[Federal Register Volume 65, Number 160 (Thursday, August 17, 2000)]
[Rules and Regulations]
[Pages 50162-50164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20992]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 080300A]


Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 50163]]

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 and two large school or small medium BFT per vessel from 
September 1, 2000, through October 15, 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 and data collection opportunities in all 
areas without risking overharvest of this category.

DATES: Effective 1 a.m., local time, September 1, 2000, until 11:30 
p.m., local time, October 15, 2000, the daily retention limit in all 
areas is adjusted to two school BFT (measuring 27 to less than 47 
inches (69 to less than 119 cm) curved fork length) and two large 
school or small medium BFT (measuring 47 to less than 73 inches (119 to 
less than 150 cm) curved fork length).
    Effective October 16, 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: Pat Scida or Brad McHale, 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. In addition, NMFS may make closures or changes to a retention 
limit effective in certain areas and/or regions.
    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 
implements this ICCAT recommendation through annual and in season 
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; 65 FR 42883, July 12, 2000). 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 stability and 
certainty in planning for the fishing season.
    Since July 31, 2000, 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 23 through July 30, 2000 
(65 FR 19860, April 13, 2000), which adjusted the retention limit to 
two school and one large school or small medium BFT per vessel, NMFS 
announced the intention to adjust the daily retention limit once again 
during late summer abd 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.
    Over the last several years, NMFS has received comments 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 June 25 through 
July 25 and September 1 through October 6, and comments from Angling 
category participants regarding the 1999 fishing season were positive. 
NMFS is encouraged by the positive feedback regarding the date certain 
nature of the 1999 season, and has determined that a late-season daily 
retention limit adjustment is warranted to ensure reasonable fishing 
opportunities in all geographic areas without risking overharvest.
    Preliminary Large Pelagic Survey estimates of landings for June 
through July 23, 2000, indicate that approximately 12.5 metric tons 
(mt) of school BFT and approximately 23.6 mt of large school/small 
medium BFT have been landed. These figures are approximately 9.2 and 
7.8 percent of the 2000 Angling category quotas for school and large 
school/small medium BFT, respectively.
    Effective September 1, 2000, through October 15, 2000, NMFS adjusts 
the BFT Angling category daily retention limit for all areas to two 
school BFT and two large school or small medium BFT per vessel. After 
October 15, 2000, the daily retention limit for all areas 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 and current catch and effort rates. 
Allowing two large school or small medium BFT per vessel is different 
from the past few retention limit adjustments, when retention of only 
one fish from the larger size classes was allowed. NMFS has chosen a 
higher retention limit for this adjustment due to relatively low 
landings to date, along with the increased quota for these size classes 
due to under harvest in 1999. 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 additional retention limit adjustment, in all or 
some areas, is necessary to enhance scientific data collection and 
fishing opportunities. 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 Landings Reporting System by calling 888-USA-TUNA 
(888-872-8862) or, if landed in the state 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

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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 Execution Order 12866.

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

    Dated: August 11, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-20992 Filed 8-16-00; 8:45 am]
BILLING CODE 3510-22-M