[Federal Register Volume 65, Number 72 (Thursday, April 13, 2000)]
[Rules and Regulations]
[Pages 19860-19861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9123]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 033100D]


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 extends the expiration date of the current daily 
retention limit for the Angling category fishery for Atlantic bluefin 
tuna (BFT), which published on December 16, 1999. The current daily 
retention limit per vessel in all areas of one large school or small 
medium BFT (measuring 47 to less than 73 inches, 119 to less than 185 
cm, curved fork length) is extended from May 31, 2000, through June 22, 
2000. In addition, NMFS is making subsequent adjustments to the daily 
retention limit, as noted in the DATES section of this document. This 
action is being taken to provide increased fishing opportunities in all 
areas without risking overharvest of this category.

DATES: The expiration date of the current daily retention limit in all 
areas of one large school or small medium BFT (published on December 
16, 1999, at 64 FR 70198) is extended from May 31, 2000, through June 
22, 2000.
    Effective June 23 through July 30, 2000, the daily retention limit 
in all areas is adjusted to two school BFT and one large school or 
small medium BFT.
    Effective July 31, 2000, the daily retention limit in all areas is 
adjusted to one large school or small medium BFT until May 31, 2001.

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

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) and the 
Magnuson-Stevens Conservation and Management 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 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 the 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 landings quota over each 4-consecutive-year period. 
NMFS is implementing this ICCAT recommendation through annual and 
inseason adjustments to the school BFT retention limits, 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 from the recreational fishing 
community for more advance notice of retention limit adjustments and 
greater certainty in planning for the fishing season.
    In the last few years, NMFS has received comment from mid-Atlantic 
fishermen 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. In 1999, NMFS increased the daily 
retention limit to two school BFT and one large school or small medium 
BFT per vessel for the periods

[[Page 19861]]

June 25 through July 25 and September 1 through October 6. Comments 
from Angling category participants regarding the 1999 fishing season 
have been positive, and NMFS intends to provide advanced notice 
regarding daily retention limits again for the 2000 fishing year. Since 
October 6, 1999, NMFS has maintained the daily retention limit at one 
large school or small medium BFT per vessel. Because the current daily 
retention limit is valid only through the end of the 1999 fishing year, 
i.e., May 31, 2000 (64 FR 70198, December 16, 1999), NMFS must announce 
a daily retention limit adjustment effective June 1, 2000, even though 
NMFS does not intend to increase the retention limit from the current 
limit until late June 2000.
    Therefore, beginning June 1, 2000, NMFS adjusts the BFT Angling 
category daily retention limit for all areas to one large school or 
small medium BFT per vessel, effectively maintaining the current 
retention limit through June 22, 2000. Effective June 23 through July 
30, 2000, NMFS adjusts the daily retention limit for all areas to two 
school BFT and one large school or small medium BFT per vessel. After 
July 30, 2000, the daily retention limit for all areas will be one 
large school or small medium BFT per vessel. NMFS intends to adjust the 
daily retention limit 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, provided that BFT Angling category quota 
remains available.
    NMFS selected the daily retention limit and the duration of the 
daily retention limit adjustment after examining past catch and effort 
rates. NMFS will continue to monitor the Angling category fishery 
closely through the Automated Landings 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 an 
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, will be announced through publication in the Federal Register. In 
addition, anglers may call the Atlantic Tunas Information Line at (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 
Landings Reporting System via phone: (888) 872-8862; or the Internet 
(www.nmfspermits.com); 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.
    In addition, anglers aboard permitted vessels may continue to tag 
and release BFT of all sizes under a tag-and-release program, provided 
the angler tags all BFT so caught, regardless of whether previously 
tagged, with conventional tags issued or approved by NMFS, returns such 
fish to the sea immediately after tagging with a minimum of injury, and 
reports the tagging, and, if the BFT was previously tagged, the 
information on the previous tag (50 CFR 635.26).

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: April 6, 2000.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-9123 Filed 4-12-00; 8:45 am]
BILLING CODE 3510-22-F