630.4(a)(2). On designated restricted-fishing
days, persons aboard such vessels may not fish. NMFS will publish in
the Federal Register a schedule of designated restricted-fishing days
applicable for that fishing season.
* * * * *
(5) Charter/Headboat category. (i) Persons aboard vessels for which
a Charter/Headboat category permit has been issued under
Sec. 630.4(a)(2) are subject to the daily catch limit in effect on that
day for school, large school, and small medium ABT applicable to the
Angling category or the daily catch limit in effect on that day for
large medium and giant ABT applicable to the General category. The size
category of the first ABT retained or possessed shall determine the
fishing category applicable to the vessel that day. Persons aboard the
vessel may possess ABT in an amount not to exceed a single day's catch,
regardless of the length of the trip, as allowed by the daily catch
limit in effect on that day for the Angling or General category, as
applicable. School, large school, and small medium ABT landed by
persons aboard Charter/Headboat category vessels are counted against
the Angling category quota. Large medium and giant ABT landed by
persons aboard Charter/Headboat category vessels are counted against
the General category quota if landed under paragraph (a)(5)(ii) of this
section, or the Angling category quota, if landed under paragraph
(a)(5)(iii) or (iv) of this section.
(ii) When commercial fishing by vessels for which General category
permits have been issued under Sec. 630.4(a)(2) is authorized, except
when fishing in the Gulf of Mexico, operators of vessels for which a
Charter/Headboat category permit has been issued under Sec. 630.4(a)(2)
are subject to the daily catch limit in effect for the General category
for large medium or giant Atlantic bluefin tuna as specified in
paragraph (a)(1) of this section. Once the applicable catch limit for
large medium or giant bluefin tuna is possessed or retained on
authorized commercial fishing days, persons aboard vessels for which
Charter/Headboat category permits have been issued under
Sec. 630.4(a)(2) must cease fishing and the vessel must proceed to
port. Large medium or giant ABT landed under this paragraph may be
sold.
(iii) When the General category fishery is closed, except when
fishing in the Gulf of Mexico, operators of vessels for which a
Charter/Headboat category permit has been issued under Sec. 630.4(a)(2)
are subject to the annual vessel limit and reporting requirement for
non-commercial take of large medium or giant Atlantic bluefin tuna as
specified in paragraph (a)(4)(ii) of this section. Once the applicable
catch limit for large medium or giant bluefin tuna is possessed or
retained under the Angling category quota, fishing by persons aboard
Charter/Headboat category vessels must cease and the vessel must
proceed to port.
(iv) At any time when fishing in the Gulf of Mexico, operators of
vessels for which Charter/Headboat category permits have been issued
under Sec. 630.4(a)(2) may not fish for, catch, retain or possess
bluefin tuna except that large medium and giant bluefin tuna taken
incidental to fishing for other species may be retained subject to the
annual vessel limit and reporting requirement for non-commercial take
of large medium or giant Atlantic bluefin tuna as specified in
paragraph (a)(4)(ii) of this section. Once the applicable catch limit
for large medium or giant bluefin tuna is possessed or retained under
the Angling category quota, fishing by persons aboard Charter/Headboat
category vessels must cease and the vessel must proceed to port.
8. In Sec. 630.30, paragraph (a)(1) is revised to read as follows:
Sec. 630.30 Catch and release.
(a) Atlantic bluefin tuna. (1) Notwithstanding other provisions of
this part, a person aboard a vessel permitted under Sec. 630.4(a)(2),
other than a person aboard a vessel permitted in the General category
on a designated restricted-fishing day, may fish for Atlantic bluefin
tuna under a tag and release program, provided the person tags all
Atlantic bluefin tuna so caught with tags issued or approved by NMFS
under this section, and releases and returns such fish to the sea
immediately after tagging and with a minimum of injury. If NMFS-issued
or NMFS-approved tags are not on board a vessel, all persons aboard
that vessel are deemed to be ineligible to fish under the provisions of
this section.
* * * * *
9. In Sec. 630.70, paragraphs (a)(8) and (a)(78) are revised and
paragraphs (a)(101) and (a)(102) are added to read as follows:
Sec. 630.70 Prohibitions.
* * * * *
(8) Fish for, catch, possess, or retain any Atlantic bluefin tuna
less than the large medium size class from a vessel other than one
issued a permit for the Angling or Charter/Headboat categories under
Sec. 630.4(a)(2)(i), or a permit for the Purse Seine category under
Sec. 630.4(a)(2)(i) as authorized under Sec. 630.26(a)(2).
* * * * *
(78) Fish for, catch, or possess or retain Atlantic bluefin tuna in
excess of the catch limits specified in Sec. 630.29(a), except that
fish may be caught and released under the provisions of Sec. 630.30.
* * * * *
(101) For persons aboard vessels permitted in the General category
under
[[Page 9732]]
Sec. 630.4(a)(2), engage in fishing for any species on designated
restricted-fishing days.
(102) Fish for, catch, possess or retain, or attempt to fish for,
catch, possess or retain any ABT by means, aid, or use of any aircraft,
unless holding a valid permit in the Purse Seine category under
Sec. 630.4(a).
[FR Doc. 97-4587 Filed 2-27-97; 4:45 pm]
BILLING CODE 3510-22-F
