[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Rules and Regulations]
[Pages 71732-71735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27193]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 120704C]


Atlantic Highly Migratory Species; Bluefin Tuna Fisheries

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

ACTION: Quota transfer; fishery reopening; catch limit adjustment.

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SUMMARY: NMFS has determined that Atlantic bluefin tuna (BFT) quota 
transfers from the Atlantic tunas General, Harpoon, and Incidental 
Longline categories to the Angling and Reserve categories, are 
warranted. In addition, NMFS is reopening the coastwide General 
category BFT fishery and reopening the Angling category BFT fishery. 
Finally, NMFS prohibits retention of school BFT less than 47 inches 
(119 cm) in the recreational fishery for the remainder of the fishing 
year. These actions are being taken to ensure that U.S. BFT harvest is 
consistent with recommendations of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT), pursuant to the Atlantic Tunas 
Convention Act (ATCA), and to meet domestic management objectives under 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and the Fishery Management Plan for Atlantic Tunas, 
Swordfish and Sharks (HMS FMP).

DATES: The effective date of the BFT quota transfers and recreational 
catch limit adjustment is December 7, 2004 through May 31, 2005. The 
effective dates for the reopening of the General and Angling 
categories, as specified in this rule, are provided in Table 1 under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Brad McHale at (978) 281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the ATCA (16 U.S.C. 971 et seq.) and the 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 ICCAT among 
the various domestic fishing categories, and together with General 
category effort controls are specified annually under procedures 
specified at 50 CFR 635.23(a) and 635.27(a). The proposed initial 2004 
BFT Quota and General category effort controls were filed with the 
Office of the Federal Register on December 7, 2004.

Quota Transfer

    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

[[Page 71733]]

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.
    The 2004 fishing year proposed initial BFT quota specifications 
were prepared in accordance with the 2002 ICCAT quota recommendation, 
the ICCAT recommendation regarding the dead discard allowance, the HMS 
FMP percentage shares for each of the domestic categories, including 
restrictions on landings of school BFT, and the addition or subtraction 
of any underharvest or overharvest from the previous fishing year. NMFS 
proposed initial quota specifications for the 2004 fishing year as 
follows: General category - 659.0 mt; Harpoon category - 81.4 mt; Purse 
Seine category - 389.4 mt; Angling category - 65.5 mt; Longline 
category - 171.2 mt; and Trap category - 2.3 mt. Additionally, 36.6 mt 
would be allocated to the Reserve category.
    On November 19, 2004, (69 FR 68094, November 23, 2004) NMFS closed 
the coastwide General and Angling category BFT fisheries due to 
uncertainties in the amount of available quota remaining given 
preliminary landing estimates for the 2004 fishing year. Since that 
closure, NMFS has been able to more accurately assess the level of BFT 
landings to date after applying quality assurance procedures for 
commercial dealer reports. Current landings of incidentally caught BFT 
in the Longline category total approximately 27.8 mt, not including 
landings against the NED set-aside. The Harpoon category closed on 
November 15, 2004 (68 FR 74504, December 24, 2003) with a total of 29.9 
mt landed by vessels in this category. The General category has landed 
a total of 251.5 mt to date. In addition, and also since the closure, 
NMFS has completed a report that analyzes the recreational catch 
estimate procedures and provides final BFT landings estimates for both 
the 2002 and 2003 fishing years. Based on the above report, the filing 
of the 2004 proposed BFT specifications, an assessment of the 
commercial landings data to date, and considering the factors for 
making quota transfers between categories, NMFS has determined that BFT 
quota transfers are warranted and that quota remains available for 
limited General and Angling category BFT fisheries.
    Landings and effort information from the General and Angling 
category BFT fisheries are used by NMFS scientists for calculation of 
Catch-Per-Unit-Effort (CPUE) indices and are useful for stock 
assessment purposes. Extending the General and Angling category seasons 
has traditionally provided for enhanced CPUE data estimates due to the 
collection of additional data over a greater time frame and with 
broader spatial coverage. Without conducting an inseason transfer, NMFS 
would not be able to obtain an optimal temporal or geographic 
distribution of CPUE data for the 2004 fishing year. Based on previous 
fishing years catch rates late in the season, availability of quota, 
and availability of BFT on the fishing grounds, NMFS expects that 
transferred quota would be harvested prior to the end of the 2004 
fishing year.
    The effects on rebuilding and overfishing as a result of an 
inseason transfers are predicted to be neutral. The prime effect is to 
transfer quota among categories and no additional harvest above the 
quota level authorized in the BFT rebuilding plan is anticipated. The 
transfers are consistent with the objectives of the HMS FMP as they 
would provide for fair and reasonable fishing opportunities, allow for 
maximum utilization of the 2004 U.S. BFT allocation while preventing an 
overharvest of that allocation.
    Therefore, NMFS has determined to transfer 223.1 mt of the proposed 
General category quota of approximately 659.0 mt to the Angling 
category. Also, in part to address the anticipated landings from the 
2004 recreational season, NMFS has determined to transfer 76.9 mt of 
the proposed General category quota, 45 mt of the proposed Longline 
category quota, and 40 mt of the proposed Harpoon category quota to the 
Reserve category. The Reserve category was established, in part, for 
the purpose of compensating overharvest in any category and to ensure 
overall U.S. landings do not exceed ICCAT recommended quotas.

Reopening of the General and Angling BFT Fisheries

                   Table 1. Reopening Effective Dates
------------------------------------------------------------------------
                                                          BFT Size Class
       Category        Effective Dates       Areas            Limit
------------------------------------------------------------------------
General                December 8       All              One large
                        through                           medium or
                        December 20,                      giant BFT per
                        2004,                             vessel/day/
                        inclusive                         trip,
                                                          measuring 73
                                                          inches (185
                                                          cm) CFL or
                                                          greater.
------------------------------------------------------------------------
Angling                December 8       All              One large
                        through May                       school or
                        31, 2005,                         small medium
                        inclusive                         BFT per vessel/
                                                          day/trip,
                                                          measuring 47
                                                          to less than
                                                          73 inches (119
                                                          cm to less
                                                          than 185 cm)
                                                          CFL. One large
                                                          medium or
                                                          giant
                                                          ``trophy'' BFT
                                                          per vessel/
                                                          year,
                                                          measuring 73
                                                          inches (185
                                                          cm) or greater
                                                          (no sale).
------------------------------------------------------------------------

General category

    The General category fishery was closed (69 FR 68094, November 23, 
2004) and is reopened to provide commercial fishing opportunities to 
both General and Charter/Headboat category fishery participants to 
harvest the remainder of the available General category quota. Given 
the proposed specifications and the above transfers, a limited quota of 
approximately 107 mt remains available which is approximately the same 
level of landings attributed to southern area fishermen during last 
winter's commercial fishery. Recent information indicates that the 
commercial sized BFT have now migrated off the coast off North Carolina 
and are available to General and Charter/Headboat category fishery 
participants. Due to the

[[Page 71734]]

anticipated General category catch rates in December, the unpredictable 
nature of the weather, the availability of BFT on the fishing grounds, 
and the amount of available quota, NMFS has determined to limit the 
coastwide General category reopening period for large medium and giant 
BFT to 13 days.
    Therefore, the coastwide General category is scheduled to reopen on 
12:30 a.m. December 8, 2004, and close at 11:30 p.m. December 20, 2004. 
The General category daily retention limit during this reopening is one 
large medium or giant BFT, measuring 73 inches or greater (185 cm or 
greater) curved fork length (CFL) per vessel/day/trip and applies in 
all areas, for all vessels fishing under the General category quota 
(i.e., permitted HMS General and Charter/Headboat vessels). Fishing 
for, retaining, possessing, or landing large medium or giant BFT by 
persons fishing under the General category quota must cease at 11:30 
p.m. local time December 20, 2004.

Angling category

    The Angling category fishery was closed on November 19, 2004 (69 FR 
68094, November 23, 2004) and is reopened to provide recreational 
fishing opportunities to both Angling and Charter/Headboat category 
fishery participants. Given the 2004 proposed specifications and the 
above transfer, an approximate quota of 288 mt is available for the 
2004 fishing year. Preliminary 2004 recreational landings estimates to 
date are not yet available. Winter recreational BFT landings are very 
limited (less than 30 mt) due to the low numbers of participants and 
limited availability of recreational sized BFT through the winter to 
spring time frame.
    This transfer is intended to ensure sufficient quota remains 
available for the Angling category for the 2004 fishing year. In 
addition, under the western BFT rebuilding plan, ICCAT recommended 
limiting the catch of recreationally caught school BFT, measuring 27 to 
less than 47 inches (69 to less than 119 cm) CFL, to no more than 8-
percent by weight of the total domestic landings quota over each 4-
consecutive-year period. NMFS implements 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). This 
ICCAT recommendation allows NMFS the flexibility to enhance fishing 
opportunities and to collect information on a broad range of BFT size 
classes and to make interannual adjustments for overharvests and 
underharvests, provided that the 8-percent landings limit is met over 
the applicable 4-consecutive-year period.
    After the transfers mentioned above and the resultant available 
quota, the expected Angling category catch rates during the winter 
months, availability of BFT on the fishing grounds, NMFS has determined 
to reopen the Angling category BFT fishery. Based on school size class 
BFT landing estimates from the 2002 and 2003 fishing years and the most 
recently available 2004 Angling category landings estimates, NMFS has 
determined to limit the recreational BFT retention of school BFT for 
the remainder of the 2004 fishing year to ensure the 8-percent school 
landings limit is not exceeded.
    Therefore, the Angling category BFT fishery is reopened at 12:30 
a.m. December 8, 2004, and continue through May 31, 2005. The Angling 
category daily retention limit will be one large school or small medium 
BFT, measuring 47 to less than 73 inches (119 to less than 185 cm) CFL 
and per vessel/day/trip. In addition, one large medium or giant BFT per 
vessel per year is available under the trophy fishery program (no 
sale), for all vessels fishing under the Angling category quota (i.e., 
permitted HMS Angling and Charter/Headboat vessels).

Monitoring and Reporting

    NMFS selected the duration of the openings and the daily retention 
limits based on a review of 2004 proposed quotas, transfers, dealer 
reports, daily landing trends, the availability of BFT on the fishing 
grounds, and previous fishing years effort and landings rates from 
December through May. NMFS will continue to monitor both the General 
and Angling category BFT fisheries closely.
    The General category will be monitored via the commercial BFT 
landing reports submitted by authorized BFT dealers. Should the 
available quota projected to be reached, any interim closures will be 
published in the Federal Register. Once the General category BFT 
fishery has closed, NMFS will assess reported landings and available 
quota and determine if a reopening in January is warranted.
    The Angling category will be monitored through the Automated 
Landings Reporting System (ALRS) and the state harvest tagging programs 
in North Carolina and Maryland. Depending on the level of fishing 
effort and catch rates of BFT, NMFS may determine that an interim 
closure or an additional retention limit adjustment is necessary to 
enhance scientific data collection from, and fishing opportunities in, 
all geographic areas. Closures or subsequent adjustments to the Angling 
category fishery, if any, will be published in the Federal Register. 
All BFT landed under the Angling category quota must be reported within 
24 hours of landing to the NMFS ALRS via toll-free phone at (888) 872-
8862; or the Internet (http://www.nmfspermits.com); or, if landed in 
the state of North Carolina, to a reporting station prior to 
offloading. Information about North Carolina's harvest tagging program, 
including reporting station locations, can be obtained by calling (800) 
338-7804. Information about Maryland's harvest tagging program can be 
obtained from the Maryland Department of Natural Resources at (410) 
213-1531. In addition, BFT fishery participants may call the Atlantic 
Tunas Information Line at (888) 872-8862 or (978) 281-9305 for updates 
on quota monitoring and regulatory updates.

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. The 
General and Angling category fisheries have been closed since November 
23, 2004 (69 FR 68094) due to uncertainty in availability of quota and 
accurate landings estimates and concern over potential overharvest of 
anticipated quotas. Since that time NMFS has completed a Report 
analyzing recreational BFT landings estimates from 2002 and 2003, and 
the information was used to prepare the proposed initial 2004 BFT 
specifications, which show that quota is available for a limited 
fishery for the remainder of the current fishing year. Recent 
information shows BFT in both recreational and commercial size classes 
are now available off southern Atlantic states in nearshore areas and 
accessible to recreational and commercial anglers as well as Charter/
Headboat operations. Under ATCA and the HMS FMP, NMFS is obliged to 
provide fishing opportunities to catch the available quota. Through 
this action, NMFS is using its authority to transfer quota among 
categories, which is biologically neutral with respect to the ICCAT BFT 
rebuilding plan, is consistent with the HMS FMP to ensure specific 
categories do not overharvest allocated quota, and will provide 
equitable fishing opportunities to a wide geographic range of fishery 
participants. Restricting retention of school size BFT will ensure that 
the ICCAT recommended 8-percent

[[Page 71735]]

limit on school size over a 4-year consecutive period is not exceeded, 
and closing the General category fishery on December 20 will reduce the 
likelihood of overharvest of quota in this commercial fishery.
    Delaying this action would be contrary to the public interest as 
BFT are now available in nearshore waters and will soon migrate out of 
range of the commercial and recreational fleets. As both the Angling 
and General categories are currently closed, fishery participants are 
not currently able to access the BFT while the fish are available and 
accessible in nearshore areas off the south Atlantic states. It is in 
the public interest to act quickly to open the fisheries while the BFT 
are available so that the short window of fishing opportunity is not 
lost. 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 (e.g., 
reopens fisheries), there is 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: December 7, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-27193 Filed 12-7-04; 8:45 am]
BILLING CODE 3510-22-S