[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Rules and Regulations]
[Pages 51855-51856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25927]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 092298C]


Atlantic Tuna Fisheries; Atlantic Bluefin Tuna

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

ACTION: Inseason transfer.

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SUMMARY: NMFS allocates 7 mt of the 1998 Atlantic bluefin tuna (BFT) 
Reserve to the Harpoon category to cover overharvest of the Harpoon 
category quota. In addition, NMFS adjusts the October-December subquota 
for the General category BFT fishery by transferring 10 mt from the 
Reserve and 40 mt from the Incidental Longline South quota for a 
revised coastwide General category subquota of 116 mt for October-
December. These actions are being taken to extend scientific data 
collection on several size classes of BFT while preventing overharvest 
of the adjusted subquotas for the affected fishing categories and to 
ensure maximum utilization of the quota while maintaining a fair 
distribution of fishing opportunities.

DATES: Allocation to the Harpoon category effective September 23, 1998. 
Transfer to the General category effective October 1, 1998, until 
December 31, 1998, or until the effective date of the closure, which 
will be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 301-713-2347, or 
Mark Murray-Brown, 978-281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971 et seq.) 
governing the harvest of BFT 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.
    Under the implementing regulations at Sec. 285.22(f), the Assistant 
Administrator for Fisheries, NOAA (AA), has the authority to allocate 
any portion of the Reserve to any category or categories of the fishery 
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 BFT 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. 
Such authority was exercised to transfer 19 mt of the 52-mt Reserve to 
the Angling category large school/small medium subquota effective 
August 13, 1998 (63 FR 44173).
    The AA is also authorized under Sec. 285.22(i) to make adjustments 
to quotas involving transfers between 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 after considering the preceding factors.

Quota Adjustments

    Pursuant to Sec. 285.7 and under the authority of ATCA, NMFS has 
provided a Letter of Authorization to fisheries biologists from the 
Massachusetts Division of Marine Fisheries to conduct joint research 
with NMFS comparing the effects of circle and straight hooks on BFT and 
Atlantic yellowfin tuna (YFT). A combined total of 200 BFT and/or YFT 
(averaging 40 lb. (18 kg)) may be collected off the Massachusetts and 
Rhode Island coasts under this authorization, which is effective June 
29 through October 31, 1998. Because eight large school BFT have been 
collected to date, 0.26 mt have been deducted from the Reserve. In 
addition, because landings by Harpoon category vessels exceeded the 53 
mt Harpoon category quota by approximately 7 mt, NMFS is transferring 7 
mt of the Reserve to cover this overharvest. Following these two 
deductions, approximately 25 mt remain in the Reserve.
    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 285.22 provide for a quota of 657 mt of large medium and giant BFT 
to be harvested from the regulatory area by vessels fishing under the 
General category quota during calendar year 1998. The General category 
BFT quota is further subdivided into time period subquotas to provide 
for broad temporal and geographic distribution of scientific data 
collection and fishing opportunities. Approximately 66 mt remain 
available for the October-December General category fishery, in 
addition to the 10 mt set aside for the traditional fall New York Bight 
fishery.
    After considering the previously cited factors for making transfers 
between categories and from the Reserve, the AA has determined that 10 
mt of the remaining 25 mt of Reserve should be transferred to the 
General category. In addition, the AA has determined that 40 mt of the 
remaining Incidental Longline South quota of approximately 66 mt should 
be transferred to the General category. Thus, the coastwide General 
category quota for the October-December period is set at 116 mt.
    Once the General category quota for October-December period has 
been attained, the fishery will be closed. The announcement of the 
closure will be filed at the Office of the Federal Register, stating 
the effective date of

[[Page 51856]]

closure, and further communicated through the Highly Migratory Species 
Fax Network, the Atlantic Tunas Information Line, NOAA weather radio, 
and Coast Guard Notice to Mariners. Although notification of closure 
will be provided as far in advance as possible, fishermen are 
encouraged to call the Atlantic Tunas Information Line at (888) USA-
TUNA, (301) 713-1279, or (978) 281-9305, to check the status of the 
fishery before leaving for a fishing trip.

Classification

    This action is taken under 50 CFR 285.22 and is exempt from review 
under E.O. 12866.

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

    Dated: September 23, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-25927 Filed 9-23-98; 4:58 pm]
BILLING CODE 3510-22-F