[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Rules and Regulations]
[Pages 48112-48113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22818]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 082399A]


Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna

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

ACTION: Retention limit adjustment.

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SUMMARY: NMFS adjusts the daily retention limit for the Angling 
category fishery for Atlantic bluefin tuna (BFT) in all areas to two 
school BFT (measuring 27 to less than 47 inches (69 to less than 119 
cm) curved fork length) and one large school or small medium BFT 
(measuring 47 to less than 73 inches (119 to less than 150 cm) curved 
fork length) per vessel. This daily retention limit adjustment is 
effective September 1 through October 6, 1999, after which it will be 
one large school or small medium BFT per vessel. This action is being 
taken to provide increased fishing and data collection opportunities in 
all areas without risking overharvest of this category.

DATES: The daily retention limit adjustment is effective 1 a.m., local 
time, September 1, 1999, until 11:30 p.m., local time, October 6, 1999.

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

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) and the 
Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) governing the harvest of 
BFT by persons and vessels subject to U.S. jurisdiction are found at 50 
CFR part 635.
    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 635.23 allow for adjustments to the daily retention limits in 
order to provide for maximum utilization of the quota spread over the 
longest possible period of time. NMFS may increase or reduce the per 
angler retention limit for any size class BFT or may change the per 
angler limit to a per boat limit or a per boat limit to a per angler 
limit.
    NMFS is responsible for implementing a recommendation of the 
International Commission for the Conservation of Atlantic Tunas (ICCAT) 
to limit the catch of school BFT to no more than 8 percent by weight of 
the total domestic quota over each 4-consecutive-year period. NMFS is 
implementing this ICCAT recommendation through annual and inseason 
adjustments to the school BFT landings and school BFT reserve 
categories, as necessary, and through the establishment of a school BFT 
reserve (64 FR 29090, May 28, 1999; 64 FR 29806, June 3, 1999). The 
recent ICCAT recommendation allows NMFS more flexibility to make 
interannual adjustments for overharvests and underharvests, provided 
that the 8-percent landings limit is met over the applicable 4-
consecutive-year period. This approach provides NMFS with the 
flexibility to enhance fishing opportunities and the collection of 
information on a broad range of BFT size classes and responds to 
requests

[[Page 48113]]

from the recreational fishing community for more advance notice of 
retention limit adjustments and greater certainty in planning for the 
fishing season.
    Since July 26, 1999, NMFS has maintained the daily retention limit 
at one large school or small medium BFT per vessel. In the announcement 
for the daily retention limit effective June 25 through July 25, 1999 
(64 FR 31992, June 15, 1999), NMFS announced the intention to adjust 
the daily retention limit once again during late summer and early fall 
season when BFT have moved further north to the waters off Rhode 
Island, New York, and northern New Jersey, contingent upon the 
availability of BFT Angling category quota. NMFS has received comment 
from mid-Atlantic fishermen, earlier this year and since the June daily 
retention limit adjustment, that the implementation of an increased 
daily retention limit over a date-certain period is preferable to a 
longer season with a lower daily retention limit as it facilitates the 
scheduling of fishing trips, particularly charter trips. NMFS is 
encouraged by the positive feedback surrounding the June adjustment 
and, as information received from fishermen indicates that BFT are 
available in the northern area (New Jersey and north), has determined 
that a late-season daily retention limit adjustment is warranted to 
ensure reasonable fishing opportunities in all geographic areas without 
risking overharvest.
    Landings of the North Carolina winter fishery BFT are deducted from 
the bridge period in a BFT quota adjustment action published elsewhere 
in this Federal Register issue. Preliminary Large Pelagic Survey 
estimates of landings for June through August 15, 1999, indicate that 
approximately 3.2 metric tons (mt) of school BFT and approximately 39 
mt of large school/small medium BFT have been landed; reported landings 
of large medium and giant BFT total approximately 3.1 mt.
    NMFS adjusts the BFT Angling category daily retention limit for all 
areas to two school BFT (measuring 27 to less than 47 inches (69 to 
less than 119 cm) curved fork length) and one large school or small 
medium BFT (measuring 47 to less than 73 inches (119 to less than 150 
cm) curved fork length) per vessel.
    This daily retention limit adjustment is effective September 1 
through October 6, 1999, after which it will be one large school or 
small medium BFT per vessel. The daily retention limit and the duration 
of daily retention limit adjustment have been selected based on an 
examination of past catch and effort rates. NMFS will continue to 
monitor the Angling category fishery closely through the Automated 
Catch Reporting System, the state harvest tagging programs in North 
Carolina and Maryland, and the Large Pelagic Survey. Depending on the 
level of fishing effort and catch rates of BFT, NMFS may determine that 
an interim closure or additional retention limit adjustment is 
necessary to enhance scientific data collection from, and fishing 
opportunities in, all geographic areas. Additionally, NMFS may 
determine that an allocation from the school BFT reserve is warranted 
to further fishery management objectives.
    Closures or subsequent adjustments to the daily retention limit, if 
any, shall be announced through publication in the Federal Register. In 
addition, anglers may call the Atlantic Tunas Information Line at 888-
USA-TUNA (888-872-8862) or 978-281-9305 for updates on quota monitoring 
and retention limit adjustments. Anglers aboard Charter/Headboat 
category vessels, when engaged in recreational fishing for school, 
large school, and small medium BFT, are subject to the same rules as 
anglers aboard Angling category vessels. All BFT landed under the 
Angling category quota must be reported within 24 hours of landing to 
the NMFS Automated Catch Reporting System by calling 888-USA-TUNA (888-
872-8862) or, if landed in the states of North Carolina or Maryland, to 
a reporting station prior to offloading. Information about these state 
harvest tagging programs, including reporting station locations, can be 
obtained in North Carolina by calling (800) 338-7804, and in Maryland 
by calling (410) 213-1531.

Classification

    This action is taken under 50 CFR 635.23(b)(3). 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. 99-22818 Filed 8-27-99; 5:03 pm]
BILLING CODE 3510-22-F