[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Rules and Regulations]
[Pages 72724-72725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23734]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 112305D]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; quota transfer.

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SUMMARY: NMFS has determined that an Atlantic bluefin tuna (BFT) quota 
transfer from the Atlantic tunas General category to the Reserve 
category in the amount of 200 metric tons (mt), is warranted. This 
action is being taken to account for any potential overharvests that 
may occur in the Angling category during the 2005 fishing year (June 1, 
2005 through May 31, 2006) and 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 the 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 transfer is December 2, 2005 
through May 31, 2006.

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 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. The categories, 
together with the General category effort controls, are specified 
annually through procedures provided at Sec.  635.23(a) and Sec.  
635.27(a). 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 were published on June 7, 2005 (70 FR 33033).

Quota Transfer

    To date, preliminary fishing reports from the 2005 recreational BFT 
fishery indicate a season of strong effort and participation which 
could potentially equate to high landings. This is in contrast with the 
low landing rates across the commercial BFT categories. The Angling 
category quota allocation of 288.6 mt for the 2005 season addressed 
several issues including Angling category quota overages during the 
last several years, consistency with baseline quota percentages 
established in the HMS FMP, and the Agency's intent to

[[Page 72725]]

provide a limited recreational season during the 2005 fishing year. 
However, final 2005 recreational BFT landings estimates will not be 
available until mid to late January. Based on the lack of final 
recreational BFT catch estimates and the Angling category overharvests 
experienced over the last couple of years, NMFS has determined that a 
risk adverse strategy to transfer 200 mt from the General category 
quota to the Reserve category is warranted as a precautionary measure 
to address any potential overharvests in the Angling category. The 
Reserve category was established for the purpose of compensating for 
any overharvest in any category and would be used to take subsequent 
actions in the year following an overharvest and as necessary to meet 
ICCAT obligations.
    This transfer is conducted in accordance with the implementing 
regulations at Sec.  635.27(a)(8), which state that NMFS has the 
authority to transfer quotas among categories, or, as appropriate, 
subcategories, of the fishery, after considering several factors.

End of General Category Season

    The amount of this transfer will still provide ample quota, 
approximately 545 mt, for the remainder of the General category BFT 
fishery, while ensuring there is sufficient quota in the Reserve 
category to address any potential Angling category overharvests that 
may occur during the 2005 fishing year. As of November 28, 2005, 
approximately 163.5 mt has been landed against the General category 
quota of 908.3 mt and catch rates to date have been extremely slow. 
NMFS is concerned over the unusually large magnitude of General 
category quota remaining at the end of the 2005 fishing year. NMFS is 
aware of the need to provide adequate fishing opportunities and to 
continue its support of traditional fishing practices and patterns. 
Thus, NMFS needs to be especially prudent and careful as the fishery 
enters the last months of the season with an unprecedented large amount 
of quota, and will be carefully monitoring landings to assess the 
status of, and any impacts to, the fishery.

Monitoring and Reporting

    NMFS will continue to closely monitor the General category BFT 
fishery through daily dealer BFT landing reports and communication with 
industry and affected parties. Depending on the level of fishing effort 
and catch rates of BFT, NMFS may determine that additional management 
actions are necessary to ensure that the objectives of the HMS FMP and 
appropriate mandates are met. Closures, subsequent adjustments to the 
daily retention limits, and/or additional inseason quota transfers, if 
any, will be published in the Federal Register. In addition, 
individuals may access the Internet at www.nmfspermits.com or call the 
Atlantic Tunas Information Line at (888) 872-8862 or (978) 281-9260, 
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 school, 
small medium, large medium, and giant BFT on the South Atlantic fishing 
grounds. This increase in abundance provides the potential to increase 
Angling and General category landings rates. As noted above, the 
regulations implementing the HMS FMP provide for inseason quota 
transfers, taking into consideration several factors including the 
probability of exceeding the total BFT quota.
    NMFS needs to act promptly while quota is still available in the 
General category in order to take precautionary steps regarding 
potential Angling category overharvests. In addition, it is necessary 
to promptly inform General category participants of the amount of quota 
available for the remainder of the General category BFT season to allow 
for industry to adequately plan and prepare. This action would allow 
the General and Angling category fisheries to remain open while 
remaining consistent with recommendations of ICCAT, pursuant to ATCA, 
and meeting the domestic management objectives under the Magnuson-
Stevens Act and the HMS FMP.
    Delays in performing this inseason quota transfer from the General 
category to the Reserve category would be contrary to the public 
interest. Such delays would adversely affect those Angling and General 
participants, as well as their support industries, attempting to make 
plans for the remainder of the BFT fishery and may jeopardize the 
availability of quota to account for potential overharvests if landings 
rates increase dramatically.
    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 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 635.27(a)(8) and is exempt 
from review under Executive Order 12866.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: December 1, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-23734 Filed 12-2-05; 2:27 pm]
BILLING CODE 3510-22-S