[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Pages 33039-33042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11207]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 052405D]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; inseason retention limit adjustment.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
General and Charter/Headboat Permit category daily retention limits 
should be adjusted for the 2005 fishing year, which begins on June 1, 
2005 and ends May 31, 2006. The adjustment will allow maximum 
utilization of the General category June through August time-period 
subquota, and will enhance recreational BFT fishing opportunities 
aboard Charter/Headboat vessels in the early portion of the season. 
Therefore, NMFS increases the daily BFT retention limits to provide 
enhanced commercial General category

[[Page 33040]]

and recreational Charter/Headboat fishing opportunities in all areas 
without risking overharvest of the General and Angling category quotas. 
The final initial 2005 BFT Specifications and General category effort 
controls are provided in a separate Federal Register document.

DATES: The effective dates for the BFT daily retention limits 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.

Daily Retention Limits

                        Table 1.--Effective Dates
------------------------------------------------------------------------
                                                          BFT size class
     Permit category        Effective dates     Areas         limit
------------------------------------------------------------------------
General..................  June 1 through    All.......  One BFT per
                            June 5, 2005,                 vessel per day/
                            inclusive.                    trip,
                                                          measuring 73
                                                          inches (185
                                                          cm) curved
                                                          fork length
                                                          (CFL) or
                                                          larger.
                           June 6 through    All.......  Two BFT per
                            August 31,                    vessel per day/
                            2005, inclusive.              trip,
                                                          measuring 73
                                                          inches (185
                                                          cm) curved
                                                          fork length
                                                          (CFL) or
                                                          larger.
                           September 1,      All.......  One BFT per
                            2005, through                 vessel per day/
                            January 31,                   trip,
                            2006, inclusive.              measuring 73
                                                          inches (185)
                                                          CFL or larger.
Charter/Headboat.........  June 1-16, 2005,  All.......  One BFT per
                            inclusive.                    vessel per day/
                                                          trip,
                                                          measuring 27
                                                          to less than
                                                          73 inches (69
                                                          to less than
                                                          185 cm) CFL.
                           June 17 through   All.......  Three BFT per
                            July 31, 2005,                vessel per day/
                            inclusive.                    trip,
                                                          measuring 27
                                                          to less than
                                                          73 inches (69
                                                          to less than
                                                          185 cm) CFL.
                                                          Of the three
                                                          BFT, a maximum
                                                          of two BFT are
                                                          allowed per
                                                          vessel per day/
                                                          trip measuring
                                                          27 to less
                                                          than 47 inches
                                                          (69 to less
                                                          that 119 cm)
                                                          CFL.
                           August 1, 2005,   All.......  One BFT per
                            through May 31,               vessel per day/
                            2006, inclusive.              trip,
                                                          measuring 27
                                                          to less than
                                                          73 inches (69
                                                          to less than
                                                          185 cm) CFL.
Angling..................  June 1, 2005,     All.......  One BFT per
                            through May 31,               vessel per day/
                            2006, inclusive.              trip,
                                                          measuring 27
                                                          to less than
                                                          73 inches (69
                                                          to less than
                                                          185 cm) CFL.
------------------------------------------------------------------------

Adjustment of General Category Daily Retention Limits

    Under 50 CFR 635.23(a)(4), NOAA Fisheries may increase or decrease 
the General category daily retention limit of large medium and giant 
BFT over a range from zero (on Restricted Fishing Days) to a maximum of 
three per vessel to allow for maximum utilization of the quota for BFT. 
Starting on June 1, 2005, the default commercial General category daily 
retention limit at 50 CFR 635.23(a)(2), will apply at one large medium 
or giant BFT (measuring 73 inches curved fork length (CFL)) or greater 
per vessel per day/trip. This retention limit applies to permitted HMS 
Charter/Headboat vessels (when commercially fishing under the General 
category) and General category permitted vessels.
    NOAA Fisheries has been continuing to receive information from 
fishermen regarding the start of the season and requests for an 
increase of the retention limit in the General category starting as 
close as possible to the start of the fishery on June 1 and for 
increased recreational Charterboat limits mid June to end of July. 
Fishermen have indicated that, if the action is not conducted 
expeditiously, at the opening of the season, then a subsector of 
General category fishermen (particularly in northern New England) will 
lose the opportunity to enjoy the increased fishing opportunities while 
the fish are briefly offshore in the Gulf of Maine and northern New 
England fishing areas.
    Therefore, NOAA Fisheries adjusts the General category daily 
retention limit June 6 through August 31, 2005, inclusive, to two large 
medium or giant BFT, measuring 73 inches (185 cm) CFL or greater, per 
vessel per day/trip. The default retention limit of one BFT greater 
than 73 inches will apply through June 5, 2005 inclusive, and the 
retention limit will revert back to the default on September 1, 2005. 
It is highly likely that with a combination of the default bag limit of 
one BFT starting on September 1, 2005, and the large amount of General 
category quota, that there will be sufficient quota for a full general 
category season extending into the winter months and for southern area 
fishermen on an order of magnitude of recent prior years.

Adjustment of HMS Charter/Headboat Permit Category Daily Retention 
Limits

    Starting on June 1, 2005, the default recreational daily retention 
limit at 50 CFR 635.23(b), will apply at one school, large school or 
small medium BFT (measuring 27 inches to less than 73 inches curved 
fork length (CFL)) per vessel per day/trip. This retention limit 
applies to permitted HMS Charter/Headboat vessels (when recreationally 
fishing under the Angling category) and to HMS Angling permitted 
vessels. These regulations also allow for adjustment to the daily 
retention limit to provide for maximum utilization of the quota over 
the longest possible period of time. NOAA Fisheries 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.
    NOAA Fisheries has recently received more information from charter 
operators and recreational industry leaders related to recreational BFT 
fishing opportunities in the mid-Atlantic area. Among other matters, 
NOAA Fisheries has learned about a tuna tournament starting on June 17, 
2005, and concerns regarding how the default one BFT retention limit 
might negatively impact charterboat operations early in the season 
particularly in tournaments where higher limits will attract more 
participants. Charterboat operators have requested an increased 
retention limit, and expressed concern that a recreational retention 
limit of less than three or four BFT per vessel per day/trip

[[Page 33041]]

does not provide reasonable fishing opportunities for charter/
headboats, which carry multiple fee-paying passengers. Fishermen have 
also emphasized that an early season retention limit adjustment should 
be announced as soon as possible so that Charterboat operators have 
sufficient time to announce and plan the scheduling of trips. Another 
consideration is the need to ensure the United States meets ICCAT's 
recommendation regarding quota allocation and specifically regarding 
the catch of school BFT to no more than eight percent by weight of the 
total domestic landings quota over each four-consecutive-year period. 
The 2005 fishing year is the third year in the current accounting 
period. This multi-year block quota approach provides NOAA Fisheries 
with the flexibility to enhance fishing opportunities and to collect 
information on a broad range of BFT size classes.
    Over the past several weeks HMS staff have received information 
related to retention limit adjustments for a variety of recreational 
fishing sectors along the entire Atlantic coast and for the duration of 
the 2005 fishing year. HMS staff have considered this information as 
well as issues raised at the HMS Advisory Panel meeting held in March 
2005 and received from public comment on the proposed initial 2005 BFT 
specifications (70 FR 14630, March 23, 2005). The final initial 
specifications are currently in preparation and take into account 
recently available estimates of total recreational landings from the 
2004 fishing year. These analyses show that a modest increase in the 
daily retention limit, of limited duration, is feasible without risking 
overharvest of available quota for the early part of the 2005 
recreational season.
    Thus, NOAA Fisheries adjusts the daily BFT retention limit, in all 
areas, for vessels permitted in the HMS Charter/Headboat category, 
effective June 17 through July 31, 2005, inclusive, to three BFT per 
vessel per day/trip, consisting of BFT measuring 27 to less than 73 
inches (69 to less than 185 cm) CFL in the school, large school, or 
small medium size classes. Of the three BFT, a maximum of two school 
BFT are allowed per vessel per day/trip, measuring 27 to less than 47 
inches (69 to less than 119 cm) CFL.
    Effective August 1, 2005, the default daily recreational retention 
limit at 50 CFR 635.23(b) will apply in all areas, for all vessels 
fishing under the recreational angling quota and regulations. However, 
NOAA Fisheries is also aware of the needs of a late summer or September 
Charterboat fishery and will consider the possibility of again 
providing a modest retention limit adjustment closer to that time frame 
based on several factors, including but not limited to, the landings 
and quota data as well as other fishery information gathered from the 
monitoring programs discussed below, experience of this early season 
retention limit adjustment, information from fishermen and the public 
regarding fishing opportunities, and the availability of migrating BFT.
    For privately owned and operated recreational vessels, permitted in 
the HMS Angling category, the daily recreational retention limit will 
remain at one 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 effective June 1, 2005 through May 31, 2006, inclusive.

Monitoring and Reporting

    NMFS selected the daily recreational retention limits and their 
duration after examining previous fishing year catch and effort rates, 
receiving public comment, and analyzing the available quota for the 
2005 fishing year. NMFS will continue to monitor the BFT fishery 
closely through dealer landing reports, 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 limits, 
if any, will be published in the Federal Register. In addition, 
fishermen may call the Atlantic Tunas Information Line at (888) 872-
8862 or (978) 281-9260 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 
http://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. NOAA 
Fisheries published proposed initial 2005 BFT specifications (70 FR 
14630) on March 23, 2005, and solicited public comment through 4/18/
2005. NOAA Fisheries specifically requested comment on options to 
achieve the ICCAT recommended four-year average 8 percent tolerance on 
harvest of school BFT. Numerous comments were received on this issue as 
well as a wide range of topics, including inseason management measures 
for the General and Angling categories throughout the 2005 fishing 
year. NOAA Fisheries is in the process of publishing the final initial 
specifications.
    Since the end of the comment period to the present day, the HMS 
Management Division has continued to receive more information refining 
its understanding of both the commercial and recreational sectors' 
specific needs regarding retention limits early in the season. HMS 
staff recent calculations from the specifications process show that 
there is sufficient quota for an increase in the General category 
retention limit from the start of the season. Prior experience from the 
past several years also leads us to predict that the General category 
season will start slowly and an adjustment of the retention limit will 
be necessary to maximize fishing opportunities on the June through 
August subquota and minimize excessive rollovers of quota into the 
October subquota category. The data also show that a limited increase 
in the angling retention limit is possible for the recreational 
Charterboat fleet while minimizing risks of exceeding the ICCAT 
allocated quota and the school limit recommendation.
    Delays in increasing the retention limits would adversely affect 
those General and Charter/Headboat category vessels that would 
otherwise have an opportunity to harvest more than one BFT per day and 
would further exacerbate the problem of quota rollovers, or lack of 
booked charters. Limited opportunities to access the respective quotas 
may have negative social and economic impacts to U.S. fishermen that 
either depend upon catching the available quota within the time periods 
designated in the HMS FMP, or depend on multiple BFT retention limits 
to attract individuals to book charters. For both the General and the 
recreational sectors, an adjustment to the retention limits needs to be 
done

[[Page 33042]]

as close to the start of the season on June 1 as possible for the 
impacted sectors to benefit from the adjustment and for fishermen who 
only have access to the fishery at the beginning of the season to not 
be precluded from early season fishing opportunities.
    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., current, default retention limit is one fish per vessel/trip but 
this action relaxes that limit and allows retention of more fish), 
there is also good cause under 5 U.S.C. 553(d) to waive the 30-day 
delay in effectiveness.
    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: June 1, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-11207 Filed 6-1-05; 5:02 pm]
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