[Federal Register: June 17, 2003 (Volume 68, Number 116)]
[Rules and Regulations]
[Page 35822-35824]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn03-8]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 061103B]
Atlantic Highly Migratory Species; Bluefin Tuna Catch Limit
Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Adjustment of Angling and General Category Retention Limits
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SUMMARY: NMFS adjusts the daily retention limit for the Angling and
General category fisheries for Atlantic bluefin tuna (BFT) for the 2003
fishing year that began June 1, 2003, and ends May 31, 2004. Vessels
permitted in the Atlantic Highly Migratory Species (HMS) Angling and
the Atlantic HMS Charter/Headboat categories are eligible to land BFT
under the BFT Angling category quotas. Vessels permitted in the
Atlantic tunas General category and Atlantic HMS Charter/Headboat
categories are eligible to land BFT under the BFT General category
quotas. The seasonal adjustments to the daily retention limit for each
BFT size class are specified in the DATES and SUPPLEMENTARY INFORMATION
sections of this document. This action is being taken to provide
increased fishing opportunities in all areas without risking
overharvest in each category.
DATES: Effective June 15 through October 31, 2003, the daily
recreational retention limit for vessels fishing under the Angling
category quota in all areas is one BFT per person, measuring 27 to less
than 73 inches (69 to less than 185 cm) curved fork length, with a
maximum limit of six BFT per vessel. Effective August 15 through
October 31, 2003, the daily recreational retention limit for headboats
in all areas is one BFT per passenger (not including Captain and crew),
measuring 27 to less than 73 inches (69 to less than 185 cm) curved
fork length, with a maximum of 35 BFT per vessel. This limit applies to
all headboats defined as a vessel that possess an Atlantic HMS Charter/
Headboat permit and that are inspected and licenced by the Coast Guard
to carry more than six passengers. Effective November 1, 2003 through
May 31, 2004, the daily recreational retention limit is one large
school, or small medium BFT, measuring 47 to less than 73 inches (119
to less than 185 cm) curved fork length, per vessel for all
[[Page 35823]]
vessels fishing under the Angling category quota in all areas.
Effective June 15, 2003 through August 31, 2003, the General
category daily retention limit in all areas will be adjusted to two
large medium or giant BFT, measuring 73 inches (185 cm) or larger, for
all vessels fishing under the General category quota.
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. Section 635.27
subdivides the U.S. BFT quota recommended by the International
Commission for the Conservation fo Atlantic Tunas (ICCAT) among various
domestic fishing categories, and General category effort controls
(including time-period subquotas and restricted fishing days (RFDs))
are specified annually under 50 CFR 635.23(a) and 635.27(a).
Implementing regulations for the Atlantic tuna fisheries at Sec.
635.23 set the daily retention limits for BFT and allow for adjustments
to the daily retention limits in order to provide for maximum
utilization of the quota 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 the
per boat limit to a per angler limit. Size class categories of BFT are
defined as follows: school size BFT measure 27 to less than 47 inches
(69 to less than 119 cm) curved fork length (CFL); large school BFT
measure 47 to less than 59 inches (119 to less than 150 cm) CFL; small
medium BFT measure 59 to less than 73 inches (150 to less than 185 cm)
CFL; large medium BFT measure 73 to less than 81 inches (185 to less
than 206 cm) CFL; and giant BFT measure 81 inches or greater (206 cm or
greater) CFL.
Angling Category Retention Limit
A recommendation of ICCAT requires that NMFS limit 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. NMFS is
implementing this ICCAT recommendation through annual and inseason
adjustments to the school BFT retention limits, as necessary, and
through the establishment of a school BFT reserve (64 FR 29090, May 28,
1999; 64 FR 29806, June 3, 1999).
The ICCAT recommendation allows for interannual adjustments for
overharvests and underharvests, provided that the eight percent
landings limit is not exceeded over the applicable 4-consecutive-year
period. The 2003 fishing year is the first year in the current
accounting period. This multi-year block quota approach provides NMFS
with the flexibility to enhance fishing opportunities and to collect
information on a broad range of BFT size classes.
Regulations at 50 CFR 635.23(b) restrict vessels fishing under the
BFT Angling category quota to one BFT per vessel per day, which may be
from the school, large school, or small medium category and, in
addition, one large medium or giant BFT per vessel per year. This
retention limit is subject to adjustment to provide for maximum
utilization of the quota and enhanced fishing opportunities over the
range of the recreational fisheries.
In 2002, NMFS increased the Angling category daily retention limit
to four school, large school, or small medium BFT from June 15 through
October 31, which is when recreational-sized BFT are on the fishing
grounds, and then reduced it to one large school, or small medium BFT
for November 1, 2002 through May 31, 2003 (67 FR 39869, June 11, 2002).
The 2002 fishing year ended on May 31, 2003, and there is quota carry-
over in the Angling category. Because of the large amount of quota
available this year in the Angling category (over 499.2 metric tons
(mt), 231 of which is carry-over from 2002) NMFS has determined that it
is appropriate to adjust the recreational retention limit.
Since June 1, 2003, the retention limit of one school, large school
or small medium as specified at 50 CFR 635.23(b) has been in effect.
Effective June 15 through October 31, 2003, NMFS adjusts the daily
retention limit for all areas to one BFT per person with a maximum of
six BFT per vessel, in any combination of the school, large school, or
small medium size classes. This limit applies to all vessels permitted
in the Atlantic HMS Angling category and to vessels permitted in the
Atlantic HMS Charter/Headboat category.
Headboat Retention Limit
Over the last several years NMFS has also received comments that a
recreational retention limit of three or four BFT per vessel per day
does not provide reasonable fishing opportunities for headboats, which
may carry up to 40 passengers on a tuna fishing trip. Headboats are
defined as vessels that posses an Atlantic HMS Charter/Headboat
category permit and that are inspected and licenced by the Coast Guard
to carry more than six passengers. Headboat operators have requested a
modified retention limit for their vessels that recognizes the high
numbers of passengers they carry. On December 18, 2002, NMFS published
a final rule that clarified the procedures to set differential BFT
retention limits to provide equitable fishing opportunities for all
types of fishing vessels (67 FR 77434). As noted above, the 2002 season
closed on May 31, 2003, and there is quota carry-over from 2002.
Because of the large amount of quota available this year in the Angling
category (over 499.2 metric tons (mt), 231 mt of which is carry-over
from 2002), NMFS has determined that it is appropriate to implement an
alternative retention limit for headboats.
Effective August 15, 2003, which is when headboats normally target
BFT, the daily recreational retention limit for headboats in all areas
will be one BFT per passenger (not including Captain and crew),
measuring 27 to less than 73 inches curved fork length, with a maximum
of 35 BFT per vessel. This limit applies to all headboats defined as
vessels that possess an Atlantic HMS Charter/Headboat permit and that
are inspected and licenced by the Coast Guard to carry more than six
passengers.
Monitoring and Reporting
From November 1, 2003, through May 31, 2004, the daily retention
limit for all vessels fishing under the Angling category quota is one
large school or small medium BFT per vessel. Regardless of the length
of the trip, no more than a single day's allowable catch may be
possessed or retained.
NMFS selected the daily retention limits and the duration of the
daily retention limit adjustments after examining past catch and effort
rates and the available quota for the 2003 fishing year. NMFS will
continue to monitor the Angling category fishery closely through the
Automated Landings Reporting System, the 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 an interim closure or an 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.
[[Page 35824]]
Closures or subsequent adjustments to the daily retention limit, if
any, will be published in the Federal Register. In addition, anglers
may call the Atlantic Tunas Information Line at (888) 872-8862 or (978)
281-9305 for updates on quota monitoring and retention limit
adjustments. Anglers aboard Atlantic HMS 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
Landings Reporting System via toll-free phone at (888)872-8862; or the
Internet (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.
In addition, anglers aboard permitted vessels may continue to tag
and release BFT of all sizes under a tag-and-release program, provided
the angler tags all BFT so caught, regardless of whether previously
tagged, with conventional tags issued or approved by NMFS, returns such
fish to the sea immediately after tagging with a minimum of injury, and
reports the tagging, and, if the BFT was previously tagged, the
information on the previous tag (50 CFR 635.26).
General Category Retention Limits
Based on current and historical General category landings rates in
the June through August time-period, it is highly unlikely that the
June through August subquota will be filled in the remaining fishing
days, which would result in unused quota being added to the September
subquota. During the 2001 and 2002 fishing years, 156 mt and 182 mt
were carried over from the June through August to the September time-
period subquotas, respectively. 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 restricted fishing days) to a
maximum of three per vessel to allow for maximum utilization of the BFT
quota. Based on a review of dealer reports, current and historical
daily landing trends, and the availability of BFT on the fishing
grounds, NMFS has determined that an increase of the daily retention
limit in the General category is necessary in order to provide an
opportunity to harvest the June through August subquota in its
designated time period. Therefore, effective June 15 through August 31,
2003, the first quota subperiod, NMFS adjusts the daily retention limit
to two large medium or giant BFT per vessel.
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
(HMS FMP).
Classification
This action is taken under 50 CFR 635.23 (a)(4) and (b)(3). This
action is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: June 12, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-15287 Filed 6-12-03; 3:52 pm]
BILLING CODE 3510-22-S