96-10247. Atlantic Tuna Fisheries; Annual Quotas and Effort Controls  

  • [Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
    [Proposed Rules]
    [Pages 18366-18370]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-10247]
    
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Part 285
    
    [Docket No. 960416112-6112-01; I.D. 030896D]
    RIN 0648-AI29
    
    
    Atlantic Tuna Fisheries; Annual Quotas and Effort Controls
    
    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 the regulations governing the Atlantic 
    tuna fisheries to: Set Atlantic bluefin tuna (ABT) fishing category 
    quotas for the 1996 fishing year, revise allocations to monthly quota 
    periods and establish the effort control schedule in the ABT General 
    category, allow the partial transfer of quotas among Purse Seine 
    category permit holders and amend landing requirements, and increase 
    minimum sizes for Atlantic yellowfin and bigeye tunas. The proposed 
    regulatory amendments are necessary to implement the 1994 
    recommendation of the International Commission for the Conservation of 
    Atlantic Tunas (ICCAT) regarding fishing quotas for bluefin tuna, as 
    required by the Atlantic Tunas Convention Act (ATCA), and to achieve 
    domestic management objectives. 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 May 28, 
    1996. See SUPPLEMENTARY INFORMATION for dates, times, and locations of 
    public hearings.
    
    ADDRESSES: Comments on the proposed rule should be sent to, and copies 
    of supporting documents, including a Draft Environmental Assessment-
    Regulatory Impact Review (EA/RIR), are available from, William Hogarth, 
    Acting Chief, Highly Migratory Species Management Division, Office of 
    Fisheries Conservation and Management (F/CM), NMFS, 1315 East-West 
    Highway, Silver Spring, MD 20910-3282.
    
    FOR FURTHER INFORMATION CONTACT: William Hogarth, 301-713-2339.
    
    SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed 
    under regulations at 50 CFR part 285 issued under the authority of 
    ATCA. ATCA authorizes the Secretary of Commerce (Secretary) to 
    implement regulations as may be necessary to carry out the 
    recommendations of ICCAT. The authority to implement ICCAT 
    recommendations has been delegated from the Secretary to the Assistant 
    Administrator for Fisheries, NOAA (AA).
        Based on a revised stock assessment, parties at the 1994 meeting of 
    ICCAT adopted a recommendation to increase the annual scientific 
    monitoring quota of ABT in the western Atlantic Ocean from 1,995 metric 
    tons (mt) to 2,200 mt. The share allocated to the United States was set 
    at 1,311 mt, with the provision that unused quota from 1995 be carried 
    over or overharvest be subtracted from the 1996 total. This proposed 
    rule would implement that quota recommendation, accounting for 
    overharvest and underharvest in each
    
    [[Page 18367]]
    
    regulatory category as well as inseason transfers between certain 
    categories.
        In addition to the proposed quota allocations, NMFS proposes 
    changes to operations of the ABT General and Purse Seine permit 
    categories. Changes to regulations pertaining to the General category 
    would serve to lengthen the fishing season and facilitate enforcement 
    by revising the percentages of total allowable catch apportioned into 
    monthly quotas and by changing restricted fishing days from Sunday, 
    Monday and Wednesday to Sunday, Monday and Tuesday. Changes to 
    regulations pertaining to the Purse Seine category would allow Purse 
    Seine permit holders to transfer a portion of their annual allocation 
    to other Purse Seine permit holders; these permit holders are already 
    authorized to transfer the total annual allocation among themselves. 
    Also, it is proposed that purse seine operators be allowed to land 
    dressed ABT.
        Finally, NMFS proposes to increase yellowfin and bigeye tuna 
    minimum size limits from 22 inches (56 cm) to 27 inches (69 cm) 
    according to the curved measurement method, to prevent ABT between 22 
    inches (56 cm) and 27 inches (69 cm) from being inadvertently retained. 
    Increased catch of ABT below the minimum size of 27 inches (69 cm) has 
    been attributed to misidentification of small tunas. NMFS has 
    determined that these requirements would bring the United States into 
    compliance with the 1994 ICCAT recommendations pertaining to management 
    of ABT and would improve economic returns to fishery participants.
    
    Fishing Category Quotas
    
        In the 1992 final rule (57 FR 32905, July 24, 1992), NMFS 
    established quotas for the various commercial and recreational 
    categories in the ABT fishery, based upon the historical share of catch 
    in each of these categories during the period 1983 through 1991. These 
    quotas were used in 1992, 1993 and 1994, with overharvests and 
    underharvests added and subtracted where appropriate (as required by 
    ICCAT) and with some inseason transfers.
        The total 1996 quota allocated by ICCAT to the United States is 
    1,311 mt, to be used for scientific monitoring purposes. Proposed 
    fishing category allocations for 1996 (see Table) were determined using 
    to the following procedure:
        Step 1. Determine the difference between the 1995 quotas (adjusted 
    for within year transfers among categories) and the 1995 landings for 
    each fishing category, subcategory and total.
        Step 2. Subtract or add the differences obtained from Step 1 to the 
    quotas set in 1992 (base quotas) for the total fishery, each category, 
    and subcategory (except for the Purse Seine category for which the base 
    quota of 301 mt was reduced to 250 mt in 1995, and the Incidental 
    category from which 3 mt were transferred in 1995 to allow for an 
    Angling ``trophy'' fish category).
        Step 3. Adjust, as inseason actions, the results from Step 2 for 
    the 1996 quotas by: (1) Transferring 10 mt from the Reserve to the 
    General category to ensure that the October fishery in the New York 
    Bight occurs; (2) transferring 43 mt from the Incidental category to 
    the Reserve to ensure that the total U.S. quota is not exceeded; and 
    (3) transferring 95 mt from the Reserve to Angling to increase the 
    likelihood that the Angling category remains open throughout most of 
    the year.
        Thus, the proposed ABT fishing category quotas for the 1996 fishing 
    year are as follows: General category--541 mt; Harpoon Boat category--
    53 mt; Purse Seine category--251 mt; Angling category--243 mt; 
    Incidental category--110 mt; Reserve--108 mt.
        The proposed transfer of 95 mt to the Angling category large 
    school-small medium quota in part accounts for the net overharvest of 
    74 mt in 1994-95 for all size classes. An additional 21 mt are added to 
    the Angling category quota to account for landings of large school-
    small medium ABT observed in the North Carolina fishery during January 
    through March 1996. This additional 95 mt would allow NMFS to reopen 
    the large school-small medium segment of the ABT Angling category 
    previously closed (61 FR 11336, March 20, 1996) and allow adjustment to 
    the Angling Category daily catch limit previously restricted to one ABT 
    per vessel per day (61 FR 8223, March 4, 1996).
        These transfers from the Reserve are authorized under 
    Sec. 285.22(i), given the high likelihood, based on historical catch 
    rates and effort levels, that landings in the General and Angling 
    categories will fully meet their quotas. Participation in the General 
    and Angling categories has increased in recent years and has resulted 
    in early closures for these categories. In addition, the General and 
    Angling categories currently provide the most useful fishery-dependent 
    scientific data for stock assessment purposes.
    
                                                             Proposed ABT Quotas by Fishing Category                                                        
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Inseason                              1995                  Quota for                          
                                                1995 quota   transfers   Net 1995      1995      overage/    1992 base  1996 net of  Adjustments   Proposed 
                                                             to quota      quota     landings   (underage)     quota     over/under   to quotas   1996 quota
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    General...................................         438      a +120         558         558           0         531         531           +10         541
    Harpoon...................................          47       b +10          57          57           0          53          53             0          53
    Incidental................................         125        c-10         115          72        (43)         110         153           -43         110
        Other.................................           2  ..........           2           1         (1)           1           2            -1           1
        Longline..............................         123         -10         113          71        (42)         109         151           -42         109
            North.............................          23         +15          38          31         (7)          23          30            -7          23
            South.............................         100         -25          75          40        (35)          86         121           -35          86
    Purse Seine...............................         250           0         250         249         (1)       e 250         251             0         251
    Angling...................................       d 330           0         330         404          74         222         148          f 95         243
        School................................         248           0         148         109        (39)          99         138             0         138
            North.............................          78           0          78  ..........  ..........          53          73             0          73
            South.............................          70           0          70  ..........  ..........          47          65             0          65
    Lrg school/small med......................         178           0         178         293         115         120           5           +95         100
        Trophy................................           4           0           4           2         (2)           3           5             0           5
    Reserve...................................         145        -120          25           0        (25)         145         170          g-62         108
                                               -------------------------------------------------------------------------------------------------------------
          Total...............................       1,335           0       1,335       1,340           5       1,311       1,306             0       1,306
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    a General category received a transfer of 110 mt from the Reserve and 10 mt from the Incidental longline South.                                         
    b Harpoon category received a transfer of 10 mt from the Reserve.                                                                                       
    c Incidental category provided 10 mt to the General category; also, 15 mt were transferred from longline south to longline north.                       
    
    [[Page 18368]]
    
                                                                                                                                                            
    d Angling category quotas for 1995 are expressed as what they would have been if the Large Pelagic Survey final results had been available.             
    e The 1992 base quota of 301 mt was reduced to 250 mt in 1995.                                                                                          
    f The 95 mt transferred from the Reserve to the Angling category represents the overage due to the delay of the Large Pelagic Survey (74 mt) plus the 21
      mt of landings already observed in January and February 1996 in North Carolina.                                                                       
    g The net Reserve is equal to: 170 mt - 10 mt (to General) - 95 mt (to Angling) + 43 mt (from Longline) = 108 mt.                                       
    
    
    
    General Category Effort Controls
    
        In the 1995 fishery, NMFS implemented time period subquotas for the 
    ABT General category to increase the likelihood that fishing would 
    continue throughout most of the year for scientific monitoring 
    purposes. These subquotas also addressed concerns regarding allocation 
    of fishing opportunities, allowed for a late season fishery, and 
    improved marketing conditions. Due to delayed effectiveness of the 1995 
    rule changes, and the unexpected increase in recreational landings at 
    the end of the season, these monthly subquotas were not fully 
    implemented.
        NMFS proposes to adjust the time period subquotas of the General 
    category quota in 1996. Based upon historical catch and recent trends 
    in catch rates and fishing effort, the General category quota is 
    proposed to be distributed as follows: 25 percent in June-July; 35 
    percent in August; 30 percent in September; and 10 percent in October-
    December. These percentages would be applied only to the base quota of 
    531 mt, with the remaining 10 mt being reserved for the New York Bight 
    fishery in October. Thus, of the 531 mt total, 133 mt would be 
    available in the period beginning June 1 and ending July 31; 186 mt 
    would be available in the period beginning August 1 and ending August 
    31; 159 mt would be available in the period beginning September 1 and 
    ending September 30; and 63 mt (53 mt based on 10 percent, plus 10 mt 
    New York Bight fishery) would be available in the period beginning 
    October 1 and ending December 31.
        Attainment of quota in any period would result in a closure until 
    the subsequent period, whereupon any underharvest or overharvest would 
    be carried over to the subsequent period to adjust the base quota for 
    that period. Inseason closures would be filed at the Office of the 
    Federal Register, stating the effective date of closure, and announced 
    through local media and over NOAA weather radio.
        This proposed rule would change allowable fishing days for vessels 
    permitted in the ABT General category. In 1995, daily closures (Sunday, 
    Monday, and Wednesday) were implemented to lengthen the fishing season. 
    This rule proposes to remove Wednesday as a restricted fishing day and 
    include Tuesday as a restricted fishing day. Having three consecutive 
    days closed would increase the likelihood of accomplishing the 
    objective of temporarily extending the fishing season by facilitating 
    enforcement of the daily closures. Economic conditions for vessel crew 
    members who fish part time and/or must travel between home and fishing 
    ports would also be improved.
        NMFS is proposing to maintain Sunday closures, with the exception 
    of certain holiday weekends, during the effective period of effort 
    controls. It is also proposed that the effective period of the effort 
    controls be limited to mid-July through mid-September, corresponding to 
    the historical period when catch rates are highest.
        Thus, under this proposed rule, persons aboard vessels permitted in 
    the General category or the Charterboat/Headboat category would not be 
    allowed to fish for, catch, retain or land large medium or giant ABT on 
    the designated restricted fishing days listed below. This management 
    measure would serve to prevent overharvest of quota in any period and 
    is tied, in part, to the ``Sunday-Monday-Tuesday'' principle, and to 
    market closures in Japan (the major export market), to minimize 
    potential negative economic consequences to U.S. fishermen. Some of the 
    standard restricted fishing days would be eliminated according to 
    market factors as well as holiday periods. The proposed effort controls 
    would improve distribution of fishing opportunities without increasing 
    ABT mortality.
        NMFS proposes that, for 1996, scheduled days on which no large 
    medium or giant ABT may be retained by persons aboard vessels permitted 
    in the General category or Charter/Headboat category be: July 14, 15, 
    16, 21, 22, 23, 28, 29, and 30; August 4, 5, 6, 9, 10, 11, 12, 13, 18, 
    19, 20, 25, 26, and 27; and September 3, 8, 9, 10, 15.
    
    Purse Seine Requirements
    
        This rule proposes to implement, for the Purse Seine category 
    alone, a more flexible method of allocation of the domestic U.S. quota 
    for 1996, notably, a market-based allocation alternative. Current 
    regulations allow for Purse Seine permit holders to transfer, in whole, 
    their annual allocation of the Purse Seine category quota, or to 
    permanently consolidate Purse Seine permits.
        As proposed, individual purse seine allocations of bluefin tuna 
    quota would be transferable, in whole or in part, to any other purse 
    seine vessel permitted in the Atlantic tunas fisheries. Wholesale or 
    partial transfers of allocation would require written notice to NMFS 3 
    days in advance of landing any bluefin tuna transferred from another 
    purse seine vessel's annual allocation. Such notice would indicate the 
    transfer date, amount (mt) transferred, and the permit numbers of 
    vessels involved in the transfer.
        In addition, it is proposed to allow purse seine vessel operators 
    to land ABT in dressed, rather than round, form. This proposed 
    amendment would extend to purse seine vessels the current ABT landing 
    requirement applicable to all other vessels engaged in recreational or 
    commercial fishing.
    
    Minimum Size for Yellowfin and Bigeye Tuna
    
        NMFS proposes to increase yellowfin and bigeye tuna minimum size 
    limits to 27 inches (69 cm) according to the curved measurement method. 
    Currently, the ICCAT recommendation on minimum sizes for these species 
    is expressed as 3.2 kg (7 lb), which is equivalent to 22 inches (56 
    cm). Given the similarity in appearance of juvenile Atlantic tunas, 
    especially bluefin and yellowfin, the 2-year catch of sublegal ABT in 
    1994 and 1995 comprised 28 percent of the total catch below 47 inches 
    (119 cm). Because of the need to comply with the ICCAT ABT minimum size 
    recommendation of 27 inches (69 cm), NMFS proposes uniform minimum 
    sizes on ABT, yellowfin, and bigeye tuna. This measure should ensure 
    compliance with the ICCAT recommendation on ABT minimum size by 
    facilitating enforcement.
        In 1995, NMFS received comment that the ICCAT recommendation on the 
    minimum size for yellowfin tuna does not coincide with age of first 
    spawning and that these fish should have the opportunity to spawn at 
    least once. At the time, NMFS responded that more information is needed 
    on the potential impact for both recreational and commercial sectors, 
    especially the effect on discard rates for yellowfin tuna and an 
    analysis of release mortality. NMFS continues to assess the costs and 
    benefits of the increased minimum size and invites comment relative to 
    management of yellowfin and bigeye
    
    [[Page 18369]]
    
    tuna. However, the proposed action is intended to protect juvenile ABT, 
    for which a strict quota management program is already in place.
    
    Request for Comments
    
        Although NMFS is not currently proposing a change in the opening 
    date of the General category fishing season, NMFS has received requests 
    for division of the quota to allow for a General category fishery 
    during the winter months when ABT are present in waters off North 
    Carolina. Comments are sought regarding this issue. Also, NMFS has 
    received numerous comments that the use of aircraft to locate tuna for 
    General category vessels is working against the effort controls 
    previously established. NMFS therefore requests specific comments on 
    ways to mitigate this impact.
        Also, under current regulations, a designated restricted fishing 
    day may be waived, or the daily catch limit may be adjusted, if the AA 
    determines that such effort control is impeding attainment of the 
    monthly quota or needed to avert premature closure. However, NMFS has 
    received comment that the 5-day advance notice of such waiver or catch 
    limit adjustment should be reduced to make these adjustments more 
    effective. NMFS, therefore, requests comment on a change to file such 
    notices with the Office of the Federal Register a minimum of 3 calendar 
    days in advance of the effective date.
        In addition, NMFS has received two petitions for rulemaking 
    regarding the Atlantic tuna fisheries. Petitioners have requested that 
    NMFS list pair trawl as an authorized gear for tunas other than ABT. 
    Other petitioners have requested that NMFS prohibit retention of ABT 
    smaller than the large medium size class. NMFS requests comment on the 
    merits and impacts of these proposed regulatory changes. Copies of the 
    petitions are available from NMFS (see ADDRESSES).
    
    Locations of Public Hearings
    
        The public hearing schedule is as follows:
    
    Monday, May 6, 1996, Silver Spring, MD, 2-5 p.m.
    
    NOAA Building 3, Room 4527, 1315 East-West Highway, Silver Spring, MD 
    20910
    
    Thursday, May 9, 1996, Boston, MA, 6-10 p.m.
    
    John B. Hynes Veterans Memorial Convention Center, 900 Boylston Street, 
    Boston, MA 02115
    
    Friday, May 10, 1996, Madeira Beach, FL, 6-9 p.m.
    
    City Hall, 300 Municipal Drive, Madeira Beach, FL 33708
    
    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.
        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 has certified to the Chief Counsel for 
    Advocacy of the Small Business Administration that the proposed rule 
    would not have a significant economic impact on a substantial number of 
    small entities. For most fishing categories, quotas are proposed at 
    levels similar to prior years. Although the reduction in Incidental 
    category quotas of 28 percent amounts to a significant impact on gross 
    revenues for that sector, the number of vessel operators affected does 
    not exceed 5 percent of the tuna fleet. 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.
        Notifications of purse seine allocation transfers are not subject 
    to the Paperwork Reduction Act (PRA), because a maximum of five vessels 
    could be subject to reporting under this requirement. Since it is 
    impossible for ten or more respondents to be involved, the 
    notifications are exempt from the PRA clearance requirement.
        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. It has been preliminarily determined that additional 
    information on the Atlantic tuna fisheries collected since that time 
    has not changed the conclusion of that consultation.
    
    List of Subjects in 50 CFR Part 285
    
        Fisheries, Fishing, Penalties, Reporting and recordkeeping 
    requirements, Treaties.
    
        Dated: April 19, 1996.
    Nancy Foster,
    Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
    
        For the reasons set out in the preamble, 50 CFR part 285 is 
    proposed to be 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, paragraphs (a)(1), (a)(3), (b), (c), (d), (e), 
    and the heading and first sentence of paragraph (f) 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 541 mt, of which 133 mt are available in the 
    period beginning June 1 and ending July 31; 186 mt are available in the 
    period beginning August 1 and ending August 31; 159 mt are available in 
    the period beginning September 1 and ending September 30; and 63 mt are 
    available 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 notice 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 71 deg.51' W. long. (Montauk Point) and running SSE 150 deg. 
    true. The daily catch limit for the set-aside area will be one large 
    medium or giant Atlantic bluefin tuna per vessel per day. Upon the 
    effective date of the set-aside, fishing for, retaining, or landing 
    large medium or giant Atlantic bluefin tuna must cease in all waters 
    outside of the set-aside area.
        (b) Harpoon Boat. 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 Harpoon Boat 
    category under Sec. 285.21(b) is 53 mt.
        (c) Purse Seine. The total 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 Purse
    
    [[Page 18370]]
    
    Seine category under Sec. 285.21(b) is 251 mt.
        (d) Angling. The total annual amount of Atlantic bluefin tuna that 
    may be caught, retained, possessed, or landed in the regulatory area by 
    anglers is 243 mt. No more than 5 mt of this quota may be large medium 
    or giant bluefin tuna quota. No more than 138 mt of this quota may be 
    school Atlantic bluefin tuna. The quota for school Atlantic bluefin 
    tuna is further subdivided as follows:
        (1) 65 mt of school Atlantic bluefin tuna may be caught, retained, 
    possessed, or landed south of 38 deg.47' N. lat.
        (2) 73 mt of school Atlantic bluefin tuna may be caught, retained, 
    possessed, or landed north of 38 deg.47' N. lat.
        (e) Incidental. 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 Incidental 
    Catch category under Sec. 285.21(b) is 110 mt. This quota is further 
    subdivided as follows:
        (1) 109 mt for longline vessels. No more than 86 mt may be caught, 
    retained, possessed, or landed in the area south of 34 deg.00' N. lat.
        (2) For vessels fishing under Sec. 285.23 (a) and (b), 1 mt may be 
    caught, retained, possessed, or landed in the regulatory area.
        (f) Inseason adjustment amount. The total amount of Atlantic 
    bluefin tuna that will be held in reserve for inseason adjustments is 
    108 mt. * * *
    * * * * *
        3. In Sec. 285.24, paragraph (a)(1) and the first sentence of 
    paragraph (a)(2) are 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 
    Sec. 285.21. On designated restricted fishing days, persons aboard such 
    vessels may not possess, retain or land any large medium or giant 
    Atlantic bluefin tuna. For calendar year 1996, designated restricted 
    fishing days are: July 14, 15, 16, 21, 22, 23, 28, 29, and 30; August 
    4, 5, 6, 9, 10, 11, 12, 13, 18, 19, 20, 25, 26, and 27; and September 
    3, 8, 9, 10, and 15.
        (2) The Assistant Administrator may increase or reduce the catch 
    limit over a range from zero (restricted fishing days) to a maximum of 
    three large medium or giant Atlantic bluefin tuna per day per vessel 
    based on a review of dealer reports, daily landing trends, availability 
    of the species on the fishing grounds, and any other relevant factors, 
    to provide for maximum utilization of the quota. * * *
    * * * * *
        4. In Sec. 285.25, the last sentence of paragraph (c), and 
    paragraph (d)(2) are revised to read as follows:
    
    
    Sec. 285.25  Purse seine vessel requirements.
    
    * * * * *
        (c) Inspection. * * * Purse seine vessel owners must have each 
    large medium and giant bluefin tuna in their catch weighed, measured, 
    and the information recorded on the landing card required under 
    Sec. 285.28(a) at the time of offloading and prior to transporting said 
    tuna from the area of offloading.
        (d) Vessel allocations. * * *
        (2) The Regional Director will review applications for allocations 
    of Atlantic bluefin tuna on or about May 1, and will make equal 
    allocations of the available size classes of Atlantic bluefin tuna 
    among vessel owners so requesting. Such allocations are freely 
    transferable, in whole or in part, among purse seine vessel permit 
    holders. Any purse seine vessel permit holder intending to land bluefin 
    tuna under an allocation transferred from another purse seine vessel 
    permit holder must provide written notice of such intent to the 
    Regional Director 3 days before landing any such bluefin tuna. Such 
    notification must include the transfer date, amount (mt) transferred, 
    and the permit numbers of vessels involved in the transfer. Trip or 
    seasonal catch limits otherwise applicable under Sec. 285.24(c) are not 
    altered by transfers of bluefin tuna allocation. Purse seine vessel 
    permit holders who, through landing and/or transfer, have no remaining 
    bluefin tuna allocation may not use their permitted vessels in any 
    fishery in which Atlantic bluefin tuna might be caught.
    * * * * *
        5. In Sec. 285.31, paragraph (a)(4) is revised to read as follows:
    
    
    Sec. 285.31  Prohibitions.
    
        (a) * * *
        (4) Fish for, catch, or possess or retain Atlantic bluefin tuna in 
    excess of the catch limits specified in Sec. 285.24, or to possess or 
    retain large medium or giant ABT on designated restricted fishing days, 
    except that fish may be caught and released under the provisions of 
    Sec. 285.27.
    * * * * *
        6. In Sec. 285.52, paragraph (a) is revised to read as follows:
    
    
    Sec. 285.52  Size limits.
    
        (a) Fishing for, catching, retention, or possession of Atlantic 
    yellowfin and bigeye tunas in the regulatory area by persons aboard 
    fishing vessels subject to the jurisdiction of the United States is 
    authorized only for yellowfin or bigeye tuna measuring 27 inches (69 
    cm) or more in total curved fork length.
    * * * * *
    [FR Doc. 96-10247 Filed 4-22-96; 4:21 pm]
    BILLING CODE 3510-22-P
    
    

Document Information

Published:
04/25/1996
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; request for comments.
Document Number:
96-10247
Dates:
Comments are invited and must be received on or before May 28, 1996. See SUPPLEMENTARY INFORMATION for dates, times, and locations of public hearings.
Pages:
18366-18370 (5 pages)
Docket Numbers:
Docket No. 960416112-6112-01, I.D. 030896D
RINs:
0648-AI29: 1996 Atlantic Tuna Fisheries Quotas and Effort Controls
RIN Links:
https://www.federalregister.gov/regulations/0648-AI29/1996-atlantic-tuna-fisheries-quotas-and-effort-controls
PDF File:
96-10247.pdf
CFR: (9)
50 CFR 285.28(a)
50 CFR 285.22(i)
50 CFR 285.21
50 CFR 285.22
50 CFR 285.24
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