[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)] [Rules and Regulations] [Pages 48640-48641] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23646] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 285 [I.D. 091096C] Atlantic Tuna Fisheries; Recreational Fishery Adjustments AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Fishery reopening; catch limit adjustment. ----------------------------------------------------------------------- SUMMARY: NMFS has adjusted the Atlantic bluefin tuna (ABT) Angling category quota by transferring 10 metric tons (mt) from the Inseason Reserve. Therefore, the Angling category fishery for school ABT will open for the northern area beginning Friday, September 13, at 1 a.m. local time and close on Sunday, September 15 at 11:30 p.m. local time. The daily catch limit for this reopening is set at one school ABT per vessel. This action is being taken to extend scientific data collection on school ABT while preventing overharvest of the adjusted subquota for the northern area. EFFECTIVE DATES: The transfer of 10 mt from the Reserve to the Angling category, and the transfer of 10 mt from the Incidental longline south subcategory to the Reserve are effective September 11, 1996. The Angling category fishery for school ABT will open for the northern area beginning Friday, September 13, at 1 a.m. local time and close on Sunday, September 15 at 11:30 p.m. local time. FOR FURTHER INFORMATION CONTACT: John Kelly, 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 among the various domestic fishing categories. NMFS is required, under Sec. 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. Angling Category Reopening Implementing regulations for the Atlantic tuna fisheries at Sec. 285.22 provide for a quota of 138 mt of school ABT and 100 mt of large school/small medium ABT to be harvested from the regulatory area by vessels fishing under the Angling category quota during calendar year 1996. The school ABT quota is further subdivided into 65 mt for states Delaware and south and 73 mt for states New Jersey and north. Based on catch estimates obtained through angler interviews, NMFS closed the southern school ABT fishery on July 25, 1996 (61 FR 38656, July 25, 1996) and the coastwide large school/small medium July 31 (61 FR 40352, August 2, 1996). Although catch estimates did not indicate that the quota was reached, NMFS closed the school ABT Angling category fishery for the northern area effective August 17, 1996 (61 FR 43027, August 20, 1996) due to estimated overharvests of the school ABT southern area subquota and the coastwide large school/small medium ABT quota. 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 from the Inseason 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. Because scientific information from the northern school ABT fishery is needed to broaden the temporal and geographic range of data incorporated into the school ABT index of abundance, NMFS transfers 10 mt from the Inseason Reserve to allow the northern school ABT fishery to reopen. Such transfer responds to the four criteria listed above as follows: (1) Angling category landings are a major contributor to the collection of biological data on this fishery, (2) catch in the Angling category to date has precluded the northern area school ABT fishery as planned and this fishery cannot occur if no allocation is made, (3) the Angling 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 or are subject to predetermined set-asides. Catch Limit Adjustment Implementing regulations for the Atlantic tuna fisheries at Sec. 285.24 [[Page 48641]] provide for a daily catch limit of school or large school ABT of one fish per angler. However, the AA has the authority to make adjustments to catch limits to effect maximum utilization of the available quota and a fair distribution of fishing opportunities. For this reason the catch limit is reduced to one school ABT per vessel for the duration of this reopening. This action is being taken to extend the season for the Angling category, provide for fishing opportunities in the northern fishing area, and ensure additional collection of biological assessment and monitoring data without exceeding the adjusted quota. 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: September 10, 1996. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 96-23646 Filed 9-11-96; 2:33 pm] BILLING CODE 3510-22-F