[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53677-53679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26261]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 100296D]


Atlantic Tuna Fisheries; Adjustments

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

ACTION: Fishery reopenings; inseason transfer.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna Angling 
category quota, as adjusted, has not been reached. Therefore, NMFS 
reopens the Angling category for school ABT for the northern area. The 
daily catch limit for the Angling category reopening is set at one 
school ABT per vessel. Additionally, NMFS adjusts the October subquota 
for the General category by transferring 30 metric tons (mt) from the 
Incidental Longline category, and reopens the General category fishery 
for all areas for one day. These actions are being taken to extend 
scientific data collection on certain size classes of ABT while 
preventing overharvest of the adjusted subquotas for the affected 
fishing categories. Closures will be strictly enforced.


[[Page 53678]]


EFFECTIVE DATES: The Angling category fishery for school ABT will open 
for the northern area beginning Saturday, October 12, at 1 a.m. local 
time and close on Monday, October 14, 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 Friday, October 11, at 1 a.m. local time and 
close on Friday, October 11, 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.
    NMFS is authorized, under Sec. 285.22(f), to make adjustments to 
quotas involving transfers between vessel categories if, during a 
single year quota period, it is determined, based on landing 
statistics, present year catch rates, effort, and other available 
information, that any category, 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.

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 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.
    In accordance with the regulations, NMFS transferred 10 mt from the 
Inseason Reserve and reopened the school ABT Angling category fishery 
for the northern area effective September 13, 1996 (61 FR 48640, 
September 15, 1996), and for a second time September 28, 1996 (61 FR 
50765, September 27, 1996). Now, NMFS has determined that, due to lower 
than expected fishing effort attributable to poor weather conditions, 
the full 10 mt still has not been 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 one school ABT per vessel 
per day 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 and Reopening

    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.
    NMFS previously adjusted the General category October subquota to 
60 mt for all areas, and announced a closure date of October 2, 1996 
(61 FR 50765, September 27, 1996). No quota remains for the October 
period.
    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 criteria.
    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 39 
mt currently remains of the amount allocated to the Incidental longline 
category. Reallocating quota from the Incidental longline category 
would allow for the reopening of the 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 continue 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.
    For the reasons set forth above, NMFS exercises its regulatory 
authority to transfer 30 mt of ABT from the Incidental Longline 
category quota to the General category. Thus, the October General 
category quota is adjusted to 90 mt, with an additional 10 mt reserved 
for the New York Bight, and the General category fishery is reopened 
for one day. The New York Bight set-aside is not affected by this 
action. However, during

[[Page 53679]]

the one day opening, on October 11, 1996, large medium and giant ABT 
harvested and landed in the New York Bight area will be counted against 
the New York Bight set-aside quota.

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: October 8, 1996.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 96-26261 Filed 10-9-96; 9:48 am]
BILLING CODE 3510-22-P