[Federal Register Volume 61, Number 221 (Thursday, November 14, 1996)]
[Rules and Regulations]
[Pages 58341-58342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29110]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 110696A]


Atlantic Tuna Fisheries; Adjustments

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

ACTION: Fishery reopening.

-----------------------------------------------------------------------

SUMMARY: NMFS has determined that the Atlantic bluefin tuna (ABT) 
General category quota, as adjusted, has not been reached. Therefore, 
NMFS reopens the General category fishery for large medium and giant 
ABT for all areas until the remaining General category quota is 
determined to be reached. Closure of the fishery will be strictly 
enforced. Subsequent to this closure, the General category fishery for 
large medium and giant ABT for areas inside the New York Bight will 
remain open until the set-aside quota is reached. This action is 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.

EFFECTIVE DATE: The General category fishery for large medium and giant 
ABT will open for all areas beginning Friday, November 8, 1996, at 1 
a.m. local time and remain open until the remaining General category 
quota is projected to be reached. Upon that determination, NMFS will 
publish a notification of closure 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.

General Category 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 outside the New York Bight and announced a closure 
date of October 2, 1996 (61 FR 50765, September 27, 1996). NMFS 
subsequently adjusted the General category October subquota by 
transferring 30 mt from the Incidental longline category under the 
authority of implementing regulations at 50 CFR 285.22(f) (61 FR 53677, 
October 15, 1996). Thus, the October General category quota was 
adjusted to 90 mt, with an additional 10 mt reserved for the New York 
Bight. Since the quota adjustment, NMFS has reopened the General 
category fishery for areas outside the New York Bight for 1 day on 
three occasions (61 FR 53677, October 15, 1996, 61 FR 55119, October 
24, 1996, and 61 FR 55926, October 30, 1996) and for 3 days in early 
November (61 FR 57340, November 6, 1996). Due to various reasons, such 
as weather and fishing success, the full 90 mt October General category 
quota still has not been taken. Therefore NMFS reopens the General 
category fishery for large medium and giant ABT for all areas beginning 
November 8, 1996; the General category fishery will remain open until 
the General category quota is projected to be taken.
    Fishermen are advised that closure of the ABT fishery may be 
effected without advanced notice, and that closure of the fishery will 
be strictly enforced. Therefore, fishermen are encouraged to call the 
Highly Migratory Species (HMS) Information Line to check the status of 
the fishery before leaving for a fishing trip. The phone numbers for 
the HMS Information Line are (301) 713-1279 and (508) 281-9305. As 
always, NMFS encourages fishing vessel operators to check with the 
weather service regarding unsafe conditions and to use sound judgement 
in determining whether or not to go fishing.
    The New York Bight set-aside is not affected by this action and the 
General category fishery for large medium and giant ABT for areas 
inside the New York Bight will remain open until the set-aside quota is 
reached. However, during the reopening, beginning November 8, 1996, 
large medium and giant ABT harvested and landed in the New York Bight 
area will not be counted against the New York Bight set-aside quota, 
but will be counted against the remaining quota for the General 
category fishery.
    Analysis of landings data for 1992-95 indicate that total landings 
for the Incidental Longline categories for November and December have 
been small. Additionally, the purse seiners have stopped fishing for 
ABT prior to the 251 mt Purse Seine category quota being taken. 
Therefore, given the above

[[Page 58342]]

information, and since landings are monitored daily, the reopening of 
the General category is not expected to result in the total 1996 ABT 
quota being exceeded.

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: November 7, 1996.
Gary Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-29110 Filed 11-7-96; 4:40 pm]
BILLING CODE 3510-22-P