[Federal Register Volume 64, Number 43 (Friday, March 5, 1999)]
[Rules and Regulations]
[Pages 10576-10577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5482]



[[Page 10576]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 021299E]


Atlantic Tuna Fisheries; Atlantic Bluefin Tuna

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

ACTION: Catch limit adjustment.

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

SUMMARY: Effective January 1, 1999, NMFS adjusted the Atlantic bluefin 
tuna (BFT) Angling category daily catch limit to one fish from the 
school, large school, or small medium size class per vessel. Based on 
recent information regarding catch rates of school BFT off North 
Carolina and the limited annual quota, NMFS is concerned that fishing 
opportunities may be curtailed in northern areas. Therefore, NMFS 
adjusts the daily catch limit for BFT in all areas to one fish per 
vessel, which may be from the large school or small medium size class. 
NMFS takes this action to lengthen the fishing season and to ensure 
reasonable fishing opportunities in all geographic areas without 
risking overharvest of the annual quota established for the Angling 
category fishery.

DATES: Effective 1 a.m. local time on March 9, 1999, until December 31, 
1999. NMFS will announce any subsequent catch limit adjustments by 
publication in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9146.

SUPPLEMENTARY INFORMATION: On October 26, 1998, NMFS announced the 
availability of the draft Fishery Management Plan (FMP) for Atlantic 
Tunas, Swordfish, and Sharks (63 FR 57093). Information regarding the 
proposed management of Atlantic tunas under the Highly Migratory 
Species (HMS) FMP was provided in the preamble to the proposed rule to 
implement the HMS FMP (64 FR 3154, January 20, 1999) and is not 
repeated here. The proposed rule to implement the HMS FMP would change 
the annual Atlantic tunas fishing year to June 1 through May 31.
    Until regulations implementing the HMS FMP are final, regulations 
implemented under the authority of the Atlantic Tunas Convention Act 
(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. 
Current regulations state that the Atlantic tunas fishing year 
commences January 1 and ends December 31 annually.
    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 285.24 allow for adjustments to the daily catch limit in order to 
provide for maximum utilization of the quota spread over the longest 
possible period of time. The Assistant Administrator for Fisheries, 
NOAA, may increase or reduce the per angler catch limit for any size 
class BFT or may change the per angler limit to a per vessel limit or 
the per vessel limit to a per angler limit.
    Effective January 1, 1999, NMFS adjusted the Angling category daily 
catch limit to one fish from the school, large school, or small medium 
size class per vessel (63 FR 71792, December 30, 1998). NMFS has 
recently received information through the North Carolina Harvest 
Tagging Program that the rate of landings of school BFT is increasing. 
NMFS is concerned that, if the current harvest rate increases, it is 
possible a significant portion of the entire Angling category quota 
might be taken prior to the time that BFT migrate north. In 1996, the 
Angling category subquotas for large school/small medium BFT and for 
school BFT off Delaware and states south were filled prematurely due to 
high catch rates early in the season in southern areas, thus reducing 
fishing opportunities in northern areas. In early March 1997, NMFS 
closed the Angling category fishery for school, large school, and small 
medium BFT in all areas in order to extend fishing opportunities for 
these size classes in northern fisheries. In 1998, because catch rates 
were low, NMFS did not need to take such action during the winter 
fishery.
    NMFS is also concerned that the proposed change in the Atlantic 
tunas fishing year to June through May, in combination with the 1998 
Angling category overharvest (preliminary estimates of 1998 landings 
indicate that the Angling category school BFT subquota was exceeded by 
approximately 12 mt), may curtail fishing opportunities during the 
proposed fishing season (i.e., through May 2000).
    Given the information regarding catch rates, the public interest in 
an equitable distribution of landings among fishermen in the Angling 
category, and the need for scientific data from throughout the species' 
range, NMFS adjusts the daily catch limit as follows: Each Angling 
category vessel may retain no more than one BFT from the large school 
(measuring 47 to less than 59 inches/119 to less than 150 cm) or small 
medium (measuring 59 to less than 73 inches/150 to less than 185 cm) 
size class.
    As of February 6, 1999, BFT landings reported through the North 
Carolina Harvest Tagging Program indicate that 98 percent of the 
Angling category BFT landings by weight and 95 percent of Angling 
category BFT landings in numbers have measured 47 inches or greater. 
Because fishing for smaller BFT generally begins in early summer, NMFS 
does not anticipate that the reduction of the daily catch limit to 
prohibit the landings of school BFT would adversely affect recreational 
fishing opportunities prior to the beginning of the proposed fishing 
year (June 1).
    Charter/Headboat category vessels, when engaged in recreational 
fishing for BFT, are subject to the same rules as Angling category 
vessels. In addition, anglers aboard permitted vessels may continue to 
tag and release BFT of all sizes under the NMFS tag-and-release program 
(50 CFR 285.27). The Angling category trophy fishery for large medium 
and giant BFT (measuring 73 inches/185 cm or greater) remains open, 
with a catch limit of one fish per vessel per year.
    NMFS will continue to monitor the Angling category fishery closely 
through the Automated Catch Reporting System and the Large Pelagic 
Survey. All BFT landed under the Angling category quota outside North 
Carolina must be reported within 24 hours of landing to the NMFS 
Automated Catch Reporting System by phoning 1-888-USA-TUNA (1-888-872-
8862). In North Carolina, all BFT must be taken to a reporting station 
to receive a landing tag before removing the fish from the vessel. For 
information about the North Carolina Harvest Tagging Program, including 
reporting station locations, call 1-800-338-7804.
    Subsequent adjustments to the daily catch limit, as necessary, 
shall be announced through publication in the Federal Register. In 
addition, anglers may call the Atlantic Tunas Information Line at 1-
888-USA-TUNA (888-872-8862) or at 978-281-9305 for updates on quota 
monitoring and catch limit adjustments.

Classification

    This action is taken under 50 CFR 285.24(d)(3) and is exempt from 
review under E.O. 12866.

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


[[Page 10577]]


    Dated: March 1, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-5482 Filed 3-2-99; 4:33 pm]
BILLING CODE 3510-22-F