[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Rules and Regulations]
[Pages 49321-49322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24123]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 092001A]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: General category daily retention limit adjustment; Harpoon 
category reopening; Quota transfer.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
General category daily catch 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 in order to allow for 
maximum utilization of the General category subquota for the October-
December fishing period. Therefore, NMFS increases the daily retention 
limit from zero to two large medium or giant BFT on the RFDs previously 
designated for October 1 and 3, 2001, and from one to two large medium 
or giant BFT for all other fishing days through October 31, 2001. NMFS 
has also determined that the adjusted BFT Harpoon category quota has 
not been fully attained. Therefore, NMFS reopens the Harpoon category 
until the adjusted quota is reached. Additionally, NMFS has determined 
that a quota transfer to the Harpoon category from the Reserve is 
warranted, and therefore transfers 20 metric tons (mt) from the Reserve 
to the Harpoon category for the remainder of the 2001 fishing year.

DATES: The Harpoon category reopening and quota transfer are effective 
September 21, 2001, through May 31, 2002. The General category catch 
limit adjustments are effective September 24, 2001, through October 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 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 
General category effort controls were effective on July 13, 2001 (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 remainder of September through October 31, 2001 is 
appropriate. Therefore, NMFS adjusts the daily retention limit to two 
large medium or giant BFT per vessel from September 24, 2001, through 
October 31, 2001. Also under 50 CFR 635.23(a)(4), NMFS has determined 
that adjustment to the RFD schedule, and, therefore, an increase of the 
daily retention limit for certain previously designated RFDs, is 
necessary. Therefore, NMFS adjusts the daily retention limit for 
October 1 and 3, 2001, from zero to two large medium or giant BFT per 
vessel.
    The intent of these adjustments is to allow for maximum utilization 
of the General category subquotas for the September and October-
December fishing periods (specified under 50 CFR 635.27(a)) by General 
category participants in order to 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.

Reopening of the Harpoon Category

    The final initial 2001 BFT quota specifications issued pursuant to 
50 CFR 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 (66 FR 46400, September 5, 2001). Based 
on reported landings and effort, NMFS projected that this quota would 
be reached by September 16, 2001. Therefore, fishing for, retaining, 
possessing, or landing large medium or giant BFT by vessels in the 
Harpoon category ceased at 11:30 p.m. local time, Sunday, September 16, 
2001 (66 FR 48221, September 19, 2001). Upon review of actual landings 
reports as of September 19, 2001, NMFS has determined that Harpoon 
category landings totaled approximately 68 mt. Therefore, NMFS is 
reopening the Harpoon category effective September 21, 2001, through 
May 31, 2002.

Quota Transfer

    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.
    Annual BFT quota specifications issued under 50 CFR 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 
during the

[[Page 49322]]

2001 fishing year. 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 (66 FR 46400, 
September 5, 2001).
    After considering the reopening of the Harpoon category fishery and 
the criteria for making transfers between categories and from the 
Reserve, NMFS has determined that 20 mt of the remaining 26.9 mt of 
Reserve should be transferred to the Harpoon category. Thus, the 
adjusted annual quota for the Harpoon category is 90 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: September 21, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-24123 Filed 9-21-01; 4:23 pm]
BILLING CODE 3510-22-S