[Federal Register: September 2, 1999 (Volume 64, Number 170)] [Rules and Regulations] [Page 48112-48113] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr02se99-20] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [I.D. 082399A] Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin Tuna AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Retention limit adjustment. ----------------------------------------------------------------------- SUMMARY: NMFS adjusts the daily retention limit for the Angling category fishery for Atlantic bluefin tuna (BFT) in all areas to two school BFT (measuring 27 to less than 47 inches (69 to less than 119 cm) curved fork length) and one large school or small medium BFT (measuring 47 to less than 73 inches (119 to less than 150 cm) curved fork length) per vessel. This daily retention limit adjustment is effective September 1 through October 6, 1999, after which it will be one large school or small medium BFT per vessel. This action is being taken to provide increased fishing and data collection opportunities in all areas without risking overharvest of this category. DATES: The daily retention limit adjustment is effective 1 a.m., local time, September 1, 1999, until 11:30 p.m., local time, October 6, 1999. FOR FURTHER INFORMATION CONTACT: Pat Scida or Sarah McLaughlin, 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. Implementing regulations for the Atlantic tuna fisheries at Sec. 635.23 allow for adjustments to the daily retention limits in order to provide for maximum utilization of the quota spread over the longest possible period of time. NMFS may increase or reduce the per angler retention limit for any size class BFT or may change the per angler limit to a per boat limit or a per boat limit to a per angler limit. NMFS is responsible for implementing a recommendation of the International Commission for the Conservation of Atlantic Tunas (ICCAT) to limit the catch of school BFT to no more than 8 percent by weight of the total domestic quota over each 4-consecutive-year period. NMFS is implementing this ICCAT recommendation through annual and inseason adjustments to the school BFT landings and school BFT reserve categories, as necessary, and through the establishment of a school BFT reserve (64 FR 29090, May 28, 1999; 64 FR 29806, June 3, 1999). The recent ICCAT recommendation allows NMFS more flexibility to make interannual adjustments for overharvests and underharvests, provided that the 8-percent landings limit is met over the applicable 4- consecutive-year period. This approach provides NMFS with the flexibility to enhance fishing opportunities and the collection of information on a broad range of BFT size classes and responds to requests [[Page 48113]] from the recreational fishing community for more advance notice of retention limit adjustments and greater certainty in planning for the fishing season. Since July 26, 1999, NMFS has maintained the daily retention limit at one large school or small medium BFT per vessel. In the announcement for the daily retention limit effective June 25 through July 25, 1999 (64 FR 31992, June 15, 1999), NMFS announced the intention to adjust the daily retention limit once again during late summer and early fall season when BFT have moved further north to the waters off Rhode Island, New York, and northern New Jersey, contingent upon the availability of BFT Angling category quota. NMFS has received comment from mid-Atlantic fishermen, earlier this year and since the June daily retention limit adjustment, that the implementation of an increased daily retention limit over a date-certain period is preferable to a longer season with a lower daily retention limit as it facilitates the scheduling of fishing trips, particularly charter trips. NMFS is encouraged by the positive feedback surrounding the June adjustment and, as information received from fishermen indicates that BFT are available in the northern area (New Jersey and north), has determined that a late-season daily retention limit adjustment is warranted to ensure reasonable fishing opportunities in all geographic areas without risking overharvest. Landings of the North Carolina winter fishery BFT are deducted from the bridge period in a BFT quota adjustment action published elsewhere in this Federal Register issue. Preliminary Large Pelagic Survey estimates of landings for June through August 15, 1999, indicate that approximately 3.2 metric tons (mt) of school BFT and approximately 39 mt of large school/small medium BFT have been landed; reported landings of large medium and giant BFT total approximately 3.1 mt. NMFS adjusts the BFT Angling category daily retention limit for all areas to two school BFT (measuring 27 to less than 47 inches (69 to less than 119 cm) curved fork length) and one large school or small medium BFT (measuring 47 to less than 73 inches (119 to less than 150 cm) curved fork length) per vessel. This daily retention limit adjustment is effective September 1 through October 6, 1999, after which it will be one large school or small medium BFT per vessel. The daily retention limit and the duration of daily retention limit adjustment have been selected based on an examination of past catch and effort rates. NMFS will continue to monitor the Angling category fishery closely through the Automated Catch Reporting System, the state harvest tagging programs in North Carolina and Maryland, and the Large Pelagic Survey. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that an interim closure or additional retention limit adjustment is necessary 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 limit, if any, shall be announced through publication in the Federal Register. In addition, anglers may call the Atlantic Tunas Information Line at 888- USA-TUNA (888-872-8862) or 978-281-9305 for updates on quota monitoring and retention limit adjustments. Anglers aboard Charter/Headboat category vessels, when engaged in recreational fishing for school, large school, and small medium BFT, are subject to the same rules as anglers aboard Angling category vessels. All BFT landed under the Angling category quota must be reported within 24 hours of landing to the NMFS Automated Catch Reporting System by calling 888-USA-TUNA (888- 872-8862) 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 This action is taken under 50 CFR 635.23(b)(3). This action is exempt from review under E.O. 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: August 27, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-22818 Filed 8-27-99; 5:03 pm] BILLING CODE 3510-22-F