[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Rules and Regulations]
[Pages 39869-39870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14666]



[[Page 39869]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 053102B]


Atlantic Highly Migratory Species; Bluefin Tuna Recreational 
Fishery

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

ACTION: Retention limit adjustments.

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

SUMMARY: NMFS adjusts the daily retention limit for the recreational 
fisheries for Atlantic bluefin tuna (BFT) for the fishing year that 
began June 1, 2002, and ends May 31, 2003. Vessels permitted in the 
Atlantic Tunas Angling and the Atlantic Highly Migratory Species (HMS) 
Charter/Headboat categories are eligible to land BFT under the BFT 
Angling category quotas. The seasonal adjustments to the daily 
retention limit for each BFT size class is specified in the DATES and 
SUPPLEMENTARY INFORMATION section of this document. This action is 
being taken to provide increased fishing opportunities in all areas 
without risking overharvest in this category.

DATES: Effective June 15 through October 31, 2002, the daily retention 
limit in all areas for all vessels fishing under the Angling category 
quota is adjusted to four BFT per vessel, which may be from the school, 
large school, or small medium size classes.
    Effective November 1, 2002, through May 31, 2003, the daily 
retention limit in all areas is adjusted to one large school, or small 
medium BFT for all vessels fishing under the Angling category quota.

FOR FURTHER INFORMATION CONTACT: 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 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.
    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 635.23 set the daily retention limits for BFT and allow for 
adjustments to the daily retention limits in order to provide for 
maximum utilization of the quota over the longest possible period of 
time. NMFS may increase or reduce the per angler retention limit for 
any size class BFT or may change the per angler limit to a per boat 
limit or the per boat limit to a per angler limit. Size class 
categories of BFT are defined as follows: school size BFT measure 27 to 
less than 47 inches (69 to less than 119 cm) curved fork length (CFL); 
large school BFT measure 47 to less than 59 inches (119 to less than 
150 cm) CFL; small medium BFT measure 59 to less than 73 inches (150 to 
less than 185 cm) CFL; large medium BFT measure 73 to less than 81 
inches (185 to less than 206 cm) CFL; and giant BFT measure 81 inches 
or greater (206 cm or greater) CFL.
    A recommendation of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT) requires that NMFS limit the 
catch of school BFT to no more than eight percent by weight of the 
total domestic landings quota over each four-consecutive-year period. 
NMFS is implementing this ICCAT recommendation through annual and 
inseason adjustments to the school BFT retention limits, as necessary, 
and through the establishment of a school BFT reserve (64 FR 29090, May 
28, 1999; 64 FR 29806, June 3, 1999).
    The ICCAT recommendation allows for interannual adjustments for 
overharvests and underharvests, provided that the eight percent 
landings limit is met over the applicable four-consecutive-year period. 
The 2002 fishing year is the fourth year in the current accounting 
period. This multi-year block quota approach provides NMFS with the 
flexibility to enhance fishing opportunities and to collect information 
on a broad range of BFT size classes.
    Regulations at 50 CFR 635.23(b) restrict vessels fishing under the 
BFT Angling category quota to one BFT per vessel per day, which may be 
from the school, large school, or small medium category and, in 
addition, one large medium or giant BFT per vessel per year. This 
retention limit is subject to adjustment to provide for maximum 
utilization of the quota and enhanced fishing opportunities over the 
range of the recreational fisheries. NMFS has received comment from BFT 
fishermen that the implementation of an increased daily retention limit 
over a date-certain period is preferable to a longer season with a 
lower daily retention limit as it facilitates the scheduling of fishing 
trips, particularly charter trips.
    In 2001, NMFS increased the Angling category daily retention limit 
to four school, large school, or small medium BFT from June 15 through 
October 31, and then reduced it to one large school, or small medium 
BFT for November 1, 2001 through May 31, 2002 (66 FR 31844, June 13, 
2001).
    Since June 1, 2002, the default Angling category daily retention 
limit at 50 CFR 635.23(b) has been in effect, and will apply until the 
effective date of this catch limit adjustment. Effective June 15 
through October 31, 2002, NMFS adjusts the daily retention limit for 
all areas to four BFT in any combination of the school, large school, 
or small medium size classes. This limit applies to all vessels 
permitted in the Atlantic Tunas Angling category and to vessels 
permitted in the Atlantic HMS Charter/Headboat category.
    From November 1, 2002, through May 31, 2003, the daily retention 
limit for all vessels fishing under the Angling category quota will 
revert back to the default limit of one school, large school, or small 
medium BFT per vessel. Regardless of the length of the trip, no more 
than a single day's allowable catch may be possessed or retained.
    NMFS selected the daily retention limit and the duration of the 
daily retention limit adjustment after examining past catch and effort 
rates and the available quota for 2002. NMFS will continue to monitor 
the Angling category fishery closely through the Automated Landings 
Reporting System, the state harvest tagging programs in North Carolina 
and Maryland, and the Large Pelagics Survey. Depending on the level of 
fishing effort and catch rates of BFT, NMFS may determine that an 
interim closure or an additional retention limit adjustment is 
necessary to enhance scientific data collection from, and fishing 
opportunities in, all geographic areas. Additionally, NMFS may 
determine that an allocation from the school BFT reserve is warranted 
to further fishery management objectives.
    Closures or subsequent adjustments to the daily retention limit, if 
any, will be announced through publication in the Federal Register. In 
addition, anglers may call the Atlantic Tunas Information Line at (888) 
872-8862 or (978) 281-9305 for updates on quota monitoring and 
retention limit adjustments. Anglers aboard Atlantic HMS Charter/
Headboat category vessels, when engaged in recreational fishing for 
school, large school, and small medium BFT, are subject to the same 
rules as anglers aboard Angling category vessels. All BFT landed under 
the Angling category quota must be reported within 24 hours of landing 
to the NMFS Automated Landings Reporting System via toll-free phone at 
(888)872-8862; or the Internet (www.nmfspermits.com); or, if landed in 
the states of North Carolina or Maryland, to a reporting station prior 
to offloading. Information about these state

[[Page 39870]]

harvest tagging programs, including reporting station locations, can be 
obtained in North Carolina by calling (800) 338-7804, and in Maryland 
by calling (410) 213-1531.
    In addition, anglers aboard permitted vessels may continue to tag 
and release BFT of all sizes under a tag-and-release program, provided 
the angler tags all BFT so caught, regardless of whether previously 
tagged, with conventional tags issued or approved by NMFS, returns such 
fish to the sea immediately after tagging with a minimum of injury, and 
reports the tagging, and, if the BFT was previously tagged, the 
information on the previous tag (50 CFR 635.26).

Classification

    This action is taken under 50 CFR 635.23(b)(3). This action 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: June 5, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-14666 Filed 6-10-02; 8:45 am]
BILLING CODE 3510-22-S