[Federal Register Volume 60, Number 192 (Wednesday, October 4, 1995)]
[Rules and Regulations]
[Pages 51932-51933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24701]



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DEPARTMENT OF COMMERCE
50 CFR Part 285

[I.D. 092895D]


Atlantic Tuna Fisheries; Bluefin Tuna Quota Reallocation

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

ACTION: Quota reallocation and opening of the General category fishery 
in the New York Bight area.

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SUMMARY: NMFS announces a transfer of 10 metric tons (mt) of Atlantic 
Bluefin Tuna (ABT) from the longline-south Incidental subcategory to 
the General category and establishes a geographic set-aside for the New 
York Bight area. NMFS has determined that the fisheries landing ABT 
under the longline-south Incidental subcategory will not achieve the 
full 1995 allocation. NMFS has also determined that variations in the 
seasonal distribution and migration patterns of ABT have prevented 
fishery participants in the New York Bight area from harvesting a share 
of the General category quota. This action is being taken to extend the 
season for the General category, provide for fishing opportunities in 
the New York Bight area, and ensure additional collection of biological 
assessment and monitoring data.

EFFECTIVE DATES: The longline inseason transfer is effective September 
29, 1995. The General category fishery is opened in the New York Bight 
area effective 

[[Page 51933]]
12:01 a.m. local time on October 1, 1995.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, or 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.) governing 
the harvest of ABT by persons and vessels subject to U.S. jurisdiction 
are found at 50 CFR part 285. Section 285.22 subdivides the U.S. quota 
recommended by the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) among the various domestic fishing categories.
    Implementing regulations for the Atlantic tuna fisheries in 1995 
provided for an initial annual quota of 438 mt of large medium and 
giant Atlantic bluefin tuna to be harvested from the regulatory area by 
vessels permitted in the General category. NMFS previously determined 
that this quota had been reached and issued a closure notice (60 FR 
48052, September 18, 1995).
    Regulations effective in 1995 also provided for apportionment of 
the annual quota for the General category into period subquotas (60 FR 
38505, July 27, 1995). These regulations require that overharvest in 
any period be subtracted from the subsequent period. Information 
submitted by tuna dealers indicates that over 550 mt had been harvested 
by vessels permitted in the General category prior to the closure. For 
this reason, no quota remains for the October period subquota 
previously set at 44 mt.
    Under the implementing regulations at 50 CFR 285.22(f), the 
Assistant Administrator for Fisheries, NOAA (AA), has the authority to 
make adjustments to quotas involving transfers between vessel 
categories or, as appropriate, subcategories if, during a single year 
quota period or the second year of a biannual quota period as defined 
by ICCAT, the AA determines, based on landing statistics, present year 
catch rates, effort, and other available information, that any 
category, or as appropriate, subcategory, is not likely to take its 
entire quota as previously allocated for that year.
    Given that determination, the AA may transfer inseason any portion 
of the quota of any fishing category to any other fishing category or 
to the reserve 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 bluefin tuna have migrated to their summer feeding grounds in 
New England waters and incidental catch by longline vessels operating 
south of 34 deg. N. lat. is no longer expected to occur. A total of 45 
mt currently remains of the amount allocated to this southern 
subcategory. Reallocating quota from the Incidental longline-south 
subcategory would allow for a General category fishery in October.
    Such transfer responds to the four criteria listed above as 
follows: (1) General category landings are a major contributor to the 
collection of biological data on this fishery, (2) catch in the General 
category to date has precluded the October fishery as planned and this 
fishery cannot occur if no allocation is made, (3) the General category 
is projected to harvest the additional amount of Atlantic bluefin tuna 
before the anticipated end of the fishing season, and (4) the impact on 
other gear segments is minimal since sufficient quota remains for the 
incidental category, the purse seine fishery is managed under 
individual quotas and other gear segments of the fishery have 
previously been closed.
    Landings information submitted to date indicates that the General 
and Harpoon categories have taken a combined 605 mt, requiring that 120 
mt from the Reserve category be used to cover overharvest. While this 
leaves 25 mt available in the Reserve, NMFS estimates that the Angling 
category has exceeded its quota, thus requiring additional transfers 
from the Reserve. Given the level of General category harvest taken to 
date, and the lack of available reserve, NMFS has determined that 10 mt 
is an appropriate amount to transfer from the Incidental category.
    Regulations at 50 CFR 285.22(a)(3) specify that if variations in 
seasonal distribution, abundance, or migration patterns of ABT, and the 
catch rate, prevent fishermen in an identified area from harvesting 
their share of the quota, the AA may set aside an allocation of up to 
20 mt of the October quota for such area. A New York Bight set-aside 
has been established over the past 3 years at various quota levels. 
Data for 1995 indicate that only nine fish were landed in the General 
category fishery at New York ports and no fish were landed in New 
Jersey. Landing cards indicate that bluefin tuna were generally 
available to fishermen in all other traditional areas. As a result of 
the catch distribution documented to date for the 1995 fishing year, 
NMFS has determined that a New York Bight set-aside is the appropriate 
use of the 10 mt available for the October General category fishery.
    For the reasons set forth above, NMFS exercises its regulatory 
authority to transfer 10 mt of ABT from the Incidental longline-south 
subcategory to the General Category and establishes a geographic 
allocation for the New York Bight area. The General category fishery 
for large medium and giant ABT is therefore reopened as of 12:01 a.m. 
on October 1, 1995, for the set-aside 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.27' W. longitude (near 
Shinnecock inlet) and running SSE 150 deg. true. Persons aboard vessels 
permitted in the General category may fish, retain, and land in the 
set-aside area specified above, until the 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 taken under 50 CFR 285.22 and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 971 et seq.

    Dated: September 29, 1995.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 95-24701 Filed 9-29-95; 4:08 pm]
BILLING CODE 3510-22-F