Illegal Catch without "Green Stick" involving Tuna and other in like Catch for Trade in Supermarkets as Declared

[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
DEPARTMENT OF COMMERCENational Oceanic and Atmospheric
Administration50 CFR Parts 600 and 635[Docket No.
070801432-7435-01]RIN 0648-AV92Atlantic Highly Migratory Species;
Atlantic Tuna Fisheries; Gear Authorization and Turtle Control Devices
Atlantic tunas, including bluefin tuna (BFT); authorize harpoon gear
for the harvest of Atlantic tunas, including BFT, in the Highly
Migratory Species (HMS) Charter/Headboat (CHB) category; and require a
sea turtle control device in Atlantic HMS pelagic longline (PLL) and
bottom longline (BLL) fisheries. Public comments have been received
requesting authorization of these gears for harvest of Atlantic tunas.
The purpose of this proposed rule isto provide additional
opportunities for fishermen to harvest Atlantic tunas within quotas,
size limits, or other established limitations and to distinguish
green-stick fishing gear from current definitions of other authorized
gear types. The purpose of the proposed rule to require sea turtle
control devices in the PLL and BLL fisheries is to achieve and
maintain low post-release mortality of sea turtles thus maintaining
consistency with the 2004 Biological Opinion (BiOp) for the Atlantic
PLL fishery and to increase safety at sea for fishermen when handling
sea turtlescaught or entangled in longline fishing gear.
Fishery Management Plan'' (Consolidated HMS FMP), which consolidated
the management of all Atlantic HMS(i.e., sharks, swordfish, tunas, and
billfish) into one comprehensive FMP. This proposed rule would: (1)
authorize green-stick gear for the harvest of Atlantic tunas by
Atlantic Tunas General category permitted vessels; (2) authorize
green-stick gear for the harvest of Atlantic tunas by HMS
Charter/Headboat (CHB) permitted vessels; (3) authorize green-stick
gear for harvest of Atlantic tunas by Atlantic Tunas Longline category
permitted vessels(but continuing to restrict BFT retention to
incidental retention only); (4) authorize harpoon use for Atlantic
tunas fishing by HMS CHB permitted vessels; and (5) require possession
and use of a sea turtle control device as an addition to the already
existing requirements for sea turtle bycatch mitigation gear. This
action is published in accordance with the framework procedures set
forth in the Consolidated HMS FMP and is supported by the analytical
documents prepared for the Consolidated HMS FMP. Green-stick and
harpoon gears are used primarily to catch yellowfin
tuna (YFT) and BFT, respectively. The most recent YFT stock
assessment, conducted in 2003, indicated that the range of biomass
estimates (B) spanned the estimate of biomass atmaximum sustainable
yield (B MSY ), and the range of fishing mortality (F) estimates
spanned the estimate of fishing mortality at MSY (F MSY ). This means
that the stock may be approaching an overfished condition. YFT is the
principal species of tropical tuna landed by U.S. fisheries in the
western North Atlantic. Totalestimated landings, including
recreational landings, were 5,568 metric tons (mt) and 7,075 mt in
2005 and 2006, respectively, as reportedby the United States to ICCAT
in 2007. The latest western Atlantic BFT stock assessment conducted
in 2006 indicated that estimated spawning stock biomass (SSB) levels
were well below the estimated SSB MSY and estimates of F were above F
MSY . Thus, for western Atlantic BFT, the stock is
overfished and overfishing is occurring. The ICCAT Standing Committee
on Researchand Statistics (SCRS) considered this and other information
when making recommendations to ICCAT for setting total allowable catch
(TAC) limits that would allow for stock rebuilding. Among ICCAT member
states, the United States receives 57.48 percent of the adjusted
western Atlantic BFT TAC which is determined after allocations have
been made for member states with minor harvests and for bycatch/
incidental catch by the United States, Canada, and Mexico.

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