[Federal Register Volume 62, Number 108 (Thursday, June 5, 1997)]
[Rules and Regulations]
[Pages 30741-30746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14630]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 285
[Docket No. 960816226-7124-03; I.D. 111396A]
RIN 0648-AJ04
Atlantic Tuna Fisheries; Regulatory Adjustments
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: Divide the large school-small medium size class quota and
the large medium-giant quotas of Atlantic bluefin tuna (ABT) Angling
category into north and south regional subquotas; establish a new tuna
permit program to provide for category changes, annual renewals, and
the collection of fees; require 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; and
prohibit fishing for ABT by persons aboard vessels permitted in the
General category on designated restricted-fishing days. The regulatory
amendments are necessary to achieve domestic management objectives for
the Atlantic tuna fisheries.
DATES: Effective June 16, 1997.
ADDRESSES: Copies of supporting documents, including an Environmental
Assessment and 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.
Comments regarding the collection-of-information requirement
contained in this rule should be sent to Rebecca Lent, Chief, Highly
Migratory Species Division and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Washington,
DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: 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).
Background information about the need for revisions to Atlantic
tunas fishery regulations was provided in the preamble to the proposed
rule (62 FR 9726, March 4, 1997) and is not repeated here. These
regulatory changes will improve NMFS' ability to achieve domestic
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 HMS 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).
Angling Category
In this final rule, the large school-small medium and large medium-
giant ABT Angling category quotas are subdivided, allocating 53 percent
of landings to the northern region and 47 percent to the southern
region. Subdividing the quotas serves to minimize impacts on northern
fisheries and increases the temporal and geographic scope of scientific
monitoring. The effect of this measure has been included in the
proposed ABT 1997 quota specifications (62 FR 19296, April 21, 1997).
General Category
This final rule prohibits persons aboard vessels permitted in the
General category from retaining ABT less than the large medium size
class. This action effectively separates the commercial and
recreational fisheries, with the exception of charter/headboats.
Anglers aboard vessels permitted in the Charter/Headboat category may
collectively 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 will determine the
fishing category of the vessel, and the applicable catch limits, for
that day. This action will not be effective until 1998 to provide time
for all vessel owners to change permit categories.
Additionally, this rule prohibits persons aboard vessels permitted
in the General category from fishing for, catching, retaining, or
landing large medium or giant ABT on designated restricted-fishing
days. As explained below, the prohibition has been modified from the
proposed rule, which would have prohibited all fishing for any fish
species on restricted fishing days. Fee-paying anglers aboard vessels
permitted in the Charter/Headboat category may fish only under the
Angling category rules on designated restricted-fishing days.
Permits and Catch Reporting
This rule revises the Atlantic tunas permit and reporting program
to provide for annual permit renewals, collection of fees, and
mandatory reporting for ABT landed under the Angling category. Under
the new permit system, reissued 1997 tuna permits are required for all
permit holders, regardless of the date of expiration indicated on
current permits. Vessel owners holding valid Atlantic Tunas permits
issued prior to January 1, 1997 must obtain a renewal permit through
the automated system by September 1, 1997 and may fish under the old
permit only until that date.
Beginning in calendar year 1997, a fee is assessed to recover the
administrative costs of permit issuance. The permit fee has been
established according to the NOAA schedule for recovery of
administrative costs. All new permit applications, renewals and
requests for category changes must be made under the automated system.
Recorded information and instructions on the automated permit system
can be obtained by phone (toll-free, 1-888-USA-TUNA) or over the
internet (http://www.usatuna.com).
The automated system implemented for the permit program will also
provide
[[Page 30742]]
for automated catch reporting by telephone. Angling, Charter/Headboat,
and General category permit holders will be notified of applicable
reporting procedures for 1997. Additional reporting procedures under
consideration in cooperation with individual states may involve catch
reports by tagging fish, using punch cards or requiring fish to be
reported at designated check-in stations. Improvements in quota
monitoring are necessary to meet ICCAT obligations and domestic
management objectives.
Finally, this rule revises the provisions for tag and release
fishing for ABT. Current regulations allow for catch and release
fishing for ABT after fishery closures provided that fish are tagged
and that NMFS-approved tagging kits are on board the participating
vessel. This rule would restrict such catch-and-release activity to
persons aboard vessels permitted in the Atlantic tuna fisheries.
Requiring vessel permits in addition to tagging kits recognizes that
these situations are in fact directed fisheries for ABT, and
facilitates enforcement of ABT regulations and collection of catch and
effort information.
Changes From the Proposed Rule
Based on consideration of comments received, several changes were
made to the proposed rule. The prohibition on fishing by persons aboard
vessels permitted in the General category on designated restricted-
fishing days has been redefined to prohibit fishing for ABT only, as
opposed to restricting all fishing activity for any species. Because a
considerable number of General category permit holders have already
renewed permits that expired in the first quarter of 1997, and a
significant number of these vessel owners may elect to switch to the
Angling category under the new catch limit rules, the prohibition on
retaining small ABT by General category vessels is delayed until
January 1, 1998. However, this delay in effectiveness does not apply to
the prohibition on fishing for or retention of ABT by persons aboard
General category vessels on restricted-fishing days. Finally, the
proposed prohibition on the use of aircraft to assist fishing vessel
operators in the location and capture of ABT, with the exception of
purse seine vessels, is still under consideration by NMFS and is not
addressed by this action.
NMFS issued an interim final rule (62 FR 27518, May 20, 1997) to
suspend, for 1997 only, the deadline for Atlantic tunas permit category
changes in order to provide vessel owners the opportunity to consider
changes after the effective dates of the 1997 final rules and quota
specifications. Vessel owners will be notified of the last date to
effect permit category changes after all relevant final rules are
issued.
Comments and Responses
NMFS conducted four public hearings on the proposed rule and
received written and oral comments over a 30-day comment period.
Responses to major comments are provided below.
North and South Regional Subquotas
Comment: Many fishery participants expressed concern that further
division of the Angling category size classes amounts to the creation
of a ``new'' fishery (the Hatteras winter ABT fishery).
Response: ABT catch has been occurring off North Carolina for many
years, although more intensely over the past few years, and the fishery
provides an excellent opportunity for expanding the scientific
monitoring of ABT through intensive tagging and sampling programs.
Subdividing the quota serves to minimize impacts on northern fisheries
and increases the scope of scientific monitoring both in time and
location.
Comment: North Carolina charterboat operators requested that a
portion of the Angling quota be set aside for the Hatteras fishery.
Response: Due to the difficulty of monitoring small area subquotas
in a precise and timely manner, and the problem of accounting for
underharvest or overharvest if initial catch projections are later
found to be inaccurate, NMFS rejected the option of separate quotas for
each state or small area. Instead, NMFS has divided the large school-
small medium and large medium-giant size class Angling category quotas
into North and South regional subquotas as was done in 1992 for school
bluefin.
New Permit Program
Comment: Some commenters opposed annual permitting and the
requirement to renew old permits that have not yet expired.
Response: Annual permitting is a key element in improving the
monitoring of the ABT recreational fishery as well as the commercial
component. An accurate permit database is an integral part of NMFS'
commitment to improve ABT catch monitoring.
Comment: Numerous comments were received in opposition to the
permit fee. Some stated that the money should be used to fund tuna
management as is done with other fish and wildlife permit fees.
Response: Administrative cost recovery is NOAA policy and the fee
is calculated to recover the costs of the automated permit and
reporting system. Under current law, these funds cannot be dedicated to
NMFS programs but must be deposited into the General Fund of the United
States Treasury.
Comment: The Director of the New Jersey Division of Fish, Game, and
Wildlife submitted a comment questioning NMFS' authority to require an
$18 license for recreational Atlantic tuna fishing on the basis that
this action would preclude state efforts to implement a license system
in territorial waters.
Response: NMFS is authorized to charge fees for permits issued to
participants in fisheries conducted in the U.S. exclusive economic
zone. Following the procedures set forth under section 971g(d) of ATCA,
the Assistant Administrator (AA) determined that provisions of 50 CFR
part 285 apply within the territorial sea of Atlantic coast and Gulf of
Mexico States, including New Jersey (Sec. 285.1(d)). Each State was
notified of this determination and afforded the opportunity for a
public hearing. Should any State implement a permit system that
adequately provides for ABT quota monitoring, NMFS could consider
exempting those licensees from the federal permit requirement.
Self-Reporting
Comment: Several commenters expressed reservations on the
effectiveness of self-reporting systems. Others stated that it is
redundant with the current Large Pelagic Survey (LPS) and charter/
headboat logbooks. Some commenters believe that there will be no
incentive for anglers to report their catch.
Response: A call-in system is a logical extension of the new
automated permitting system and redundancy with the LPS (estimated at
20 percent overlap) is necessary for validation of catch reports.
Duplication with logbooks is unavoidable, since those reporting
requirements are derived from other FMPs and are not universal or
timely relative to tuna catch monitoring. NMFS is currently working
with the states under the Atlantic Coast Cooperative Statistics Program
to reduce duplication of reporting programs.
Comment: While the recreational constituency has expressed support
for self-reporting systems, some are concerned that other methods
(e.g., tags, cards, check-in stations) are not being tested and that
without pilot studies a ``buy-in'' by rank-and-file anglers will be
impossible.
[[Page 30743]]
Response: In responding to constituent concerns regarding the
accuracy of ABT catch monitoring and premature closures, the telephone
reporting system is the most expedient solution for 1997. NMFS, in
consultation with the Atlantic Tunas Advisory Panel to be formed under
the requirements of the Magnuson-Stevens Fishery Conservation and
Management Act, may consider other options based on the results of the
1997 fishing season telephone reports.
General Category Prohibitions
Comment: Opposition to the no-fishing definition of a restricted
day was nearly universal. Many General category tuna permit holders
participate in other commercial fisheries, and it was argued that this
proposal would have a significant adverse economic impact when
considering effort controls already in effect for other commercial
fisheries.
Response: NMFS agrees that the proposal to prohibit all fishing
would preclude fishing for other species on restricted-fishing days.
Therefore, the regulation has been modified to allow fishing on other
species from General category vessels on restricted days, but to
prohibit catch-and-release fishing for ABT or the retention of ABT on
restricted days. This absolute prohibition on retention of ABT is
necessary to effectively enforce restricted-fishing days as well as
closures.
Comment: Some fishery participants, particularly those from the
Mid-Atlantic area, objected to the prohibition on retention of small
ABT by General category vessels. Fishermen in some areas alternately
target large or small ABT depending on weather conditions and
availability of fish.
Response: Allowing fishing for school ABT makes enforcement of
General category rules, particularly restricted-fishing days and daily
catch limits, more difficult and has diminished the effectiveness of
the effort controls. In addition, it is difficult to monitor the
Angling category quota when General category vessels are included in
the sample frame for the telephone and dockside surveys. Separation of
the two fishing categories is necessary to address these concerns about
quota monitoring and effective effort controls. Giant ABT could still
be landed by Angling category vessels under the trophy fish subquota,
though these fish cannot be sold. Additionally, Charter/Headboat
operators will be allowed to target either school ABT or commercial
size classes, reflecting the particular needs of these enterprises. Due
to concern for vessel owners who may have already renewed permits for
1997 but would consider a different category under these rules, the
effective date of this measure will be delayed until 1998.
Classification
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere has delegated
authority to sign material for publication in the Federal Register to
the AA.
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 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 division of the Angling category ABT quota into regional subquotas,
changes in the Atlantic tunas permitting program, establishment of an
Angling category self-reporting system, and prohibition on fishing for
ABT and on retention of ABT under 73 inches by vessels permitted in the
General category, as established by this final rule, are measures that
will not have a significant economic impact on a substantial number of
businesses. No comments were received that changed the basis for the
certification. Therefore, no Regulatory Flexibility Analysis was
prepared.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid Office of Management and Budget Control
Number.
This final rule implements new collections and restates or revises
existing collection-of-information requirements subject to OMB review
under the PRA. Atlantic tuna vessel permits required under
Sec. 285.21(a) had previously been approved under OMB Control Number
0648-0202 and were estimated at 30 minutes per permit action. Vessel
reporting and recordkeeping requirements for commercial vessels under
Sec. 285.54 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 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 these permitting and reporting requirements have been
approved by OMB for the indicated fisheries, this rule modifies or
extends these information collections. First, the new annual 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. The new annual permit program has been approved
by OMB under Control Number 0648-0327. 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 under OMB Control Number 0648-0016. Purse seine,
harpoon or handgear vessels could be affected, but NMFS must first
develop a statistical sampling program. NMFS would request OMB approval
prior to selecting vessels from these categories. Finally, ABT catch
reporting by recreational anglers will 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,
when fully implemented, will increase the number of respondents. The
direct reporting program has been approved by OMB under Control Number
0648-0328.
NMFS has determined that there is good cause to waive partially the
30-day delay in the effective date normally required by section 553(d)
of the Administrative Procedure Act. Since the Angling category fishery
is underway, early implementation of the annual permitting program will
ensure effective implementation of the mandatory reporting system,
enabling NMFS to monitor the ABT Angling category catch and effect a
fair distribution of fishing opportunities. Implementation of the
division of the large school-small medium and the large medium-giant
size class quotas of ABT will improve scientific data collection over
all regions
[[Page 30744]]
and the entire fishing season. Given NMFS' ability to rapidly
communicate these rule changes to fishing interests through the FAX
network and NOAA weather radio, a 14 day notice is deemed sufficient.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: May 30, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR chapter IX and 50
CFR chapter II are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b), the table, is amended by removing
in the left column under 50 CFR, the entries ``285.21,'' ``285.29,''
``285.53,'' and ``285.54'' and in the right column, in corresponding
positions, the control numbers ``-0202,'' ``-0239,'' ``0168,'' and ``-
0239'', and by adding, in numerical order, the following entries to
read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
CFR part or section where the
information collection requirement is Current OMB control number (all
located numbers begin with 0648-)
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
285.21.............................. -0327.
* * * * *
285.29.............................. -0239 and -0328.
* * * * *
285.54.............................. -0016.
* * * * *
50 CFR Chapter II
------------------------------------------------------------------------
PART 285--ATLANTIC TUNA FISHERIES
3. The authority citation for part 285 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.
4. In Sec. 285.2, the definition for ``Restricted-fishing day'' is
added to read as follows:
Sec. 285.2 Definitions.
* * * * *
Restricted-fishing day means a date, beginning at 0001 hours and
ending at 2400 hours, after the commencement date of the General
category fishing season and before the effective date of fishery
closure on attaining the annual or subperiod quota, designated by the
Director under Sec. 285.24(a) upon which no fishing for, possession or
retention of Atlantic bluefin tuna may be conducted by persons aboard
vessels permitted in the Atlantic tunas General category.
* * * * *
5. In Sec. 285.21, paragraphs (c), (d), (e), (g), (k) and (l) are
revised to read as follows:
Sec. 285.21 Vessel permits.
* * * * *
(c) Application procedure. A vessel owner applying for a permit
under 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) 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.
(2) Applicants must also submit a copy of the official state
registration or United States Coast Guard documentation, charter/
headboat license, and, if a boat is owned by a corporation or
partnership, the corporate or partnership documents (copy of
Certificate of Incorporation and Articles of Association or
Incorporation), along with the names of all shareholders owning 5
percent or more of the corporation's stock.
(3) 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 (j) of this section.
(4) 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,
reports, information, sworn statements and supporting documentation
have been received.
(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 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.
* * * * *
(g) 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 (k) of this section, may be charged for
issuance of the replacement permit.
* * * * *
(k) 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.
(l) Change in application information. Within 15 days after any
change in the information contained in an application submitted under
this section, the vessel owner 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
[[Page 30745]]
fee. Permittees will be notified of such requirements, if applicable,
when reporting changes. In case of failure to report changes, the
permit shall be void as of the sixteenth day after a change in the
permit information should have been reported as found in an action
under 15 CFR part 904.
* * * * *
6. In Sec. 285.24, paragraph (a)(1) is revised, the phrase ``For
calendar year 1997,'' is added at the beginning of paragraph (a)(4),
and paragraph (e) is 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 this
part. On designated restricted-fishing days, persons aboard such
vessels may not fish for, possess or retain Atlantic bluefin tuna. NMFS
will publish in the Federal Register a schedule of designated
restricted-fishing days applicable for that fishing season.
* * * * *
(4) For calendar year 1997, * * *
* * * * *
(e) Charter/Headboat category. (1) Persons aboard vessels for which
a Charter/Headboat category permit has been issued under this part 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)(1) of this section, or the
Angling category quota, if landed under paragraph (d)(2) of this
section.
(2) When commercial fishing by vessels for which General category
permits have been issued under this part is authorized, except when
fishing in the Gulf of Mexico, operators of vessels for which a
Charter/Headboat category permit has been issued under this part 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 this part must cease
fishing and the vessel must proceed to port. Large medium or giant ABT
landed under this paragraph (e)(2) may be sold.
(3) 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 this part 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 (d)(2) 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.
(4) At any time when fishing in the Gulf of Mexico, operators of
vessels for which Charter/Headboat category permits have been issued
under this part may not fish for, catch, retain or possess bluefin tuna
except that large medium and giant Atlantic 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 (d)(2) 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.
7. In Sec. 285.27, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 285.27 Tag and release program.
(a) Notwithstanding other provisions of this part, a person aboard
a vessel permitted under this part, 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. * * *
* * * * *
8. In Sec. 285.29, the heading is revised, the introductory text is
removed, the phrase ``Any person issued a dealer permit under
Sec. 285.28'' is added at the beginning of paragraphs (a), (b)
introductory text, (c) and (d), and paragraph (f) is added, to read as
follows:
Sec. 285.29 Recordkeeping and reporting.
(a) Any person issued a dealer permit under Sec. 285.28 * * *
(b) Any person issued a dealer permit under Sec. 285.28 * * *
(c) Any person issued a dealer permit under Sec. 285.28 * * *
(d) Any person issued a dealer permit under Sec. 285.28 * * *
* * * * *
(f) Beginning July 1, 1997 anglers are required to report directly
to NMFS all ABT landed under the Angling category quota. Permittees
will be notified by the Director of the applicable reporting
requirements and procedures. Alternative reporting procedures may 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 these alternative reporting programs.
9. In Sec. 285.31, paragraphs (a)(4) and (a)(37) are revised and
paragraph (a)(39) is added 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, except that fish
may be caught and released under the provisions of Sec. 285.27.
* * * * *
(37) 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. 285.21, or a permit for the Purse Seine category under Sec. 285.21
as authorized under Sec. 285.23(d), or, for calendar year 1997, a
permit for the General category under Sec. 285.21.
* * * * *
(39) For owners or operators of General category permitted vessels,
and persons aboard vessels permitted in the
[[Page 30746]]
General category under Sec. 285.21, to fish for, catch, possess, or
retain, or to attempt to fish for, catch, possess, or retain Atlantic
bluefin tuna on designated restricted-fishing days.
* * * * *
10. In Sec. 285.54, the heading and paragraph (a) are revised to
read as follows:
Sec. 285.54 Vessel recordkeeping and reporting.
(a)(1) Logbooks. If selected and so notified in writing by the
Director, the owner and/or operator of a vessel for which a permit has
been issued under Sec. 285.21 or Sec. 285.53, 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.
Such forms must be submitted to the Science and Research Director
postmarked not later than the seventh day after sale of the fish
offloaded from a trip. If no fishing occurred during a month, a report
so stating must be submitted in accordance with instructions provided
with the forms.
(2) Tally sheets. The owner and/or operator of a vessel for which a
permit has been issued under Sec. 285.21 or Sec. 285.53, 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. Each tally sheet must show the
dealer to whom the fish were transferred, the date they were
transferred, and the carcass weight of each fish for which individual
carcass weights are normally recorded. For species not individually
weighed, tally sheets must record total weights by market category.
Copies of tally sheets must be submitted with the logbook forms
required under paragraph (a)(1) of this section.
* * * * *
[FR Doc. 97-14630 Filed 6-2-97; 11:42 am]
BILLING CODE 3510-22-W
