[Federal Register Volume 69, Number 183 (Wednesday, September 22, 2004)]
[Rules and Regulations]
[Pages 56719-56720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21290]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 091604A]


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.

-----------------------------------------------------------------------

SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
General category daily retention limit should be adjusted to allow for 
maximum utilization of the U.S. landings quota of BFT, while 
maintaining a fair distribution of fishing opportunities. Therefore, 
NMFS increases the daily retention limit to provide increased 
opportunities to harvest the General category quota.

DATES: The effective dates for the daily retention limits specified in 
this rule are provided in Table 1 under SUPPLEMENTARY INFORMATION.

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 sub-quotas) 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 and in the meantime, sufficient General 
category quota is available for 2004 per the 2002 recommendation from 
ICCAT.

Adjustment of Daily Retention Limit

    NMFS is increasing the General category daily retention limit 
effective from September 20, 2004, through October 20, 2004, inclusive, 
to two large medium or giant BFT per vessel (see Table 1). 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 to 
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 from September 
20, 2004, through October 20, 2004, inclusive, is appropriate and 
necessary.

                                         Table 1--Daily Retention Limits
----------------------------------------------------------------------------------------------------------------
              Category                    Effective Date                 Areas             BFT Size Class Limit
----------------------------------------------------------------------------------------------------------------
General                              September 20, 2004-       All                       Two BFT per vessel,
                                      October 20, 2004                                    measuring 73 inches
                                                                                          (185 cm) curved fork
                                                                                          length or larger
 
                                     October 21, 2004-January  All                       One BFT per vessel,
                                      31, 2005                                            measuring 73 inches
                                                                                          (185 cm) curved fork
                                                                                          length or larger
----------------------------------------------------------------------------------------------------------------

    Current catch rates in the General category amount to approximately 
0.5 metric tons (mt) per day. Current catch rates are lower than the 
low landings rates that occurred at this time last year when it was 
also determined that the daily retention should be increased. In 
combination with a quota rollover from the previous sub-period, the 
current 2004 landing rate would not lead to harvest of the full 
September sub-quota, and would result in an excessive quota rollover 
into the next sub-period. Adding an excessive amount of unused quota 
from one time-period sub-quota to the subsequent time-period sub-quota 
is undesirable because it effectively changes the time-period sub-quota 
allocation percentages established in the Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks (HMS FMP). This issue has been 
discussed extensively during public comment periods for annual quota 
specifications and during HMS Advisory Panel meetings. This adjustment, 
which will be in effect for approximately 30 days, is scheduled for 
approximately the same time period when catch rates increased in New 
England in 2003. Catch rates for the regional New England fishery are 
expected to increase during the limited time period this adjustment is 
in effect. BFT are expected to begin the annual southward migration at 
approximately the time the retention limit is reduced (October 21, 
2004) and by reverting to a retention limit of one fish per vessel per 
day, sub-period quota for subsequent regional fisheries will be 
maintained. Experience in prior years has shown that similar 
adjustments to the General category retention limit had positive 
impacts on the fishery and favorable public response.
    The intent of this adjustment is to allow for maximum utilization 
of the U.S. landings quota of BFT (specified under 50 CFR 635.27(a)) 
while maintaining a fair distribution of fishing opportunities, 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.
    The default daily General category retention limit of one large 
medium or giant BFT (specified at 50 CFR 635.23(a)(2)), will apply to 
all vessels fishing under the General category quota effective October 
21, 2004, through the remainder of the General category fishery, which 
ends January 31, 2005 (see Table 1).

[[Page 56720]]

    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. NMFS has 
recently become aware of increased availability of BFT on the New 
England fishing grounds. This increase in abundance provides the 
potential to increase landings rates for the New England fishery if 
participants are authorized to harvest two BFT per day. In order to 
provide access to BFT while they are available on the New England 
fishing grounds, the retention limit adjustment must be performed 
expeditiously. Delay in increasing the retention limits would adversely 
affect regional General category vessels since BFT will soon migrate 
south away from the New England fishing grounds. The regulations 
implementing the HMS FMP provide for retention limit in-season 
adjustments in order to respond to the unpredictable nature of BFT 
availability on the fishing grounds, the migratory nature of this 
species, and the regional variations in the BFT fishery. Immediate 
adjustment of retention limits is also necessary in order to avoid 
excessive quota rollovers to subsequent management periods. Impediments 
to the harvest of available quota will 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. In addition to the 
above reasons and because this action relieves a restriction (i.e., 
allows the retention of more fish), the AA also finds good cause to 
waive the delay in effectiveness normally required for this action is 
provided pursuant to 5 U.S.C. 553(d).
    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: September 17, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-21290 Filed 9-17-04; 2:37 pm]
BILLING CODE 3510-22-S