[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Rules and Regulations]
[Pages 51608-51609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19165]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 072104B]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Adjustment of recreational fishery retention limits.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
Angling category daily retention limit should be adjusted in order to 
enhance recreational fishing opportunities for the remainder of 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 Atlantic HMS Charter/Headboat categories are eligible to 
land BFT under the BFT Angling category quota. The adjustments to the 
daily retention limits for BFT are specified in the SUPPLEMENTARY 
INFORMATION section of this document. This action is being taken to 
provide enhanced private recreational and Charter/Headboat fishing 
opportunities in all areas without risking overharvest of the Angling 
category quota.

DATES: The daily recreational retention limit adjustments for vessels 
permitted in the Atlantic HMS Angling category or the Atlantic HMS 
Charter/Headboat category are effective August 20 through September 20, 
2004, inclusive.
    The default daily recreational retention limit at 50 CFR 635.23(b) 
for all vessels fishing under the Angling category quota (i.e., both 
HMS Angling and Charter/Headboat vessels) is effective September 21, 
2004, through the remainder of the fishing year, May 31, 2005, 
inclusive.

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 (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. A recommendation of ICCAT requires that 
NMFS limit the catch of school BFT, measuring 27 to less than 47 inches 
(69 to less than 119 cm) curved fork length (CFL), 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 4-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 fishing opportunities and to collect information 
on a broad range of BFT size classes while minimizing the risk of 
overharvest of the school size class.
    Implementing regulations for the Atlantic tuna fisheries at Sec.  
635.23 set the daily retention limits for BFT and allow for adjustments 
to the daily retention limits in order to provide for maximum 
utilization of the quota over the longest possible 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 a specific vessels type, such as private vessels, 
headboats and charter boats.
    On June 23, 2004 (69 FR 34960), NMFS adjusted the daily 
recreational retention limit, in all areas, for vessels permitted in 
the HMS Angling category, to two school, large school, or small medium 
BFT, measuring 27 to less than 73 inches (69 to less than 185 cm) CFL, 
per vessel per day/trip. This retention limit remained in effect 
through July 21, 2004, inclusive. Starting on July 22, 2004, the daily 
retention limit for vessels permitted in the HMS Angling category, 
reverted to one school, large school, or small medium BFT, per vessel 
per day/trip.
    Based on communications with fishermen, available quota, and 
historical information regarding fish migration patterns and 
availability off the east coast, particularly off the mid-Atlantic 
states, NMFS has determined that a modest increase in the daily 
retention limit, of limited duration, is appropriate and necessary 
without risking overharvest of available quota. Thus NMFS adjusts the 
daily BFT retention limit, in all areas, for vessels permitted in the 
HMS Angling category, effective August 20 through September 20, 2004, 
inclusive, to two BFT per vessel per day/trip, in any combination of 
the school, large school, or small medium size classes.
    NMFS is aware of industry concerns 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 retention limit that recognizes a fee-paying 
client's willingness to book charters in advance based on potential 
retention limits. 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 
(December 18, 2002; 67 FR 77434).
    NMFS previously adjusted the daily recreational retention limit, in 
all areas, for vessels permitted in the HMS Charter/Headboat category, 
to three school, large school, or small medium BFT, per vessel per day/
trip, through July 21, 2004 (June 23, 2004, 69 FR 34960). Starting on 
July 22, 2004, the daily retention limit for vessels permitted in the 
HMS Charter/Headboat category, also reverted to one school, large 
school, or small medium BFT, per vessel per day/trip. Based on 
communications with fishermen and the nature of charter/headboat 
fishing operations stated above, NMFS adjusts the daily BFT retention 
limit, in all areas, for vessels permitted in the HMS Charter/Headboat 
category, effective August 20 through September 20, 2004, inclusive, to 
three BFT per vessel per day/trip, in any combination of the school, 
large school, or small medium size classes.
    Effective September 21, 2004, through the remainder of the fishing 
year, May 31, 2005, inclusive, the default daily recreational retention 
limit at 50 CFR 635.23(b)), will apply in all areas, for all vessels 
fishing under the Angling category quota (i.e., both HMS Angling and 
Charter/Headboat vessels). The default retention limit is one school, 
large school, or small medium BFT, measuring 27 to less than 73 inches 
(69

[[Page 51609]]

to less than 185 cm) CFL, per vessel per day/trip.

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 and the available quota for the 2004 fishing year. NMFS will 
continue to monitor the BFT fishery closely through the Automated 
Landings Reporting System, 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 ensure 
available quota is not exceeded or, 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.
    Closures or 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 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 
(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 that it 
is impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action. BFT 
traditionally start to migrate during the late summer and are currently 
available in the northern area. NMFS has already provided a 1-month 
window of enhanced fishing opportunities to fishermen off the coasts of 
mid-Atlantic states from mid-June to mid-July. In order to balance 
concerns regarding continued utilization of available quota while not 
exceeding allotted amounts and at the same time provide for 
recreational fishing opportunities along all of the Atlantic coast NMFS 
needs to act promptly to provide enhanced fishing opportunities to 
northern area fishermen similar to those previous provided to the mid-
Atlantic area. NMFS is now aware of an increase in BFT available in the 
northern area fishing grounds. Delay in increasing the retention limits 
would adversely affect those northern area Angling and Charter/Headboat 
category vessels that have a limited window of opportunity to access 
recreational size class BFT as the fish are expected to continue to 
migrate and will no longer be accessible to anglers in this region. 
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: August 16, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-19165 Filed 8-17-04; 2:34 pm]
BILLING CODE 3510-22-S