[Federal Register Volume 66, Number 172 (Wednesday, September 5, 2001)]
[Rules and Regulations]
[Pages 46400-46401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22159]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 082701D]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Adjustment of daily retention limit; inseason quota transfer.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
General category daily retention limit should be adjusted to two large 
medium or giant BFT per vessel. NMFS has also determined that the BFT 
General category restricted fishing day (RFD) schedule should be 
adjusted; i.e., certain RFDs should be waived to allow for maximum 
utilization of the General category subquota for the September fishing 
period. Therefore, NMFS increases the daily retention limit from zero 
to two large medium or giant BFT on the following previously designated 
RFDs for 2001: September 2, 3, 5, 9, 10, and 12. NMFS has also 
determined that a quota transfer to allow continued fishing in the 
Harpoon category is appropriate, and therefore transfers 15 metric tons 
(mt) from the Reserve to the Harpoon category for the remainder of the 
2001 fishing year.

DATES: The retention limit adjustment for General category vessels is 
effective September 1, 2001 through September 15, 2001. The quota 
transfer to the Harpoon category is effective August 29, 2001 through 
May 31, 2002.

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 Fishery Conservation and Management Act (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. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
among the various domestic fishing categories, and General category 
effort controls (including time-period subquotas and RFDs) are 
specified annually as required under 50 CFR 635.23 (a) and 635.27 (a). 
The initial 2001 BFT fishing category quotas and General category 
effort controls were specified on July 13, 2000 (66 FR 37421, July 18, 
2001).

Adjustment of Daily Retention Limits

    Under Sec. 635.23 (a)(4), NMFS may increase or decrease the daily 
retention limit of large medium and giant BFT over a range from zero 
(on RFDs) to a maximum of three per vessel to allow for maximum 
utilization of the quota for BFT. Based on a review of dealer reports, 
daily landing trends, and the availability of BFT on the fishing 
grounds, NMFS has determined that an increase of the daily retention 
limit for the first half of September is appropriate and necessary to 
allow full use of the September subquota. Therefore, NMFS adjusts the 
daily retention limit for September 1 through September 15 to two large 
medium or giant BFT per vessel. Additionally, under 50 CFR 635.23 
(a)(4), NMFS has determined that adjustment of the RFD schedule is also 
necessary to allow full use of the September subquota. Consequently, 
NMFS must increase the daily BFT retention limit for certain previously 
designated RFDs. Therefore, NMFS adjusts the daily retention limit for 
September 2, 3, 5, 9, 10, and 12, 2001, to two large medium or giant 
BFT per vessel. NMFS has selected these days in order to give adequate 
advance notice to fishery participants and NMFS enforcement.
    The intent of these adjustments is to allow for maximum utilization 
of the General category subquotas for the September fishing period 
specified under 50 CFR 635.27 (a) to achieve optimum yield in the 
General category fishery, to collect a broad range of catch-effort data 
for stock monitoring purposes, and to be consistent with the objectives 
of the HMS FMP. For these same reasons, NMFS adjusted the General 
category daily retention limit on several occasions for previously 
scheduled RFDs over the last two years (64 FR 42855, August 6, 1999; 64 
FR 51079, September 21, 1999; 65 FR 46654, July 31, 2000; and 65 FR 
54970, September 12, 2000).
    While BFT catch rates have been slow so far this season, NMFS 
recognizes that catch rates tend to increase in the fall fisheries. In 
order to ensure that the September subquota is not filled prematurely 
and to ensure equitable fishing opportunities in all areas and for all 
gear types, NMFS is adjusting the General category daily retention 
limit only through September 15 and NMFS is not waiving all the RFDs 
previously scheduled for September. After September 15, the daily BFT 
retention

[[Page 46401]]

limit for vessels fishing under the General category quota reverts to 
one fish per day on authorized fishing days. Additionally, the 
scheduled RFDs for September 16, 17, 19, 23, 24, 26, 30, and October 1 
and 3, remain in effect. If catch rates continue to be low after 
September 15, daily retention limits may be increased and some or all 
of the remaining previously scheduled RFDs may be waived as well.

Inseason Transfer to the Harpoon Category

    Under the implementing regulations at 50 CFR 635.27 (a)(7), NMFS 
has the authority to allocate any portion of the Reserve to any 
category quota in the fishery, other than the Angling category school 
BFT subquota (for which there is a separate reserve), after considering 
the following factors: (1) The usefulness of information obtained from 
catches in the particular category for biological sampling and 
monitoring of the status of the stock; (2) the catches of the 
particular category quota to date and the likelihood of closure of that 
segment of the fishery if no allocation is made; (3) the projected 
ability of the vessels fishing under the particular category quota to 
harvest the additional amount of BFT before the end of the fishing 
year; (4) the estimated amounts by which quotas established for other 
gear segments of the fishery might be exceeded; (5) effects of the 
transfer on BFT rebuilding and overfishing; and (6) effects of the 
transfer on accomplishing the objectives of the HMS FMP.
    The 2001 annual BFT quota specifications previously issued under 
Sec. 635.27 provide for a quota of 55 mt of large medium and giant BFT 
to be harvested from the regulatory area by vessels fishing under the 
Harpoon category quota. As of August 23, 2001, Harpoon category 
landings totaled approximately 48 mt, with 7 mt available for the 
remainder of the season.
    After considering the factors for making transfers between 
categories and from the Reserve, NMFS has determined that 15 mt of the 
remaining 41.9 mt of Reserve should be transferred to the Harpoon 
category. Thus, the Harpoon category quota is adjusted to 70 mt for the 
2001 fishing year.
    Once the adjusted Harpoon category quota has been attained, the 
Harpoon category will be closed. Announcement of the closure will be 
filed with the Office of the Federal Register, stating the effective 
date of closure, and further communicated through the Highly Migratory 
Species Fax Network, the Atlantic Tunas Information Line, NOAA weather 
radio, and Coast Guard Notice to Mariners. Although notification of 
closure will be provided as far in advance as possible, fishermen are 
encouraged to call the Atlantic Tunas Information Line at (888) USA-
TUNA or (978) 281-9305, to check the status of the fishery before 
leaving for a fishing trip.

Classification

    This action is taken under 50 CFR 635.23(a)(4) and is exempt from 
review under Executive Order 12866.

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

    Dated: August 29, 2001.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-22159 Filed 8-29-01; 4:49 pm]
BILLING CODE 3510-22-S