[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Rules and Regulations]
[Pages 52140-52141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22339]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 082203D]


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 adjustment.

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SUMMARY: This action adjusts the Atlantic bluefin tuna (BFT) General 
category daily retention limit to allow for maximum utilization of the 
General category adjusted September time-period subquota. NMFS 
increases the daily retention limit to two large medium or giant BFT 
through September 30, 2003. This action is being taken to provide 
increased fishing opportunities in all areas without risking 
overharvest of the General category quota.

DATES:  Effective September 1, 2003 through September 30, 2003.

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 (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 2003 BFT Quota Specifications and General 
category effort controls were proposed on July 10, 2003 (68 FR 41103).

Adjustment of Daily Retention Limit

    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, available quota, and the 
availability of BFT on the fishing grounds, NMFS has determined that an 
increase of the daily retention limit for the September time-period is 
appropriate and necessary to maximize use of the full, adjusted 
September subquota. 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. At current catch rates and a daily retention 
limit of one BFT per vessel, it is also unlikely that the adjusted 
September subquota will be attained in the September time-period. 
Therefore, NMFS adjusts the General category daily retention limit 
through September 30 to two large medium or giant BFT per vessel.
    The intent of this adjustment is to allow for maximum utilization 
by General category participants of the subquota for the September 
time-period (specified under 50 CFR 635.27(a)), (which has been 
adjusted by the quota carryover from the June through August time-
period subquota), 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.
    Closures or subsequent adjustments to the daily retention limit, if 
any, will be published in the Federal Register. In addition, owners/
operators may call the Atlantic Tunas Information Line at (888) 872-
8862 or (978) 281-9305 for updates

[[Page 52141]]

on quota monitoring and retention limit adjustments.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that it 
is impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action. Catch 
rates for the 2003 BFT season have been extremely low and, at the 
current rate of landings, it is highly unlikely that the available 
quota will be harvested by September 30, 2003. Delaying this action 
would further exacerbate this problem. Large amounts of unharvested 
quota will have negative social and economic impacts to U.S. fishermen 
that depend upon catching the available quota within the time periods 
designated in the Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks. Therefore, the AA finds good cause under 5 
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public 
comment. For all of the above reasons, and because this action relieves 
a restriction (i.e., allows the retention of more fish), there is also 
good cause under 5 U.S.C. 553(d) to waive the delay in effectiveness of 
this action.
    This action is being taken under 50 CFR 635.23(a)(4) and is exempt 
from review under Executive Order 12866.

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

    Dated: August 26, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-22339 Filed 8-27-03; 2:54 pm]
BILLING CODE 3510-22-S