[Federal Register Volume 60, Number 144 (Thursday, July 27, 1995)]
[Rules and Regulations]
[Pages 38505-38519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18419]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 950426116-5184-02; I.D. 040495D]
RIN 0648-AG14
Atlantic Tuna Fisheries; Quotas and Permit Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to revise the regulations
governing the
[[Page 38506]]
Atlantic tuna fisheries to: Set Atlantic bluefin tuna (ABT) fishing
category quotas for the 1995 fishing year; control fishing effort in
the ABT General category; extend vessel and dealer permitting and
reporting requirements to additional Atlantic tunas fisheries; adjust
angler bag limits; and make amendments to clarify the regulations,
facilitate enforcement and improve management efficiency.
These regulatory amendments address scientific monitoring and
allocation issues in the ABT fisheries and simplify rules applicable to
recreational fishing for tunas. The permitting and reporting provisions
enhance data collection and enforcement of catch restrictions in the
Atlantic tuna fisheries and enable the United States to collect fishery
information needed by the International Commission for the Conservation
of Atlantic Tunas (ICCAT) to produce stock assessments. These actions
are necessary to begin implementation of the 1993 recommendation of
ICCAT regarding fishing effort on yellowfin tuna, and to implement the
1994 recommendation of ICCAT regarding fishing quotas for ABT, as
required by the Atlantic Tunas Convention Act (ATCA).
EFFECTIVE DATE: July 28, 1995.
ADDRESSES: Copies of the Final Environmental Impact Statement (FEIS)
and final Regulatory Impact Review/Regulatory Flexibility Analysis
(RIR/RFA), are available from Richard B. Stone, Chief, Highly Migratory
Species Management Division (F/CM4), NMFS, 1315 East-West Highway,
Silver Spring, MD 20910. Comments regarding the burden-hour estimate or
any other aspect of the collection-of-information requirement contained
in this rule should be sent to Richard B. Stone and to the Office of
Management and Budget (OMB), (0648-0040; 0648-0168; 0648-0202; 0648-
0239; 0648-0247), Attention: NOAA Desk Officer, Washington, DC 20503.
Permit applications and reporting forms are available from NMFS,
Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930-
3799; or from NMFS, Southeast Regional Office, 9721 Executive Center
Drive, St. Petersburg, FL 33702-2432.
FOR FURTHER INFORMATION CONTACT: Christopher W. Rogers, 301-713-2347;
or Kevin B. Foster, 508-281-9260.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under regulations at 50 CFR part 285 implementing the recommendations
of ICCAT and issued under the authority of ATCA, 16 U.S.C. 971 et seq.
ATCA authorizes the Secretary of Commerce (Secretary) to issue such
regulations as may be necessary to carry out the recommendations of
ICCAT. The regulatory authority of the Secretary with respect to ICCAT
recommendations has been delegated to the Assistant Administrator for
Fisheries, NOAA (AA). The AA has determined that provisions of this
final rule are necessary to implement the recommendations of ICCAT.
Purpose of Current Action
Background information about the need for revisions to Atlantic
tuna fishery regulations was provided in the notice of proposed
rulemaking (60 FR 25665, May 12, 1995) and is not repeated here.
Management Measures
These regulatory changes will improve NMFS' ability to implement
the ICCAT recommendations and further the management objectives for the
domestic tuna fisheries:
1. Quota Allocations
Initial ABT quotas by category for the 1995 fishing year are
established as follows: General category--438 mt; Harpoon Boat
category--47 mt; Purse Seine category--250 mt; Angling category--324
mt; Incidental category--125 mt; Inseason Reserve--145 mt. The quota
for the Angling category is further subdivided as follows: Southern
area school bluefin--70 mt; northern area school bluefin--80 mt; large
school/small medium bluefin--170 mt; and large medium/giant bluefin
(may not be sold)--4 mt. The quota for the Incidental category is
further subdivided as follows: Southern area longline--100 mt; northern
area longline--23 mt; and other gear--2 mt.
2. General Category Effort Controls
Monthly subquotas and effort controls are established for the ABT
General category for the 1995 fishing year. The initial 438 mt quota
for the General category is subdivided as follows: June/July--88 mt;
August--175 mt; September--131 mt; and October--44 mt. The AA may
designate a portion of the October quota for a particular geographical
area.
This rule establishes regulatory authority for the AA to control
effort in the General category fishery by designating ``no-fishing''
days. Prior to the start of each fishing season, scheduled ``no-
fishing'' days will be published in the Federal Register for a comment
period of 30 days. For calendar year 1995, this notice and comment
procedure is waived because such effort controls were discussed at
public hearings on the proposed rule. Notice is hereby given that, for
1995, scheduled days on which no large medium or giant ABT may be
retained by persons on board vessels permitted in the General category
are: July 30, and 31; August 2, 6, 7, 10, 11, 12, 16, 20, 21, 23, 27,
28, and 30; and September 5, 6, 10, 11, 13, 17, 18, 20, 24, 25, and 27.
A designated ``no-fishing'' day may be waived if the AA determines that
such effort control is impeding attainment of the monthly quota. If
applicable, a notice of such waiver will be filed with the Office of
the Federal Register a minimum of 5 days in advance of the scheduled
``no-fishing'' day.
3. Permits and Reporting
Permits and reporting are required for all of the Atlantic tuna
fisheries. Vessels taking any Atlantic tuna for recreational or
commercial purposes and fish dealers purchasing any Atlantic tuna must
be issued appropriate permits by the Director, Northeast Region, NMFS
(Regional Director). Dealer permits for the Atlantic tuna fisheries
must be obtained by November 15, 1995. Vessel permits for the Atlantic
tuna fisheries must be obtained by November 15, 1995 for commercial
vessels including charter and headboat vessels, and by January 1, 1996
for private recreational vessels. Atlantic tunas landed by vessels
permitted in the Angling category must not be sold.
Only one category of Atlantic tunas permit may be issued for a
vessel. Persons on board General category vessels may fish for non-
commercial size class ABT or other species of Atlantic tunas, except
when the catch limit for commercial size class ABT has been retained or
possessed. Current vessel and dealer permittees in the ABT fishery may
fish for, sell, or purchase other species of Atlantic tunas without
need of an additional permit. Current vessel and dealer permittees in
the Atlantic shark, and Atlantic swordfish fisheries may fish for,
sell, or purchase all species of Atlantic tunas, except ABT, without
need of an additional permit. Handgear fishermen who are operating
solely in the exclusive economic zone (EEZ) surrounding Puerto Rico and
the U.S. Virgin Islands and dealers of tuna taken by handgear from
those waters are also exempt from permit requirements for the Atlantic
tuna fisheries.
Permanent consolidation of permits and ABT allocations is
authorized for owners of vessels permitted in the ABT Purse Seine
category, however, vessel operators transferring permits may not fish
with purse seines in any directed Atlantic tuna fishery.
[[Page 38507]]
4. Catch Limits
ABT recreational catch limits applicable to persons on board
vessels permitted in the Angling category are two fish per angler per
trip from among the school/large school size classes plus one fish per
vessel in the small medium size class. In addition, one fish per year
per vessel is authorized in the large medium or giant class, provided
it is reported and is not sold.
Persons on board vessels permitted in the General category or
permitted in the Charter/Headboat category may fish under the catch
limits for Atlantic tunas applicable to the Angling category. Captains
and mates on board vessels permitted in the Charter/Headboat category
may be counted as anglers for the purposes of recreational catch
limits.
Regardless of permit category, all fishing for any species must
cease and the vessel must return to port to offload once a large medium
or giant ABT is retained or possessed under regulations pertaining to
the Angling category or General category fishery, as applicable.
5. Size Limits
The minimum size for yellowfin and bigeye tuna is 22 inches (56 cm)
total fork length according to the curved measurement method.
6. Other Amendments
Other amendments to the regulations at 50 CFR part 285 are made to
restrict close approaches by purse seine vessels to other vessels
actively fishing, allow for a 10 percent per season and 15 percent per
trip incidental catch of large medium ABT by purse seine operators,
codify the allowance for purse seine vessel operators to transfer ABT
at sea, restrict issuance of letters of authorization to the Director,
redefine authorized gear for the Atlantic tuna fisheries and clarify
gear use by permit category, define commercial and recreational
fishing, redefine the curved measurement method, authorize use of
certain catch-and-release tags issued by organizations other than NMFS,
clarify the regulations pertaining to sale of small ABT and possession
by dealers, and expand the applicability of subpart C regulations to
all Atlantic tunas other than bluefin. These changes will not affect
the conduct of the tuna fisheries except to facilitate enforcement,
reduce discarding, and reduce gear conflict. Without such changes, the
fisheries cannot be monitored or enforced with maximum effectiveness.
Comments and Responses
1. Quota Allocations
Comment: Many fishery participants stated the need, based on
increased participation rates and the usefulness of scientific data
obtained, to increase the allocation to the Angling and General
categories by reducing the allocation to the Purse Seine category.
Others commented that the underharvest from the 1994 Angling category
fishery should be used to cover the 1994 overharvest in the General
category rather than reduce the initial quota for the General category
in 1995.
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 catch-per-unit-effort (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, for genetic
studies, microconstituent analysis, sexual maturity determination,
tagging studies, and age and growth studies. For these reasons, NMFS
has reallocated 51 mt from the Purse Seine category (the only category
which has not been subject to increased participation and premature
closure) to the Reserve category. A total reserve of 145 mt will allow
NMFS to transfer tonnage into other categories as needed to keep
fisheries open to maximize scientific data collection. The criteria for
such inseason transfers are stipulated in the regulations and are not
changed by this rule.
Comment: The General Category Tuna Association (GCTA) petitioned
NMFS to amend rules, regulations, and guidelines for allocation of U.S.
quota, and to reallocate the quota among user groups. More
specifically, GCTA requested that NMFS address areas of: (1)
Reallocation, (2) Control of bycatch and discards, and (3) Modification
of methodology used in computing costs and benefits related to the
directed bluefin tuna fishery.
Response: See response to previous comment. In addition, NMFS
agrees that there could be additional reduction in bycatch, and NMFS is
supporting research in this area. NMFS will continue to monitor
advances in this research to see if additional regulatory action is
necessary. The FEIS considers the effect of various management options
in terms of net economic benefits, as required under E.O. 12866.
However, the FEIS also examines, to the extent that data are available,
the economic impact of the management alternatives, including
expenditures and employment.
Comment: Many people commented that allocation of quota to the
Purse Seine fishery, which, they assert, does not provide useful catch
and effort information for scientific monitoring purposes, does not
support the overall ICCAT objective of a scientific monitoring quota
for ABT.
Response: NMFS agrees that fishery data are essential to monitor
the status of the bluefin tuna resource. Information from commercial
fisheries that can be used for scientific monitoring (i.e., input to
stock assessments) includes landings data, size frequency information,
and CPUE data. Rod-and-reel fishermen also tag numerous bluefin each
year and purse seiners have been used as platforms for large-scale
tagging experiments in the past. All bluefin tuna gear categories
provide catch and size frequency information. All commercial landings
are censused and measured. However, because purse seine landings cover
only a narrow size range and geographic area, they do not provide
information about the stock as a whole. In addition, CPUE data from
purse seiners cannot be used in stock assessments, since they do not
appear to correlate well with stock abundance. Standardized CPUE data
are also lacking for the harpoon category and northeastern U.S. coastal
longline fisheries. The categories that do provide usable catch per
unit effort information are the Angling and General category fisheries
and the Gulf of Mexico Incidental Longline fishery. It would also be
possible to develop a CPUE series for the northeastern U.S. Incidental
Longline fishery using existing methodology, but it would take several
years before it could be used in the stock assessment. The feasibility
of developing a new series based on aerial survey information from the
purse seine and harpoon fisheries is currently being investigated.
Thus, NMFS places considerable emphasis on the development of existing
and new indices that can be used to monitor stock abundance. Although
the need for scientific monitoring is paramount, NMFS' quota allocation
decisions also take account of stock rebuilding goals, targeted size
categories, historical participation and dependence, number of
participants, other socio-economic effects, and other relevant factors.
Comment: Some people expressed concern about the biological,
economic, and scientific effects of reallocation
[[Page 38508]]
from the Purse Seine category to other categories.
Response: Compared to the current allocation, reallocating 51 mt
from the Purse Seine category to other categories will have only a
small negative effect on stock rebuilding (the spawning stock will grow
slightly less (1 percent less) by the year 2010), and a small positive
economic effect (a cumulative increase of $5 million over 16 years, or
2 percent in net national economic benefits). In addition, the use of
quota to extend the season for rod-and-reel fisheries increases overall
sampling success, leading to increases in the accuracy and precision of
CPUE indices.
Comment: There was opposition to the proposed allocation of 350 mt
of yellowfin tuna to purse seine vessels permitted for ABT without
further analysis of environmental and economic impacts.
Response: NMFS agrees that further analysis and comment on
yellowfin tuna allocations is needed, and NMFS is not implementing a
purse seine quota at this time.
2. General Category Effort Controls
Comment: Most commenters were in basic agreement on the need to
extend the General category fishing season but no clearly preferable
option emerged on how to do this. Comments were divided on whether the
quota should be partitioned on a monthly or bimonthly basis.
Response: Although there was a geographical split on comments for
monthly or bimonthly quotas, NMFS agrees that the first 2 weeks of
August are, from the standpoint of price and the U.S. share of the
Japanese market, important for the General category-caught ABT. Part of
the argument for bimonthly quotas (August/September) was to protect
this critical market period. NMFS believes that allocating 40 percent
of the General category quota to August and providing a larger reserve,
which could be used in August, will reduce the possibility of closure
during that period.
Comment: Many fishery participants wanted to reduce the rate of
catch in the General category fishery and commented that the proposed 2
days of no fishing each week were insufficient to slow catch rates
enough to extend the fishing season. In addition, many commented that
the 3-day market closure in Tokyo, Japan, in August should also be
considered for time off in the General category fishery.
Response: NMFS concurs that 2 days off per week may be insufficient
to slow the catch rates to desired levels. Therefore, NMFS has included
Mondays and the 3-day Japanese holiday in August as part of the effort
control calendar. Since the AA retains the authority to waive ``no-
fishing'' days under this rule, NMFS has some flexibility to ensure
that the desired catch rate is achieved. In future years, a schedule of
designated ``no-fishing'' days will be published in the Federal
Register.
Comment: Many fishery participants did not want fishing restricted
on weekends, citing adverse impact on local economies, particularly
shoreside service industries. These participants suggested that all
days off be scheduled for weekdays.
Response: NMFS concurs that high participation rates in the General
category fishery generate important economic impacts. However, Sundays
have been high production days and NMFS is concerned that the effort
control program would be ineffective if only weekdays are included in
the effort control program. Also, NMFS agrees with some commenters that
the burden of ``no-fishing'' days should be ``shared'' between part-
time and full-time fishery participants. In addition, early closures in
the General category eliminate all weekend days, possibly with greater
adverse economic impacts. The allowance at this time for General
category vessels to participate in the ABT recreational fishery should
mitigate some of the adverse impacts of ``no-fishing'' days.
Comment: Many fishery participants in the Mid-Atlantic area were
concerned that the monthly quota for October, in and of itself, would
not assure a late-season fishery in the New York Bight area.
Response: Under this final rule, the AA may designate a portion of
the October quota for a particular geographic area.
Comment: Some General category participants were concerned that the
proposed 7-day notice for waiver of ``no-fishing'' days would unduly
restrict the use of waivers to enable a monthly quota to be reached.
They suggested 3-days notice would be adequate.
Response: Under this final rule, the required notification period
is reduced to 5 days. NMFS is concerned that 3 days would be
insufficient to adequately notify all fishery participants.
3. Permits and Reporting
Comment: Many fishery participants were concerned about the
proposed separation of Angling and General category permits. While many
anglers maintain General category permits for the limited occasions
when giant ABT are available to them, their main fishing activity is
for school tuna. There were also concerns that General category vessels
could not participate in recreational tournaments when the General
category fishery is closed or subject to effort controls.
Response: Since the majority of General category permit holders
primarily participate in the recreational fishery, NMFS has decided not
to eliminate these vessels from the school tuna fishery. Instead,
operators of General category vessels may target and land ABT in the
smaller size categories. However, persons on board General category
vessels must cease fishing and the vessel must return to port
immediately upon retaining or possessing the daily catch limit of large
medium or giant ABT.
Comment: NMFS received a petition and other letters from harpoon
fishermen, requesting a moratorium on issuance of new Harpoon Boat
permits. However, during the comment period on the proposed moratorium,
many current and past participants in the Harpoon Boat category fishery
expressed concerned about the agency's proposed criteria for limiting
entry into that category. Additionally, many fishermen were concerned
that NMFS was not addressing limited entry for all ABT categories
simultaneously.
Response: While NMFS believes that limited entry programs could
have beneficial impacts on the operation and management of the ABT
fisheries, NMFS agrees that more discussion is needed to address
industry concerns on limited entry, to help develop specific criteria
for participation, and to ensure that any adverse effects of
incremental changes are minimized. NMFS will hold workshops on limited
entry for the tuna fisheries in 1995, but will not limit entry into the
Harpoon Boat category this year. To avoid speculative entry or fishing
effort in this category, NMFS advises Harpoon category permit holders
that catch history in the 1995 season may not be considered in any
future limited access program.
Comment: Purse seine operators requested that NMFS amend the
proposed hailing and inspection requirements to minimize delays.
Response: NMFS has adjusted the requirements so that only one
inspection of the gear and vessel is required prior to the start of the
fishing season. In addition, inspection is automatically waived if not
undertaken within 48 hours of notifying NMFS.
Comment: Purse seine operators requested that NMFS allow permanent
consolidation of permits and ABT allocations and provide for individual
vessel quotas which could be freely
[[Page 38509]]
transferrable to permit holders in all fishing categories.
Response: This rule authorizes permanent consolidation of permits
and ABT allocations for owners of vessels permitted in the ABT Purse
Seine category, however, vessel operators transferring permits may not
fish with purse seine nets in any directed fishery for Atlantic tunas.
NMFS believes that freely transferrable quotas could be useful in
resolving allocation issues between participants in all categories.
However, time is needed to develop monitoring procedures and adequate
controls for such a system.
Comment: Artisanal fishermen and local fish dealers operating in
Puerto Rico and the U.S. Virgin Islands requested exemptions from the
permitting and reporting requirements, because they would duplicate
local reporting systems.
Response: NMFS agrees to initially exempt such fishermen and
dealers from permitting and reporting while the adequacy of existing
information collection programs is investigated.
4. Angling Catch Limits
Comment: Many people commented that simplification of ABT catch
limits was needed but that the potential to take two small medium tuna
per angler was excessive. It was suggested that the limit for small
medium ABT remain at one fish per vessel.
Response: NMFS agrees and has adjusted the catch limits to allow
two ABT per angler from either the school or large school size classes
plus one small medium ABT per vessel.
Comment: Some charter vessel operators opposed the prohibition on
captains and mates from counting as anglers for the purposes of catch
limits. They commented that removing this measure would not result in
significant catch towards the annual quotas but does impact the success
of individual trips.
Response: NMFS remains concerned that increased catch rates,
particularly for school bluefin, could result in early closures.
Nevertheless, those parties most directly affected by closures are in
the best position to moderate catch levels. The rule allows captains/
mates to be counted as anglers for the purposes of catch limits.
Comment: While many individuals commented that the proposed
yellowfin tuna 10-fish catch limit was too high (relative to actual
catch rates), they oppose the limit until NMFS provides further
analysis. It is believed that a 10 fish limit amounts to a quota on the
recreational fishery while no commercial category, except purse seine,
was proposed for yellowfin quota management.
Response: NMFS agrees that further analysis on the impact of
recreational catch limits is needed. For this reason, NMFS did not
include a yellowfin tuna catch limit in this rule. NMFS seeks further
comment on appropriate catch limits for the recreational tuna fishery.
5. Size Limits
Comment: NMFS should set a higher yellowfin size limit because the
ICCAT limit does not coincide with age of first spawning; fish should
have the opportunity to spawn at least once.
Response: NMFS agrees that increasing the minimum size could be
beneficial; however, more information is needed on the potential impact
for both recreational and commercial sectors, especially the effect on
discard rates and an analysis of release mortality. Because U.S.
landings are low relative to total Atlantic landings and the major
spawning area is outside of the U.S. EEZ, a higher U.S. size limit is
not likely to have measurable effect on yield per recruit. NMFS must,
therefore, assess benefits in terms of post-release return of larger
fish to U.S. fishing areas.
Comment: Many anglers catch both yellowfin and bluefin. Small sized
tunas are difficult to differentiate and the length-weight relationship
is approximately the same for young fish of both species. Though 22
inches (56 cm) corresponds to the ICCAT minimum, NMFS should reduce
confusion by having a consistent yellowfin, bigeye, and bluefin tuna
size minimum of 27 inches (69 cm).
Response: NMFS agrees that a uniform size limit would simplify
regulations. However, further analysis is needed before establishing 27
inches (69 cm) curved measure as the minimum for yellowfin and bigeye
tuna. Since the 22 inch (56 cm) minimum corresponds closely with the
current ICCAT recommendation, NMFS is establishing this as the minimum
size for the current time.
6. Technical Amendments
Comment: Many anglers use tags issued by the Billfish Foundation
for tag and release fishing. ABT regulations should reflect this.
Response: NMFS is concerned that all anglers register with the NMFS
tagging program to assist in data collection and provide a means to
contact ABT fishery participants. An allowance is made to certify use
of tags issued by other programs, provided anglers are registered with
NMFS in the tagging program.
Comment: As proposed, the prohibition on close approaches by purse
seine vessels is not truly reciprocal, since approaching the cork line
signifies the ``act of fishing.'' There is a need for similar
reciprocal language, or purse seiners could be precluded from ever
setting the net if other vessels move into an area where a purse seiner
is operating.
Response: The regulatory text has been changed to include similar
reciprocal language.
Comment: As proposed, the seasonal allowance for purse seine
incidental catch of large medium ABT is not enforceable until a
vessel's entire annual catch has been landed.
Response: NMFS has amended the incidental catch allowance to
restrict the take of large medium ABT to 15 percent per trip and 10
percent per season.
Comment: NMFS has allowed at-sea transfer of ABT between purse
seine vessels but the regulations prohibit at-sea transfers for all
vessels except permitted buy-boats.
Response: Since 1986, NMFS has allowed transfers between purse
seine vessels to reduce discarding when vessels have netted more fish
than the remaining vessel allocation would allow. Codified text has
been amended to reflect this policy.
Comment: Bandit gear, as defined, is not synonymous with
downrigger. This could lead to confusion about use of downriggers by
Angling category boats.
Response: The definition of downrigger is clarified and downriggers
are authorized for use with rod-and-reel gear under the rules for the
Angling, General and Charter/Headboat categories.
Comment: The existing prohibition on the sale of small bluefin does
not address dealer trade in Pacific bluefin or imported Atlantic
bluefin.
Response: NMFS has clarified the regulations by inserting a new
section of regulatory text to specify that small bluefin tuna in the
possession of dealers must be accompanied by documentation of origin.
Comment: The existing subpart C regulations apply only to yellowfin
and bigeye tuna. NMFS must clarify whether permitting and reporting
requirements apply to all species of Atlantic tuna.
Response: NMFS has clarified the regulations by amending subpart C
to apply to all Atlantic tunas other than bluefin.
Changes From the Proposed Rule
Based on consideration of comments received, and further analysis
of
[[Page 38510]]
available data, the following changes were made to the proposed rule:
1. Quota Allocations
Initial ABT quotas by category for the 1995 fishing year were
changed by transferring 51 mt from the Purse Seine category to the
Reserve category for scientific research and to enhance data collection
in the handgear categories. In addition, 4 mt were transferred from the
Incidental category to the Angling category to account for catch of
large medium and giant ABT in the consolidation of recreational
permits.
2. General Category Effort Controls
Monthly subquotas were modified by increasing the percentage
allocated to August to 40 percent and reducing the percentage allocated
to September to 30 percent. This should reduce the possibility of
closure during a critical market period for U.S. product. A portion of
the October sub-quota may be set aside for a specific geographic area.
In addition, the scheduled days off were increased to 3 per week,
generally including Sundays, Mondays, and Wednesdays, but modified to
coincide with certain market closures in Japan. The regulatory text has
been modified to provide notification and opportunity for comment on
the annual schedule of ``no-fishing'' days. Also, the required advance
notice of waiver of days off has been reduced to 5 days from the
proposed 7 days.
3. Permits and Reporting
The moratorium on the Harpoon Boat category has been eliminated,
pending further analysis and comment. Vessels for which General
category permits have been issued may fish for non-commercial size ABT
and other species of Atlantic tunas, except when the catch limit for
commercial size class ABT has been retained. Handgear fishermen and
dealers operating solely in the EEZ surrounding Puerto Rico and the
U.S. Virgin Islands are exempt from Atlantic tuna permit requirements.
Hailing and inspection requirements for purse seine vessel operators
have been revised to minimize delay. Permanent consolidation of permits
and ABT allocations is authorized for owners of vessels permitted in
the ABT Purse Seine category; however, vessel operators transferring
permits may not fish with purse seines in any of the Atlantic tuna
fisheries.
4. Catch Limits
ABT catch limits applicable to persons on board vessels permitted
in the Angling category are two fish per angler per trip from either
the school/large school size classes plus one fish per vessel in the
small medium size class. In addition, a total quota of 4 mt is set for
the one fish per year per vessel authorized in the large medium or
giant class. Captains and mates on board charter/headboat vessels may
be counted as anglers for the purposes of catch limits. Operators of
charter/headboat vessels are subject to the rules applicable to General
category vessels once a large medium or giant ABT is retained or
possessed.
5. Size Limits
This rule incorporates the proposed minimum size for yellowfin and
bigeye tuna of 22 inches (56 cm) total fork length according to the
curved measurement method. Further analysis on alternative minimum
sizes will be conducted and comment is requested.
6. Other Amendments
Changes were made to the proposed amendments to restrict close
approaches by purse seine vessels to other vessels actively fishing, to
codify the allowance for purse seine vessels to transfer ABT at sea, to
set the purse seine tolerance for large medium ABT to 15 percent per
trip and 10 percent per season, to add definitions for commercial and
recreational fishing, to clarify the definition and authorized use of
downriggers, to authorize use of certain catch-and-release tags issued
by organizations other than NMFS. In addition, a new Sec. 285.34 has
been added to clarify the prohibition on dealers possessing and selling
bluefin tuna smaller than the large medium size class. Finally, subpart
C of part 285 has been revised to make regulations applicable to all
Atlantic tunas other than bluefin tuna.
Classification
This final rule is published under the authority of ATCA, 16 U.S.C.
971 et seq. The AA has determined that this rule is necessary to
implement the recommendations of ICCAT and is necessary for management
of the Atlantic tuna fisheries.
NMFS prepared an FEIS for this rule that examined the environmental
consequences of four national quota levels in combination with five
domestic allocation alternatives and three access control alternatives.
The selected quota level is expected to allow the bluefin tuna resource
to rebuild, while enabling a viable commercial industry and
recreational fishery to exist. The selected allocation alternative is
expected to result in little biological or economic impact overall, but
should improve the quality of data used for scientific monitoring. NMFS
does not intend to implement access controls in 1995, pending further
analysis. No significant impact on the human environment would result
from implementing effort controls in the General category or amending
the tuna permitting and reporting requirements. The FEIS has been filed
with the U.S. Environmental Protection Agency and has been distributed.
Parties not on the initial distribution list may obtain a copy from
Richard B. Stone (see ADDRESSES).
NMFS prepared an RFA as part of the RIR, which describes the impact
this rule has on small entities. The RIR/RFA indicates that General
category permit holders (81 percent of commercial vessels landing at
least one bluefin in 1994) would face a reduction of gross revenues of
approximately 18 percent due to the reduction in overall quota relative
to 1994. However, effort controls could result in increased prices,
offsetting the revenue decline associated with decreased quota. In
addition, inseason transfers from the Reserve category to the General
category could increase the total catch in that category. This final
rule is also estimated to reduce gross revenues to vessel owners in the
Purse Seine category by about 18 percent due to the transfer of 51 mt
to the Reserve category. Copies of the RIR/RFA are available from NMFS
(see ADDRESSES).
This rule has been determined to be not significant for purposes of
E.O. 12866.
This rule contains new and revised collection-of-information
requirements subject to review under the Paperwork Reduction Act. It
modifies requirements that were approved by OMB under control numbers
0648-0202 and 0648-0239 and restates requirements that were approved by
OMB under control numbers 0648-0040, 0648-0168 and 0648-0247.
The public reporting burden for completing an application for a
Federal fishing permit for vessel owners is estimated at 0.50 hours (30
minutes) per response for initial applications and 0.25 hours (15
minutes) per response for renewals. The public reporting burden for
completing an application for a Federal permit for tuna dealers is
estimated at 0.08 hours (5 minutes) per response. The public reporting
burden for these dealers for collection of information on dealer
reports is estimated at 0.08 hours (5 minutes) per response for the
phone-in daily dealer reports, at 0.05 hours (2.5 minutes) per response
for the written daily dealer reports, at 0.55 hours (33 minutes) per
response for the biweekly dealer reports.
[[Page 38511]]
The public reporting burden for completing an ICCAT Bluefin Tuna
Statistical Document is estimated at 0.33 hours (20 minutes). The
public reporting burden for completing a vessel log by vessel owners is
estimated at 0.10 hours (6 minutes) per day and 0.10 hours (6 minutes)
per notification of fish transfer. The public reporting burden for
registering with the NMFS Cooperative Tagging Center is estimated at
0.03 hours (2 minutes).
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding these burden estimates or any other aspects of
these collections of information, including suggestions for reducing
the burden, to NMFS and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: July 21, 1995.
Rolland A. Schmitten,
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. 285.1, paragraph (c) is revised to read as follows:
Sec. 285.1 Purpose and scope.
* * * * *
(c) This part does not apply to any person or vessel authorized by
the Commission, or in writing by the Director, or any state upon
written authorization by the Director, to engage in fishing for
research purposes.
* * * * *
3. In Sec. 285.2, the definitions of ``Center Director'' and
``Party boat'' are removed, definitions of ``Bandit gear'',
``Commercial fishing'', ``Downrigger'', ``Fixed gear'', ``Headboat'',
``Length overall'', ``Operator'', ``Recreational fishing'', ``Rod and
reel'', and ``Trap'' are added in alphabetical order, and the
definitions of ``Charter boat'', ``Curved fork length'' and ``Regional
Director'', ``Straight fork length'' are revised to read as follows:
Sec. 285.2 Definitions.
* * * * *
Bandit gear means vertical hook-and-line gear with rods attached to
a vessel, with no more than two hooks per line and with line retrieved
by manual, electric, or hydraulic reels.
* * * * *
Charter boat means a vessel less than 100 gross tons (90.8 metric
tons) that meets the requirements of the Coast Guard to carry six or
fewer passengers for hire and that carries a passenger for hire at any
time during the calendar year.
* * * * *
Commercial fishing means fishing for purposes including sale or
barter of any or all of the fish harvested.
* * * * *
Curved fork length means a measurement of the length of Atlantic
tuna taken in a line tracing the contour of the body along the middle
of the lateral surface from the tip of the upper jaw to the fork of the
tail.
* * * * *
Downrigger means a rod attached to a vessel and with a weight on a
cable that is in turn attached to hook-and-line gear to maintain lures
or bait at depth while trolling, and that has a release system to
retrieve the weight by rod and reel or by manual, electric, or
hydraulic winch after a fish strike on the hook-and-line.
* * * * *
Fixed gear means stationary, anchored non-trawl gear.
* * * * *
Headboat (partyboat) means a vessel that holds a valid Certificate
of Inspection issued by the U.S. Coast Guard to carry passengers for
hire.
* * * * *
Length overall means the length listed on the vessel's U.S. Coast
Guard Certificate of Documentation or Certificate of Number, or if not
documented, on the vessel's state registration certificate.
* * * * *
Operator, with respect to any vessel, means the master or other
individual on board and in charge of that vessel.
* * * * *
Recreational fishing means fishing for purposes not including sale
or barter of any or all of the fish harvested.
Regional Director means
(1) For the purposes of Atlantic tuna vessel and dealer permits and
Atlantic bluefin tuna dealer reports, the Director, Northeast Region,
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA
01930-3799; and for purposes of reporting for Atlantic tunas other than
bluefin, the Regional Director, Southeast Region, National Marine
Fisheries Service, 9721 Executive Center Drive, St. Petersburg, FL
33702-2432.
(2) For the purposes of Pacific bluefin dealer permits and
reporting, the Director, Southwest Region, National Marine Fisheries
Service, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213.
* * * * *
Rod and reel means vertical hook-and-line gear with a hand-held
(includes rod holder) fishing rod and with a manually operated reel
attached.
* * * * *
Straight fork length means a measurement of the length of Atlantic
tuna taken in a straight line along the middle of the lateral surface
from a line perpendicular to the tip of the upper jaw to a line
perpendicular to the fork of the tail.
* * * * *
Trap means a pound net, weir or staked gill net that is maintained
and operated at a fixed location.
* * * * *
4. In Sec. 285.3, paragraphs (j) and (k) are revised, and
paragraphs (q), (r) and (s) are added to read as follows:
Sec. 285.3 Prohibitions.
* * * * *
(j) For any person on board a vessel subject to the jurisdiction of
the United States to fish for or catch any Atlantic tuna with gear that
is not authorized under Sec. 285.21(b) or Sec. 285.51, or to retain or
land Atlantic tunas taken with unauthorized gear.
(k) For any person to possess any Atlantic tuna on board a vessel
subject to the jurisdiction of the United States that has gear on board
that is not authorized under Sec. 285.21(b) or Sec. 285.51, unless
authorized under Sec. 285.7.
* * * * *
(q) Purchase, receive, or transfer for commercial purposes any
Atlantic tunas landed by owners or operators of vessels not permitted
to do so under this part, or purchase, receive, or transfer for
commercial purposes any Atlantic tunas without a valid dealer permit
issued under this part.
(r) Sell, offer for sale, or transfer for commercial purposes any
Atlantic tunas landed by owners or operators of a vessel not permitted
to do so under this part or to any person or vessel without a valid
dealer permit issued under this part.
(s) Dispose of fish or parts thereof or other matter in any manner,
after any communication or signal from an
[[Page 38512]]
authorized officer, or after the approach of an authorized officer.
5. Section 285.9 is removed.
6. In Sec. 285.20, paragraphs (a)(1)(i) and (b)(3) are revised to
read as follows:
Sec. 285.20 Fishing seasons.
(a) * * *
(1) * * *
(i) For anglers fishing for Atlantic bluefin tuna under the quota
specified in Sec. 285.22(d);
* * * * *
(b) * * *
(3) A vessel permitted in the Purse Seine category may fish under
the bluefin tuna quota specified in Sec. 285.22(c), or in fisheries for
Atlantic yellowfin or skipjack tuna or other fisheries where bluefin
tuna might be taken as bycatch, only until the allocation of bluefin
tuna assigned or transferred under Sec. 285.25(d) to that vessel is
reached. Upon reaching its individual vessel allocation of Atlantic
bluefin tuna, directed purse seine fisheries for Atlantic tunas are
closed to such vessel and the vessel will be deemed to have been given
notice to that effect.
* * * * *
7. In Sec. 285.21, paragraphs (a), (b), the heading and first
sentence in paragraph (c), and paragraphs (h), (i), and (m) are revised
to read as follows:
Sec. 285.21 Vessel permits.
(a) Permit requirements. A vessel that fishes for, takes, retains
or possesses Atlantic bluefin tuna must have on board a valid permit
issued to the vessel owner under this section.
(b) Categories of permits. (1) Upon submission of a complete and
valid application pursuant to paragraph (c) of this section, the
Regional Director will issue to the owner of each qualifying vessel a
permit for one of the following permit categories: General, Charter/
Headboat, Angling, Harpoon Boat, Purse Seine, or Incidental Catch. A
permit will not be issued for more than one category.
(2) Persons may fish for, retain or possess Atlantic bluefin tuna
only under the quota, catch limits, and size classes applicable to the
permit category of the carrying vessel, except that anglers on board
General and Charter/Headboat category vessels may fish for and retain
school, large school and small medium bluefin tuna, subject to the
limits applicable to the Angling category only until such time that a
large medium or giant bluefin tuna is caught, retained or possessed on
board the vessel.
(3) School, large school and small medium bluefin tuna landed by
anglers on board General and Charter/Headboat category vessels are
counted against the Angling category quota. When the General category
fishery is open, large medium and giant bluefin tuna landed by anglers
on board General and Charter/Headboat category vessels are counted
against the General category quota. When the General category fishery
is closed, or at any time in the Gulf of Mexico, large medium and giant
bluefin tuna landed by anglers on board Angling and Charter/Headboat
category vessels pursuant to Sec. 285.24(d)(2) may not be sold and are
counted against the Angling category quota.
(4) Persons fishing for Atlantic bluefin tuna must not possess on
board or use any gear inappropriate to the category for which the
carrying vessel is permitted:
(i) General--rod and reel (including downriggers), handline,
harpoon, bandit gear;
(ii) Charter/Headboat--rod and reel (including downriggers),
handline;
(iii) Angling--rod and reel (including downriggers), handline;
(iv) Harpoon Boat--harpoon;
(v) Purse Seine--purse seine nets;
(vi) Incidental Catch--purse seine nets, fixed gear, traps,
longlines.
(5) When fishing for, or possessing, Atlantic bluefin tuna,
operators of vessels permitted for the Charter/Headboat category must
have on board a current copy of the operator's merchant marine license
or the operator's uninspected passenger vessel license.
(6) Vessels permitted for any category other than the Angling
category are eligible to conduct commercial fishing for Atlantic
bluefin tuna.
(c) Application procedure. Permits issued under this section must
be renewed upon expiration. * * *
* * * * *
(h) Transfer. A permit issued under this section, except in the
case of a purse seine permit as allowed under paragraph (m) of this
section, is not transferable or assignable to another vessel or owner;
it is valid only for the vessel and owner to which it is issued.
(i) Display. A permit issued under this section must be carried on
board the vessel at all times. The permit must be displayed for
inspection upon request of any authorized officer or any employee of
NMFS designated by the Regional Director for such purpose. Upon sale of
any large medium or giant Atlantic bluefin tuna, the vessel permit must
be presented for inspection to the permitted dealer completing the
landing card.
* * * * *
(m) Closed categories. The Regional Director will issue permits to
catch and retain Atlantic bluefin tuna under Sec. 285.22(c) only to
current owners of those purse seine vessels, or their replacements,
that were granted allocations under this subpart and landed Atlantic
bluefin tuna in the fishery for Atlantic bluefin tuna during the period
1980 through 1982. The Regional Director will not issue a permit to
take Atlantic bluefin tuna under this subpart to the owner of any
vessel that was replaced or consolidated with another vessel and
retired from the purse seine fishery during the period 1980 through
1982, unless that vessel is replacing another vessel being retired from
the fishery.
8. In Sec. 285.22, paragraphs (a), (b), (d), (e), the heading and
first sentence of paragraph (f) introductory text, and paragraph (h)
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 438 mt, of which 88 mt are available in the
period beginning June 1 and ending July 31; 175 mt are available in the
period beginning August 1 and ending August 31; 131 mt are available in
the period beginning September 1 and ending September 30; and 44 mt are
available beginning October 1.
(2) On the basis of the statistics referenced at Sec. 285.20(b)(1),
the Assistant Administrator will project a date when the catch of
Atlantic bluefin tuna will equal the available quota in any period, and
will publish a notification in the Federal Register stating that
fishing for, retaining, possessing, or landing Atlantic bluefin tuna
under the quota for that period is prohibited from a specified time on
that date until the opening of the subsequent quota period, whereupon a
quota equal to the initial quota for that period as adjusted for
estimated overharvest or underharvest prior to that period will become
available.
(3) If the Assistant Administrator determines (based on dealer
reports, availability of large medium or giant Atlantic bluefin tuna on
the fishing grounds, and any other relevant information) that
variations in seasonal distribution, abundance, or migration patterns
of Atlantic bluefin tuna, and the catch rate, may prevent fishermen in
an identified area from harvesting their share of the quota, the
Assistant Administrator may set aside an allocation of the October
quota for such
[[Page 38513]]
area. The amount of any geographic allocation shall not exceed 20 mt.
The Assistant Administrator will publish notification of any geographic
set-aside allocation and its basis in the Federal Register. The daily
catch limit for the identified area will be set at one large medium or
giant Atlantic bluefin tuna per day per vessel.
(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 47 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 324 mt. No more than 4 mt of this quota may be large medium
or giant Atlantic bluefin tuna and no more that 150 mt of this quota
may be school Atlantic bluefin tuna. The quota for school Atlantic
bluefin tuna is further subdivided as follows:
(1) 70 mt of school Atlantic bluefin tuna may be caught, retained,
possessed, or landed south of 38 deg.47' N. lat.; and
(2) 80 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 125 mt. This quota is further
subdivided as follows:
(1) For longline vessels, 123 mt, no more than 100 mt of which 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), 2 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
145 mt. * * *
* * * * *
(h) If the Assistant Administrator determines, based on landing
statistics and other available information, that an annual quota in any
category, or as appropriate, subcategory, has been exceeded or has not
been reached, the Assistant Administrator will subtract the overharvest
from, or add the underharvest to, that quota category for the following
year; provided that the total of the adjusted quotas and the reserve is
consistent with a recommendation of the Commission regarding country
quotas. The Assistant Administrator will publish any amounts to be
subtracted or added and the basis for the quota reductions or increases
in the Federal Register.
* * * * *
9. In Sec. 285.23, paragraphs (a) and (b) are revised, paragraph
(d) is removed, and paragraph (e) is redesignated as paragraph (d) and
revised to read as follows:
Sec. 285.23 Incidental catch.
(a) Herring, mackerel, and menhaden purse seine gear and fixed gear
other than longlines or traps. Subject to the quotas in Sec. 285.22,
large medium and giant Atlantic bluefin tuna may be retained during any
fishing trip, on board a vessel for which an Incidental Catch permit
has been issued under Sec. 285.21 that is fishing with herring,
mackerel, and menhaden purse seine gear or fixed gear other than
longlines or traps principally for species of fish other than tuna,
provided that the total amount of Atlantic bluefin tuna taken does not
exceed 2 percent, by weight, of all other fish on board the vessel at
the end of each fishing trip.
(b) Traps. Subject to the quotas in Sec. 285.22, large medium and
giant Atlantic bluefin tuna may be retained during any fishing trip on
board a vessel for which an Incidental Catch permit under Sec. 285.21
has been issued that catches Atlantic bluefin tuna incidentally while
fishing with traps, provided that the total amount of Atlantic bluefin
tuna taken does not exceed 2 percent, by weight, of all other fish
landed by the owner of the vessel within the preceding 30-day period.
* * * * *
(d) Purse Seine. When fishing for Atlantic yellowfin or skipjack
tuna, vessels for which an Atlantic bluefin tuna Purse Seine category
permit has been issued are allowed a 1 percent per trip (by weight)
incidental take of bluefin less than the large medium size class. Any
landings of these incidental catches may not be sold and will be
counted against the Purse Seine category quota allocation for bluefin
tuna.
10. In Sec. 285.24, paragraphs (a), (c), (d), and (e) 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 ``no-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 ``no-fishing'' days, persons on board such
vessels may not possess, retain or land any large medium or giant
Atlantic bluefin tuna. The Assistant Administrator will publish in the
Federal Register a schedule of designated ``no-fishing'' days.
(2) The Assistant Administrator may increase or reduce the catch
limit over a range from zero (``no-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. The Assistant
Administrator will publish a notice in the Federal Register of any
adjustment in the allowable daily catch limit made under this
paragraph. Other than fishery closures pursuant to attainment of quotas
in any period, such notice of catch limit adjustment shall be published
at least 5 calendar days prior to the change becoming effective.
(3) Large medium and giant Atlantic bluefin tuna may be possessed
or retained on board a vessel for which a General category permit has
been issued if the amount does not 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.
(4) Anglers on board vessels permitted in the General category may
possess school, large school, and small medium Atlantic bluefin tuna 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 for the Angling
category in effect on that day. However, on allowable fishing days,
once the applicable catch limit for large medium or giant bluefin tuna
is possessed or retained, fishing by persons on board the vessel must
cease and the vessel must proceed to port.
* * * * *
(c) Purse Seine category. Large medium bluefin tuna may be caught
from a vessel for which a Purse Seine category permit has been issued
provided that the total amount of large medium bluefin landed per trip
does not exceed 15 percent by weight of the total amount of giant
Atlantic bluefin tuna landed on that trip, and the total annual amount
of large medium bluefin landed does not exceed 10 percent by weight of
the total amount of giant Atlantic bluefin tuna allocated to that
vessel for that fishing season.
(d) Angling category. (1) Each angler on board a vessel permitted
in the Angling category may catch and retain each day no more than two
Atlantic
[[Page 38514]]
bluefin tuna which may be from the school or large school size class.
In addition to the per angler limits, one small medium size class
bluefin tuna may be retained each day, per angling category vessel.
Anglers may not retain young school Atlantic bluefin tuna.
(2) In addition to the daily catch limit for school, large school
and small medium bluefin tuna, a vessel for which an Angling category
permit has been issued may catch and retain annually one large medium
or giant Atlantic bluefin tuna, to be counted against the Angling
category quota specified in Sec. 285.22. The owner or operator of the
vessel must report to the nearest NMFS enforcement office within 24
hours of landing any large medium or giant bluefin, and must make the
tuna available for inspection and attachment of a tag. No such large
medium or giant Atlantic bluefin tuna may be sold or transferred to any
person for a commercial purpose except for taxidermic purposes. A list
of local NMFS enforcement offices may be obtained from the Regional
Director.
(3) The Assistant Administrator may increase or reduce the per
angler catch limit for any size class bluefin tuna or may change the
per angler limit to a per boat limit or a per boat limit to a per
angler limit based on a review of daily landing trends, availability of
the species on the fishing grounds, and any other relevant factors, to
provide for maximum utilization of the quota spread over the longest
possible period of time. The Assistant Administrator will publish a
notice in the Federal Register of any adjustment in the allowable daily
catch limit made under this paragraph. Other than fishery closures
pursuant to attainment of quotas in any period, such notice shall be
published at least 5 calendar days prior to a change in daily catch
limit becoming effective.
(4) Anglers on board vessels for which an Angling category permit
has been issued may possess school, large school, and small medium
Atlantic bluefin tuna 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 for the Angling category in effect on that day.
(e) Charter/Headboat category. (1) Anglers on board vessels for
which a Charter/Headboat category permit has been issued are subject to
the daily catch limits for school, large school, and small medium
Atlantic bluefin tuna applicable to the Angling category.
(2) When the General category fishery is closed, or at any time
when operating in the Gulf of Mexico, operators of Charter/Headboat
vessels 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) of this section.
(3) When the General category fishery is open, except when
operating in the Gulf of Mexico, operators of vessels for which a
Charter/Headboat category permit has been issued 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) of this
section. Once the applicable catch limit for large medium or giant
bluefin tuna is possessed or retained, fishing by persons on board the
vessel must cease and the vessel must proceed to port. Large medium or
giant bluefin tuna landed by Charter/Headboat vessels may be sold and
are counted against the quota for the General category.
(4) Anglers on board vessels for which a Charter/Headboat category
permit has been issued may possess school, large school, and small
medium Atlantic bluefin tuna 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 for the Angling category in effect on that day. Vessels for
which a Charter/Headboat category permit has been issued may possess
large medium and giant Atlantic bluefin tuna 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.
11. In Sec. 285.25, paragraph (d) is revised and paragraph (e) is
added to read as follows:
Sec. 285.25 Purse seine vessel requirements.
* * * * *
(d) Vessel allocations. (1) Owners or operators of vessels for
which a Purse seine permit has been issued under Sec. 285.21(b) must
apply for an allocation of Atlantic bluefin tuna from the quotas
specified in Sec. 285.22. The owner or operator must apply for this
allocation in writing to the Regional Director by April 15 and must
specify the particular size class or classes of Atlantic bluefin tuna
for which the vessel will fish. The owner or operator must supply
documentation of the vessel's stockholders, owners, partners, or
association structure.
(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
transferrable among purse seine vessel permit holders. Any purse seine
vessel permit holder intending to fish for more than one allocation in
any fishing season must provide written notice of such intent to the
Regional Director 15 days before commencing fishing in that season.
Purse seine vessel permit holders who transfer their annual allocation
to another purse seine vessel permit holder must not fish their
permitted vessel in any fishery in which Atlantic bluefin tuna might be
caught.
(3) Purse seine vessel owners may apply to the Regional Director to
permanently consolidate vessel permits issued under Sec. 285.21(b).
Upon approval of consolidation by the Regional Director, the Atlantic
tuna permit(s) of the transferring vessel(s) will be cancelled, and the
holder of the consolidated permit is authorized to apply for
allocations of Atlantic bluefin tuna commensurate with the number of
consolidated permits. Purse seine vessel owners who cancel their permit
by means of consolidation must not fish their vessel in any fishery in
which Atlantic bluefin tuna might be caught.
(e) Transfer at sea. Purse seine vessel owners or operators may
transfer large medium and giant Atlantic bluefin tuna at sea from the
net of the catching vessel to another permitted purse seine vessel
provided the amount transferred does not cause the receiving vessel to
exceed its annual vessel allocation as modified by authorized
transfers. Such at-sea transfers are authorized only between purse
seine vessels permitted under Sec. 285.21 and not to buy boats
permitted under Sec. 285.28.
12. Section 285.26 is amended by removing the phrase ``tip of the
snout'' in the second sentence, and adding in its place the phrase
``tip of the upper jaw''.
13. Section 285.27 is revised to read as follows:
Sec. 285.27 Tag and release program.
(a) Notwithstanding other provisions of this part, an angler may
fish for Atlantic bluefin tuna under a tag and release program,
provided the angler tags all Atlantic bluefin tuna so caught with tags
issued under this section, and releases and returns such fish to the
sea immediately after tagging and with a minimum of injury. To
participate in this program, an angler must obtain tags, reporting
cards, and detailed instructions for their use from the Cooperative
Tagging Center, Southeast Fisheries Center, NMFS, 75 Virginia Beach
Drive, Miami, FL 33149-1099 or by calling (800)437-3936.
(b) Tags obtained from sources other than NMFS may be used to fish
for Atlantic bluefin tuna provided the angler has registered each year
with the
[[Page 38515]]
Cooperative Tagging Center and the NMFS program manager has approved
the use of tags from that source. Anglers using an alternative source
of tags wishing to tag bluefin tuna can call (800) 437-3936 or write
NMFS at the address given above.
(c) Anglers registering for the Atlantic bluefin tagging program
are required to provide their name, address, phone number, and, if
applicable, identify the alternate source of tags.
(d) If NMFS-issued or NMFS-approved tags are not on board a vessel,
all anglers on board that vessel are deemed to be ineligible to fish
under this section.
14. In Sec. 285.29, paragraphs (a) and (d) are revised to read as
follows:
Sec. 285.29 Dealer recordkeeping and reporting.
* * * * *
(a) Must report via electronic facsimile (fax) or an Interactive
Voice Response System (IVRS) as instructed by the Regional Director
within 24 hours of the purchase or receipt of each Atlantic bluefin
tuna from the person or vessel that harvested the fish. Said report via
fax or the IVRS must include the tag number affixed to the fish by the
dealer, the date landed, the round and/or dressed weight (indicating
which weight(s) measured), the total or pectoral fin curved fork length
(indicating which length(s) measured), and the permit category of the
landing vessel. In addition, dealers must submit to the Regional
Director a daily report on a reporting card provided by NMFS. Said card
must be postmarked and mailed at the dealer's expense within 24 hours
of the purchase or receipt of each Atlantic bluefin tuna. Each vessel
permit holder or vessel operator must sign each reporting card
immediately upon transfer of the fish to verify the name of the vessel
that landed the fish and the vessel permit number, and each card must
indicate the tag number affixed to the fish by the dealer or assigned
by an authorized officer, the date landed, the port where landed, the
round and/or dressed weight (indicating which weight(s) measured), the
total and/or pectoral fin curved fork length (indicating which
length(s) measured), gear used, and area where the fish was caught. The
dealer purchasing or receiving the Atlantic bluefin tuna must inspect
the vessel permit and verify that the required vessel name and vessel
permit information is correctly recorded on the reporting card.
* * * * *
(d) Must retain at his/her place of business a copy of each landing
card (including proof of fax or IVRS transmission) and a copy of each
bi-weekly report for a period of 2 years from the date on which each
was required to be submitted to the Regional Director.
* * * * *
15. In Sec. 285.31, paragraphs (a)(3), (a)(4), (a)(8), (a)(13),
(a)(15), (a)(30), (a)(31), (a)(34) and (a)(37) are revised and
paragraph (a)(38) is added to read as follows:
Sec. 285.31 Prohibitions.
(a) * * *
(3) Fish for, catch, possess or retain Atlantic bluefin tuna in
excess of the quotas specified in Sec. 285.22 except that fish may be
caught and released under the provisions of Sec. 285.27.
(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 ``no-fishing'' days,
except that fish may be caught and released under the provisions of
Sec. 285.27.
* * * * *
(8) For any vessel other than a vessel holding a purse seine permit
issued under Sec. 285.21(b), to approach to within 100 yd (91.5 meters)
of the cork line of any purse seine net used by any vessel fishing for
Atlantic bluefin tuna, or for any such purse seine vessel to approach
to within 100 yd (91.5 meters) of any vessel, other than a purse seine
vessel, actively fishing for Atlantic bluefin tuna;
* * * * *
(13) Purchase, receive, or transfer any Atlantic bluefin tuna at
sea from a person or vessel engaged in fishing for such tuna without a
valid dealer permit for buy-boat operations issued under Sec. 285.28
unless between permitted purse seine vessels as authorized under
Sec. 285.25(e);
* * * * *
(15) Sell, offer for sale, or transfer to any person for a
commercial purpose any large medium or giant Atlantic bluefin tuna
caught with rod and reel gear under Sec. 285.24(d)(2) or
Sec. 285.24(e)(2);
* * * * *
(30) Fish for, catch, possess, or retain Atlantic bluefin tuna from
the Gulf of Mexico except as specified under Secs. 285.23(c) or
285.24(e)(2), or if taken incidental to recreational fishing for other
species and retained in accordance with Sec. 285.24(d)(2);
(31) Fish for, catch, possess or retain Atlantic bluefin tuna with
a gear type or in a manner other than specified in Secs. 285.21,
285.22, 285.23, 285.24 and 285.25, or other than authorized under an
experimental fishing exemption issued pursuant to the requirements of
Sec. 285.7;
* * * * *
(34) Sell, offer for sale, purchase, receive for a commercial
purpose, trade, or barter, or if a seafood dealer or processor, retain
or possess, any Atlantic bluefin tuna other than a large medium or
giant, except with documentation as specified in Sec. 285.34;
* * * * *
(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, General or Charter/Headboat categories
under Sec. 285.21, or a Purse Seine category permit operating under
Sec. 285.23(d);
(38) Fail to cease fishing and return to port once the catch limit
for large medium and giant bluefin is retained or possessed on board
vessels permitted in the General and Charter/Headboat categories.
16. In Sec. 285.32, paragraphs (a) and (b) are revised to read as
follows:
Sec. 285.32 Civil penalties.
(a) Any person who violates Sec. 285.31(a)(1) through (a)(21)
inclusive, or (a)(25) through (a)(31) inclusive, or (a)(33) and (a)(34)
or (a)(36) through (a)(38) inclusive, will be assessed a civil penalty
of not more than $25,000 for a first violation and a civil penalty of
not more than $50,000 for a subsequent violation.
(b) Any person who violates Sec. 285.31(a)(22) through (24)
inclusive, or (a)(32), or (a)(35) will be assessed a civil penalty of
not more than $1,000, and a civil penalty of not more than $5,000 for a
subsequent violation.
* * * * *
17. Section 285.34 is added to read as follows:
Sec. 285.34 Restrictions on sale.
(a) Any Atlantic bluefin tuna less than the large medium size class
may not be, or attempted to be, purchased, bartered, traded, sold, or
offered for sale, or retained or possessed by a dealer or seafood
processor in any state unless it is lawfully imported and is
accompanied by the Commission's Bluefin Tuna Statistical Document.
(b) Except for a bluefin tuna landed in a Pacific state and
remaining in the state of landing, a bluefin tuna that is possessed by
a dealer or seafood processor is deemed to be a bluefin tuna harvested
from the Atlantic Ocean by a United States vessel unless it is
accompanied by the Commission's Bluefin Tuna Statistical Document.
[[Page 38516]]
18. Subpart C is revised to read as follows:
Subpart C--Atlantic Tunas Other Than Bluefin Tuna
285.50 Species subject to regulation.
285.51 Authorized fishing gear.
285.52 Size limits.
285.53 Vessel permits.
285.54 Commercial Vessel recordkeeping and reporting.
285.55 Dealer permits.
285.56 Dealer recordkeeping and reporting.
285.57 Purse Seine vessel requirements.
285.58 Incidental catch.
285.59 Prohibitions.
Subpart C--Atlantic Tunas Other Than Bluefin Tuna
Sec. 285.50 Species subject to regulation.
Regulations contained in this subpart pertain to yellowfin tuna,
bigeye tuna, albacore tuna, skipjack tuna and Atlantic bonito.
Sec. 285.51 Authorized fishing gear.
Fishing for, catching, retention or possession of Atlantic
yellowfin, bigeye, albacore, and skipjack tunas and Atlantic bonito in
the regulatory area by persons on board fishing vessels subject to the
jurisdiction of the United States is authorized only for handline, rod
and reel (including downriggers), harpoon, purse seine, longline, drift
gillnet and bandit gear unless the gear is authorized under an
experimental fishing exemption issued pursuant to the requirements of
Sec. 285.7.
Sec. 285.52 Size limits.
(a) Fishing for, catching, retention or possession of Atlantic
yellowfin and bigeye tunas in the regulatory area by persons on board
fishing vessels subject to the jurisdiction of the United States is
authorized only for yellowfin or bigeye tuna measuring 22 inches (56
cm) or more in total curved fork length.
(b) Total curved fork length is the sole criterion for determining
the size class of whole (head on) Atlantic yellowfin and bigeye tuna.
For this purpose, all measurements must be taken in a line tracing the
contour of the body along the middle of the lateral surface from the
tip of the upper jaw to the fork of the tail.
Sec. 285.53 Vessel permits.
(a) Permit requirements. The operator of each vessel that fishes
for, or takes, Atlantic yellowfin, bigeye, albacore, and skipjack tunas
and Atlantic bonito must have on board a valid permit issued under this
section.
(b) Commercial vessel permits. Effective November 15, 1995, as a
prerequisite to selling Atlantic yellowfin, bigeye, albacore, and
skipjack tunas and Atlantic bonito and to be eligible for exemption
from applicable bag limits, if any, specified in this subpart, an owner
or operator of a vessel that fishes for or takes Atlantic yellowfin,
bigeye, albacore, and skipjack tunas and Atlantic bonito must be issued
by the Regional Director a vessel permit in the commercial category
appropriate for the gear type or method of fishing.
(c) Charter/Headboat vessel permits. Effective November 15, 1995,
owners or operators of charter vessels and headboats must be issued by
the Regional Director a charter/headboat vessel permit to lawfully fish
for, catch, retain or land Atlantic yellowfin, bigeye, albacore, and
skipjack tunas and Atlantic bonito. Anglers on board charter vessels
and headboats must adhere to applicable catch limits for the
recreational fisheries.
(d) Recreational vessel permits. Effective January 1, 1996, owners
or operators of private recreational vessels are required to obtain
vessel permits in order to fish for, catch, retain or land Atlantic
yellowfin, bigeye, albacore, and skipjack tunas and Atlantic bonito.
Anglers on board private recreational vessels must adhere to applicable
daily catch limits. Atlantic yellowfin, bigeye, albacore, and skipjack
tunas and Atlantic bonito taken on board private recreational vessels
may not be sold.
(e) Purse seine. Directed purse seine fishing for Atlantic
yellowfin, bigeye, albacore, and skipjack tunas and Atlantic bonito is
restricted to owners of those purse seine vessels that have current
Atlantic bluefin tuna purse seine permits under Sec. 285.21(b) and that
have reported, or replaced vessels that have reported, Atlantic
yellowfin, skipjack, albacore or bigeye tuna landings to NMFS over the
period 1989 through 1993. The owner or operator of such purse seine
vessel must apply for authorization to fish for Atlantic yellowfin,
bigeye, albacore, and skipjack tunas and Atlantic bonito in writing to
the Regional Director by April 15. The owner must supply documentation
of the vessel's stockholders, owners, partners, or association
structure and records of landings to verify that the vessel meets the
qualifying criteria. The Regional Director will review these
applications for authorization on or about May 1 and issue
authorizations as appropriate.
(f) Exemptions. In lieu of a permit issued under this section,
persons on board a vessel for which a valid permit for the Atlantic
bluefin tuna fishery has been issued under Sec. 285.21 of this part are
eligible to fish for and take Atlantic yellowfin, bigeye, albacore, and
skipjack tunas and Atlantic bonito using the authorized gear and
subject to the commercial fishing restrictions applicable to the
category of permit issued for the vessel. In lieu of a permit issued
under this section, owners or operators of vessels for which valid
permits for the Atlantic shark fishery (50 CFR part 678) or the
Atlantic swordfish fishery (50 CFR part 630) have been issued are
eligible to fish for and take Atlantic yellowfin, bigeye, albacore, and
skipjack tunas and Atlantic bonito using the authorized gear and
subject to fishing restrictions applicable to the permit issued to the
vessel. Owners or operators of vessels fishing for Atlantic yellowfin,
bigeye, albacore, and skipjack tunas and Atlantic bonito shoreward of
the outer boundary of the EEZ around Puerto Rico and the Virgin Islands
with only handgear on board are exempt from the permit requirements of
this section.
Sec. 285.54 Commercial vessel recordkeeping and reporting.
(a) The master or other person in charge of a fishing vessel that
engages in commercial fishing for Atlantic yellowfin, bigeye, albacore,
and skipjack tunas and Atlantic bonito or any person as may be
authorized in writing to serve as the agent of such master or person,
must:
(1) Keep an accurate log of all operations conducted from the
vessel, entering therein for each day the date, noon position (stated
in latitude and longitude or in relation to known physical features),
and the tonnage of tuna on board by species. The record and bridge log
shall be sufficient to comply with this paragraph, provided however,
that the items of information specified herein are fully and accurately
entered in such log; and,
(2) Furnish on a form obtainable from the Regional Director,
following the sale or delivery of a catch of tuna made by such vessel,
a report, certified to be correct as to facts within the knowledge of
the reporting individual, giving the name and official number of the
fishing vessel, the dates of beginning and ending of the fishing
voyage, the port of departure, and a listing separately by species of
the round weight quantities (pounds or short tons) of tuna sold or
delivered. At the option of the vessel master or other person in
charge, a copy of the fish ticket, weighout slip, settlement sheet, or
similar record issued by the dealer or his agent may, however, be used
for reporting purposes in lieu of the form obtainable from the Regional
Director, if such alternate record is similarly certified and contains
all items of information required by this paragraph. Such sale and
delivery
[[Page 38517]]
reports must be delivered or post marked and mailed to the Regional
Director within 72 hours after weighout has been completed.
(b) The master or other person in charge of a fishing vessel,
subject to the jurisdiction of the United States, except vessels
proceeding directly to Puerto Rico or to any other U.S. port for
unloading, must report to the Regional Director not less than 48 hours
prior to entering the regulatory area via the Panama Canal. In
addition, the master or other person in charge of a vessel, subject to
the jurisdiction of the United States except a vessel without fish on
board, must notify the Regional Director not less than 48 hours prior
to leaving the regulatory area via the Panama Canal. Each report must
include the name of the reporting vessel, the tonnage by species on
board, and whether the fish were caught in Pacific or Atlantic waters.
(c) All such fishing vessels entering or leaving the regulatory
area via the Panama Canal are subject to inspection. Official seals
will be affixed to wells containing fish taken within or outside the
regulatory area, as appropriate and the same will be noted on the
vessel log. The official seals may be removed only by a designated
agent of NMFS upon arrival at point of sale or delivery.
(d) The master or other person in charge of a fishing vessel
subject to the jurisdiction of the United States, must notify the
Regional Director not less than 48 hours prior to any transfer of
Atlantic tuna taken in the regulatory area to another vessel for the
purpose of transshipment. Such reports must include the date and place
of unloading, name and destination of the oncarrying vessel, and the
tonnage by species of tuna transferred.
(e) The failure to file the reports or to follow the procedures
required by this section, the tampering with or the removal of an
official seal, or the alteration of a fishing vessel's log by any
person or fishing vessel subject to the jurisdiction of the United
States is a prohibited act within the meaning of Sec. 285.3.
(f) Any person authorized to carry out enforcement activities under
the Act or these regulations has power, without warrant or other
process, to inspect, at any reasonable time, catch on board the vessel,
log books, catch reports, statistical records, or other reports as
required by the regulations in this part to be made, kept or furnished.
(g) Owners and operators of vessels fishing for Atlantic yellowfin,
bigeye, albacore, and skipjack tunas and Atlantic bonito shoreward of
the outer boundary of the EEZ around Puerto Rico and the Virgin Islands
with only handgear on board are exempt from the reporting requirements
of this section.
Sec. 285.55 Dealer permits.
(a) General. Effective November 15, 1995, a dealer purchasing or
attempting to purchase, receiving, possessing, importing or exporting
Atlantic yellowfin, bigeye, albacore, and skipjack tunas and Atlantic
bonito must have a valid permit required under this section.
(b) Application. Applications for a dealer permit must be in
writing on an appropriate form obtained from the Regional Director. The
application must be signed by the applicant, and be submitted to the
Regional Director at least 30 days before the date upon which the
applicant desires the permit to be effective. The application must
contain the following information: Company name; principal place of
business; owner or owners' names; applicant's name (if different from
owner or owners) and mailing address and telephone number; and any
other information required by the Regional Director.
(c) Issuance. (1) Except as provided in subpart D of 15 CFR part
904, the Regional Director will issue a permit within 30 days of
receipt of a completed application.
(2) The Regional Director will notify the applicant 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.
(d) Duration. Any permit issued under this section remains valid
until December 31 of the year for which it is issued, unless suspended
or revoked.
(e) Alteration. Any permit which is substantially altered, erased,
or mutilated is invalid.
(f) Replacement. The Regional Director may issue replacement
permits. An application for a replacement permit is not considered a
new application.
(g) Transfer. A permit issued under this section is not
transferable or assignable; it is valid only for the dealer to whom it
is issued.
(h) Inspection. The dealer must keep the permit issued under this
section at his/her principal place of business. The permit must be
displayed for inspection upon request of any authorized officer, or any
employee of NMFS designated by the Regional Director for such purpose.
(i) Sanctions. The Administrator may suspend, revoke, modify, or
deny a permit issued or sought under this section. Procedures governing
permit sanctions and denials are found at subpart D of 15 CFR part 904.
(j) Fees. The Regional Director may charge a fee to recover the
administrative expenses of permit issuance. The amount of the fee is
calculated, at least annually, in accordance with the procedures of the
NOAA Finance Handbook for determining administrative costs of each
special product or service. The fee may not exceed such costs and is
specified on each application form. The appropriate fee must accompany
each application. Failure to pay the fee will preclude issuance of the
permit. Payment by a commercial instrument later determined to be
insufficiently funded shall invalidate any permit.
(k) Change in application information. Within 15 days after any
change in the information contained in an application submitted under
this section, the dealer issued a permit will report the change in
writing to the Regional Director.
(l) Exemptions. Dealers issued valid permits for the Atlantic
bluefin tuna fishery under Sec. 285.28 of this part, dealers issued
valid permits for the Atlantic shark fishery (50 CFR part 678) or the
Atlantic swordfish fishery (50 CFR part 630), and dealers located in
Puerto Rico and the Virgin Islands who purchase, sell, or re-sell only
Atlantic yellowfin, bigeye, albacore, and skipjack tunas and Atlantic
bonito taken shoreward of the outer boundary of the EEZ around Puerto
Rico and the Virgin Islands by handgear are exempt from the permit
requirements of this section.
Sec. 285.56 Dealer recordkeeping and reporting.
(a) A dealer who has been issued a dealer permit pursuant to
Sec. 285.55 must submit reports to the Fisheries Science Center
Director as specified in paragraph (b) of this section. A report form
is available from the Science and Research Director. The following
information must be included in each report:
(1) Name, address, and permit number of the dealer.
(2) Names and official numbers of fishing vessels from which
Atlantic yellowfin, bigeye, albacore, and skipjack tunas and Atlantic
bonito were received.
(3) Dates of receipt of Atlantic yellowfin, bigeye, albacore, and
skipjack tunas and Atlantic bonito.
(4) Listed by each port and county where Atlantic yellowfin,
bigeye, albacore, and skipjack tunas and Atlantic bonito were offloaded
from fishing vessels:
(i) Total weight (pounds) for Atlantic yellowfin, bigeye, albacore,
and skipjack tunas and Atlantic bonito by market category, if
applicable, and for other
[[Page 38518]]
species received with the tuna, including, but not limited to, shark,
swordfish, dolphin, and wahoo; and
(ii) Price per pound or total value paid by market category for
tuna and other species, to the extent that such price information is
known at the time of reporting.
(b) A report of tuna and other applicable species received by a
dealer on the first through the 15th days of each month must be
submitted to the Science and Research Director postmarked not later
than the 20th day of that month. A report of tuna and other applicable
species received by the dealer on the 16th through the last day of each
month must be submitted to the Science and Research Director postmarked
not later than the 5th day of the following month. If no tuna was
received during the reporting period, a report so stating must be
submitted postmarked as specified for that respective reporting period.
(c) The reporting requirement of paragraph (a) of this section may
be satisfied by providing a copy of each appropriate weigh-out sheet
and/or sales record, provided such weigh-out sheet and/or sales record,
by itself or combined with the form available from the Science and
Research Director, includes all of the required information.
(d) In lieu of providing a required report to the Science and
Research Director by mail, as specified in paragraph (a) of this
section, a dealer may provide a report to a state or Federal fishery
port agent designated by the Science and Research Director. Reports so
provided must be delivered to such port agent not later than the
prescribed postmark date for submitting each such report.
(e) Additional data and inspection. Additional data may be
collected by authorized statistical reporting agents, as designees of
the Science and Research Director, and by authorized officers. Dealers
are required to make tuna available for inspection by the Science and
Research Director or an authorized officer and must allow an authorized
officer, or any employee of NMFS designated by the Regional Director
for this purpose, to inspect and copy any records of transfers,
purchases, or receipts of Atlantic yellowfin, bigeye, albacore, and
skipjack tunas and Atlantic bonito;
(f) Recordkeeping. Dealers must retain at their place of business a
copy of each bi-weekly report for a period of 2 years from the date on
which each was required to be submitted to the Regional Director.
(g) Exemptions. Dealers located in Puerto Rico and the Virgin
Islands who purchase, sell, or re-sell only Atlantic yellowfin, bigeye,
albacore, and skipjack tunas and Atlantic bonito taken shoreward of the
outer boundary of the EEZ around Puerto Rico and the Virgin Islands by
handgear are exempt from the reporting and recordkeeping requirements
of this section.
Sec. 285.57 Purse Seine vessel requirements.
(a) Mesh size. Any owner or operator of a purse seine vessel
conducting a directed fishery for Atlantic yellowfin, bigeye, albacore,
and skipjack tunas and Atlantic bonito must use a purse seine net with
a mesh size as specified under Sec. 285.25(a).
(b) Inspection. The owner or operator of a purse seine vessel
conducting a directed fishery for Atlantic yellowfin, bigeye, albacore,
and skipjack tunas and Atlantic bonito must request an inspection of
the vessel and fishing gear by an enforcement agent of NMFS prior to
commencing fishing for the season in any fishery that may result in the
harvest of any regulated species. The owner or operator must request
such inspection at least 48 hours before commencement of the first
fishing trip of the season. In addition, at least 48 hours before
commencement of offloading any Atlantic yellowfin, bigeye, albacore,
and skipjack tunas and Atlantic bonito after a fishing trip, the owner
or operator must request an inspection of vessel and catch by calling
508-563-5721 or 508-281-9261. The inability to provide for an
inspection within 48 hours of notification shall constitute a waiver of
this requirement. The owner or operator of a purse seine vessel must
have the vessel's catch information recorded on the appropriate forms
at the time of offloading and prior to transporting said tuna from the
area of offloading.
Sec. 285.58 Incidental catch.
Persons or fishing vessels subject to the jurisdiction of the
United States must release, in a manner to promote survival, any
yellowfin tuna or bigeye tuna less than the minimum size specified in
Sec. 285.52 taken incidental to authorized fishing in the regulatory
area.
Sec. 285.59 Prohibitions.
(a) It is unlawful for any person or vessel subject to the
jurisdiction of the United States to do any of the following:
(1) Fish for, catch, possess, retain or land Atlantic yellowfin,
bigeye, albacore, and skipjack tunas and Atlantic bonito without a
valid permit required under Sec. 285.53 and carried on board the
vessel;
(2) Fish for, catch, land, retain or possess, Atlantic yellowfin or
bigeye tuna below the minimum size specified in Sec. 285.52;
(3) Fail to release immediately with a minimum of injury any
Atlantic yellowfin or bigeye tuna that will not be retained;
(4) Fish for or catch Atlantic yellowfin, bigeye, albacore, and
skipjack tunas and Atlantic bonito in a directed fishery with purse
seine nets if without any remaining bluefin tuna allocation made under
Sec. 285.25(d);
(5) For any vessel other than a vessel holding a purse seine permit
issued under Sec. 285.53(d), to approach to within 100 yds (91.5
meters) of the cork line of any purse seine net used by any vessel
fishing for Atlantic yellowfin, bigeye, albacore, and skipjack tunas
and Atlantic bonito, or for any such purse seine vessel to approach to
within 100 yds (91.5 meters) of any vessel, other than a purse seine
vessel, actively fishing for Atlantic yellowfin, bigeye, albacore, and
skipjack tunas and Atlantic bonito;
(6) Begin fishing or offloading from any purse seine vessel to
which a permit has been issued under Sec. 285.21 any Atlantic tuna
without first requesting an inspection of the vessel in accordance with
Sec. 285.57(b);
(7) Fail to report the catching of any Atlantic tuna to which a
plastic tag has been affixed under a tag and release program conducted
by NMFS or any other scientific organization;
(8) Falsify or fail to make, keep, maintain, or submit any reports,
or other record required by this subpart;
(9) Refuse to allow an authorized officer to make inspections for
the purpose of checking any records relating to the catching,
harvesting, landing, purchase, or sale of any Atlantic tuna required by
this subpart;
(10) Make any false statement, oral or written, to an authorized
officer concerning the catching, harvesting, landing, purchase, sale,
or transfer of any Atlantic tuna;
(11) Interfere with, delay, or prevent by any means, the
apprehension of another person, knowing that such person has committed
any act prohibited by this part;
(12) Refuse to permit access of NMFS personnel to inspect any
records relating to, or area of custody of, Atlantic yellowfin, bigeye,
albacore, and skipjack tunas and Atlantic bonito;
(b) It is unlawful for any person subject to the jurisdiction of
the United States to violate any other provision of
[[Page 38519]]
this subpart, the Act, or any other rules implemented under the Act.
[FR Doc. 95-18419 Filed 7-21-95; 4:36 pm]
BILLING CODE 3510-22-P
