[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39361-39362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19129]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[I.D. 072396B]

Atlantic Tuna Fisheries; Fishery Closure and Reallocation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure and reallocation.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (ABT) 
Harpoon category annual quota and the June/July period General category 
quota for 1996 will be attained by July 24, 1996. Therefore, the 1996 
Harpoon category fishery will be closed effective at 11:30 p.m. on July 
24, 1996, and the General category fishery for June/July will be closed 
effective at 11:30 p.m. on July 24, 1996. This action is being taken to 
prevent overharvest of these categories. NMFS also announces a transfer 
of 10 mt of ABT from the longline-south Incidental subcategory to the 
longline-north Incidental subcategory. NMFS has determined that the 
fisheries landing ABT under the longline-south Incidental subcategory 
are not likely to achieve the full 1996 allocation. This reallocation 
is being taken to extend the season for the longline-north Incidental 
subcategory, ensure additional collection of biological assessment and 
monitoring data, and prevent waste of ABT that might otherwise be 
discarded dead.

EFFECTIVE DATES: The General category closure for the June/July period 
is effective 11:30 p.m. local time on July

[[Page 39362]]

24, 1996, through July 31, 1996. The Harpoon category closure is 
effective 11:30 p.m. local time on July 24, 1996, through December 31, 
1996. The longline inseason transfer is effective July 23, 1996.

FOR FURTHER INFORMATION CONTACT: Chris Rogers, 301-713-2347, or Mark 
Murray-Brown, 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.

General and Harpoon Category Closures

    NMFS is required, under 285.20(b)(1), to monitor the catch and 
landing statistics and, on the basis of these statistics, to project a 
date when the catch of ABT will equal the quota and publish a Federal 
Register announcement to close the applicable fishery.
    Implementing regulations for the Atlantic tuna fisheries at 50 CFR 
285.22 provide for a quota of 133 mt of large medium and giant ABT to 
be harvested from the regulatory area by vessels permitted in the 
General category during the period beginning June 1 and ending July 31. 
Based on reported catch and effort, NMFS projects that this quota will 
be reached by July 24, 1996. Therefore, fishing for, retaining, 
possessing, or landing large medium or giant ABT by vessels in the 
General category must cease at 11:30 p.m. local time July 24, 1996. The 
General category will reopen August 1, 1996 with a quota of 186 mt for 
the August period.
    Implementing regulations for the Atlantic tuna fisheries at 50 CFR 
285.22 provide for a quota of 53 mt of large medium and giant ABT to be 
harvested from the regulatory area by vessels permitted in the Harpoon 
category. Based on reported catch and effort, NMFS projects that this 
quota will be reached by July 24, 1996. Therefore, fishing for, 
retaining, possessing, or landing large medium or giant ABT by vessels 
in the Harpoon category must cease at 11:30 p.m. local time July 24, 
1996.
    The intent of these closures is to prevent overharvest of the 
quotas established for these categories.

Inseason Transfer

    Under the implementing regulations at 50 CFR 285.22(f), NMFS 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, it is determined, 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, NMFS 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 ABT before the anticipated end of the 
fishing season; (4) the estimated amounts by which quotas established 
for other gear segments of the fishery might be exceeded.
    At the current time, ABT have migrated to 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 remain of the amount allocated to this southern 
subcategory. The longline-north Incidental subcategory is expected to 
reach its allocation of 23 mt for vessels fishing north of 34 deg. N. 
lat. Once the quota is reached for this northern subcategory, any ABT 
incidentally taken by longline vessels must be discarded at sea. In 
order to prevent waste of ABT that might otherwise be discarded dead, 
it is reasonable to transfer quota from the southern to the northern 
subcategory.
    Reallocating 10 mt from the Incidental longline-south category 
responds to the criteria listed above as follows: Incidental category 
landings are a major contributor to the collection of biological data 
on this fishery; incidental catches by longline vessels in 1996 have 
been high, and it would be necessary to close this subcategory of the 
fishery unless additional quota allocation is made.

Classification

    This action is taken under 50 CFR 285.20(b) and 50 CFR 285.22 and 
is exempt from review under E.O. 12866.

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

    Dated: July 23, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-19129 Filed 7-23-96; 5:08 pm]
BILLING CODE 3510-22-F