[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13583-13592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5858]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 110210132-1133-01]
RIN 0648-BA65
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quotas
and Atlantic Tuna Fisheries Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments; notice of public hearings.
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SUMMARY: NMFS proposes to modify Atlantic bluefin tuna (BFT) base
quotas for all domestic fishing categories; establish BFT quota
specifications for the 2011 fishing year; reinstate pelagic longline
target catch requirements for retaining BFT in the Northeast Distant
Gear Restricted Area (NED); amend the Atlantic tunas possession at sea
and landing regulations to allow removal of Atlantic tunas tail lobes;
and clarify the transfer at sea regulations for Atlantic tunas. This
action is necessary to implement recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT), as required
by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic
management objectives under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). NMFS solicits written
comments and will hold public hearings to receive oral comments on
these proposed actions.
DATES: Written comments must be received on or before April 14, 2011.
The public hearing dates and times are:
1. March 21, 2011, 3 to 5 p.m., Gloucester, MA.
2. March 22, 2011, 6:30 to 8:30 p.m., Barnegat, NJ.
3. March 28, 2011, 7 to 9 p.m., Manteo, NC.
4. April 5, 2011, 5:15 to 7:15 p.m., Silver Spring, MD.
ADDRESSES: You may submit comments, identified by ``0648-BA65'', by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Fax: 978-281-9340, Attn: Sarah McLaughlin.
Mail: Sarah McLaughlin, Highly Migratory Species
Management Division, Office of Sustainable Fisheries (F/SF1), NMFS, 55
Great Republic Drive, Gloucester, MA 01930.
Instructions: All comments received are a part of the
public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required fields,
if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only. To be considered, electronic comments must be
submitted via the Federal eRulemaking Portal http://www.regulations.gov. Do not submit electronic comments to individual
NMFS staff.
Supporting documents, including the draft Environmental Assessment,
Regulatory Impact Review, and Initial Regulatory Flexibility Analysis,
are available by sending your request to Sarah McLaughlin at the
mailing address specified above. These documents and others, such as
the Fishery Management Plans described below, also may be downloaded
from the HMS Web site at http://www.nmfs.noaa.gov/sfa/hms/.
The public hearing locations are:
1. Gloucester--NMFS, 55 Great Republic Drive, Gloucester, MA 01930.
2. Barnegat--Ocean County Library, 112 Burr Street, Barnegat, NJ
08005.
3. Manteo--Town Hall, 407 Budleigh Street, Manteo, NC 27954.
4. Silver Spring--Crowne Plaza Hotel, 8777 Georgia Avenue, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260.
SUPPLEMENTARY INFORMATION: Atlantic bluefin tuna, bigeye tuna, albacore
tuna, yellowfin tuna, and skipjack tuna (hereafter referred to as
``Atlantic tunas'') are managed under the dual authority of the
Magnuson-Stevens Act and ATCA. ATCA authorizes the Secretary of
Commerce (Secretary) to promulgate regulations, as may be necessary and
appropriate, to implement ICCAT recommendations. The authority to issue
regulations under the Magnuson-Stevens Act and ATCA has been delegated
from the Secretary to the Assistant Administrator for Fisheries, NOAA
(AA).
Background
On May 28, 1999, NMFS published in the Federal Register (64 FR
29090) final regulations, effective July 1, 1999, implementing the
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999
FMP). The 1999 FMP included framework provisions to promulgate annual
specifications for the BFT fishery, in accordance with ATCA and the
Magnuson-Stevens Act, and to implement the annual recommendations of
ICCAT. Since 1982, ICCAT has recommended a Total Allowable Catch of
BFT, and since 1991, ICCAT has recommended specific limits (quotas) for
the United States and other BFT Contracting Parties.
On October 2, 2006, NMFS published in the Federal Register (71 FR
58058) a final rule, effective November 1, 2006, implementing the 2006
Consolidated Atlantic Highly Migratory Species Fishery Management Plan
(Consolidated HMS FMP), which consolidated management of all Atlantic
HMS (i.e., sharks, swordfish, tunas, and billfish)
[[Page 13584]]
into one comprehensive FMP. The implementing regulations for Atlantic
HMS are at 50 CFR part 635. Among other things, the Consolidated HMS
FMP maintained an allocation scheme, established in the 1999 Fishery
Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999 FMP),
for dividing the baseline annual U.S. BFT quota among several domestic
quota categories.
Adjustment of the BFT annual quota is necessary to implement the
2010 ICCAT quota recommendation for western Atlantic bluefin tuna
(western BFT), as required by ATCA, and to achieve domestic management
objectives under the Magnuson-Stevens Act, including rebuilding stocks
and ending overfishing. It is necessary to establish the 2011 quota
specifications in order to adjust the 2011 BFT baseline quota and
subquotas to account for dead discards as well as the amount of 2010
underharvest (of 2010 adjusted quota) allowed by ICCAT to be carried
forward to 2011. In addition to modifying the BFT base quotas and
establishing the quota specifications, NMFS is proposing three Atlantic
tunas management measures, including reinstating pelagic longline
vessel target catch requirements for retaining BFT in the Northeast
Distant Gear Restricted Area (NED); clarifying the regulations
concerning Atlantic tunas possession at sea and landing to allow
removal of Atlantic tunas tail lobes; and clarifying the Atlantic tunas
transfer at sea regulations to address concerns raised in a recent
decision by a NOAA Administrative Law Judge (see Atlantic Tunas
Transfer at Sea section for case reference).
NMFS has prepared a draft Environmental Assessment (EA), Regulatory
Impact Review (RIR), and an Initial Regulatory Flexibility Analysis
(IRFA), which present and analyze anticipated environmental, social,
and economic impacts of several alternatives for each of the major
issues contained in this proposed rule. The complete list of
alternatives and their analysis is provided in the draft EA/RIR/IRFA,
and is not repeated here in its entirety. A copy of the draft EA/RIR/
IRFA prepared for this proposed rule is available from NMFS (see
ADDRESSES).
NMFS plans to make daily retention limit adjustments, if needed,
for the 2011 fishing year via Federal Register notices separate from
the final quota specifications. Federal regulations at 50 CFR 635.23
allow the establishment and adjustment of General and Angling category
retention limits via inseason actions, and NMFS has in the past used
inseason actions for this purpose (i.e., to adjust daily retention
limits).
ICCAT Recommendation, Including the Carrying Forward of Underharvest
ICCAT adopted a western BFT Total Allowable Catch (TAC) of 1,750 mt
annually for 2011 and 2012 after considering the results of the 2010
western BFT stock assessment and following protracted negotiations
among western BFT Contracting Parties (ICCAT Recommendation 10-03--
Supplemental Recommendation by ICCAT concerning the western BFT
Rebuilding Program). The 1,750-mt TAC, reduced from 1,800 mt for 2010,
is expected to allow for continued stock growth under both the low and
high stock recruitment scenarios.
ICCAT Recommendation 10-03 includes a revised allocation scheme
that now includes the United Kingdom (in respect of Bermuda), France
(in respect of St. Pierre and Miquelon), and Mexico. These three ICCAT
Contracting Parties previously received western BFT allocations as
specific tonnage directly from the TAC prior to application of the
agreed allocation scheme (to the United States, Canada, and Japan). The
amount of TAC allocated to the Contracting Parties depends on the
amount of the overall recommended TAC. For 2011 and 2012, the net
effect is that these Contracting Parties will receive the same amounts
as they did in 2009 and 2010 (i.e., 4 mt, 4 mt, and 95 mt,
respectively, for the United Kingdom, France, and Mexico).
For 2011 and 2012, the ICCAT Recommendation makes the following
allocations from the 1,750-mt TAC for bycatch related to directed
longline fisheries in the Northeast Distant gear restricted area (NED):
15 mt for Canada and 25 mt for the United States. Following subtraction
of these allocations directly from the TAC, the recommendation
allocates the remainder to the UK (0.23 percent), France (0.23
percent), Mexico (5.56 percent), the United States (54.02 percent),
Canada (22.32 percent) and Japan (17.64 percent). For the United
States, 54.02 percent of the remaining 1,710 mt is 923.7 mt annually
for 2011 and 2012. This represents the baseline annual U.S. BFT quota
analyzed in this EA. Accounting for the 25-mt NED allocation, the total
U.S. quota is 948.7 mt annually (i.e., a decrease of 28.7 mt or 2.9
percent from the 2010 total U.S. quota of 977.4 mt).
The current ICCAT recommendation also maintains a provision from
previous recommendations allowing a Contracting Party with a quota
allocation to make a one-time transfer within a fishing year of up to
15 percent of its quota allocation to other Contracting Parties with
quota allocations. Contracting Parties with an allocation of 4 mt or
less may transfer up to 100 percent of their allocation. The ICCAT
recommendation stipulates that the quota transfer may not be used to
cover overharvests, and that a Contracting Party that receives a one-
time quota transfer may not re-transfer that quota. Further, as a
method for limiting fishing mortality on juvenile BFT, ICCAT continues
to recommend a tolerance limit on the annual harvest of BFT measuring
less than 115 cm to no more than 10 percent of the total bluefin quota
per Contracting Party over the 2011 and 2012 fishing period. The United
States implements this provision by limiting the harvest of school BFT
(measuring 27 to less than 47 inches (68.5 to less than 119 cm curved
fork length)) as appropriate to not exceed the 10-percent limit over
the 2-year period.
Notably, ICCAT Recommendation 10-03 limits the amount of unused
quota Contracting Parties may carry forward to 2011 to 10 percent of
their total quota. This would limit the amount of 2010 U.S.
underharvest carried forward to 2011 to 94.9 mt (10 percent of the
948.7 mt total U.S. quota). Previously, ICCAT Recommendation 06-06
reduced the amount of underharvest parties could carry forward from 100
percent of a Contracting Party's total allocation to 50 percent. This
aspect of the ICCAT recommendation was maintained through 2010, but
ICCAT recommended in 2008 that the amount be reduced effective for 2011
onward (Recommendation 08-04).
Domestic Allocations and Quotas
The 1999 FMP and its implementing regulations established baseline
percentage quota shares for the domestic fishing categories. These
percentage shares were based on allocation procedures that NMFS
developed over several years, based on historical share, fleet size,
effort, and landings by category, and stock assessment data collection
needs. The baseline percentage quota shares established in the 1999 FMP
and continued in the Consolidated HMS FMP (effective since June 1,
1999), are as follows: General category--47.1 percent; Harpoon
category--3.9 percent; Purse Seine category--18.6 percent; Angling
category--19.7 percent; Longline category--8.1 percent; Trap category--
0.1 percent; and Reserve category--2.5 percent. The second column of
the table below shows the proposed quotas that result from application
of the Consolidated HMS FMP quota shares to
[[Page 13585]]
the 2010 ICCAT-recommended baseline annual U.S. BFT quota. These quotas
would be codified at Sec. 635.27(a) and would remain in effect until
ICCAT adopts a subsequent ICCAT western BFT recommendation. Because
ICCAT adopted TACs for 2011 and 2012 in Recommendation 10-03, NMFS
currently anticipates these base quotas to be in effect for 2012. NMFS
would adjust these base quotas for the 2012 fishing year based on the
best estimate of dead discards and information regarding over- or
underharvests when the 2012 BFT quota specifications are prepared
(likely in early 2012). As described below, 160 mt is used as a proxy
for dead discards based on the 2009 estimate, which is the latest and
best available estimate.
2011 Quota Specifications
In recommendations that applied from 1999 through 2006, ICCAT
historically recommended a deduction of 79 mt from the TAC as an
allowance for dead discards, and the U.S. portion of this allowance was
68 mt. ICCAT recommendations from 2006 onward have neither included a
recommended dead discard allowance nor specified a dead discard
reporting methodology for compliance purposes. Nevertheless, the ICCAT-
recommended TAC and U.S. quota are inclusive of dead discards. The
United States accounts for this mortality as part of the domestic
specification calculation process and reports dead discard estimates to
ICCAT annually.
In 2007 through 2010, NMFS accounted for pelagic longline dead
discards within the Longline category quota, and deducted the best
available estimate of dead discards from the current year Longline base
quota. In the quota specifications for these years, NMFS also carried
forward the full amount of prior-year underharvest allowed by ICCAT and
distributed the underharvest to: (1) Ensure that the Longline category
has sufficient quota to operate during the fishing year after the
required accounting for BFT dead discards; (2) maintain 15 percent of
the 2010 U.S. quota in Reserve for potential transfer to other ICCAT
Contracting Parties and other domestic management objectives, if
warranted; and (3) provide the non-Longline quota categories a share of
the remainder of the underharvest consistent with the allocation scheme
established in the Consolidated HMS FMP. The amount of prior-year
underharvest allowed to be carried forward to 2007 through 2010 was
sufficient to provide the Longline category enough quota to operate
after the required accounting for BFT dead discards.
Since dead discard estimates for 2010 are not yet available, the
2009 estimate of 160 mt is used as a proxy. Estimates of dead discards
from other gear types and fishing sectors that do not use the pelagic
longline vessel logbook are unavailable at this time and thus are not
included in this calculation. Use of the 2009 estimate as a proxy is
appropriate because it is the best available and most complete
information NMFS currently has regarding dead discards. In accordance
with the 2010 ICCAT recommendation, the United States must subtract 160
mt from its baseline allocation.
It is important to note that the ICCAT recommendation to limit the
carrying forward of underharvest to 10 percent of a party's total
allocation, combined with the level of dead discards in recent years,
makes using the method employed in 2007 through 2010 impracticable for
2011 onward. The amount of underharvest that the United States may
carry forward to 2011 (94.9 mt) is insufficient to cover dead discards
(160 mt). Deducting the dead discards from the Longline category (with
a baseline subquota of less than 75 mt) would result in a subquota of 0
mt for the Longline category in 2011 and the need for reduction of the
directed fishing category subquotas and the Reserve to make up the
difference (i.e., about 85 mt). The Longline category baseline quota
allocation (currently 8.1 percent of the baseline annual U.S. BFT
quota) may need to be revisited in the future, although adjustments to
the FMP-based allocation scheme would require an amendment to the
Consolidated HMS FMP.
To establish the 2011 quota specifications, NMFS would subtract the
dead discard estimate of 160 mt from the U.S. baseline quota of 923.7
and add the 94.9 mt of underharvest allowed to be carried forward, for
an adjusted total of 858.6 mt. NMFS then would apply the allocation
scheme established in the Consolidated HMS FMP to the adjusted total
(as shown in the final column of the table below) and described here.
Thus, in accordance with the ICCAT Recommendation 10-03, the
Consolidated HMS FMP percentage shares for each of the domestic
categories, and regulations regarding annual adjustments at Sec.
635.27(a)(10), NMFS proposes domestic category quotas for the 2011
fishing year as follows: General category--404.4 mt; Harpoon category--
33.5 mt; Purse Seine category--159.7 mt; Angling category--169.1 mt;
Longline category--69.5 mt; and Trap category--0.9 mt. The amount
allocated to the Reserve category for inseason adjustments, scientific
research collection, potential overharvest in any category except the
Purse Seine category, and potential quota transfers would be 21.5 mt.
The proposed General category quota of 404.4 mt would be divided
into the time period allocations established in the Consolidated HMS
FMP. Thus, 21.4 mt (5.3 percent) would be allocated to the General
Category for the period beginning January 1, 2011, and ending January
31, 2011; 202.2 mt (50 percent) for the period beginning June 1, 2011,
and ending August 31, 2011; 107.2 mt (26.5 percent) for the period
beginning September 1, 2011, and ending September 30, 2011; 52.6 mt (13
percent) for the period beginning October 1, 2011, and ending November
30, 2011; and 21 mt (5.2 percent) for the period beginning December 1,
2011, and ending December 31, 2011.
The Angling category quota of 169.1 mt would be further subdivided,
pursuant to the area subquota allocations established in the
Consolidated HMS FMP, as follows: School BFT--94.9 mt, with 36.5 mt to
the northern area (north of 39[deg]18' N. latitude), 40.8 mt to the
southern area (south of 39[deg]18' N. latitude), plus 17.6 mt held in
reserve; large school/small medium BFT--70.4 mt, with 33.2 mt to the
northern area and 37.2 mt to the southern area; and large medium/giant
BFT--3.9 mt, with 1.3 mt to the northern area and 2.6 mt to the
southern area.
The Longline category would be subdivided in accordance with the
North/South allocation percentages (i.e., no more than 60 percent to
the south of 31[deg] N. latitude) in the Consolidated HMS FMP. Thus,
the proposed Longline category quota of 69.5 mt would be subdivided as
follows: 27.8 mt to pelagic longline vessels landing BFT north of
31[deg] N. latitude, and 41.7 mt to pelagic longline vessels landing
BFT south of 31[deg] N. latitude. NMFS would account for landings under
the 25-mt NED allocation separately from other Longline category
landings.
[[Page 13586]]
Proposed Atlantic Bluefin Tuna Quotas and Quota Specifications (in metric tons) for the 2011 Fishing Year
[January 1-December 31, 2011]
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2011 Quota specifications
Baseline allocation for --------------------------------------------------
2011 and 2012 (per 2010 Dead
Category (% share of baseline quota) ICCAT recommendation discard 2010
and consolidated HMS deduction underharvest 2011 fishing year quota
FMP allocations) (2009 to carry
proxy) forward 2011
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Total (100)......................... 923.7 -160.0 +94.9 858.6
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Angling (19.7)...................... 182.0 .......... ............ 169.1
SUBQUOTAS: .......... ............ SUBQUOTAS:
School 94.9 .......... ............ School 94.9
Reserve 17.6 .......... ............ Reserve 17.6
North 36.5 .......... ............ North 36.5
South 40.8 .......... ............ South 40.8
LS/SM 82.9 .......... ............ LS/SM 70.4
North 39.1 .......... ............ North 33.2
South 43.8 .......... ............ South 37.2
Trophy 4.2 .......... ............ Trophy 3.9
North 1.4 .......... ............ North 1.3
South 2.8 .......... ............ South 2.6
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General (47.1)...................... SUBQUOTAS: .......... ............ SUBQUOTAS:
Jan 23.1 .......... ............ Jan 21.4
Jun-Aug 217.6 .......... ............ Jun-Aug 202.2
Sept 115.3 .......... ............ Sept 107.2
Oct-Nov 56.6 .......... ............ Oct-Nov 52.6
Dec 22.6 .......... ............ Dec 21.0
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Harpoon (3.9)....................... 36.0 .......... ............ 33.5
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Purse Seine (18.6).................. 171.8 .......... ............ 159.7
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Longline (8.1)...................... 74.8 .......... ............ 69.5
SUBQUOTAS: .......... ............ SUBQUOTAS:
North (-NED) 29.9 .......... ............ North (-NED) 27.8
NED 25.0\*\ .......... ............ NED 25.0*
South 44.9 .......... ............ South 41.7
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Trap (0.1).......................... 0.9 .......... ............ 0.9
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Reserve (2.5)....................... 23.1 .......... ............ 21.5
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\*\ 25 mt to account for bycatch of BFT in pelagic longline fisheries in the NED. Not included in totals at top
of table.
Reinstatement of NED Target Catch Requirements
NMFS has implemented a series of management measures designed to
regulate the incidental catch of BFT in non-directed Atlantic
fisheries. Target catch requirements for the retention of BFT have been
in effect for the pelagic longline fishery since 1981 (46 FR 8012,
January 26, 1981) and are currently as follows: One large medium or
giant BFT (i.e., measuring 73 inches or greater) per vessel per trip
may be landed, provided that at least 2,000 lb of species other than
BFT are legally caught, retained, and offloaded from the same trip and
are recorded on the dealer weighout slip as sold; two large medium or
giant BFT may be landed incidentally to at least 6,000 lb of species
other than BFT; and three large medium or giant BFT may be landed
incidentally to at least 30,000 lb of species other than BFT (68 FR
32414, May 30, 2003).
Pursuant to a 2001 Biological Opinion, NMFS closed the NED in July
2002 to HMS-permitted pelagic longline vessels and conducted a research
experiment in this area on various pelagic longline gear modifications
to reduce sea turtle bycatch and bycatch mortality in the pelagic
longline fishery (67 FR 45393, July 9, 2002). The NED is the Atlantic
Ocean area bounded by straight lines connecting the following
coordinates in the order stated: 35[deg]00' N. lat., 60[deg]00' W.
long.; 55[deg]00' N. lat., 60[deg]00' W. long.; 55[deg]00' N. lat.,
20[deg]00' W. long.; 35[deg]00' N. lat., 20[deg]00' W. long.;
35[deg]00' N. lat., 60[deg]00' W. long. This fishing ground covers
virtually the entire span of the western north Atlantic, as far east as
the Azores and the Mid-Atlantic Ridge.
The regulations were adjusted to allow vessels to fish in the NED
if they met specific gear requirements and practiced safe handling and
release of sea turtles during the research experiment. Beginning in
November 2003, these vessels were allowed to retain all commercial-
sized (large medium and giant) BFT taken incidental to fishing for
other species while in that area, up to the 25-mt NED allocation with
no attendant target catch requirement (68 FR 56788, October 2, 2003).
However, after the research experiment was completed and the NED
reopened, NMFS did not reinstate the target catch requirements. Under
the current regulations, it is only once the 25-mt allocation is met
that the target catch requirements apply in the NED.
From 2004 until 2009, NED landings were less than the available
quota for that area (25 mt), despite the lack of
[[Page 13587]]
NED target catch requirements. In 2009, the 25-mt NED allocation was
met during the fishing year, while northern area longline activity was
ongoing. As a result, the bluefin tuna target catch requirements
specified for the longline category became applicable in the NED from
October 20-December 31, 2009 (74 FR 53671, October 20, 2009).
NMFS proposes to reinstate target catch requirements for pelagic
longline vessels fishing in the NED. This action would effectively
remove the exemption from target catch requirements that has applied in
the NED since November 2003. NMFS would remove the provision that
allows unlimited retention of commercial-sized BFT taken incidental to
fishing for other species in the NED up to the amount allocated for the
NED (currently 25 mt). Instead, the same target catch requirements
(described in the first paragraph of this section) would apply in all
areas (i.e., both inside and outside of the NED).
Reinstating the target catch requirements in the NED would result
in the same target catch requirements applying to all Longline category
participants regardless of where they fish. Over the last several
years, many individuals and environmental organizations have expressed
concern that the lack of target catch requirements in the NED provides
economic incentive to increase fishing effort to retain BFT in what is
intended to be an incidental fishery. This action would help NMFS align
BFT catch (landings and discards) with available quotas. In 2009,
approximately 51 mt of BFT were landed from the NED, and total landings
were 131 mt, 31 percent greater than the total 100 mt (landings quota)
available for the Longline category. Constraining Longline category BFT
landings to its quota serves to allow the fleet to continue to
participate in their directed fisheries (e.g., Atlantic yellowfin tuna
(YFT) and swordfish) year-round with less risk of fishery interruption
due to insufficient BFT quota availability. Further, it would reduce
the need for BFT quota reallocation from directed fisheries or the
Reserve to cover excess pelagic longline BFT landings. To address
similar issues, as well as to increase the survival of spawning BFT,
NMFS published a proposed rule to require weak hook use in the Gulf of
Mexico pelagic longline fishery (76 FR 2313, January 13, 2011), and
final rulemaking is forthcoming. Both of these efforts regarding the
pelagic longline fishery are consistent with the agency's efforts to
address bycatch issues and manage BFT catch and landings within
available quotas.
Atlantic Tunas Possession at Sea and Landing Form
The sole criterion for determining the size and/or size class of
whole or round (head on) Atlantic tunas is a curved fork length (CFL)
measurement, which is the length of a fish measured from the tip of the
upper jaw to the fork of the tail along the contour of the body in a
line that runs along the top of the pectoral fin and the top of the
caudal keel.
When the head of an Atlantic tuna is removed, pectoral fin curved
fork length (PFCFL) is the legal means of measuring the fish. PFCFL is
the length of a fish measured from the dorsal insertion of the pectoral
fin to the fork of the tail measured along the contour of the body in a
line that runs along the top of the pectoral fin and the top of the
caudal keel. The fork of the tail must be attached to the fish to
attain proper CFL and PFCFL measurements. For a BFT with the head
removed, the CFL is determined by multiplying the PFCFL by a conversion
factor of 1.35. The resulting CFL is the sole criterion for determining
the size class of a BFT with the head removed. For a bigeye or
yellowfin tuna, NMFS prohibits the removal of the head if the remaining
portion would be less than 27 inches from the fork of the tail to the
forward edge of the cut.
The regulations regarding possession at sea and landing specify
that managed Atlantic tunas landed in an Atlantic coastal port must be
maintained through offloading either in round form or eviscerated with
the head and fins removed, provided one pectoral fin and the tail
remain attached. NMFS has received requests from commercial Atlantic
tuna fisheries participants in the last few years, including via the
HMS Advisory Panel, to allow removal of Atlantic tuna tails at sea to
make fish storage more efficient. NMFS proposes to clarify the
regulations regarding Atlantic tunas possession at sea and landing to
specify that as long as the fork of the tail remains intact, the upper
and lower lobes of the tail may be removed (as shown in the figure
below). This would balance the need for maintaining a standardized
method of measuring Atlantic tunas with the request to allow Atlantic
tunas to be stored at sea in a more efficient manner. This rulemaking
will not affect the measurement methodology or requirements for species
other than Atlantic tunas.
[[Page 13588]]
[GRAPHIC] [TIFF OMITTED] TP14MR11.002
Atlantic Tunas Transfer at Sea
Currently, the regulations regarding transfer at sea specify that,
with a specific exception for owners and operators of a vessel for
which a Purse Seine category Atlantic Tunas category permit has been
issued, persons may not transfer an Atlantic tuna in the Atlantic
Ocean, regardless of where the fish was harvested. Following a recent
NOAA Administrative Law Judge decision involving the transfer of a BFT
at sea [In the Matter of Brant McMullan & Roger A. Gales, Docket No.
SE0900591FM (December 7, 2010)], NMFS has decided to clarify the intent
of the Atlantic tunas transfer-at-sea regulations and prohibitions.
NMFS proposes to add a sentence to the regulatory text regarding
transfer at sea of Atlantic tunas that would read: ``Notwithstanding
the definition of ``harvest'' at Sec. 600.10, for the purposes of this
part, transfer includes, but is not limited to, moving or attempting to
move an Atlantic tuna that is on fishing gear in the water from one
vessel to another vessel.'' In the future, NMFS may make similar
clarifications regarding transfer at sea for other Atlantic highly
migratory species via separate actions pertaining to those species.
Request for Comments
NMFS solicits comments on this proposed rule through April 14,
2011. See instructions in ADDRESSES section above.
The public hearings will be physically accessible to people with
disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to Sarah McLaughlin at (978) 281-
9279, at least 7 days prior to the hearing date.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that the proposed rule is
consistent with the 2006 Consolidated HMS FMP, the Magnuson-Stevens
Act, ATCA, and other applicable law, subject to further consideration
after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act. The IRFA describes the economic impact this proposed
rule, if adopted, would have on small entities. A description of the
action, why it is being considered, and the legal basis for this action
are contained in the preamble to this proposed rule. A summary of the
analysis follows. A copy of this analysis is available from NMFS (see
ADDRESSES).
In compliance with section 603(b)(1) of the Regulatory Flexibility
Act, the purpose of this proposed rulemaking is, consistent with the
2006 Consolidated HMS FMP objectives, the Magnuson-Stevens Act, and
other applicable law, to analyze the impacts of the alternatives for
implementing and allocating the ICCAT-recommended U.S. quota for 2011
and 2012; adjusting the 2011 U.S. quota and subquotas to account for
BFT dead discards and unharvested 2010 quota allowed by ICCAT to be
carried forward to 2011; reinstating pelagic longline target catch
requirements for retaining BFT in the Northeast Distant Gear Restricted
Area; amending the Atlantic tunas possession at sea and landing
regulations to allow removal of tail lobes; and clarifying the transfer
at sea regulations for Atlantic tunas.
In compliance with section 603(b)(2) of the Regulatory Flexibility
Act, the objectives of this proposed rulemaking are to implement ICCAT
recommendations, including accounting for BFT dead discards and
underharvest of the 2010 adjusted quota in the 2011 quota
specifications, implement uniform target catch requirements for
Longline category participants regardless of where they fish, and
clarify the regulations concerning Atlantic tunas possession at sea and
landing and Atlantic tunas transfer at sea.
Section 603(b)(3) requires Agencies to provide an estimate of the
number of small entities to which the rule would apply. The proposed
quota action would apply to all participants in the Atlantic BFT
fisheries, all of which are considered small entities, because they
either had average annual receipts less than $4.0 million for fish-
harvesting, average annual receipts less than $6.5 million for charter/
party boats, 100 or fewer employees for wholesale dealers, or 500 or
fewer employees for seafood processors. These are the Small
[[Page 13589]]
Business Administration (SBA) size standards for defining a small
versus large business entity in this industry. This action would apply
to all participants in the Atlantic BFT fishery, all of which are
considered small entities. As shown in Table 5 of the IRFA, there are
over 32,000 vessels that held an Atlantic HMS Charter/Headboat,
Atlantic HMS Angling, or an Atlantic tunas permit as of October 2010.
These permitted vessels consist of commercial, recreational, and
charter vessels as well as headboats.
Reinstatement of target catch requirements in the NED would affect
those Longline category permitted vessels that fish in the NED. As
shown in Table 9 of the IRFA, over the last 5 years, an annual total
ranging from 6 to 10 vessels have reported trips in the NED and an
annual total ranging from 4 to 8 vessels have landed BFT from the NED.
However, to the extent that this action could avoid the need for
fishery interruption due to insufficient BFT quota availability, it
could affect all 248 Longline category permitted vessels.
Clarification of the Atlantic tunas landing form and transfer at
sea regulations would be informative to owners and operators of
Atlantic tunas permitted vessels and Atlantic HMS permitted vessels
fishing for tunas, although material impacts are not expected to occur
from the related changes in this action.
Under section 603(b)(4) of the Regulatory Flexibility Act, agencies
are required to describe any new reporting, recordkeeping and other
compliance requirements. There are no new reporting or recordkeeping
requirements in any of the alternatives considered for this action.
Under section 603(b)(5) of the Regulatory Flexibility Act, agencies
must identify, to the extent practicable, relevant Federal rules which
duplicate, overlap, or conflict with the proposed rule. Fishermen,
dealers, and managers in these fisheries must comply with a number of
international agreements, domestic laws, and other FMPs. These include,
but are not limited to, the Magnuson-Stevens Act, the Atlantic Tunas
Convention Act, the High Seas Fishing Compliance Act, the Marine Mammal
Protection Act, the Endangered Species Act, the National Environmental
Policy Act, the Paperwork Reduction Act, and the Coastal Zone
Management Act. This proposed rule has also been determined not to
duplicate, overlap, or conflict with any other Federal rules.
Under section 603(c) of the Regulatory Flexibility Act, agencies
are required to describe any alternatives to the proposed rule which
accomplish the stated objectives and which minimize any significant
economic impacts. These impacts are discussed below and in the EA.
Additionally, the Regulatory Flexibility Act (5 U.S.C. 603(c)(1)-(4))
lists four general categories of significant alternatives that would
assist an agency in the development of significant alternatives. These
categories of alternatives are: (1) Establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; (3) use of
performance rather than design standards; and, (4) exemptions from
coverage of the rule for small entities.
In order to meet the objectives of this proposed rule, consistent
with Magnuson-Stevens Act and the Endangered Species Act (ESA), NMFS
cannot exempt small entities or change the reporting requirements only
for small entities because all the entities affected are considered
small entities. Thus, there are no alternatives discussed that fall
under the first and fourth categories described above. NMFS does not
know of any performance or design standards that would satisfy the
aforementioned objectives of this rulemaking while, concurrently,
complying with the Magnuson-Stevens Act. Thus, there are no
alternatives considered under the third category. As described below,
NMFS analyzed several different alternatives in this proposed
rulemaking and provides rationale for identifying the preferred
alternative to achieve the desired objective. The alternatives
considered and analyzed are described below. The IRFA assumes that each
vessel within a category will have similar catch and gross revenues to
show the relative impact of the proposed action on vessels.
NMFS has estimated the average impact that the alternative to
establish the 2011 and 2012 BFT quota for all domestic fishing
categories would have on individual categories and the vessels within
those categories. As mentioned above, the 2010 ICCAT recommendation
reduced the U.S. baseline BFT quota for 2011 and 2012 to 923.7 mt and
provides 25 mt for incidental catch of BFT related to directed longline
fisheries in the NED. This action would distribute the baseline quota
of 923.7 mt to the domestic fishing categories based on the allocation
percentages established in the Consolidated HMS FMP.
In 2010, the annual gross revenues from the commercial BFT fishery
were approximately $8.9 million. As of October 2010, there were 8,311
vessels permitted to land and sell BFT under four commercial BFT quota
categories (including charter/headboat vessels). The commercial
categories and their 2010 gross revenues are General ($7.8 million),
Harpoon ($202,643), Purse Seine ($0), and Longline ($878,908).
For the allocation of BFT quota among domestic fishing categories,
NMFS analyzed a no action alternative and Alternative A2 (preferred
alternative), which would implement the 2010 ICCAT recommendation. NMFS
considered a third alternative (A3) that would have allocated the 2010
ICCAT recommendation in a manner other than that designated in the
Consolidated HMS FMP. Alternative A3 would result in a de facto quota
reallocation among categories, and an FMP amendment would be necessary
for its implementation. Preparation of an FMP amendment is not possible
in the brief period of time between receipt of the ICCAT
recommendation, which occurred in late November 2010, and the 2011
fishing year, the bulk of which begins in June. Therefore, Alternative
A3 was not analyzed. But, if an FMP amendment was feasible, positive
economic impacts would be expected to result on average for vessels in
permit categories that would receive a greater share than established
in the FMP, and negative economic impacts would be expected to result
on average for vessels in permit categories that would receive a lesser
share than established in the FMP. Impacts per vessel would depend on
the temporal and spatial availability of BFT to participants.
As noted above, Alternative A2 would implement the 2010 ICCAT
recommendation in accordance with the Consolidated HMS FMP and
consistent with ATCA, under which the United States is obligated to
implement ICCAT-approved quota recommendations, as necessary and
appropriate. The preferred alternative would implement this quota and
have slightly positive impacts for fishermen. The no action alternative
would keep the quota at pre-2010 ICCAT recommendation levels
(approximately 29 mt more) and would not be consistent with the purpose
and need for this action, the Consolidated HMS FMP, and ATCA. The
economic impacts to the United States and to local economies would be
similar in distribution and scale to 2010 (e.g., annual commercial
gross revenues of approximately $8.9 million, as described above), or
recent prior years, and would provide fishermen additional fishing
opportunities, subject to the availability of BFT to the fishery, in
the
[[Page 13590]]
short term. In the long term, however, as stock growth is hindered,
negative impacts would result.
It is difficult to estimate average potential ex-vessel revenues to
commercial participants, largely because revenues depend heavily on the
availability of large medium and giant BFT to the fishery. Section 6 of
the EA/RIR/IRFA describes potential revenue losses per commercial quota
category based on each category's proposed base quota reduction and
price-per-pound information from 2010 (i.e., $206,251 for the General
category, $13,944 for the Harpoon category, $25,150 for the Longline
category, and $1,093 for the Trap category); although the Purse Seine
category had no BFT landings in 2010, potential revenue losses of
$69,639 were estimated. As described in Section 4 of the EA/RIR/IRFA,
because the directed commercial categories have underharvested their
subquotas in recent years, particularly 2004-2008, the potential
decreases in ex-vessel revenues above overestimate the probable
economic impacts to those categories relative to recent conditions.
Additionally, there has been substantial interannual variability in ex-
vessel revenues per category in recent years due to recent changes in
BFT availability and other factors. Generally, the interannual
differences in ex-vessel revenues per category have been larger than
the potential impacts described above.
Data on net revenues of individual fishermen are lacking, so the
economic impact of the alternatives is averaged across each category.
This is an appropriate approach for BFT fisheries, in particular
because available landings data (weight and ex-vessel value of the fish
in price-per-pound) allow NMFS to calculate the gross revenue earned by
a fishery participant on a successful trip. The available data do not,
however, allow NMFS to calculate the effort and cost associated with
each successful trip (e.g., the cost of gas, bait, ice, etc.), so net
revenue for each participant cannot be calculated. As a result, NMFS
analyzes the average impact of the proposed alternatives among all
participants in each category.
Success rates vary widely across participants in each category (due
to extent of vessel effort and availability of commercial-sized BFT to
participants where they fish) but for the sake of estimating potential
revenue loss per vessel, category-wide revenue losses can be divided by
the number of permitted vessels in each category. Because HMS Charter/
Headboat vessels may fish commercially under the General category quota
and retention limits, Charter/Headboat permitted vessels are considered
along with General category vessels when estimating potential General
category ex-vessel revenue changes. Potential ex-vessel revenue losses
are estimated as follows: General category (including Charter/Headboat
vessels): $26; Harpoon category: $480; Longline category (incidental):
$101; Trap category (incidental): $182; and Purse Seine category:
$13,928. Section 6 of the EA/RIR/IRFA describes potential revenue
losses per commercial quota category based on each category not having
access to quota that would be available through the carrying forward of
2010 underharvest, were it not for the ICCAT recommendation that limits
the amount that may be carried forward to 10 percent of a Contracting
Party's total quota beginning effective for 2011. Potential ex-vessel
revenue losses resulting from this change are estimated as follows:
General category (including Charter/Headboat vessels): $107; Harpoon
category: $4,808; Longline category (incidental): $1,014; Trap category
(incidental): $519; and Purse Seine category: $139,278. These values
likely overestimate potential revenue losses for vessels that actively
fish and are successful in landing at least one BFT.
The proposed reinstatement of target catch requirements for pelagic
longline vessels in the NED could, as described in Section 6.6.2 of the
IRFA, result in a potential loss of $341,228. If this reduction is
calculated for the universe of vessels participating in the NED over
the last 5 years (range of 6-10 vessels), it would represent average
potential ex-vessel reductions of $34,123-$56,871 per vessel. If the
reduction is calculated across Longline category vessels, it would be
$1,376 per vessel. In Section 6.6.2 of the IRFA, acknowledging that the
2009 number of BFT taken in the NED in 2009 may have been anomalous,
NMFS also provided a figure for potential revenue loss of $42,408. This
would represent average potential ex-vessel reductions of $4,241-$7,068
per vessel. If the reduction is calculated across Longline category
vessels, it would be $171 per vessel.
However, the preferred alternative is expected to result in the
most positive short and long-term socio-economic impacts for the
majority of BFT fishery participants, including Longline category
participants, as it would increase the likelihood that the Longline
category quota will be available through the end of the year, without
interruption, and decrease the potential need for reallocation from
directed quota categories or quota reductions in subsequent years to
cover Longline category excesses.
The other considered alternative was a no action alternative
(maintaining the de facto exemption from target catch requirements for
pelagic longline vessels fishing in the NED). The no action alternative
risks exceeding the available Longline category quota, particularly in
years where availability of commercial-sized BFT is high in the NED
during directed pelagic longline activity for target species.
The modifications to the regulations concerning Atlantic tunas
possession and landing form and Atlantic tunas transfer at sea are
intended to facilitate Atlantic tunas storage and provide
clarification, respectively. While these changes would apply to all
vessels holding Atlantic tunas, HMS Charter/Headboat, and HMS Angling
category permits (totaling approximately 33,000 vessels), they are not
expected to have significant economic impacts. Therefore, NMFS has not
analyzed alternatives beyond the preferred alternatives and no action.
Specific estimates of economic impacts of these preferred alternatives
are not quantifiable.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: March 9, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator, for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is
proposed to be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
1. The authority citation for part 635 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Sec. 635.23 [Amended]
2. In Sec. 635.23, remove paragraph (f)(3).
3. In Sec. 635.27, paragraphs (a) introductory text, (a)(1)(i),
(a)(2), (a)(3), (a)(4)(i), (a)(5), (a)(7)(i), and (a)(7)(ii) are
revised to read as follows:
Sec. 635.27 Quotas.
(a) BFT. Consistent with ICCAT recommendations, and with paragraph
(a)(10)(iv) of this section, NMFS may subtract the most recent,
complete, and available estimate of dead discards from the annual U.S.
BFT quota, and make
[[Page 13591]]
the remainder available to be retained, possessed, or landed by persons
and vessels subject to U.S. jurisdiction. The remaining baseline annual
U.S. BFT quota will be allocated among the General, Angling, Harpoon,
Purse Seine, Longline, Trap, and Reserve categories. BFT may be taken
by persons aboard vessels issued Atlantic Tunas permits, HMS Angling
permits, or HMS Charter/Headboat permits. The baseline annual U.S. BFT
quota is 923.7 mt, not including an additional annual 25 mt allocation
provided in paragraph (a)(3) of this section. The baseline annual U.S.
BFT quota is divided among the categories as follows: General--47.1
percent (435.1 mt); Angling--19.7 percent (182.0 mt), which includes
the school BFT held in reserve as described under paragraph (a)(7)(ii)
of this section; Harpoon--3.9 percent (36.0 mt); Purse Seine--18.6
percent (171.8 mt); Longline--8.1 percent (74.8 mt), which does not
include the additional annual 25 mt allocation provided in paragraph
(a)(3) of this section; and Trap--0.1 percent (0.9 mt). The remaining
2.5 percent (23.1 mt) of the baseline annual U.S. BFT quota will be
held in reserve for inseason or annual adjustments based on the
criteria in paragraph (a)(8) of this section. NMFS may apportion a
quota allocated to any category to specified fishing periods or to
geographic areas and will make annual adjustments to quotas, as
specified in paragraph (a)(10) of this section. BFT quotas are
specified in whole weight.
(1) * * *
(i) Catches from vessels for which General category Atlantic Tunas
permits have been issued and certain catches from vessels for which an
HMS Charter/Headboat permit has been issued are counted against the
General category quota in accordance with Sec. 635.23(c)(3). The
amount of large medium and giant BFT that may be caught, retained,
possessed, landed, or sold under the General category quota is 47.1
percent (435.1 mt) of the baseline annual U.S. BFT quota, and is
apportioned as follows:
(A) January 1 through January 31--5.3 percent (23.1 mt);
(B) June 1 through August 31--50 percent (217.6 mt);
(C) September 1 through September 30--26.5 percent (115.3 mt);
(D) October 1 through November 30--13 percent (56.6 mt); and
(E) December 1 through December 31--5.2 percent (22.6 mt).
* * * * *
(2) Angling category quota. In accordance with the framework
procedures of the Consolidated HMS FMP, prior to each fishing year, or
as early as feasible, NMFS will establish the Angling category daily
retention limits. The total amount of BFT that may be caught, retained,
possessed, and landed by anglers aboard vessels for which an HMS
Angling permit or an HMS Charter/Headboat permit has been issued is
19.7 percent (182 mt) of the baseline annual U.S. BFT quota. No more
than 2.3 percent (4.2 mt) of the annual Angling category quota may be
large medium or giant BFT. In addition, over each 2-consecutive-year
period (starting in 2011, inclusive), no more than 10 percent of the
annual U.S. BFT quota, inclusive of the allocation specified in
paragraph (a)(3) of this section, may be school BFT. The Angling
category quota includes the amount of school BFT held in reserve under
paragraph (a)(7)(ii) of this section. The size class subquotas for BFT
are further subdivided as follows:
(i) After adjustment for the school BFT quota held in reserve
(under paragraph (a)(7)(ii) of this section), 52.8 percent (40.8 mt) of
the school BFT Angling category quota may be caught, retained,
possessed, or landed south of 39[deg]18' N. lat. The remaining school
BFT Angling category quota (36.5 mt) may be caught, retained, possessed
or landed north of 39[deg]18' N. lat.
(ii) An amount equal to 52.8 percent (43.8 mt) of the large school/
small medium BFT Angling category quota may be caught, retained,
possessed, or landed south of 39[deg]18[min] N. lat. The remaining
large school/small medium BFT Angling category quota (39.1 mt) may be
caught, retained, possessed or landed north of 39[deg]18[min] N. lat.
(iii) An amount equal to 66.7 percent (2.8 mt) of the large medium
and giant BFT Angling category quota may be caught, retained,
possessed, or landed south of 39[deg]18[min] N. lat. The remaining
large medium and giant BFT Angling category quota (1.4 mt) may be
caught, retained, possessed or landed north of 39[deg]18[min] N. lat.
(3) Longline category quota. The total amount of large medium and
giant BFT that may be caught incidentally and retained, possessed, or
landed by vessels that possess Longline category Atlantic Tunas permits
is 8.1 percent (74.8 mt) of the baseline annual U.S. BFT quota. No more
than 60.0 percent (44.9 mt) of the Longline category quota may be
allocated for landing in the area south of 31[deg]00[min] N. lat. In
addition, 25 mt shall be allocated for incidental catch by pelagic
longline vessels fishing in the Northeast Distant gear restricted area.
(4) * * *
(i) The total amount of large medium and giant BFT that may be
caught, retained, possessed, or landed by vessels that possess Purse
Seine category Atlantic Tunas permits is 18.6 percent (171.8 mt) of the
baseline annual U.S. BFT quota. The directed purse seine fishery for
BFT commences on July 15 of each year unless NMFS takes action to delay
the season start date. Based on cumulative and projected landings in
other commercial fishing categories, and the potential for gear
conflicts on the fishing grounds or market impacts due to oversupply,
NMFS may delay the BFT purse seine season start date from July 15 to no
later than August 15 by filing an adjustment with the Office of the
Federal Register prior to July 1. The Purse Seine category fishery
closes on December 31 of each year.
* * * * *
(5) Harpoon category quota. The total amount of large medium and
giant BFT that may be caught, retained, possessed, landed, or sold by
vessels that possess Harpoon category Atlantic Tunas permits is 3.9
percent (36.0 mt) of the baseline annual U.S. BFT quota. The Harpoon
category fishery commences on June 1 of each year, and closes on
November 15 of each year.
* * * * *
(7) * * *
(i) The total amount of BFT that is held in reserve for inseason or
annual adjustments and fishery-independent research using quotas or
subquotas is 2.5 percent (23.1 mt) of the baseline annual U.S. BFT
quota. Consistent with paragraph (a)(8) of this section, NMFS may
allocate any portion of this reserve for inseason or annual adjustments
to any category quota in the fishery.
(ii) The total amount of school BFT that is held in reserve for
inseason or annual adjustments and fishery-independent research is 18.5
percent (17.6 mt) of the total school BFT Angling category quota as
described under paragraph (a)(2) of this section. This amount is in
addition to the amounts specified in paragraph (a)(7)(i) of this
section. Consistent with paragraph (a)(8) of this section, NMFS may
allocate any portion of the school BFT Angling category quota held in
reserve for inseason or annual adjustments to the Angling category.
* * * * *
4. In Sec. 635.29, paragraph (a) is revised to read as follows:
Sec. 635.29 Transfer at sea.
(a) Persons may not transfer an Atlantic tuna, blue marlin, white
marlin, roundscale spearfish, or swordfish at sea in the Atlantic
Ocean, regardless of where the fish was
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harvested. Notwithstanding the definition of ``harvest'' at Sec.
600.10, for the purposes of this part, transfer includes, but is not
limited to, moving or attempting to move an Atlantic tuna that is on
fishing gear in the water from one vessel to another vessel. However,
an owner or operator of a vessel for which a Purse Seine category
Atlantic Tunas category permit has been issued under Sec. 635.4 may
transfer large medium and giant BFT at sea from the net of the catching
vessel to another vessel for which a Purse Seine category Atlantic
Tunas permit has been issued, provided the amount transferred does not
cause the receiving vessel to exceed its currently authorized vessel
allocation, including incidental catch limits.
* * * * *
5. In Sec. 635.30, paragraph (a) is revised to read as follows:
Sec. 635.30 Possession at sea and landing.
(a) Atlantic tunas. Persons that own or operate a fishing vessel
that possesses an Atlantic tuna in the Atlantic Ocean or that lands an
Atlantic tuna in an Atlantic coastal port must maintain such Atlantic
tuna through offloading either in round form or eviscerated with the
head and fins removed, provided one pectoral fin and the tail remain
attached. The upper and lower lobes of the tuna tail may be removed for
storage purposes as long as the fork of the tail remains intact.
* * * * *
[FR Doc. 2011-5858 Filed 3-11-11; 8:45 am]
BILLING CODE 3510-22-P