[Federal Register: July 19, 2002 (Volume 67, Number 139)]
[Rules and Regulations]               
[Page 47470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy02-13]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 071202D]

 
Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna

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

ACTION: Adjustment of General category daily retention limit.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
General category daily catch limit should be adjusted in order to allow 
for maximum utilization of the proposed 2002 General category June 
through August subquota. Therefore, NMFS increases the daily retention 
limit from one to two large medium (73 to less than 81 inches (185 to 
less than 206 cm)) or giant (81 inches or greater (206 cm or greater)) 
BFT for the remainder of the June through August time-period.

DATES: Effective July 18 through August 31, 2002.

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 Conservation and Management 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. BFT fishing category 
quotas and General category effort controls (including time-period 
subquotas and Restricted-Fishing Days (RFDs)) are specified annually 
under Secs. 635.23(a) and 635.27(a). The 2002 BFT quotas and General 
category effort controls were proposed June 25, 2002 (67 FR 43266, June 
27, 2002).

Adjustment of Daily Retention Limit

    Under Sec. 635.23 (a)(4), NMFS may increase or decrease the 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. Based on a review of dealer reports, 
daily landing trends, and the availability of BFT on the fishing 
grounds, NMFS has determined that an increase of the daily retention 
limit is appropriate and necessary to allow full use of the June 
through August subquota while ensuring an August fishery. Therefore, 
NMFS adjusts the daily retention limit for the remainder of the June 
through August subquota time-period to two large medium or giant BFT 
per vessel. This adjustment does not affect the proposed RFDs for 
August (August 10, 11, and 12), on which the daily retention in the 
General category would be zero, and on which General category vessels 
would not be allowed to fish for BFT.
    The intent of this adjustment is to allow for maximum utilization 
of the June through August subquota (specified under Sec. 635.27(a)) by 
General category participants in order 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 Fishery Management Plan for Atlantic tunas, swordfish, and sharks.
    While catch rates have been low so far this season, NMFS recognizes 
that they may increase. In addition, due to the temporal and 
geographical nature of the fishery, certain gear types and areas are 
more productive at various times during the fishery. In order to ensure 
that the June through August subquota is not filled prematurely and to 
ensure equitable fishing opportunities in all areas and for all gear 
types, NMFS has not waived the proposed RFDs in August, which 
correspond to market closures in Japan, and could promote better ex-
vessel prices.

Classification

    This action is taken under Sec. 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: July 15, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-18190 Filed 7-15-02; 4:10 pm]
BILLING CODE 3510-22-S