[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50765-50766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24881]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 092496A]


Atlantic Tuna Fisheries; Adjustments

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

ACTION: Fishery reopenings; catch limit adjustment.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (ABT) 
Angling category quota, as adjusted, has not been reached. Therefore, 
the Angling category fishery for school ABT will open for the northern 
area beginning Saturday, September 28, at 1 a.m. local time and close 
on Sunday, September 29 at 11:30 p.m. local time. The daily catch limit 
for this reopening is set at two school ABT per vessel. Additionally, 
NMFS adjusts the October subquota for the General category by 
transferring 22 mt from the Reserve, and adjusts the General category 
effort control schedule for October. These actions are being taken to 
extend scientific data collection on several size classes of ABT while 
preventing overharvest of the adjusted subquotas for the affected 
fishing categories.

EFFECTIVE DATES: The Angling category fishery for school ABT will open 
for the northern area beginning Saturday, September 28, at 1 a.m. local 
time and close on Sunday, September 29 at 11:30 p.m. local time. The 
catch limit adjustment is effective for the duration of the reopening. 
The General category fishery for large medium and giant ABT will open 
for all areas beginning Tuesday, October 1, at 1 a.m. local time and 
close on Wednesday, October 2 at 11:30 p.m. local time. The New York 
Bight set-aside of 10 mt will be open for all areas south and west of 
Shinnecock inlet from Saturday, October 5, at 1 a.m., until the set-
aside has been taken, which will be announced in the Federal Register.

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 
the waters off Delaware and states south and 73 mt for the waters off 
New Jersey and states 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 fishery on 
July 31, 1996 (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 the estimated landings 
exceeding the quotas for 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 between categories after 
considering certain factors. Such authority was exercised to transfer 
10 mt from the Inseason Reserve and reopen the school ABT Angling 
category fishery for the northern area effective September 13, 1996 (61 
FR 48640). NMFS has determined that due to lower than expected fishing 
effort, attributable to poor weather conditions, the full 10 mt was not 
taken. NMFS, therefore, reopens the school ABT Angling category 
fishery, so that management and data collection objectives specified in 
the prior notice may be attained.

Catch Limit Adjustment

    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 285.24 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 adjusted to two 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.

General Category Quota Adjustment

    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 285.22 provide for a quota of 541 mt of large medium and giant ABT 
to be harvested from the regulatory area by vessels fishing under the 
General category quota during calendar year 1996. The General category 
ABT quota is further subdivided into monthly quotas to provide for 
broad temporal and geographic distribution of scientific data 
collection and fishing opportunities. Overharvest of the September 
subquota has reduced the October General category quota to 48 mt, 
including a 10 mt set aside for the traditional fall New York Bight 
fishery.
    After considering the previously cited factors for making transfers 
between categories, the AA has determined that 22 mt of the remaining 
Inseason Reserve of 23 mt should be transferred to the General 
category. Thus, the October General category quota is set at 60 mt, 
with an additional 10 mt reserved for the New York Bight.

General Category Reopening

    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 285.24 provide the AA with authority to adjust the catch limit for 
the General category to effect restricted fishing days. Such effort 
controls allow maximum utilization of the quota while maintaining a 
fair distribution of fishing opportunities. Catch rates in August and 
September approached or exceeded 30 mt per day. In order to ensure that 
the October subquota is not exceeded and that the set aside for the New 
York Bight can be maintained, the October effort control schedule is 
set as follows: (1) The General category fishery for large medium and 
giant ABT will open for all areas beginning Tuesday, October 1, at 1 
a.m. local time and close on Wednesday, October 2 at 11:30 p.m. local 
time; (2) the New York Bight set-aside of 10 mt will open for the 
waters in areas south and west of a straight line originating at a 
point on the southern shore of Long Island at 72 deg. 27' W. long.

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(Shinnecock Inlet) and extending SSE 150 deg. true) beginning Saturday, 
October 5, at 1 a.m. Upon the effective date of the set-aside, persons 
aboard vessels permitted in the General category may fish for, retain, 
and land large medium and giant ABT only 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 285.20(b), 50 CFR 285.22, and 50 
CFR 285.24 and is exempt from review under E.O. 12866.

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

    Dated: September 24, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-24881 Filed 9-24-96; 4:41 pm]
BILLING CODE 3510-22-F