[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38939-38941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19046]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 970626157-7176-01; I.D. 041697C]
RIN 0648-AJ65
Atlantic Tuna Fisheries; Atlantic Bluefin Tuna Effort Controls
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) General category effort
controls for the 1997 fishing year. The regulatory amendments are
necessary to achieve domestic management objectives.
DATES: Effective July 15, 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: Sarah McLaughlin, 301-713-2347, or Pat
Scida, 508-281-9260.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under the authority of the Atlantic
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Tunas Convention Act (ATCA), 16 U.S.C. 971 et seq. The ATCA authorizes
the Secretary of Commerce (Secretary) to issue regulations as may be
necessary to carry out the recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT). The
authority to issue regulations to carry out 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 36040, July 3, 1997) and is not repeated here. These
regulatory changes will improve NMFS' ability to further the management
objectives for the Atlantic tuna fisheries.
Quota Subdivision
In this final rule, the 1997 General category quota is split, based
upon historical catch patterns (1983-96), into three subquotas and
distributed as follows: 60 percent for June-August, 30 percent for
September, and 10 percent for October-December. These percentages are
applied only to 623 metric tons (mt) out of the total General category
quota of 633 mt. The remaining 10 mt is reserved for the New York Bight
fishery in October. Thus, of the 623 mt, 374 mt is available in the
period beginning June 1 and ending August 31, 187 mt is available in
the period beginning September 1 and ending September 30, and 62 mt is
available in the period beginning October 1 and ending December 31.
When the October through December period General category catch is
projected to have reached 62 mt, NMFS will set aside the remaining 10
mt for the New York Bight only. Upon the effective date of the New York
Bight set-aside, fishing for, retaining, or landing large medium or
giant ABT is prohibited in all waters outside the set-aside area.
Attainment of the subquota in any fishing period will result in a
closure until the beginning of the following fishing period, whereupon
any underharvest or overharvest will be carried over to the following
period, with the subquota for the following period adjusted
accordingly. Announcements of inseason closures will be filed with the
Office of the Federal Register, stating the effective date of closure,
and further communicated through the Highly Migratory Species (HMS) Fax
Network, the HMS Information Line, NOAA weather radio, and Coast Guard
Notice to Mariners. Although notification of closure will be provided
as far in advance as possible, fishermen are encouraged to call the HMS
Information Line to check the status of the fishery before leaving for
a fishing trip. The phone numbers for the HMS Information Line are
(301) 713-1279 and (508) 281-9305. Information regarding the Atlantic
tuna fisheries is also available through Nextlink Interactive, Inc., at
(888) USA-TUNA.
The New York Bight area is redefined as the area comprising the
waters south and west of a straight line originating at a point on the
southern shore of Long Island at 72 deg.27' W. long. (Shinnecock Inlet)
and running SSE 150 deg. true, and north of 38 deg.47' N. lat.
Restricted-Fishing Days
NMFS also establishes the 1997 schedule of restricted-fishing days
for vessels permitted in the General category. In 1996, the restricted-
fishing days followed the pattern of Sunday, Monday, and Tuesday (with
some exceptions for market closures and holidays) from mid-July to mid-
September. This rule reflects the restricted-fishing days mutually
agreed upon by associations representing General category fishermen and
dealers for July and August, and specifies restricted-fishing days for
September in order to lengthen the General category fishery. Persons
aboard vessels permitted in the General category are prohibited from
fishing (including tag and release fishing) for ABT of all sizes on the
following days for the 1997 season: July 16, 17, 23, and 30; August 6,
10, 11, 12, 17, 20, 24, and 27; and September 1, 3, 6, 7, 10, 11, 14,
17, 19, 21, 24, and 28. On these designated restricted-fishing days,
persons aboard vessels permitted in the Charter/Headboat category may
fish for school, large school, and small medium ABT only, provided the
Angling category remains open, and are subject to the catch limits in
effect.
Changes From the Proposed Rule
Based on consideration of the comments received, several changes
were made to the proposed rule. Restricted-fishing days have been added
for the fishing period beginning September 1 and ending September 30.
In addition, a southern boundary line for the New York Bight set-aside
area is established at 38 deg.47' N. lat.
Comments and Responses
NMFS conducted three public hearings on the proposed rule and
received written and oral comments over a 14-day comment period.
Responses to the comments are provided below.
Proposed Quota Subdivision
Comment: Some commenters requested that there be no quota allocated
for October-December, and that the quota allocated for that period be
redistributed to the July-August or September subquotas. Other fishery
participants supported quota for the October-December period.
Response: NMFS has established a subquota for the October-December
period for the past two seasons based on comments received in 1995 and
1996 that extending General category fishing into October could result
in the landing of higher quality bluefin and therefore could improve
prices received by fishermen. Due to the lack of agreement among
industry representatives on ways to improve this apportionment
consistent with management objectives, no change is made from the
proposed rule.
Comment: Some commenters suggested that the proposed 60 percent-40
percent quota subdivision for before and after September 1 is
inappropriate because it incorporates data from 1995 and 1996 when
effort controls were in place, thus the landings patterns were
influenced by the regulations. In addition, comments were received
stating that school and medium sized fish should not be counted in
calculating the historical average, since those fish can no longer be
sold.
Response: NMFS has re-evaluated the landings data from 1983-96, by
excluding from the analysis (1) the data from 1995 and 1996, and (2)
landings of school and medium bluefin by General category vessels
(prior to July 1992). Neither of these adjustments significantly alters
the historical proportion of landings before and after September 1.
Therefore, the quota distribution is not changed.
Comment: Many commenters supported a southern boundary for the New
York Bight set-aside area. Many fishery participants stated that the
purpose of the New York Bight set-aside was to provide for the
historical late-season General category fishery for the Mud Hole region
off New York and New Jersey. Most commenters suggested that the
boundary be established at a point in southern New Jersey.
Response: NMFS agrees that there should be a southern boundary for
the New York Bight set-aside area in order to preserve fishing
opportunities for the traditional Mud Hole fishery. The southern
boundary is set at 38 deg.47' N. lat.
General Category Restricted-Fishing Days
Comment: Most commenters requested the establishment of
[[Page 38941]]
restricted-fishing days, similar to those proposed for July and August,
for September since catch rates in that month can be extremely high.
Response: NMFS acknowledges that since September catch rates can be
high, extending restricted-fishing days into September would lengthen
the General category season. Therefore, Sundays, Wednesdays, and the
three days corresponding to Japanese market closure are established as
restricted-fishing days for September with this final rule.
Comment: Some commenters warned that effort on Labor Day (September
1) will be extremely high due to holiday fishing by part-time
fishermen, and because it is the first day of the September fishing
period, and they suggested that September 1 should be designated as a
restricted-fishing day.
Response: In order to lengthen the September fishery for commercial
bluefin fishermen, NMFS also includes September 1 as a restricted-
fishing day.
Comment: Some commenters requested additional restricted-fishing
days off for July and August.
Response: NMFS chooses to adhere to the schedule of July and August
dates mutually agreed upon by associations representing a significant
portion of General category fishermen and dealers.
Comment: Some commenters requested restricted-fishing days for the
fishing period beginning October 1.
Response: Due to the deterioration of weather conditions as the
fall progresses, and due to the fact that there was no clear agreement
among industry groups, NMFS feels that restricted-fishing days in
October are not warranted. If necessary, regulations allow for inseason
adjustments to the effort control schedule.
Classification
This rule is published under the authority of ATCA. The AA has
determined that the regulations contained 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.
Because many of the designated restricted-fishing days have been
scheduled to correspond directly to Japanese market closures, the
likelihood of extending the fishing season is increased and additional
revenues may accrue to small businesses as market prices received by
U.S. fishermen are improved. 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.
On May 29, 1997, NMFS issued a biological opinion, which concluded
that continued operation of the hand gear fisheries is not likely to
adversely affect the continued existence of any endangered or
threatened species under NMFS jurisdiction. The rule implements effort
controls similar to prior years, making minor changes in the
restricted-fishing day schedule and in period subquotas, and likely
will not increase fishing effort or shift activities to new fishing
areas. Therefore, the final rule is not expected to increase endangered
species or marine-mammal interaction rates.
The AA 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). While
this rule establishes effort controls for the General category, the
only requirements with which a fisherman would have to come into
compliance is not to fish on the restricted-fishing days or during a
closed period. While 8 of the restricted-fishing days would have fallen
within the 30-day delay in effective date period, these days have been
agreed to by General category industry representatives and are
consistent with the suggestions of affected constituents received
during the public comment period. NMFS will rapidly communicate these
dates and closures to fishing interests through the FAX network and
NOAA weather radio. As such, it is unnecessary to delay the effective
date of this rule.
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: July 15, 1997.
David L. Evans,
Deputy 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, paragraph (a)(1) and the first sentence of
paragraph (a)(3) 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 633 mt, of which 374 mt are available in the
period beginning June 1 and ending August 31; 187 mt are available in
the period beginning September 1 and ending September 30; and 72 mt are
available in the period 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 notification 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 72 deg.27' W. long. (Shinnecock Inlet) and running SSE
150 deg. true, and north of 38 deg.47' N. lat. * * *
* * * * *
3. In Sec. 285.24, paragraph (a)(1) 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. For
calendar year 1997, designated restricted-fishing days are: July 16,
17, 23, and 30; August 6, 10, 11, 12, 17, 20, 24, and 27; and September
1, 3, 6, 7, 10, 11, 14, 17, 19, 21, 24, and 28.
* * * * *
[FR Doc. 97-19046 Filed 7-15-97; 5:08 pm]
BILLING CODE 3510-22-U
