[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Rules and Regulations]
[Pages 67929-67930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22363]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 102505B]


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.

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

SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
General category daily retention limit on previously designated 
restricted fishing days (RFD) that was published on June 7, 2005, 
should be adjusted. Certain General category RFDs are being waived to 
allow for maximum utilization of the coastwide General category BFT 
quota. Therefore, NMFS waives the RFDs in November and increases the 
daily retention limit from zero to two large medium or giant BFT on the 
previously designated RFDs during the month of November 2005.

DATES: Effective dates for 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. The 2005 BFT fishing year began on June 1, 2005, and ends May 
31, 2006. The final initial 2005 BFT specifications and General 
category effort controls (June 7, 2005; 70 FR 33033) established the 
following RFD schedule for the 2005 fishing year: All Fridays, 
Saturdays, and Sundays from November 18, 2005, through January 31, 
2006, and Thursday, November 24, 2005, inclusive, provided quota 
remained available and the fishery was open. RFDs are intended to 
extend the General category BFT fishery late into the season and 
provide for a winter fishery in the southern Atlantic region.

        Table 1. Effective dates for retention limit adjustments
------------------------------------------------------------------------
                                                        BFT Size Class
   Permit Category       Effective Dates      Area          Limit
------------------------------------------------------------------------
Atlantic tunas        November 18-20,       All      Two BFT per vessel
 General and HMS       2005, and November             per day/trip,
 Charter/Headboat      24-27, 2005                    measuring 73
 (while fishing                                       inches (185 cm)
 commercially)                                        CFL or larger
------------------------------------------------------------------------

Adjustment of General Category Daily Retention Limits

    Under 50 CFR 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. On September 28, 
2005 (70 FR 56595), NMFS adjusted the commercial daily BFT retention 
limit, in all areas, for those vessels fishing under the General 
category quota, to two large medium or giant BFT, measuring 73 inches 
(185 cm) or greater curved fork length (CFL), per vessel per day/trip. 
This retention limit was supposed to be effective through January 31, 
2005, inclusive, provided quota remained available and the fishery 
remained open.
    Based on a review of dealer reports, daily landing trends, 
available quota, weather conditions, and the availability of BFT on the 
fishing grounds, NMFS has determined that waiving RFDs and increasing 
the General category daily BFT retention limit on those RFDs previously 
established for the month of November, is warranted. Therefore, NMFS 
adjusts the General category daily BFT retention limits for November 
18, 19, 20, 24, 25, 26, and 27, 2005, to two large medium or giant BFT 
per vessel. NMFS has selected these days in order to give adequate 
advance notice to fishery participants. While catch rates have 
continued to be low so far this season, NMFS recognizes that they may 
increase. In order to ensure equitable fishing opportunities in all 
areas and provide opportunities for a late winter General category BFT 
fishery, NMFS has not waived the RFDs scheduled in December and January 
at this time. If catch rates continue to be low, some or all of the 
remaining previously scheduled RFDs may be waived as well.
    The intent of this adjustment is to allow for maximum utilization 
of the U.S. landings quota of BFT while maintaining an equitable 
distribution of fishing opportunities to help achieve optimum yield in 
the General category BFT fishery, to collect a broad range of data for 
stock monitoring purposes, and to be consistent with the objectives of 
the HMS FMP.

Monitoring and Reporting

    NMFS selected the RFDs being waived after examining current fishing 
year catch and effort rates, previous fishing years catch and effort 
rates, and analyzing the available quota for the 2005 fishing year. 
NMFS will continue to monitor the BFT fishery closely through dealer 
landing reports. Depending on the level of fishing effort

[[Page 67930]]

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.
    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, or access the Internet at www.nmfspermits.com 
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.
    NMFS has recently become aware of increased availability of large 
medium and giant BFT on the fishing grounds. This increase in abundance 
provides the potential to increase General category landings rates if 
participants are authorized to harvest two large medium or giant BFT 
per day on previously designated RFDs. The regulations implementing the 
1999 Fishery Management Plan (FMP) for Atlantic Tunas, Swordfish, and 
Sharks provide for inseason retention limit adjustments 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. Based on a review of the availability of BFT on the 
fishing grounds, dealer reports, daily landing trends, available quota, 
and weather conditions, NMFS has determined that this retention limit 
adjustment is warranted. Adjustment of retention limits is also 
necessary in order to avoid excessive quota rollovers from one fishing 
year to the next.
    Delays in waiving the previously designated November RFDs, thereby 
increasing the General category daily retention limit, would be 
contrary to the public interest. Such delays would adversely affect 
those General category vessels that would otherwise have an opportunity 
to harvest BFT on a RFD and would further exacerbate the problem of low 
catch rates. Limited opportunities to access the General category quota 
may have negative social and economic impacts to U.S. fishermen that 
depend on catching the available quota. For the General category, 
waiving of the November RFDs needs to be done as expeditiously as 
possible for the General category participants to be able to use the 
waived RFDs to take advantage of the adjusted retention limits and plan 
accordingly.
    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., waives a number of RFDs, thus increasing the opportunity to 
retain 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: November 3, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-22363 Filed 11-8-05; 8:45 am]
BILLING CODE 3510-22-S