[Federal Register Volume 67, Number 184 (Monday, September 23, 2002)]
[Rules and Regulations]
[Pages 59477-59478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24021]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 091302A]


Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna

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

ACTION: Atlantic bluefin tuna retention limit adjustments.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
General category daily retention limit should be adjusted in order to 
allow for maximum utilization of the General category September time-
period subquota. Therefore, NMFS increases the daily retention limit to 
two large medium or giant BFT through September 30, 2002. Additionally, 
NMFS adjusts the BFT daily retention limit for vessels participating in 
the recreational fishery that are permitted in the Atlantic Highly 
Migratory Species (HMS) Charter/Headboat category and that are licensed 
by the U.S. Coast Guard (USCG) to carry more than six passengers. The 
daily retention limit for these vessels is adjusted to one BFT per 
angler, up to a maximum of 20 per vessel through October 31, 2002. 
These actions are being taken to provide increased fishing 
opportunities in all areas without risking overharvest of the quotas 
established for the respective categories.

DATES: The BFT General category daily retention limit adjustment is 
effective September 20, 2002 through September 30, 2002.
    The daily retention limit for vessels permitted in the HMS Charter/
Headboat category, and licensed by USCG to carry more than six 
passengers, is effective September 20, 2002 through October 31, 2002.

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.)

[[Page 59478]]

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 
(ICCAT) among the various domestic fishing categories, and General 
category effort controls (including time-period subquotas and 
restricted fishing days (RFDs)) are specified annually under 50 CFR 
635.23(a) and 635.27(a). The 2002 BFT Quota Specifications and General 
category effort controls were proposed on June 27, 2002 (67 FR 43266).

General Category

    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 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 second half of September is appropriate and 
necessary to allow full use of the September subquota. Therefore, NMFS 
adjusts the General category daily retention limit through September 
30, 2002, to two large medium or giant BFT per vessel.
    The intent of this adjustment is to allow for maximum utilization 
of the General category subquota for the September time-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.

Angling Category

    A recommendation of ICCAT requires that NMFS limit the catch of 
school BFT to no more than 8 percent by weight of the total domestic 
landings quota over each 4-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).
    Under Sec.  635.23(b)(3), NMFS may increase or reduce the 
recreational angler retention limit for any size class BFT or may 
change an angler limit to vessel trip limit or vice versa. 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.
    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 inseason adjustment to provide for 
maximum utilization of the quota and enhanced fishing opportunities 
over the range of the recreational fisheries. NMFS had issued an 
adjustment notice on June 11, 2002 ( 67 FR 39869 ) to allow vessels 
fishing under the Angling category quota a total of four BFT per day, 
measuring 27 to less than 73 inches CFL, effective June 11, 2002, 
through October 31, 2002.
    Over the last several years, NMFS has received comments that a 
retention limit of three or four BFT per vessel per day does not 
provide reasonable fishing opportunities for headboats, which may carry 
up to 40 passengers on a tuna fishing trip. In order to increase 
fishing and data collection opportunities in all sectors of the 
recreational BFT fishery, NMFS is implementing an alternative retention 
limit for headboats in the 2002 fishing year. NMFS set a differential 
retention limit for headboats in 2001 and received favorable comments 
on that action. For headboats, defined as vessels that possess an 
Atlantic HMS Charter/Headboat category permit and that are inspected 
and licensed by the Coast Guard to carry more than six passengers, the 
daily retention limit through October 31, 2002, is adjusted to one BFT 
per passenger (not including Captain and crew) in any combination of 
the school, large school or small medium size classes, with a maximum 
of 20 fish per vessel. 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 the 2002 fishing 
year.

Subsequent Adjustments

    From November 1, 2002 through May 31, 2003, the daily retention 
limit for all vessels fishing under the Angling category quota will be 
one large school or small medium BFT per vessel. 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.

Landings Reports

    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 Pelagic 
Survey. 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 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.

Catch and Release

    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

    These actions are taken under 50 CFR 635.23(a)(4) and under 50 CFR 
635.23(b)(3) and are exempt from review under Executive Order 12866.

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

    Dated: September 17, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-24021 Filed 9-17-02; 4:21 pm]
BILLING CODE 3510-22-S