[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Proposed Rules]
[Pages 48876-48878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23767]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 960416112-6256-03; I.D. 091296B]
RIN 0648-AI29
Options for 1997 Rulemaking for Atlantic Tunas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advanced notice of proposed rulemaking (ANPR); request for
comments.
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SUMMARY: NMFS is considering rulemaking on a number of issues that
affect the Atlantic tuna fishery: (1) Changes in Atlantic tuna permit
regulations to require annual permits, establish mutually exclusive
recreational and commercial fishing categories, recover administrative
costs through a permit fee; (2) modifications to the Atlantic bluefin
tuna (ABT) Angling category quotas to address geographic distribution
of fishing opportunities, and establishing mandatory self-reporting
systems for ABT recreational quota monitoring; (3) modifications to the
target catch requirements for the Incidental longline ABT fishery; (4)
measures necessary to implement quota modifications and/or any other
management recommendations for Atlantic tunas
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following the 1996 meeting of the International Commission for the
Conservation of Atlantic Tunas (ICCAT); and (5) methods for improving
quota monitoring and enforcement, and alternative measures to extend
the season.
DATES: Written comments on this ANPR must be received on or before
October 15, 1996.
ADDRESSES: Written comments should be addressed to William Hogarth,
Acting Chief, Highly Migratory Species Management Division (F/CM4),
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347.
SUPPLEMENTARY INFORMATION:
Permits: NMFS currently has a three-year staggered renewal
permitting system for Atlantic tunas. This system has hampered the
agency's ability to monitor closely the size of the fleet that
participates in the Atlantic tuna fishery. NMFS therefore is
considering implementing an annual renewal of permits, available
through a modernized internet and phone voice-recognition system, which
would be subject to a permit fee calculated so as to recover
administrative costs.
NMFS has received numerous comments regarding the possible
separation of recreational and commercial ABT fishers; the current
permit system allows Angling, General, and Charter/Headboat category
vessels to target and land recreational-size ABT, while General and
Charter/Headboat may also target, land and sell commercial size ABT.
NMFS solicits comments on the possible implementation of a permit
system that allows vessels to target and land exclusively commercial-
size fish or exclusively recreational-size fish, with no possibility
for overlap.
Angling Category Operations: Historically, the Angling category
school size subcategory has been divided between a ``north'' and a
``south'' area quota, with the division at Delaware Bay, while the
large school-small medium category has not been subdivided. In the last
few years, there has been increased concern regarding the geographic
distribution of these harvests. NMFS is considering alternative sub-
quota divisions that would increase the geographical extent of
recreational fishing opportunities.
NMFS is also of considering alternatives to the Large Pelagic
Survey (LPS) for the purposes of quota monitoring in the ABT
recreational fishery. NMFS has attended a number of meetings and
workshops with constituents regarding recreational quota monitoring,
and is soliciting comments on the possible implementation of a self-
reporting system for ABT quota monitoring, including the use of punch-
cards, tags, hot-line phone-in systems, and/or other mandatory self-
reporting mechanisms. Accuracy of these self-reporting systems may be
ensured through the use of personal identification numbers, at sea and
dockside enforcement, and follow-up surveys to ensure that ABT catches
are being reported.
Incidental Category Target Catch Requirements: The incidental
longline fishery, which commonly directs fishing effort on swordfish,
sharks and non-bluefin tunas, also occasionally catches bluefin tuna
incidental to these other fisheries. Under current Atlantic bluefin
tuna regulations, the incidental longline fishery is permitted to
retain: (1) One (bluefin tuna) per vessel per fishing trip landed south
of 34 deg.00' N. latitude, provided that for the months of January
through April at least 1,500 pounds (680 kg), and for the months of May
through December at least 3,500 pounds (1,588 kg), either dressed or
roundweight, of species other than Atlantic bluefin tuna are legally
caught, retained, and offloaded from the same trip and are recorded on
the dealer weighout as sold; and (2) Two percent by weight, either
dressed or round weight, of all other fish legally landed, offloaded
and documented on the dealer weighout as sold at the end of each
fishing trip, north of 34 deg.00' N. latitude. These longline fishery
retention allowances receive a quota each year from the overall bluefin
tuna quota, along with other directed fishery quotas.
The quota for the Incidental category has not been met in recent
years, most notably due to decreased landings by longline vessels
fishing in the southern area (south of 34 deg.00' N. latitude). This
decrease in landings is attributable in part to a decline in effective
fishing effort in the Gulf of Mexico and south Atlantic region.
Consequently, in 1994 and 1995, a portion of the southern area quota
was transferred to the northern area longline fisheries. NMFS also
adjusted the north-south dividing line in 1993, without reapportionment
of the area subquotas. This division line adjustment prompted comments
regarding division of quota and specification of landings requirements
affecting the northern and southern subcategories of the Incidental
longline category.
In addition, NMFS has received numerous written comments that the
landings requirements applicable in the northern subcategory cannot be
met by vessels in the shark longline fisheries operating off of North
Carolina in the winter months, due to the trip limits in effect under
the shark fishery management plan. Participants in this winter shark
fishery have noted that the Atlantic bluefin tuna and shark
regulations, taken together, force discarding of Atlantic bluefin tuna.
These fishermen have requested an allowance to land and market fish
that would otherwise be discarded dead, thus increasing boat revenues
without contributing to additional Atlantic bluefin tuna mortality.
In response to comments, NMFS undertook a review of the Atlantic
bluefin tuna incidental catch regulations, including division of the
quotas, position of the dividing line between the northern and southern
subcategories, and landing criteria applicable to each management area.
Observer data from longline trips taken from 1991-1994 indicate that 2
or fewer ABT were hooked on 91 percent of all observed trips. Landings
information indicates that median values for landed catch are
approximately 1500 pounds for trips made in the months of January
through April, and 3500 pounds for trips made in May through December,
in fisheries south of 34 deg.00'; and 3500 pounds for trips made
throughout the year in fisheries north of 34 deg.00'. From that same
study, the 75th percentile values for landed catch are approximately
4500 pounds for trips made in the months of January through April, and
6000 pounds for trips made in May through December, in fisheries south
of 34 deg.00'; and for trips made throughout the year in fisheries
north of 34 deg.00'.
As a result of this review, NMFS requests comments on possible
changes to reduce incidental mortality of ABT while allowing for
commercial use of unavoidable bycatch--namely, to reapportion the base
Incidental longline quota between the northern and southern geographic
regions to more accurately reflect catch trends for those areas and to
also adjust target catch requirements for both the northern and
southern Incidental longline subcategories. Target catch is species
other than Atlantic bluefin tuna that are legally caught, retained, and
offloaded from the same trip and are recorded on the dealer weighout as
sold, and can be in either whole or dressed weight pounds (lb) or
kilograms (kg).
In the Incidental south subcategory, NMFS is considering whether to
adjust target catch requirements adjusted as follows: (1) From January
through April, one fish per vessel per fishing trip with
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at least 1500 lb (680 kg) of target catch, or two fish per vessel per
trip with at least 4500 lb (2040 kg) of target catch; (2) From May
through December, one fish per vessel per fishing trip with at least
3500 lb (1588 kg) of target catch, or two fish per vessel per trip with
at least 6000 lb (2722 kg) of target catch. In the Incidental north
subcategory, NMFS is considering whether to adjust target catch
requirements to one fish per vessel per fishing trip with at least 3500
lb (1588 kg), or two fish per vessel per trip, with at least 6000 lb
(2722 kg) of target catch.
Implement 1996 ICCAT Management Recommendations: NMFS anticipates
that quota modifications as well as other management measures will be
recommended at the 1996 ICCAT meeting. Management issues that are
already on the Commissioners' meeting agenda include recovery plans for
Atlantic bluefin tuna and the establishment of specific management
measures for yellowfin tuna. While the specific nature of these
recommendations will not be known until late November, the recovery
plans will be available after meetings of the Standing Committee on
Research and Statistics (September 9 - 20, 1996 for bluefin).
Other Comments: NMFS is also soliciting comments on other aspects
of tuna regulations, including methods for improving quota monitoring
and enforcement. For the latter, NMFS would like comments on the
possibility of prohibiting vessels permitted in the Atlantic tuna
fishery to carry tuna fishing gear on board on the day prior to the re-
opening of the fishery, including no-fishing days or closed season
days. Finally, suggestions for alternative measures to extend the
fishing season are solicited. No-fishing days and monthly quotas were
established for the 1996 fishery, and NMFS solicits proposals on
modifications to these and/or alternative methods to extend the season.
Request for Comments
NMFS requests comments on possible changes to the Atlantic tuna
regulations as outlined above, in an effort to obtain industry input
prior to developing specific proposals for regulatory alternatives.
Comments received on this ANPR will assist NMFS in drafting proposed
changes to the Atlantic tunas regulations.
Authority: 16 U.S.C. 971 et seq.
Dated: September 12, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-23767 Filed 9-12-96; 12:32 pm]
BILLING CODE 3510-22-F
