[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Rules and Regulations]
[Pages 34960-34962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14231]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 061604A]


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 Charter/Headboat retention limits.

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SUMMARY: NMFS adjusts the daily retention limit for the recreational 
fishery for Atlantic bluefin tuna (BFT) for the 2004 fishing year that 
began June 1, 2004, and ends May 31, 2005. 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 quota. The seasonal adjustments to the daily retention 
limit for BFT are specified in the DATES and SUPPLEMENTARY INFORMATION 
sections of this document. This action is being taken to enhance 
recreational BFT fishing opportunities for all geographic areas.

DATES: Effective June 21 through July 21, 2004, inclusive, the daily 
recreational retention limit, in all areas, for vessels permitted in 
the Atlantic HMS Angling category is two BFT per vessels per day/trip; 
for vessels permitted in the Atlantic HMS Charter/Headboat category the 
limit is three BFT per vessel per day/trip. These BFT must measure 
between 27 to less than 73 inches (69 to less than 185 cm) curved fork 
length (CFL).
    Effective July 22, 2004 through May 31, 2005, inclusive, the daily 
recreational retention limit, in all areas, for all vessels fishing 
under the Angling category quota (i.e., both HMS Angling and Charter/
Headboat vessels) is one BFT measuring 27 to less than 73 inches (69 to 
less than 185 cm) CFL per vessel per day/trip.

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 of Atlantic Tunas (ICCAT) among various 
domestic fishing categories.
    Implementing regulations for the Atlantic tuna fisheries at Sec.  
635.23 set the daily retention limits for BFT and allow for adjustments 
to those limits in order to provide for maximum utilization of the 
quota over the longest period of time. NMFS may increase or decrease 
the retention limit for any size class BFT or change a vessel trip 
limit to an angler limit or vice versa. Such adjustments to the 
retention limits may be applied separately for persons aboard specific 
vessel types, such as private vessels, headboats and charter boats.

Angling Category Retention Limit

    A recommendation of ICCAT requires that NMFS limit the catch of 
school BFT to no more than 8 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 8 percent landings 
limit is not exceeded over the applicable four consecutive-year period. 
The 2004 fishing year is the second year in the current accounting 
period. This multi-year block quota approach provides NMFS with the 
flexibility to enhance

[[Page 34961]]

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/trip, which 
may be from the school, large school, or small medium category and, in 
addition, one large medium or giant BFT, 73 inches or greater (185 cm) 
CFL per vessel per year. Regulations at 50 CFR 635.23(b)(3) allow for 
the adjustment of these retention limits.
    In 2003, NMFS increased the Angling category daily retention limit 
to one school, large school, or small medium BFT per person with a 
maximum of six BFT per vessel from June 15 through October 31, 2003, 
and then reduced it to one large school, or small medium BFT for 
November 1, 2003, through May 31, 2004 (68 FR 35822, June 17, 2003). 
During the development of the 2003 BFT quota specifications, it was 
initially determined that the Angling category had not harvested the 
available quota in 2002, thus the unharvested 2002 quota was carried 
over to the 2003 Angling category quota, and was the basis for 
liberalized retention limits. However, after publication of the final 
initial 2003 BFT quota specifications (68 FR 56783, October 2, 2004), 
revised estimates of 2002 fishing year Angling category landings 
indicated that the Angling category fishery actually overharvested its 
allocated quota in the 2002 fishing year. Therefore, NMFS closed the 
Angling category fishery in mid-November 2003 (68 FR 64990, November 
18, 2003) for the remainder of the fishing year to avoid further 
overharvest in 2003.
    As of June 1, 2004, additional quota is available to the United 
States, for the 2004 fishing year, pursuant to an ICCAT Recommendation. 
The 2002 and 2003 Angling category landings estimates are currently 
under review. However, based on preliminary landings information and 
information that recreational size class BFT are currently on the 
fishing grounds and that the current recreational retention limits are 
restricting any directed fishing trips for BFT, NMFS is making modest 
adjustments to the daily recreational retention limits at this time to 
provide recreational anglers a reasonable opportunity to pursue BFT.
    Since June 1, 2004, 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 21 through July 21, 2004, inclusive, NMFS adjusts the 
daily retention limit for vessels permitted in the HMS Angling 
category, in all areas, to two BFT per vessel per day/trip, in any 
combination of the school, large school, or small medium size classes. 
Effective July 22, 2004, NMFS adjusts the daily retention limit for 
vessels permitted in the HMS Angling category, in all areas, to one BFT 
per vessel per day/trip, in any combination of the school, large 
school, or small medium size classes.

Charter/Headboat Category Retention Limit

    NMFS has also received public comments that a recreational 
retention limit of less than three or four BFT per vessel per day/trip 
does not provide reasonable fishing opportunities for charter/
headboats, which carry multiple fee-paying passengers. Charter/Headboat 
operators have requested a modified recreational retention limit that 
recognizes a fee-paying client's willingness to book charters based on 
potential retention limits. 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). NMFS has determined, for 
economic reasons, that it is appropriate to implement an alternative 
recreational retention limit for vessels possessing a Atlantic HMS 
Charter/Headboat category permit.
    Pursuant to 50 CFR 635.23(c), persons aboard a vessel issued an HMS 
Charter/Headboat permit may retain and land BFT under the daily limits 
and quotas applicable to the Angling category or the General category. 
The size category of the first BFT retained will determine the fishing 
category applicable to the vessel that day.
    Since June 1, 2004, 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 21 through July 21, 2004, inclusive, NMFS adjusts the 
daily retention limit for vessels permitted in the HMS Charter/Headboat 
category, in all areas, to three BFT per vessel per day/trip, in any 
combination of the school, large school, or small medium size classes. 
Effective July 22, 2004, NMFS adjusts the daily retention limit for 
vessels permitted in the HMS Charter/Headboat category, in all areas, 
to one BFT per vessel per day/trip, in any combination of the school, 
large school, or small medium size classes.

Monitoring and Reporting

    NMFS selected the daily retention limits and the duration of the 
daily retention limit adjustments after examining past catch and effort 
rates. NMFS will continue to monitor the recreational BFT 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 additional retention limit 
adjustments are 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.
    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. All 
recreational 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 
at 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.

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 action is intended to enhance recreational 
BFT fishing opportunities for all geographic areas without risking 
overharvest of the Angling category quota. NMFS has recently received 
information that recreational BFT are currently available on the 
fishing grounds and that the current recreational retention limits are 
restricting any directed fishing trips for BFT. The fishery is 
currently underway with a limited default recreational BFT retention 
limit and further delay in taking this action may have negative social 
and economic impacts on the recreational and charter/headboat 
communities.
    NMFS provides prior notification of any adjustments by publishing 
them in the Federal Register, by faxing notification to individuals on 
the HMS FAX Network and to known fishery representatives, by announcing 
the

[[Page 34962]]

notice on the Atlantic Tunas Information Line, and by posting the 
notice on the HMS Permitting website at www.nmfspermits.com.
    For these reasons mentioned above and because this action relieves 
a restriction, the AA also finds good cause to waive the 30-day delay 
in effective date pursuant to 5 U.S.C. 553(d)(1) and (3). This action 
is required under 50 CFR 635.28(a)(1) and is exempt from review under 
Executive Order 12866.

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

    Dated: June 18, 2004.
John H. Dunnigan
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service
[FR Doc. 04-14231 Filed 6-18-04; 3:50 pm]
BILLING CODE 3510-22-S