[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Rules and Regulations]
[Pages 57397-57398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 110601A]


Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna

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

ACTION: Quota transfers; fishery reopening.

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SUMMARY: NMFS adjusts the October-December subquota for the General 
category Atlantic bluefin tuna (BFT) fishery by transferring 40 metric 
tons (mt) from the Longline South subcategory quota, 50 mt from the 
Angling category (25 mt from the school size class North and 25 mt from 
the school size class South subcategories), and 3 mt from the Trap 
category for a revised coastwide General category subquota of 
approximately 431.9 mt for October-December, including the addition of 
underharvest from previous time periods. NMFS reopens the coastwide BFT 
General category until the adjusted October-December subquota has been 
filled. 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 November 9, 2001, through 
December 31, 2001. The General category reopening is effective November 
12, 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

[[Page 57398]]

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 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 338.9 mt, after 
the addition of approximately 113.2 mt of unharvested subquota from 
previous periods and a previous quota transfer of 160 mt (66 FR 53346, 
October 22, 2001). As of October 26, 2001, General category landings 
against this adjusted October-December subquota have totaled 
approximately 402.1 mt, exceeding the available coastwide quota by 64.5 
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 40 mt of the remaining adjusted 
Longline South subcategory quota of approximately 116.6 mt should be 
transferred to the General category quota. 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 school subcategory quota 
of approximately 118.7 mt (25 mt of the remaining Angling school north 
subcategory quota of approximately 74.7 mt, and 25 mt of the remaining 
Angling school south subcategory quota of approximately 59 mt) should 
be transferred to the General category. Finally, NMFS has determined to 
transfer 3 mt of the remaining Trap category quota of 3.9 mt into the 
General category quota. The adjusted subquota for the coastwide General 
category fishery for the October-December period is 431.9 mt. Landings 
of Trap category BFT have been nonexistent in recent years and this 
transfer should not adversely impact this category.
    Once the adjusted General category subquota for the October-
December period has been attained, the coastwide fishery will be close. 
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 16 U.S.C. 1801 et seq.

    Dated: November 9, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-28648 Filed 11-9-01; 4:32 pm]
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