[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Rules and Regulations]
[Page 43535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16578]



[[Page 43535]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 071504A]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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: NMFS has determined that the Atlantic bluefin tuna (BFT) 
General category daily retention limit should be adjusted in order to 
allow for maximum utilization of the General category June through 
August time-period subquota. Therefore, NMFS increases the daily 
retention limit to two large medium or giant BFT through August 31, 
2004. This action is being taken to provide increased opportunities to 
harvest the time-period General category quota.

DATES: Effective July 19, 2004 through August 31, 2004.

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 the 
procedures identified at 50 CFR 635.23(a) and 635.27(a). NMFS is in the 
process of establishing the 2004 annual BFT quota specifications. 
Consistent with the requirements of the fishery management plan and 
implementing regulations, it is anticipated that time period subquotas 
will be established for the General category at levels similar to past 
years.

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 remainder of the June 
through August time-period is appropriate and necessary. Current catch 
rates in the General category amount to approximately 0.5 metric tons 
(mt) or two fish per day. Based on this current General category 
landings rate the June through August subquota will not be filled in 
the remaining fishing days prior to the end of August, thus resulting 
in an excessive quota rollover to the September time-period subquota. 
This data is similar to low landings rates at this time last year when 
it was also determined that the daily retention should be increased. 
Experience in prior years has shown that the retention limit increase 
had positive impacts on the fishery and favorable public response, if 
done expeditiously. Therefore, NMFS adjusts the General category daily 
retention limit through August 31 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 June through 
August time-period (specified under 50 CFR 635.27(a)), 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.

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 2004 BFT season have been extremely low to date and at 
the current rate of landings it is not possible that the available 
quota will be harvested by August 31, 2004. NMFS has recently become 
aware of a slight increase of BFT available on the fishing grounds. 
This slight increase in abundance provides the potential to increase 
landings rates if General category participants are authorized to 
harvest two BFT. Delay in increasing the retention limits would 
adversely affect those General category vessels that would otherwise 
have an opportunity to harvest more than one BFT per day and would 
further exacerbate the problem of excessive quota rollovers. Large 
amounts of unharvested quota may have negative social and economic 
impacts to U.S. fishermen that 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 normally required for 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: July 15, 2004.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-16578 Filed 7-16-04; 2:43 pm]
BILLING CODE 3510-22-S