[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Rules and Regulations]
[Pages 35107-35109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16964]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 970401075-7141-02; I.D. 121296A]
RIN 0648-AJ69
Atlantic Tuna Fisheries; Annual Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS amends the regulations governing the Atlantic tuna
fisheries to set Atlantic bluefin tuna (ABT) fishing category quotas
for the 1997 fishing year. The regulatory amendments are necessary to
implement the 1996 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.
DATES: The rule is effective June 25, 1997.
ADDRESSES: Copies of supporting documents, including an Environmental
Assessment-Regulatory Impact Review (EA/RIR), are available from,
Rebecca Lent, Chief, Highly Migratory Species Management Division,
Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West Highway,
Silver Spring, MD 20910-3282.
FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, or Mark
Murray-Brown, 508-281-9260.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under the authority of the ATCA. ATCA authorizes the Secretary of
Commerce (Secretary) to issue regulations as may be necessary to carry
out the recommendations of ICCAT. The authority to issue regulations
has been delegated from the Secretary to the Assistant Administrator
for Fisheries, NOAA (AA).
At its 1996 meeting, ICCAT recommended that the Contracting Parties
whose vessels have been actively fishing for bluefin in the western
Atlantic institute a scientific monitoring quota of 2,354 mt each year
for 1997 and 1998. When allocating the U.S. share of 1344.4 mt for
1997, NMFS takes into consideration the contribution of each fishing
category to catch-per-unit-effort (CPUE) indices for the purposes of
stock assessment. However, NMFS also considers the effect of
allocations on the traditional user groups and takes into account
recent trends in fishing fleet activity.
Background information about the need for revisions to Atlantic
tunas fishery regulations was provided in the preamble to the proposed
rule (62 FR 19296, April 21, 1997) and is not repeated here. These
regulatory changes will improve NMFS' ability to implement the ICCAT
recommendations and further the management objectives for the Atlantic
tuna fisheries.
Relation to Proposed Consolidation
The regulatory amendments contained in this final rule were
originally written to be consistent with a proposed rule consolidating
all regulations pertaining to Atlantic highly migratory species under
50 CFR part 630 (61 FR 57361, November 6, 1996). A final rule
consolidating the regulations has not yet been issued. Thus, for the
Atlantic tunas regulations contained in this final rule to be effective
prior to the consolidation, they must be written to conform with
existing text at 50 CFR part 285. The regulatory amendments contained
in this final rule will eventually be incorporated into the final
consolidated regulations at 50 CFR 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).
Fishing Category Quotas
No changes have been made to the proposed quotas. The ABT fishing
category quotas for the 1997 fishing year are as follows: General
category--633 mt; Harpoon Boat category--53 mt; Purse Seine category--
250 mt; Angling category--265 mt; Incidental category--110 mt; and
Reserve--33 mt.
The Angling category quota is subdivided as follows: No more than 6
mt may be large medium or giant ABT and no more than 108 mt may be
school ABT. The quota for school ABT is further subdivided as 51 mt for
the southern area and 57 mt for the northern area. The 151 mt of large
school/small medium ABT is further subdivided as 71 mt for the southern
area and 80 mt for the northern area.
The Incidental category quota is subdivided as follows: 86 mt to
longline vessels operating south of 34 deg. N. lat.; 23 mt to longline
vessels operating north of 34 deg. N. lat.; and 1 mt to fishermen using
traps, fixed gear, and purse seines in the non-tuna fisheries. Although
this final rule establishes a 1997 quota of 1 mt for the Incidental
Other category, a catch of
[[Page 35108]]
1.46 mt in this category resulted in a closure effective January 17,
1997 (62 FR 3490, January 23, 1997). This final rule does not alter
that quota and the closure for the Incidental Other category remains in
effect until December 31, 1997.
Comments and Responses
Comment: Many fishery participants supported the increased
allocation to the Angling and General categories based on increased
participation rates and the usefulness of scientific data obtained.
Other comments requested that the number of permit holders rather than
past quota levels be the basis for reallocation of the Reserve.
Response: NMFS agrees that participation in the General and
Angling categories has increased in recent years and has resulted in
early closures for these categories. Because of the reliance on the
large fish and small fish CPUE indices for stock assessment, the
General and Angling category fisheries should be kept open as long as
possible to achieve high survey sampling rates over the widest possible
geographic area. Also, NMFS, in response to recommendations from the
National Research Council, has increased scientific sampling, working
with outside organizations in conducting genetic studies,
microconstituent analysis, sexual maturity determination, tagging
studies, and age and growth studies. For these reasons, NMFS has
reallocated the 145 mt that had been in the 1995 Reserve to the Angling
and General categories. A total reserve of 33 mt will allow NMFS to
transfer tonnage to keep fisheries open for the longest period possible
to maximize scientific data collection. The criteria for such inseason
transfers are stipulated in the regulations and are not changed by this
rule.
Comment: Many commenters expressed concern that an increase of
Angling category quota would increase the take of small fish, thus
increasing fishing mortality. Others commented that NMFS should not
``reward'' the Angling category participants, who have exceeded their
quota in the last 2 years, with an increase in quota.
Response: As recommended by ICCAT, NMFS regulations limit the take
of school size ABT to 8 percent by weight of the total domestic quota.
Therefore, the amount of school size fish available is not directly
related to the Angling category allocation. The Angling category is the
only source of small fish CPUE data for stock assessment. In addition,
the recreational fishery is of significant socioeconomic importance.
Comment: NMFS received hundreds of form letters requesting that the
Purse Seine category quota be reduced to 125 mt in order to provide
greater opportunities for the thousands of fishermen in the Angling and
General categories, to provide improved scientific monitoring of ABT,
to protect the businesses that support the Angling and General
categories, and to provide the greatest economic benefit to the
American public. NMFS received several similar comments from fishermen
requesting that NMFS reduce the Purse Seine category quota to more
``fairly and equitably'' allocate the 1997 quota. Others added that the
handgear sector of the fishery provides broader scientific data over a
greater geographic area than the Purse Seine sector and that it was the
recreational community that initiated the archival tagging program this
year.
Response: NMFS has decided that reallocation issues warrant further
consideration by the Atlantic Tunas Advisory Panel (AP) to be created
as required under the Magnuson-Stevens Fishery Conservation and
Management Act. The AP, required by law to be of balanced
representation, would consider comments submitted under these proposed
specifications and will discuss reallocation schemes and provide
additional opportunities for public comment. For this reason, NMFS
intends to use the AP for further discussion and recommendations to the
agency, and makes no immediate change to the Purse Seine category
quota.
Comment: Several Purse Seine industry members requested that NMFS
reallocate some of the available quota for 1997 to the Purse Seine
category, in light of the 51 mt reduction in 1995. NMFS received
comments that the Purse Seine fishery contributed to the establishment
of the historical U.S. share of the western Atlantic quota (52
percent), and that in the 1960's and 1970's, purse seiners tagged
thousands of juvenile fish for scientific monitoring.
Response: The 1992 allocations were established based on historical
share of the U.S. catch for the preceding 10 years. In 1995, 51 mt were
transferred out of the Purse Seine category quota in order to provide
further data for scientific monitoring. As mentioned above, NMFS
intends to use the AP for further consideration of ABT allocation
schemes.
Comment: NMFS received comments that the Reserve should be
allocated to fishing categories at the beginning of the fishing season.
Response: This year, NMFS greatly reduced the amount held in the
Reserve, given existing and recently implemented quota monitoring
measures for the commercial and recreational categories, respectively.
NMFS maintains, however, that a base amount of quota should be reserved
until later in the season, should any inseason adjustments be necessary
to ensure that the 1997 quota set by ICCAT is not exceeded.
Comment: NMFS received comments from recreational interests that
there is a history of rod and reel fishing back to the early 1900s for
the New York Bight area and south and that allocations should be based
on real history and scientific monitoring standards.
Response: The 1992 baseline quotas were established to reflect
recent trends in catch and effort as evidenced from 1983 to 1990. In
establishing quotas, NMFS has endeavored to balance historical
allocation with the requirements to reduce the catch of small fish,
rebuild the western ABT stock, and obtain the most useful scientific
information from the fish that are harvested.
Comment: Several commenters requested that NMFS allocate a late-
season (November-December) General category set-aside to North Carolina
in order to provide commercial and charterboat fishermen in that area
access to the fishery at a time when no other scientific data are
collected and to eliminate conflict between General and Angling
categories.
Response: In 1991, at the request of North Carolina fishermen, NMFS
requested comment on a change in the General category season
commencement date (56 FR 20183, May 2, 1991). The fishermen contended
that they were precluded from an opportunity to fish for and retain
giant ABT because the season begins after giant ABT migrate from the
area. These fishermen argued that their low level of catch would not
result in early harvest of the General category quota, which had not
been fully harvested for several years. NMFS responded that opening the
ABT fishery to non-traditional areas would be contrary to sound
conservation and management, unless the action were counter-weighted by
an equivalent reduction in another sector (e.g., allowing the harvest
of giant ABT instead of small ABT) (57 FR 371, January 6, 1992).
Since that time, fishing conditions have changed markedly and the
General category quota has been fully utilized. In fact, the quota has
become so restrictive relative to fishery participation that effort
controls have been established. Also, in the last few years, winter
catch rates off North Carolina have risen dramatically. While
[[Page 35109]]
increased Angling category participation in the winter fishery has
provided additional collection of scientific information, NMFS
continues to be concerned that high catch rates in the General category
would cause a significant shift in the fishery to a non-traditional
area.
Comment: Several Harpoon category members requested a proportional
share of the proposed allocation of quota from the Reserve. These
commenters disagree that harpoon catch data have not been incorporated
into any useful index of abundance and add that harpooners have
contributed to the NMFS tagging program since 1977.
Response: NMFS agrees that data collected from the Harpoon category
participants are useful, e.g., bluefin biological sampling and tagging.
However, because catch rates are strongly influenced by weather and sea
conditions, and because many harpooners use spotter aircraft to assist
in the location of fish, it is difficult to standardize CPUE from the
harpoon fishery. Although Harpoon fishery data could potentially be
incorporated into an index of abundance, given the difficulties in
standardization of effort, such an index would be less reliable than
the existing rod and reel based index which covers a larger number of
years, fishing areas, and size classes.
Comment: Some comments were received requesting additional
Incidental category quota in order to minimize dead discards, as
recommended by ICCAT. One commercial organization suggested allocating
a portion of the Reserve to the Incidental category to develop a
biological database that will provide useful information. Others
opposed any increase, stating that additional Incidental quota
encourages a directed fishery for ABT rather than reducing discards.
Response: The Incidental category has not filled its quota in the
past several years; the constraint to date has been the target catch
requirements rather than the actual quota. NMFS is analyzing logbook
and observer data in order to consider possible regulatory amendments,
if found to be consistent with ICCAT recommendations, to modify target
catch requirements for landing ABT by longline, or to make other
adjustments in order to minimize dead discards.
Classification
This rule is published under the authority of ATCA, 16 U.S.C. 971
et seq. The AA has determined that the regulations in this final rule
are necessary to implement the ICCAT recommendation and are necessary
for management of the Atlantic tuna fisheries.
NMFS prepared an EA for this final rule with a finding of no
significant impact on the human environment. In addition, an RIR was
prepared with a finding of no significant impact. The Assistant General
Counsel for Legislation and Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that the proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The fishing category allocations, as established by this final rule,
are measures that will not have a significant economic impact on a
substantial number of businesses. Therefore, no Regulatory Flexibility
Analysis was prepared.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS has determined that there is good cause to waive the 30-day
delay in the effective date normally required by 5 U.S.C. 553(d). This
rule imposes no requirements with which a fisherman would have to come
into compliance. It merely establishes quotas for the fishing season.
As such, it is unnecessary to delay the effective date of the quotas.
NMFS will rapidly communicate these rule changes to fishing interests
through the FAX network and NOAA weather radio.
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: June 24, 1997.
C. Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 285 is amended
as follows:
PART 285--ATLANTIC TUNA FISHERIES
1. The authority citation for part 285 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.
2. In Sec. 285.22, paragraphs (a)(1), (c), (d), 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.
* * * * *
(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 Seine
category under Sec. 285.21(b) is 250 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 265 mt. No more than 6 mt of this quota may be large medium
or giant bluefin tuna quota and no more than 108 mt of this quota may
be school Atlantic bluefin tuna. The size class subquotas for Atlantic
bluefin tuna are further subdivided as follows:
(1) 51 mt of school, 71 mt of large school or small medium, and 4
mt of large medium or giant Atlantic bluefin tuna may be caught,
retained, possessed, or landed south of 38 deg.47' N. lat.
(2) 57 mt of school, 80 mt of large school or small medium, and 2
mt of large medium or giant Atlantic bluefin tuna may be caught,
retained, possessed, or landed north of 38 deg.47' N. lat.
* * * * *
(f) Reserve. The total amount of Atlantic bluefin tuna that will be
held in reserve for inseason adjustments and fishery independent
research is 33 mt. * * *
* * * * *
[FR Doc. 97-16964 Filed 6-25-97; 9:18 am]
BILLING CODE 3510-22-F
