[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Rules and Regulations]
[Pages 56212-56213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24620]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

I.D. 092403C


Atlantic Highly Migratory Species Fisheries; Bluefin Tuna 
Retention Limit

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 
proposed coastwide General category quota. NMFS increases the daily 
retention limit to three large medium or giant BFT. This action is 
being taken to provide increased fishing opportunities in all areas 
without risking overharvest of the General category quota.

DATES: Effective September 27, 2003, through October 31, 2003.

FOR FURTHER INFORMATION CONTACT: Brad McHale at 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 month of October is 
appropriate and necessary to maximize use of the proposed coastwide 
General Category quota. Based on this seasons landings rates in June 
through September, it is highly unlikely that the proposed September 
subquota will be filled in the remaining fishing days. At current catch 
rates and a daily retention limit of two BFT per vessel, it is also 
unlikely that the proposed October through December subquota, will be 
attained in the October through December time-period. An adjustment to 
the General category daily retention limit will allow full use of the 
General category quota proposed for the 2003 fishing year, while 
preventing overharvest and ensuring reasonable fishing opportunities in 
all areas. Therefore, NMFS adjusts the General category daily retention 
limit to three large medium or giant BFT per vessel, effective 
September 27 through October 31, 2003.
    The intent of this adjustment is to allow for maximum utilization 
by General category participants of the remaining General category 
quota (specified under 50 CFR 635.27(a)), (which has been adjusted by 
the quota carryover from the June through August and September time-
period subquotas), 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 on quota monitoring and retention 
limit adjustments.

[[Page 56213]]

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 proposed quota 
will be harvested. Delay in increasing the retention limits would 
further exacerbate this problem. Large amounts of unharvested quota 
will have negative social and economic impacts to U.S. fishermen who 
depend upon catching the available quota within the time periods 
designated in the HMS FMP. 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: September 24, 2003.
Bruce C. Morehead,
Acting Director, Office of Substainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-24620 Filed 9-24-03; 3:49 pm]
BILLING CODE 3510-22-S