[Federal Register Volume 66, Number 182 (Wednesday, September 19, 2001)]
[Rules and Regulations]
[Pages 48221-48222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23262]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 091201C]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fishery

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

ACTION: Harpoon category closure; General category adjustment of daily 
retention limit.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
Harpoon category annual quota for the 2001 fishing year will be 
attained by September 16, 2001. Therefore, the 2001 Harpoon category 
fishery will be closed effective at 11:30 p.m. on September 16, 2001. 
This action is being taken to prevent overharvest of the Harpoon 
category quota. NMFS has also determined that the BFT General category 
restricted fishing day (RFD) schedule should be adjusted; i.e., certain 
RFDs should be waived in order to allow for maximum utilization of the 
General category subquota for the September fishing period.

DATES: The Harpoon category closure is effective 11:30 p.m. local time 
on September 16, 2001, through May 31, 2002. The General category 
retention limit adjustment is effective September 16, 2001, through 
September 30, 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 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 under 50 CFR 635.23(a) and 635.27(a). The 2001 
initial category quotas and General category effort controls were 
specified on July 13, 2000 (66 FR 37421, July 18, 2001).

Harpoon Category Closure

    NMFS is required, under Sec. 635.28 (a)(1), to file with the Office 
of the Federal Register for publication notification of closure when a 
BFT fishing category quota is reached, or is projected to be reached. 
On and after the effective date and time of such notification, for the 
remainder of the fishing year, or for a specified period as indicated 
in the notice, fishing for, retaining, possessing, or landing BFT under 
that quota category is prohibited until the opening of the subsequent 
quota period or until such date as specified in the notice.
    The final initial 2001 BFT quota specifications issued pursuant to 
Sec. 635.27 set a quota of 55 mt of large medium and giant BFT to be 
harvested from the regulatory area by vessels permitted in the Harpoon 
category during the 2001 fishing year (66 FR 37421, July 18, 2001). The 
Harpoon category quota was adjusted on August 29, 2001, when 15 mt were 
transferred from the Reserve to the Harpoon category for an adjusted 
Harpoon category quota of 70 mt. Based on reported landings and effort, 
NMFS projects that this quota will be reached by September 16, 2001. 
Therefore, fishing for, retaining, possessing, or landing large medium 
or giant BFT by vessels in the Harpoon category must cease at 11:30 
p.m. local time, Sunday, September 16, 2001.
    The intent of this closure is to prevent overharvest of the quota 
proposed for the Harpoon category. In the event the final Harpoon 
category landings amount to less than the final Harpoon category quota, 
NMFS may consider reopening the fishery.

General Category Effort Controls

    Under 50 CFR 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 adjustment to the General category 
RFD schedule, and, therefore, an increase of the daily retention limit 
for certain previously designated RFDs, is necessary. Therefore, NMFS 
adjusts the General category daily retention limit for September 16, 
17, 19, 23, 24, 26, and 30, 2001, to one 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.

[[Page 48222]]

    The intent of this adjustment is to allow for maximum utilization 
of the General category subquotas for the September fishing period 
(specified under 50 CFR 635.27(a)) by General category participants in 
order to help achieve optimum yield in the General category fishery, to 
collect a broad range of data for stock monitoring purposes, and to be 
consistent with the objectives of the HMS FMP. For these same reasons, 
NMFS has already adjusted the General category daily retention limit 
for six previously scheduled RFDs in September, and has maintained an 
increased General category daily retention limit of two fish per day, 
since July 30, 2001 (66 FR 40151, August 2, 2001; 66 FR 46400, 
September 5, 2001).
    While catch rates have continued to be low so far this season, 
catches have tended to increase in late September in past years. 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 not increasing the daily retention limit to two 
fish per day for the second half of September. If catch rates continue 
to be low, NMFS may increase the daily retention limit and/or waive the 
two RFDs scheduled for the first week of October.

Classification

    This action is taken under Secs. 635.27(a), 635.28 (a)(1), and 
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: September 13, 2001.
Richard W. Surdi,
 Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-23262 Filed 9-13-01; 3:52 pm]
BILLING CODE 3510-22-S