[Federal Register Volume 66, Number 204 (Monday, October 22, 2001)]
[Rules and Regulations]
[Pages 53346-53347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26477]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 101501B]


Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna

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

ACTION: Quota transfers; General category daily retention limit 
adjustment.

-----------------------------------------------------------------------

SUMMARY: NMFS adjusts the October-December subquota for the General 
category Atlantic bluefin tuna (BFT) fishery by transferring 50 metric 
tons (mt) from the Longline South subcategory quota, 10 mt from the 
Longline North subquota, and 100 mt from the Angling category (50 mt 
from the school size class and 50 mt from the large school/small medium 
size class for the northern area), for a revised coastwide General 
category subquota of approximately 347.7 mt for October-December, 
including the addition of underharvest from previous time periods. NMFS 
also adjusts the Angling South large school/small medium subcategory by 
transferring 75 mt from the Angling North large school/small medium 
subcategory. Finally, NMFS adjusts the BFT General category daily 
retention limit to one fish per vessel. These actions are being taken 
to allow for maximum utilization of the U.S. landings quota of BFT 
while maintaining a fair distribution of fishing opportunities, 
preventing overharvest of the adjusted subquotas for the affected 
fishing categories, helping to achieve optimum yield in the General 
category fishery, and allowing the collection of a broad range of data 
for stock monitoring purposes, consistent with the objectives of the 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS 
FMP).

DATES: The quota transfers are effective October 16, 2001, through May 
31, 2002. The General category retention limit adjustment is effective 
October 19, 2001, through December 31, 2001.

FOR FURTHER INFORMATION CONTACT: Brad McHale or Pat Scida, 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 (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.

Quota Transfers

    Under the implementing regulations at 50 CFR 635.27(a)(8), NMFS has 
the authority to transfer quotas among categories, or, as appropriate, 
subcategories, of the fishery, 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

[[Page 53347]]

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) the effects of the transfer on 
BFT rebuilding and overfishing; and (6) the effects of the transfer on 
accomplishing the objectives of the HMS FMP.
    If it is determined, based on the factors listed here and the 
probability of exceeding the total quota, that vessels fishing under 
any category or subcategory quota are not likely to take that quota, 
NMFS may transfer inseason any portion of the remaining quota of that 
fishing category to any other fishing category or to the Reserve quota.

Quota Adjustments

    Annual BFT quota specifications issued under Sec. 635.27 provide 
for a quota of 666.7 mt of large medium and giant BFT to be harvested 
from the regulatory area by vessels fishing under the General category 
quota during the 2001 fishing year. The General category BFT quota is 
further subdivided into time period subquotas to provide for broad 
temporal and geographic distribution of scientific data collection and 
fishing opportunities. The October-December subquota was initially set 
at 65.7 mt for the 2001 fishing year, and is currently 187.7 mt, after 
the addition of approximately 122 mt of unharvested subquota from 
previous periods. As of October 12, 2001, General category landings 
against this adjusted October-December subquota have totaled 
approximately 161.6 mt, reducing the available quota for the remainder 
of the season to 26.1 mt. An additional 10 mt has been set aside for 
the traditional fall New York Bight fishery.
    After considering the factors for making transfers between 
categories, NMFS has determined that 50 mt of the remaining Longline 
South subcategory quota of approximately 166.6 mt, and 10 mt of the 
remaining Longline North subcategory quota of approximately 21 mt 
should be transferred to the General category. While substantial quota 
remains in the Longline category, NMFS is in the process of developing 
proposed regulations to adjust the target catch requirements for 
pelagic longline vessels retaining bluefin tuna, and is therefore not 
transferring additional quota from the Longline category. NMFS has also 
determined that 50 mt of the remaining Angling North school subcategory 
quota of approximately 124.7 mt, and 50 mt of the remaining Angling 
North large school/small medium subcategory quota of approximately 
165.4 mt should be transferred to the General category. The adjusted 
subquota for the coastwide General category fishery for the October-
December period is 347.7 mt. Finally, NMFS has determined that 75 mt of 
the remaining Angling North large school/small medium subcategory quota 
of approximately 115.4 (after 50 mt transfer to the General category) 
should be transferred to the Angling South large school/small medium 
subcategory quota category. Landings of large school/small medium BFT 
have been substantial in the southern area so far this year, and this 
transfer of quota is to ensure a winter and spring Angling category 
fishery for North Carolina.

Adjustment of General Category Daily Retention Limit

    Under Sec. 635.23(a)(4), NMFS may increase or decrease the General 
category daily retention limit of large medium and giant BFT over a 
range from zero (on restricted fishing days) 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 a return to the 
one fish per vessel General category daily retention limit is 
appropriate and necessary for the remainder of the General category 
season. An adjustment to the General category daily retention limit 
will allow full use of the adjusted October-December subquota, while 
preventing overharvest and ensuring reasonable fishing opportunities in 
all areas. Therefore, NMFS adjusts the daily retention limit for 
October 19, 2001 through December 31, 2001, to one large medium or 
giant BFT per vessel.
    Once the adjusted General category subquota for the October-
December period has been attained, the coastwide fishery will be closed 
and NMFS will take action to reopen the New York Bight fishery. 
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 and 635.27, is consistent 
with the management measures contained in the HMS FMP, and is exempt 
from review under Executive Order 12866.

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

    Dated: October 16, 2001.
Bruce C. Morehead,
 Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-26477 Filed 10-16-01; 4:54 pm]
BILLING CODE 3510-22-S