[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Rules and Regulations]
[Pages 48111-48112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22817]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 080999K]


Atlantic Highly Migratory Species Fisheries; Bluefin Tuna Quota 
Adjustments

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

ACTION: Inseason quota adjustments.

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SUMMARY: NMFS adjusts the 1999 Atlantic bluefin tuna (BFT) Angling and 
Longline category quotas and the Reserve category to account for 
underharvest and overharvest of these fishing category quotas during 
January 1 through May 31, 1999. These actions are being taken to 
prevent overharvest of the 1999 fishing category quotas for the 
affected fishing categories, to ensure maximum utilization of the quota 
while maintaining a fair distribution of fishing opportunities, and to 
be consistent with the Fishery Management Plan (FMP) for Atlantic 
Tunas, Sharks, and Swordfish.

DATES: Effective August 27, 1999, until May 31, 2000.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed by the Secretary 
of Commerce (Secretary) under the dual authority of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) and the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.). 
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 administered by the HMS Management Division.
    On January 20, 1999, NMFS proposed regulations to implement the 
draft Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks 
(HMS FMP) and draft Amendment 1 to the Atlantic Billfish Fishery 
Management Plan (64 FR 3154). As part of these regulations NMFS 
proposed to change the way annual catch quotas are applied by changing 
the fishing year for Atlantic tunas from the calender year to a 
``fishing year,'' beginning June 1 of one year and continuing through 
May 31 of the following year. The intent was to facilitate 
implementation of catch quota recommendations of the International 
Commission for the Conservation of Atlantic Tunas (ICCAT) that are 
issued at its annual meeting in November. In past years, fishing 
activity for certain BFT categories would commence on January 1, before 
NMFS could issue a final rule to implement the ICCAT catch quota 
recommendation.
    After the proposed change to the fishing year was published, 
specific quota allocations for the 1999 BFT fishery, to begin on June 
1, 1999, were proposed in a supplement to the proposed rule (64 FR 
9299, February 25, 1999). That supplemental proposal included a 
separate quota to cover fishing activity that would occur in the 
``bridge'' or transition period of January 1 to May 31, 1999. 
Additionally, the supplemental rule proposed that any underharvest or 
overharvest from the bridge period would be added to or subtracted from 
the annual quota for the proposed new fishing year, to begin on June 1, 
1999.
    NMFS adopted the final HMS FMP, including the 1999 adjusted quotas 
and the bridge period quota, in April 1999. The final rule implementing 
the new fishing year was published on May 28, 1999 (64 FR 29090). Final 
BFT quota specifications for the new fishing year starting June 1 were 
published on June 3, 1999 (64 FR 29806) and quotas for the bridge 
period (January 1 to May 31, 1999) were published on July 13, 1999 (64 
FR 37700).

[[Page 48112]]

Quota Adjustments

    Under the HMS FMP implementing regulations at 50 CFR 635.27(a)(9), 
if NMFS determines, based on landings statistics and other available 
information, that a BFT quota in any category or, as appropriate, 
subcategory has been exceeded or has not been reached, NMFS shall 
subtract the overharvest from, or add the underharvest to, that quota 
category for the following fishing year, provided that the total of the 
adjusted category quotas and the Reserve is consistent with a 
recommendation of ICCAT regarding country quotas, the take of school 
BFT, and the allowance for dead discards. Adjustments to the Angling 
category, the Longline category, and the Reserve for the 1999 fishing 
year (June 1, 1999, to May 31, 2000) are necessary to account for 
underharvest and overharvest of these fishing category quotas during 
the bridge period from January 1 - May 31, 1999.
    Based on reported landings during the bridge period, adjustments 
are necessary for the Angling, Longline, and Reserve categories. 
Because no quota of school BFT was allocated to the Angling category 
for the bridge period of January 1 through May 31, 1999, and an 
estimated total of 0.17 mt of school BFT were landed during this time, 
NMFS adjusts the 1999-2000 fishing year school BFT subquota for the 
southern area from 38 mt to 37.83 mt. Because there were no landings of 
large school or small medium BFT in the northern area during the bridge 
period (for which the subquota was 16 mt), NMFS adjusts the 1999-2000 
fishing year northern area large school/small medium subquota from 83 
mt to 99 mt. Because only 8.62 mt of the 59 mt allocated for the 
landing of large school or small medium BFT in the southern area during 
the bridge period was used, NMFS adjusts the 1999-2000 fishing year 
southern area large school/small medium subquota from 73 mt to 123.38 
mt. Finally, because only 3.16 mt of the 4 mt allocated for the landing 
of large medium or giant BFT in the southern area was used, NMFS 
adjusts the 1999-2000 fishing year southern area large medium/giant 
subquota from 4 mt to 4.84 mt.
    In the Longline category, landings of large medium and giant BFT by 
longline vessels in the northern area (1.94 mt) exceeded the bridge 
period quota for this subcategory of 1 mt. NMFS, therefore, adjusts the 
1999-2000 fishing year Longline north subquota from 24 mt to 23.06 mt. 
Because landings of large medium and giant BFT by longline vessels in 
the southern area (47.8 mt) exceeded the bridge period quota for this 
subcategory of 25 mt, NMFS adjusts the 1999-2000 fishing year Longline 
north subquota from 89 mt to 66.2 mt.
    In addition, quota adjustments are necessary for the Reserve, due 
to landings during the bridge period and to a prior inseason transfer 
for the 1999 fishing year. Pursuant to Sec. 285.7 (applicable 
regulations prior July 1, 1999) and under the authority of the Atlantic 
Tunas Convention Act, NMFS authorized fisheries biologists from the 
Stanford Aquarium to conduct research and to initiate studies on the 
use of pop-up archival tags on small medium, large medium, and giant 
Atlantic bluefin tuna (BFT) and authorized the North Carolina State 
University to conduct studies on BFT reproductive biology. These 
authorized studies have resulted in the landings of 1.27 mt of BFT; 
these landings have been deducted from the bridge period Reserve of 15 
mt. Also, NMFS recently transferred 8 mt of the 1999 Reserve to the 
Purse Seine category, creating an adjusted Reserve quota of 35 mt for 
the 1999 fishing season (64 FR 36818, July 8, 1999). The 1999 fishing 
year Reserve is now further adjusted by the addition of 13.73 mt from 
the bridge period, for a revised total of 48.73 mt.

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: August 27, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-22817 Filed 8-27-99; 5:03 pm]
BILLING CODE 3510-22-F