[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Rules and Regulations]
[Pages 64990-64992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28775]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 111303B]


Atlantic Highly Migratory Species; Bluefin Tuna Fisheries

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

ACTION: Quota transfer; fishery closure.

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SUMMARY: NMFS has determined that effective 11:30 p.m. local time on 
November 17, 2003, the Atlantic bluefin tuna (BFT) Angling category 
fishery will close in both the northern and southern management areas. 
NMFS also has determined that a BFT quota transfer from the General 
category to the Reserve category in the amount of 150 metric tons (mt) 
is warranted. These actions are being taken to ensure that U.S. BFT 
harvest is consistent with recommendations of the International 
Commission for the Conservation of Atlantic Tunas (ICCAT), pursuant to 
the Atlantic Tunas Convention Act (ATCA), to meet domestic management 
objectives under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), and to prevent overharvest of 
the 2003 Angling category quota.

DATES: Effective 11:30 p.m. local time November 17, 2003 through May 
31, 2004.

FOR FURTHER INFORMATION CONTACT: Brad McHale at 978-281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the ATCA (16 U.S.C. 971 et seq.) and the Magnuson-Stevens (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 ICCAT among the 
various domestic fishing categories, and together with General category 
effort controls are specified annually under 50 CFR 635.23(a) and 
635.27(a). The final initial 2003 BFT Quota and General

[[Page 64991]]

category effort controls were published on October 2, 2003 (68 FR 
56783).

Angling Category Closure

    The final initial 2003 BFT quota specifications were prepared using 
the ICCAT recommended 2003 baseline BFT quota adjusted by the results 
of the previous fishing year. During the development of the 2003 BFT 
quota specifications, it appeared that the Angling category had not 
harvested the available quota in 2002, thus the remaining quota was 
carried over to the 2003 Angling category. These initial landing 
estimates were calculated using an Automated Landing Reporting System 
(ALRS), in conjunction with the state landing tag data from Maryland 
and North Carolina. However, since the publication of the final initial 
2003 BFT quota specifications, revised preliminary estimates of 2002 
fishing year Angling category landings have been made available based 
on data collected through the Large Pelagics Survey (LPS). The LPS is 
the standard mechanism used for end of the year Angling category 
landing estimates, as well as the established method used to report 
landings data to ICCAT. These preliminary LPS estimates indicate that 
the Angling category fishery overharvested its allocated quota in the 
2002 fishing year. The ICCAT Recommendation regarding the harvest of 
BFT requires that countries overharvesting their allocation in a given 
year must take corrective action in the following year. Although the 
preliminary 2002 LPS Angling category landings estimates are currently 
under review, NMFS is closing the Angling category fishery to take a 
conservative approach for corrective action while the 2003 fishing year 
is still under way. Therefore, effective 11:30 p.m. local time on 
November 17, 2003, the Angling category BFT fishery will be closed in 
all management areas until further notice.
    Upon further examination of the revised 2002 Angling category 
landings estimates and 2003 Angling category landings estimates, NMFS 
may reconsider this Angling category closure. If it is determined that 
2003 fishing year quota remains available in the Angling category, 
after adjustments for the 2002 overharvest, or if additional 2003 quota 
can be made available to the Angling category, NMFS will announce the 
re-opening and/or transfer action in a separate Federal Register 
notice. Anglers aboard permitted vessels may continue to tag and 
release BFT of all sizes under a tag-and-release program, provided the 
anglers tag all BFT so caught, with conventional tags issued or 
approved by NMFS, return such fish to the sea immediately after tagging 
with a minimum of injury, and report the tagging (50 CFR 635.26).

Quota Transfer

    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 Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks.
    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.
    As stated above, preliminary 2002 Angling category landings 
estimates derived from the ALRS/Tagging data indicated an Angling 
category quota underharvest for the 2002 fishing year, and to fully 
utilize the entire 2002 U.S. BFT quota and after considering the quota 
transfer criteria outlined above, NMFS performed two separate quota 
transfers in the 2002 fishing year from the Angling category to the 
General category. These transfers allowed the General category to 
remain open for a longer period of time, thus providing additional 
fishing opportunities to General category fishermen in all areas and 
assisting in the attainment of optimum yield.
    The 2003 fishing year proposed and final initial BFT quota 
specifications were prepared using the baseline 2003 ICCAT BFT quota 
recommendation, and added or subtracted, as appropriate, underharvest 
or overharvest from the previous 2002 fishing year in accordance with 
U.S. regulations and all applicable ICCAT Recommendations, including 
restrictions on landings of school BFT. As discussed above, the 2003 
Angling category fishery is being closed in response to revised Angling 
category landings estimates for the 2002 fishing year that indicate an 
overharvest.
    As the General category was the recipient of the inseason BFT quota 
transfers from the Angling category during the 2002 fishing year (due 
to the apparent underharvest based on the ALRS/tagging estimates) and 
after considering the criteria for making BFT quota transfers between 
categories, NMFS has determined that a transfer of 150 mt from the 
General category to the Reserve category is warranted. The Reserve 
category was established for the purpose of compensating for any 
overharvest in any category and this transfer is necessary to meet 
ICCAT obligations to take corrective actions in the year subsequent to 
an overharvest.

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. 
Revised 2002 LPS Angling category landings estimates, recently made 
available, indicate an overharvest rather than an underharvest for the 
2002 fishing year. As the 2003 BFT quota specifications applied the 
estimated underharvest from the 2002 fishing year to the 2003 Angling 
category quota, a closure of the Angling category is warranted to 
address any potential for additional overharvest while evaluation of 
the revised landings estimates proceeds. In addition, an inseason BFT 
quota transfer is warranted to ensure any existing overharvest issues 
are not exacerbated by additional harvest prior to a full evaluation of 
the 2002 and 2003 fishing year landings. Delaying this action would be 
contrary to the public interest because it could result in further 
overharvest of BFT, an overfished species. 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, there is 
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.


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    Dated: November 13, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-28775 Filed 11-13-03; 1:45 pm]
BILLING CODE 3510-22-S