[Federal Register Volume 61, Number 230 (Wednesday, November 27, 1996)]
[Rules and Regulations]
[Pages 60221-60222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30340]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 111996A]


Atlantic Tuna Fisheries; Fishery Closure

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

ACTION: Quota transfer; closure.

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SUMMARY: NMFS has projected that the Atlantic bluefin tuna (ABT) 
Incidental category quota, as previously adjusted, will be attained 
shortly. Therefore, NMFS further adjusts the quota for the Incidental 
category by transferring 20 metric tons (mt) from the General category. 
Consequently, the General category fishery will be closed effective at 
11:30 p.m. on November 26, 1996. This action is being taken to prevent 
overharvest of the total U.S. ABT quota.

EFFECTIVE DATES: The quota adjustment for the Incidental category is 
effective November 22, 1996 until December 31, 1996. The General 
category closure is effective 11:30 p.m. local time on November 26, 
1996, until June 1, 1997.

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 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.

Incidental Category Transfer

    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 285.22 provide for a quota of 110 mt of large medium and giant ABT 
to be harvested from the regulatory area by vessels fishing under the 
Incidental category quota during calendar year 1996. Inseason actions 
decreased the quota to 69 mt (61 FR 48640, September 16, 1996; 61 FR 
53677, October 15, 1996). In making such inseason reallocations, NMFS 
is required under the regulations to consider 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

[[Page 60222]]

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.
    The inseason transfers from the Incidental category were made to 
extend scientific data collection on certain size classes of ABT while 
preventing overharvest of the adjusted subquotas for the General and 
Angling fishing categories. Subsequent to those adjustments, fishery 
conditions have changed relative to catch and effort. ABT have largely 
migrated south and hook-and-line catch has essentially ceased in the 
traditional fall fishing areas of southern New England and the New York 
Bight. Conversely, current fishery conditions are likely to result in 
increased catch by longline vessels operating in the mid-Atlantic 
region, around Cape Hatteras, and in the Gulf of Mexico.
    In November and December 1995, the Atlantic swordfish fishery was 
closed due to attainment of the directed fishery quota (60 FR 46775, 
September 8, 1995). In response to the economic hardship precipitated 
by this protracted closure during a prime market season, NMFS adjusted 
the swordfish fishing year to start the semiannual quota periods on 
June 1 and December 1 each year (61 FR 27304, May 31, 1996). Thus, 
longline fishing effort is likely to increase in December 1996 relative 
to this same period in recent years. Currently, less than 7 mt of ABT 
remain in the Incidental longline category while approximately 22 mt of 
ABT remain in the General category. Given the low probability of 
additional hook-and-line catch in traditional fishing areas and the 
likelihood of increased ABT interaction rates with longline gear, it is 
necessary to transfer ABT to the Incidental category.
    A transfer of 20 mt, 10 mt each to the northern and southern 
longline subcategories, meets the criteria for inseason transfers as 
specified in the regulations. After extended reopenings, the hook-and-
line categories likely will not take the remaining quota. Without a 
transfer, unavoidable bycatch by longliners will result in unnecessary 
discard waste and loss of scientific information on the distribution of 
ABT during the southerly migration.

General Category Closure

    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. Inseason actions 
increased the quota to 593 mt (61 FR 50765, September 27, 1996; 61 FR 
53677, October 15, 1996). This current transfer of 20 mt to the 
Incidental category leaves approximately 2 mt of ABT in the General 
category allocation.
    Based on reported catch and effort, NMFS projects that the revised 
General category quota will be reached shortly. Therefore, fishing for, 
retaining, possessing, or landing large medium or giant ABT under the 
General category quota must cease at 11:30 p.m. local time November 26, 
1996.
    This closure affects all areas including the New York Bight set-
aside. Although established in October (61 FR 50765, September 27, 
1996), the New York Bight set-aside was no longer necessary when 
subsequent quota transfers led to the reopening of the General category 
fishery in all areas. In recent weeks, the bluefin tuna have moved to 
the south and catch rates are increasing in North Carolina, while no 
bluefin landings have been reported from the New York/New Jersey area 
since November 4, 1996. Given the likelihood of increased catch rates 
as the bluefin concentrate in the coastal waters off North Carolina, 
the fishery must be closed to prevent the remaining General category 
quota from being exceeded.
    The General category closure is effective in all areas of the 
Atlantic ocean. However, anglers may continue to fish for ABT 27 inches 
(69 cm) or greater under the NMFS tag and release program (50 CFR 
285.27). This closure does not affect the Incidental category, which 
will remain open until the adjusted quota is reached.

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: November 22, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-30340 Filed 11-22-96; 2:16 pm]
BILLING CODE 3510-22-F