[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Rules and Regulations]
[Pages 35822-35824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 061103B]


Atlantic Highly Migratory Species; Bluefin Tuna Catch Limit 
Adjustments

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

ACTION: Adjustment of Angling and General Category Retention Limits

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SUMMARY: NMFS adjusts the daily retention limit for the Angling and 
General category fisheries for Atlantic bluefin tuna (BFT) for the 2003 
fishing year that began June 1, 2003, and ends May 31, 2004. Vessels 
permitted in the Atlantic Highly Migratory Species (HMS) Angling and 
the Atlantic HMS Charter/Headboat categories are eligible to land BFT 
under the BFT Angling category quotas. Vessels permitted in the 
Atlantic tunas General category and Atlantic HMS Charter/Headboat 
categories are eligible to land BFT under the BFT General category 
quotas. The seasonal adjustments to the daily retention limit for each 
BFT size class are specified in the DATES and SUPPLEMENTARY INFORMATION 
sections of this document. This action is being taken to provide 
increased fishing opportunities in all areas without risking 
overharvest in each category.

DATES: Effective June 15 through October 31, 2003, the daily 
recreational retention limit for vessels fishing under the Angling 
category quota in all areas is one BFT per person, measuring 27 to less 
than 73 inches (69 to less than 185 cm) curved fork length, with a 
maximum limit of six BFT per vessel. Effective August 15 through 
October 31, 2003, the daily recreational retention limit for headboats 
in all areas is one BFT per passenger (not including Captain and crew), 
measuring 27 to less than 73 inches (69 to less than 185 cm) curved 
fork length, with a maximum of 35 BFT per vessel. This limit applies to 
all headboats defined as a vessel that possess an Atlantic HMS Charter/
Headboat permit and that are inspected and licenced by the Coast Guard 
to carry more than six passengers. Effective November 1, 2003 through 
May 31, 2004, the daily recreational retention limit is one large 
school, or small medium BFT, measuring 47 to less than 73 inches (119 
to less than 185 cm) curved fork length, per vessel for all

[[Page 35823]]

vessels fishing under the Angling category quota in all areas.
    Effective June 15, 2003 through August 31, 2003, the General 
category daily retention limit in all areas will be adjusted to two 
large medium or giant BFT, measuring 73 inches (185 cm) or larger, for 
all vessels fishing under the General 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. Section 635.27 
subdivides the U.S. BFT quota recommended by the International 
Commission for the Conservation fo Atlantic Tunas (ICCAT) among 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).
    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.

Angling Category Retention Limit

    A recommendation of 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 not exceeded over the applicable 4-consecutive-year 
period. The 2003 fishing year is the first 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.
    In 2002, NMFS increased the Angling category daily retention limit 
to four school, large school, or small medium BFT from June 15 through 
October 31, which is when recreational-sized BFT are on the fishing 
grounds, and then reduced it to one large school, or small medium BFT 
for November 1, 2002 through May 31, 2003 (67 FR 39869, June 11, 2002). 
The 2002 fishing year ended on May 31, 2003, and there is quota carry-
over in the Angling category. Because of the large amount of quota 
available this year in the Angling category (over 499.2 metric tons 
(mt), 231 of which is carry-over from 2002) NMFS has determined that it 
is appropriate to adjust the recreational retention limit.
    Since June 1, 2003, the retention limit of one school, large school 
or small medium as specified at 50 CFR 635.23(b) has been in effect. 
Effective June 15 through October 31, 2003, NMFS adjusts the daily 
retention limit for all areas to one BFT per person with a maximum of 
six BFT per vessel, in any combination of the school, large school, or 
small medium size classes. This limit applies to all vessels permitted 
in the Atlantic HMS Angling category and to vessels permitted in the 
Atlantic HMS Charter/Headboat category.

Headboat Retention Limit

    Over the last several years NMFS has also received comments that a 
recreational 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. Headboats are 
defined as vessels that posses an Atlantic HMS Charter/Headboat 
category permit and that are inspected and licenced by the Coast Guard 
to carry more than six passengers. Headboat operators have requested a 
modified retention limit for their vessels that recognizes the high 
numbers of passengers they carry. On December 18, 2002, NMFS published 
a final rule that clarified the procedures to set differential BFT 
retention limits to provide equitable fishing opportunities for all 
types of fishing vessels (67 FR 77434). As noted above, the 2002 season 
closed on May 31, 2003, and there is quota carry-over from 2002. 
Because of the large amount of quota available this year in the Angling 
category (over 499.2 metric tons (mt), 231 mt of which is carry-over 
from 2002), NMFS has determined that it is appropriate to implement an 
alternative retention limit for headboats.
    Effective August 15, 2003, which is when headboats normally target 
BFT, the daily recreational retention limit for headboats in all areas 
will be one BFT per passenger (not including Captain and crew), 
measuring 27 to less than 73 inches curved fork length, with a maximum 
of 35 BFT per vessel. This limit applies to all headboats defined as 
vessels that possess an Atlantic HMS Charter/Headboat permit and that 
are inspected and licenced by the Coast Guard to carry more than six 
passengers.

Monitoring and Reporting

    From November 1, 2003, through May 31, 2004, the daily retention 
limit for all vessels fishing under the Angling category quota is one 
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 limits and the duration of the 
daily retention limit adjustments after examining past catch and effort 
rates and the available quota for the 2003 fishing year. 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.

[[Page 35824]]

    Closures or subsequent adjustments to the daily retention limit, if 
any, will be published 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 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).

General Category Retention Limits

    Based on current and historical General category landings rates in 
the June through August time-period, it is highly unlikely that the 
June through August subquota will be filled in the remaining fishing 
days, which would result in unused quota being added to the September 
subquota. During the 2001 and 2002 fishing years, 156 mt and 182 mt 
were carried over from the June through August to the September time-
period subquotas, respectively. Under Sec.  635.23 (a)(4), NMFS may 
increase or decrease the 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 BFT 
quota. Based on a review of dealer reports, current and historical 
daily landing trends, and the availability of BFT on the fishing 
grounds, NMFS has determined that an increase of the daily retention 
limit in the General category is necessary in order to provide an 
opportunity to harvest the June through August subquota in its 
designated time period. Therefore, effective June 15 through August 31, 
2003, the first quota subperiod, NMFS adjusts the daily retention limit 
to two large medium or giant BFT per vessel.
    The intent of this adjustment is to allow for maximum utilization 
of the June through August subquota (specified under Sec.  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 Fishery Management Plan for Atlantic tunas, swordfish, and sharks 
(HMS FMP).

Classification

    This action is taken under 50 CFR 635.23 (a)(4) and (b)(3). This 
action is exempt from review under Executive Order 12866.

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

    Dated: June 12, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-15287 Filed 6-12-03; 3:52 pm]
BILLING CODE 3510-22-S