[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22218]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 92047-2519; I.D. 083094B]

 

Atlantic Tuna Fisheries; Bluefin Tuna

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Quota transfer; closure; reopening.

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SUMMARY: NMFS announces a transfer of 18 metric tons (mt) from the 
Reserve to the General category of Atlantic bluefin tuna, to ensure a 
late season fishery for the General category, including an 8-mt set-
aside for the New York Bight. This action will assure continued 
collection of biological assessment and monitoring data, provide 
additional fishing opportunities, and increase the economic benefits 
from this fishery. In addition, this action will provide for fishing in 
an area that has not yet had an ample opportunity to harvest a fair 
share of the quota. The General category fishery will open on September 
15, 1994, and close on September 18, 1994. The General category fishery 
will reopen on September 20, 1994, in the New York Bight set-aside 
area, and will remain open until the 8-mt set-aside quota has been 
harvested.

EFFECTIVE DATE: The General category fishery will open at 0001 hours on 
September 15, 1994, and close at 0001 hours on September 18, 1994. The 
General category will reopen on at 0001 hours on September 20, 1994, 
for vessels fishing in the specified set-aside area.

FOR FURTHER INFORMATION CONTACT: John D. Kelly, 301-713-2347; Kevin B. 
Foster, 508-281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) regulating 
the harvest of Atlantic bluefin tuna by persons and vessels subject to 
U.S. jurisdiction are found at 50 CFR part 285.
    Based on landing reports, the Assistant Administrator for 
Fisheries, NOAA, (AA) had determined that the adjusted quota of 
Atlantic bluefin tuna allocated for the General category, minus a 65-mt 
set-aside amount, would be attained by August 15, 1994, and therefore 
closed the General category fishery on that date (59 FR 42176, August 
17, 1994). The intent of that action was to prevent overharvest of the 
quota established for this fishery while reserving enough quota to 
provide a fishing opportunity in areas that had not yet had an ample 
opportunity to harvest a fair share of the quota. Subsequent to the 
closure, more complete accounting of dealer reports indicated that the 
General category had already taken approximately 508 mt of the 531-mt 
quota. Therefore, without an inseason transfer from the Reserve, the 
late-season and New York Bight fishery would be severely restricted.
    Under the implementing regulations at 50 CFR 285.22(f), the AA has 
the authority to allocate any portion of the Reserve amount to any 
fishing category after considering the following factors: (1) The 
usefulness of information obtained from catches of the particular 
category of the fishery for biological sampling and monitoring the 
status of the stock, (2) the catches of the particular gear segment to 
date and the likelihood of closure of that segment of the fishery if no 
allocation is made, (3) the projected ability of the particular gear 
segment to harvest the additional amount of Atlantic bluefin tuna 
before the anticipated end of the fishing season, and (4) the estimated 
amounts by which quotas established for other gear segments of the 
fishery might be exceeded.
    The two most useful fishing categories for purposes of biological 
assessment and monitoring of the stock are the Angling category for 
fish less than 70 inches (178 cm) total fork length (TFL), and the 
General category for fish 70 inches (178 cm) and greater TFL. These 
fisheries provide catch per unit effort data for stock assessment 
purposes.
    Allocating 18 mt from the Reserve to the General category therefore 
responds to the criteria listed above, as follows: (1) General category 
landings are a major contributor to the collection of biological data 
on this fishery; (2) 1994 General category catches have been high 
relative to recent years at this date in the season, and it would be 
necessary to close this category of the fishery soon, unless additional 
quota allocation is made; (3) the New York Bight area normally has a 
late season fishery (late September through October), and has averaged 
10.3 mt over the past 3 years, but took only 5.3 mt last year; and (4) 
overages are unlikely in the Incidental, Purse Seine, and Angling 
categories, and any overages and underages that may occur are to be 
carried over to 1995.
    With this transfer, therefore, the General category has a total of 
41 mt available for the late-season fishery, including the New York 
Bight regional set-aside of 8 mt. Under Sec. 285.22(a), the AA may set 
aside an allocation of the General category quota for an identified 
area, not to exceed the greater of 20 mt or the maximum reported 
landings from the identified area in any of the preceding 3 years. This 
set-aside is made when the AA has determined, based on landings 
reports, that fishermen in an identified area will be precluded from 
harvesting their share of the quota due to: (1) Variations in seasonal 
distribution, abundance, or migration patterns and (2) the catch rate.
    The catch in the New York Bight area for fish greater than 70 
inches (178 cm) was 11.8 mt, 13.8 mt, and 5.3 mt in 1991, 1992, and 
1993, respectively, yielding a 3-year average catch of 10.3 mt. The 
fishery in this area was never closed during these 3 years, since the 
landings never reached the quota set aside for this area. Given that 
there has been only one fish taken in the set-aside area this year, and 
there were only 5.3 mt taken last year, NMFS has determined that a set-
aside of 8 mt should be sufficient for the New York Bight fishery in 
1994. The set-aside area is comprised of the waters in the area south 
and west of a straight line originating at a point on the southern 
shore of Long Island at 72 deg.50' W. long. (near the town of Moriches) 
and running SSE 150 deg. true. The set-aside will be made available 
beginning at 0001 hours on September 20, 1994.
    Recent and historical daily landing rates indicate that the 33 mt 
available to vessels in the General category will be harvested within 3 
days. Therefore, the General category will close at 0001 hours on 
September 18, 1994. After that date, fishing for, retention of, 
possession, or landing of large medium or giant Atlantic bluefin tuna 
by vessels in the General category must cease. Beginning at 0001 hours 
on September 20, 1994, vessels permitted in the General category may 
continue to fish, retain and land in the set-aside area specified 
above, until the remaining 8-mt set-aside quota for that area has been 
harvested. NMFS will publish the date of the closure in the Federal 
Register.

Classification

    This action is required by 50 CFR 285.22(h) and is exempt from E.O. 
12866.

    Dated: September 2, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-22218 Filed 9-2-94; 4:50 pm]
BILLING CODE 3510-22-F