[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Rules and Regulations]
[Pages 36818-36819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17322]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 062599B]


Atlantic Tuna Fisheries; Atlantic Bluefin Tuna

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

ACTION: Inseason transfer.

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

SUMMARY: NMFS allocates 8 metric tons (mt) of the 1999 Atlantic bluefin 
tuna (BFT) Reserve to the Purse Seine category, creating a adjusted 
Purse Seine category quota of 260 mt and a adjusted Reserve quota of 35 
mt for the 1999 fishing season. This action is being taken following 
input received by the Highly Migratory Species Advisory Panel (AP), as 
prescribed by management measures adopted in the Fishery Management 
Plan for Atlantic Tunas, Swordfish, and Sharks (FMP), and is consistent 
with the criteria for BFT quota transfers as specified in 50 CFR 
635.27.

DATES: Effective July 2, 1999, until May 31, 2000.

FOR FURTHER INFORMATION CONTACT: Pat Scida, 978-281-9260.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed by the Secretary 
of Commerce under the dual authority of the Magnuson-Stevens Fishery 
Conservation and Management Act and the Atlantic Tunas Convention Act. 
The authority to issue regulations has been delegated from the 
Secretary to the Assistant Administrator for Fisheries, NOAA. Within 
NMFS, daily responsibility for management of Atlantic Highly Migratory 
Species (HMS) fisheries rests with the Office of Sustainable Fisheries, 
and is

[[Page 36819]]

administered by the HMS Management Division.
    Based on the 1998 revised stock assessment, parties at the 1998 
meeting of the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) adopted a 20-year west Atlantic BFT rebuilding 
program, beginning in 1999 and continuing through 2018. ICCAT has 
adopted an annual total allowable catch (TAC) of 2,500 mt whole weight 
(ww) of west Atlantic BFT inclusive of dead discards, to be applied 
annually until such time as the TAC is changed based on advice from the 
Standing Committee on Research and Statistics. The annual landing quota 
allocated to the United States was increased by 43 mt ww to 1,387 mt 
ww.
    Regulations at 50 CFR 635.27, subdivide the U.S. BFT quota 
recommended by ICCAT among the various domestic fishing categories.
    On May 28, 1999, NMFS published in the Federal Register (64 FR 
29090) final regulations, effective July 1, 1999, implementing the FMP 
that was adopted and made available to the public in April 1999. The 
FMP and the implementing regulations establish percentage quota shares 
for the ICCAT recommended U.S. BFT landing quota for each of the 
domestic fishing categories. For the Purse Seine category, NMFS adopted 
a cap on the amount of quota the category could be allocated, 
establishing a quota percentage share for the Purse Seine category of 
18.6 percent of the overall U.S. BFT landings quota, or 250 mt, 
whichever is less. If the percentage of the total ICCAT recommended 
annual landings quota allocated to the Purse Seine category exceeds 250 
mt, the amount over 250 mt shall be allocated to the Reserve.
    The ICCAT recommended 1999 U.S. BFT landings quota is 1,387 mt, 
18.6 percent of which is 258 mt. Thus, for 1999, the Purse Seine 
category was allocated 250 mt of the 18.6 percent of the overall U.S. 
BFT landings quota, and the additional 8 mt were allocated to the 
Reserve. An additional 2 mt Purse Seine category under-harvest from 
1998 was added to the category's quota for 1999, for a total 1999 Purse 
Seine category quota of 252 mt (64 FR 29806, June 3, 1999).
    In both the FMP, and the final HMS consolidated regulations, NMFS 
noted that the AP had not had an opportunity to fully address the Purse 
Seine category cap in light of the 1999 BFT quota increase from ICCAT. 
Therefore, NMFS indicated it would hold the additional 8 mt for 1999 in 
the Reserve until after the AP had discussed the issue. NMFS also 
indicated that if the agency decided, after receiving input from the 
AP, that it would not retain the cap, the FMP would be modified through 
its framework provisions.
    The AP met in Silver Spring, MD on June 10 and June 11, 1999, and 
discussed the Purse Seine category cap. After extensive discussion, a 
clear majority favored removal of the cap. The AP provided information 
and advice to NMFS on the issue of fairness in the context of 
allocation to the Purse Seine category. Among the points used by the AP 
in support of removing the cap were the following: (1) Adopting a cap 
on one category and not others is not fair and equitable, (2) adopting 
a cap on the only category in the fishery which is managed using 
limited access does not promote limited access, and (3) adopting a cap 
on the Purse Seine category's BFT quota allocation may cause purse 
seine vessels to increase fishing effort on yellowfin tuna, which is an 
important commercial and recreational species for vessels in other 
Atlantic tunas permit categories, and for which there is an ICCAT 
recommendation in place to limit effective fishing effort.
    As part of NMFS' consideration of the issue of transferring quota 
from the reserve, NMFS must also consider the quota transfer criteria 
as described at 50 CFR 635.27(a)(7), which state that NMFS 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, (4) the estimated amounts by 
which quotas established for other gear segments of the fishery might 
be exceeded, (5) the effects of the transfer on BFT rebuilding and 
overfishing, and (6) the effects of the transfer on accomplishing the 
objectives of the FMP.
    NMFS has determined that the transfer of the 8 mt from the Reserve 
to the Purse Seine category is consistent with the quota transfer 
criteria, especially since the Purse Seine category targets and lands 
BFT of a larger size than the other domestic fishing categories to 
which the Reserve may be allocated, and, thus, would not have a 
negative impact of stock rebuilding. In addition, the FMP established a 
separate School Reserve for the Angling category (18 additional mt for 
1999), which, along with strict quota monitoring in the commercial 
fisheries, means that a Reserve of 35 mt for the 1999 fishing year is 
sufficient.
    After considering the AP's input and the quota transfer criteria 
described here, NMFS has decided to immediately transfer the 8 mt from 
the Reserve to the Purse Seine category, and is preparing a proposed 
rule to address the Purse Seine category cap issue under the framework 
authority of the FMP.

Quota Adjustment

    NMFS is transferring 8 mt of the Reserve to the Purse Seine 
category. Following this transfer, the Reserve is reduced to 35 mt, and 
the Purse Seine category quota is increased to 260 mt for the 1999 
fishing year.

Classification

    This action is taken under 50 CFR 635.27(a)(7). This action is 
exempt from review under E.O. 12866.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: July 2, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-17322 Filed 7-2-99; 4:01 pm]
BILLING CODE 3510-22-F