[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Rules and Regulations]
[Pages 75466-75467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32223]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D.122303H]


Atlantic Highly Migratory Species; Bluefin Tuna Fisheries

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

ACTION: Quota transfers; fishery reopening.

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SUMMARY: NMFS adjusts the coastwide General category quota for the 
Atlantic bluefin tuna (BFT) fishery by transferring 15.0 metric tons 
(mt) from the Longline North subcategory quota, 12 mt from the Longline 
South subcategory quota and 3 mt from the Trap category to the 
coastwide General category for a revised quota of approximately 564.4 
mt. NMFS reopens the coastwide BFT General category for the time period 
of 12:30 a.m. January 2 through 11:30 p.m. January 3, 2004 inclusive. 
These actions are being taken to allow for maximum utilization of the 
U.S. BFT landings quota while maintaining a fair distribution of 
fishing opportunities, preventing overharvest of the adjusted quotas 
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 December 24, 2003, through May 
31, 2004. The coastwide General category reopening is effective 12:30 
a..m. January 2 through 11:30 p.m. January 3, 2004.

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 together 
with General category effort controls are specified annually as 
required under 50 CFR 635.23(a) and 635.27(a). The final initial 2003 
BFT quota and General category effort controls were published on 
October 2, 2003 (68 FR 56783). A final rule to adjust certain size 
limits and commercial BFT seasons, including extending the General 
category through January 31 each year was published December 24, 2003 
(68 FR 74504).

Quota Transfers

    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.

General Category End Date

    During the development of the HMS FMP, the emergence of a General

[[Page 75467]]

category BFT fishery in the southern Atlantic region was extensively 
discussed by the HMS AP and the public. However, the HMS AP did not 
reach consensus on how the HMS FMP should address the scope of a 
southern area General category BFT fishery. Over the last couple of 
years, NMFS has performed a number of inseason quota transfers of BFT, 
consistent with the transfer criteria established in the HMS FMP, which 
has allowed the General category BFT fishery to extend into the winter 
months (i.e., late November - December) and provided fishing 
opportunities for southern Atlantic General category fishermen. In 
2002, NMFS received a Petition for Rulemaking submitted by the North 
Carolina Department of Marine Fisheries to formalize this winter 
fishery and extend fishing opportunities into January. NMFS published a 
Notice of Receipt of Petition on November 18, 2002 (67 FR 69502).
    In part to address some of the concerns raised in the Petition, as 
well as to increase fishing opportunities and optimum yield for the 
fishery overall, NMFS recently extended the General category end date 
from December 31 to January 31 (68 FR 74504, December, 24, 2003). This 
effectively alters the third General category time-period from October 
through December to October through January.

Quota Adjustments

    The 2003 BFT quota specifications issued pursuant to Sec.  635.27 
set a General category quota of 684.4 mt of large medium and giant BFT 
to be harvested from the regulatory area during the 2003 fishing year, 
and divided the General category quota into time-period subquotas to 
provide for broad temporal and geographic distribution of fishing 
opportunities. On November 18, 2003, NMFS transferred 150 mt to the 
Reserve category, establishing an adjusted coastwide General category 
quota of 534.4 mt for the 2003 fishing year (68 FR 64990, November 18, 
2003). Based on reported landings, NMFS closed the coastwide General 
category at 11:30 p.m. local time December 10, 2003. The intent of this 
closure was to prevent overharvest of the adjusted quota established 
for the General category. As of the December 10, 2003 closure, 
approximately 552.8 mt has been harvested by the coastwide General 
category, an overharvest of approximately 18.4 mt.
    After considering the criteria established for making transfers 
between categories, NMFS has determined that 15 mt of the remaining 
Longline North subcategory quota of approximately 27.9 mt (not 
including the 25 mt set aside for BFT caught in the vicinity of the 
management boundary area) should be transferred to the coastwide 
General category quota. NMFS has also determined that 12 mt of the 
remaining Longline South subcategory quota of approximately 74.0 mt and 
3 mt of the Trap category quota of approximately 3.8 should be 
transferred to the coastwide General category. These transfers provide 
a combined 30 mt to the coastwide General category fishery for an 
adjusted quota of 564.4 mt. This action addresses the cumulative 
overharvest of 18.4 mt to date and also provides a limited amount of 
additional quota (11.6 mt) to extend fishing opportunities in the 
southern Atlantic region.
    Due to the expected General category catch rates late in the season 
and the amount of quota available, NMFS is limiting the coastwide 
General category reopening period for large medium and giant BFT to two 
days. Therefore, the coastwide General category is scheduled to reopen 
on 12:30 a.m. January 2, 2004, and close at 11:30 p.m. January 3, 2004. 
Fishing for, retaining, possessing, or landing large medium or giant 
BFT intended for sale by persons aboard vessels in the General or HMS 
Charter/Headboat categories must cease at 11:30 p.m. local time January 
3, 2004.

Classification

    The Assistant Administrator for fisheries, NOAA (AA), finds 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. This transfer and reopening is intended to 
provide increased fishing opportunities in all areas without risking 
overharvest of the adjusted BFT quota established for the coastwide 
General category. The fishery is currently closed and any delay in 
reopening would not allow for maximum utilization of available quota 
and would be inconsistent with domestic requirements and objectives. 
NMFS provides prior notification of the reopening, and subsequent 
closure, by publishing a notice in the Federal Register, faxing 
notification to individuals on the HMS FAX Network and to known fishery 
representatives, announcing the notice on the Atlantic Tunas 
Information Line, and announcing the notice over NOAA Weather and Coast 
Guard radio channels. For all of the above reasons, and because this 
action relieves a restriction (i.e., allows the utilization of quota 
and extends fishing opportunities), there is also good cause under 5 
U.S.C. 553(d) to waive the delay in effectiveness of this action. This 
action is required under 50 CFR 635.28(a) (1) and is exempt from review 
under E.O. 12866.

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

    Dated: December 24, 2003.
Bruce C. Morehead,
 Acting Director,Office of Sustainable Fisheries,National Marine 
Fisheries Service.
[FR Doc. 03-32223 Filed 12-24-03; 2:10 pm]
BILLING CODE 3510-22-S