[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Rules and Regulations]
[Pages 42805-42806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20543]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 080201B]


Atlantic Highly Migratory Species; Bluefin Tuna Recreational 
Fishery

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 Atlantic bluefin tuna (BFT) daily retention 
limit for vessels participating in the recreational fishery that are 
permitted in the Atlantic Highly Migratory Species (HMS) Charter/
Headboat category and that are licensed by the U.S. Coast Guard to 
carry more than six passengers. The adjustments to the daily retention 
limit for these vessels are specified in the DATES and SUPPLEMENTARY 
INFORMATION sections of this document. This action is being taken to 
provide increased fishing opportunities in all areas without risking 
overharvest of the Angling category BFT quota.

DATES: Effective August 15 through October 31, 2001, the daily 
recreational retention limit in all areas for Coast Guard inspected 
headboats with Atlantic HMS Charter/Headboat category permits is 
adjusted to one BFT per passenger (not including captain and crew), 
which may be from the school, large school, or small medium size class, 
with a maximum of 20 BFT per vessel.
    Consistent with prior notice, the daily retention limit in all 
areas is one large school or small medium BFT for all vessels fishing 
under the BFT Angling category quota for the period from November 1, 
2001 through May 31, 2002.

FOR FURTHER INFORMATION CONTACT: 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 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.
    A recommendation of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT) allocates western Atlantic BFT 
catch quotas to contracting parties. The recommendation also requires 
that the United States limit the catch of school size BFT to no more 
than 8 percent by weight of the total domestic landings quota over each 
4-consecutive-year period. NMFS implements this ICCAT recommendation 
through annual quota specifications, annual and inseason adjustments to 
the school BFT retention limits, as necessary, and by reserving a 
portion of the school BFT quota (64 FR 29090, May 28, 1999; 64 FR 
29806, June 3, 1999).

[[Page 42806]]

    The ICCAT recommendation allows for interannual adjustments for 
overharvests and underharvests, provided that the 8-percent landings 
limit is met over the applicable 4-consecutive-year period. The 2001 
fishing year is the third year in the current accounting period. This 
multi-year block quota approach provides NMFS with the flexibility to 
enhance fishing opportunities and to collect information on a broad 
range of BFT size classes.
    Implementing Regulations for the Atlantic tuna fisheries at 50 CFR 
635.27(a) establish catch quotas for the several BFT fishing 
categories. Vessels permitted in the Atlantic Tunas Angling category 
and the Atlantic HMS Charter/Headboat category are authorized to land 
BFT under the Angling category quota. The Angling category quota is 
further subdivided by fishing areas and size classes. Size class 
categories of BFT are defined as follows: school size BFT measure 27 to 
less than 47 inches (69 to less than 119 cm) curved fork length (CFL); 
large school BFT measure 47 to less than 59 inches (119 to less than 
150 cm) CFL; small medium BFT measure 59 to less than 73 inches (150 to 
less than 185 cm) CFL; large medium BFT measure 73 to less than 81 
inches (185 to less than 206 cm) CFL; and giant BFT measure 81 inches 
or greater (206 cm or greater) CFL. Final initial quota specifications 
for the BFT Angling category size classes and fishing areas for the 
2001 fishing year were issued by NMFS on July 18, 2001 (66 FR 37421).
    Implementing regulations for the Atlantic tuna fisheries at 50 CFR 
635.23(b) and (c) set the daily retention limits for BFT landed under 
the Angling category quota. As a baseline, vessels are restricted to 
one BFT per vessel per day which may be from the school, large school, 
or small medium category and, in addition, one large medium or giant 
BFT per vessel per year. However, this retention limit is subject to 
inseason adjustment to provide for maximum utilization of the quota and 
enhanced fishing opportunities over the range of the recreational 
fisheries. 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.
    As announced previously, the current recreational BFT daily 
retention limit for all vessels fishing under the Angling category 
quota (i.e., vessels permitted in the Atlantic Tunas Angling category 
and the Atlantic HMS Charter/Headboat category) is four BFT, measuring 
27 to less than 73 inches (69 to less than 185 cm) curved fork length 
(66 FR 31844, June 13, 2001). This daily retention limit is in effect 
through October 31, 2001, after which the retention limit is adjusted 
to one large school or small medium BFT, measuring 47 to less than 73 
inches (119 to less than 185 cm) curved fork length, per vessel for the 
remainder of the fishing year.
    Over the last several years, NMFS has received comments that a 
retention limit of three or four BFT per vessel per day does not 
provide reasonable fishing opportunities for headboats, which may carry 
up to 40 passengers on a tuna fishing trip. After the current retention 
limit adjustment was announced for the 2001 season, NMFS again received 
these comments. Additionally, it was noted by commenters that the 
conservative management approach over the last 2 years has resulted in 
accumulated carryover of BFT quota in several size categories reserved 
for recreational fishermen. Considering these comments and the 
available quota, NMFS has determined that a retention limit adjustment 
is warranted for headboats in order to increase fishing and data 
collection opportunities in all sectors of the recreational BFT 
fishery.
    Therefore, NMFS is implementing an alternative retention limit for 
headboats in 2001. For headboats, defined as vessels that possess an 
Atlantic HMS Charter/Headboat category permit and that are inspected 
and licenced by the Coast Guard to carry more than six passengers, the 
daily retention limit is adjusted to one BFT per passenger (not 
including captain and crew) in any combination of the school, large 
school or small medium size classes, with a maximum of 20 BFT per 
vessel. This adjustment is effective for the period of August 15 
through October 31, 2001. Subsequently, consistent with the prior 
announcement, the daily retention limit for all vessels fishing under 
the Angling category quota will be one large school or small medium BFT 
per vessel for the period of November 1, 2001 through May 31, 2002.
    NMFS selected the daily retention limit and the duration of the 
daily retention limit adjustment after examining past catch and effort 
rates and the available quota for 2001. 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 Pelagics 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 (toll-free) or 978-281-9305 (charges apply) for updates on 
quota monitoring and retention limit adjustments.
    All BFT landed under the Angling category quota must be reported 
within 24 hours of landing to the NMFS Automated Landings Reporting 
System via toll-free phone at 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 to the allowances for retention, anglers aboard 
permitted vessels may continue to tag and release BFT of all sizes as 
authorized under the tag-and-release program (50 CFR 635.26), 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.

Classification

    This action is taken under 50 CFR 635.23(b)(3). This action is 
exempt from review under Executive Order 12866.

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

    Dated: August 9, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-20543 Filed 8-10-01; 3:41 pm]
BILLING CODE 3510-22-S