[Federal Register Volume 67, Number 200 (Wednesday, October 16, 2002)]
[Rules and Regulations]
[Pages 63854-63855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26301]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 100702A]


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.

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SUMMARY: NMFS adjusts the October-December time-period subquota for the 
General category Atlantic bluefin tuna (BFT) fishery by transferring 60 
metric tons (mt) from the Longline South subquota, 10 mt from the 
Longline North subquota, 60 mt from the Angling category large school/
small medium size class subquota for the northern area, and including 
the quota underharvest from previous time periods, for a revised 
coastwide General category October - December time-period subquota of 
approximately 301.4 mt. NMFS has also determined that the BFT General 
category restricted fishing day (RFD) schedule should be adjusted to 
allow for maximum utilization of the General category October-December 
time-period subquota. Therefore, NMFS authorizes fishing under the 
General category quota the previously designated RFDs for the month of 
October, 2002. Additionally, the daily retention limit is increased to 
two large medium or giant BFT for the remainder of October, 2002. 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 10, 2002, through May 
31, 2003. The General category retention limit adjustments are 
effective October 13, 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.) 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 Adjustments

    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.
    Annual BFT quota specifications issued under 50 CFR 635.27 provide 
for a quota of 647.0 mt of large medium and giant BFT to be harvested 
from the regulatory area by vessels fishing under the General category 
quota during the 2002 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 63.7 mt for the 2002 fishing year, and is currently 171.4 mt, after 
the carryover of approximately 107.7 mt of unharvested subquota from 
previous time periods. 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 60 mt of the remaining Longline 
South subcategory quota of approximately 109.0 mt, and 10 mt of the 
remaining Longline North subcategory quota of approximately 25.4 mt 
should be transferred to the General category. Sufficient quota remains 
in the Longline category to provide for additional landings by pelagic 
longline vessels for the remainder of the 2002 fishing year. NMFS has 
also determined that 60 mt of the remaining Angling North large school/
small medium subcategory quota of approximately 112.5 mt should be 
transferred to the General category. Given these transfers totaling 130 
mt, the adjusted subquota for the coastwide General category fishery 
for the October-December period is 301.4 mt.

Adjustment of General Category Daily Retention Limit

    NMFS previously established an effort control schedule for the 2002 
BFT General category fishery that included certain RFDs (67 FR 61537, 
October 1, 2002 ). Under the authority of 50 CFR 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 an adjustment to the RFD schedule is appropriate and 
necessary, and, therefore, increases the daily retention limit for 
certain previously designated RFDs for the month of October, 2002. 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 authorizes fishing under the General category quota for 
October 13, 14, 16, 30, 21, 23, 27, 28, and 30, 2002, and increases the 
daily retention limit to two large medium or giant BFT per vessel 
through October 31, 2002.
    If the adjusted General category subquota for the October-December 
period is harvested, the coastwide fishery will be closed and NMFS will

[[Page 63855]]

take action as necessary to release the set aside for the New York 
Bight fishery. Alternatively, NMFS may transfer additional quota from 
the Reserve or other fishing categories to allow the coastwide General 
category fishery to remain open. An announcement of closure, if any, 
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, the 
www.nmfspermits.com website, 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 or access 
the website mentioned above, to check the status of the fishery before 
leaving for a fishing trip.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds for 
good cause that providing prior notice and public comment for this 
action, as required under 5 U.S.C. 553(b)(B), is impracticable and 
contrary to the public interest. Without these inseason adjustments, 
NMFS would not be providing U.S. fishermen with a reasonable 
opportunity to catch the quota allocated to the United States by ICCAT. 
Additionally, given low catch rates to date, continued effort controls 
and a restrictive catch limit would not allow for maximum utilization 
of the General category October-December time-period subquota. As the 
fishery is currently underway, and fishing opportunities may be limited 
by weather-related factors and BFT migration, any delay in this action 
would be inconsistent with its objectives. For these reasons and 
because this action relieves a restriction (i.e., reallocates quota to 
avoid closure and increases daily catch limit thereby removing RFDs), 
the AA also finds good cause to waive the 30-day delay in effective 
date pursuant to 5 U.S.C. 553(d)(1) and (3). This action is authorized 
by 50 CFR 635.27 is exempt for review under Executive order 12866.

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

    Dated: October 9, 2002.
John H. Dunigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-26301 Filed 10-10-02; 4:23 pm]
BILLING CODE 3510-22-S