[Federal Register: March 28, 2007 (Volume 72, Number 59)]
[Rules and Regulations]
[Page 14491-14493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr07-24]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 032107B]
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.
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SUMMARY: NMFS has determined that the daily Highly Migratory Species
(HMS) Angling category retention limits for Atlantic bluefin tuna (BFT)
should be adjusted to maximize the usefulness of the information
obtained from catches for biological sampling. Vessels permitted in the
HMS Angling and HMS Charter/Headboat categories are eligible to land
BFT under the HMS Angling category quota. Therefore, NMFS adjusts the
daily BFT retention limits for the HMS Angling category quota to allow
landing of school BFT in North Carolina during the three-week period
from March 24, 2007, through April 15, 2007, as specified in the
SUPPLEMENTARY INFORMATION section of this document. This action is
intended to provide scientific data that would enhance future
recreational fishing opportunities for the HMS Angling and HMS Charter/
Headboat categories, while minimizing the risk of an overharvest of the
HMS Angling category BFT quota.
DATES: Effective from 12:01 a.m., March 24, 2007, through 11:59 p.m.,
April 15, 2007.
FOR FURTHER INFORMATION CONTACT: Dianne Stephan, 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 2006 BFT fishing year began on June 1, 2006, and ends May 31,
2007. The final initial 2006 BFT specifications and effort controls
were published on May 30, 2006 (71 FR 30619). These final
specifications established retention limits for school BFT (measuring
27 inches (69 cm) to less than 47 inches (119 cm)) for the HMS Angling
and HMS Charter/Headboat categories in accordance with the following:
(1) International Commission for the Conservation of Atlantic Tunas
(ICCAT) recommendation limiting the U.S. catch of school BFT to no more
than 8 percent of total U.S. domestic landings calculated as a four-
year average; (2) the Consolidated HMS Fishery Management Plan (FMP)
(October 2, 2006, 71 FR 58058); and (3) the HMS FMP implementing
regulations at 50 CFR 635.27.
[[Page 14492]]
The 2006 fishing year is the fourth year in the four-year
accounting period established by the ICCAT recommendation that limits
harvest of U.S. school BFT. The amount of quota available for the
fourth year was limited to 49.2 metric tons (mt), and the final initial
2006 BFT specifications established a one school BFT retention limit
for the HMS Angling and HMS Charter/Headboat categories from July 1
through July 21, 2006, in the area South of 39[deg] 18' N, and from
August 25 through September 14, 2006, in the area North of 39[deg] 18'
N. (In addition, these permit categories were subject to a retention
limit of two BFT per vessel measuring 47 inches (119cm) to less than 73
inches (185 cm) CFL for the entire fishing year.) Preliminary draft
estimates show that all the available school quota for 2006 has not
been harvested, providing an opportunity for a limited re-opening for
research purposes.
At the Spring 2005 and 2006 HMS Advisory Panel (AP) meetings, AP
members discussed the BFT length to weight conversion ratios used in
the Large Pelagic Survey (LPS) and other NMFS analyses, and expressed
concern that the current ratios over-estimate recreational landings. In
June 2006, NMFS published ``Evaluation of Length-Weight Keys Used to
Convert Large Pelagics Survey Bluefin Tuna Landings Numbers to
Weights,'' which concluded that additional research was necessary to
determine the accuracy of the conversion factors in use. During the
2006 fishing year, NMFS expanded the LPS to collect additional data for
use in re-analyzing length to weight conversion factors for BFT.
In collaboration with NMFS, the North Carolina Division of Marine
Fisheries' (NCDMF) recreational BFT tagging program has been expanded
to continue to collect these length and weight data during Spring 2007.
Recreationally harvested school BFT landed and tagged at NCDMF weigh
stations will be measured and weighed as a part of the NMFS length to
weight conversion study. NMFS has recently been notified that school
BFT are now available off North Carolina. Thus, NMFS is taking this
action to allow retention of school BFT off North Carolina, and landing
of school BFT in North Carolina ports to collect data for the NMFS
length to weight conversion study.
Under Sec. 635.23(b)(3), NMFS may increase or decrease the HMS
Angling category daily retention limit based on the criteria provided
in Sec. 635.27 (a)(8). As discussed above, the determination to adjust
the retention limit is primarily based on the usefulness of information
obtained from catches in the HMS Angling and Charter/Headboat
categories for biological sampling and monitoring of the status of the
stock (Sec. 635.27 (a)(8)(i)) and the availability of school BFT on
the fishing grounds Sec. 635.27 (a)(8)(ix). In addition, this action
would be consistent with the objectives of the consolidated HMS FMP,
and the limited three-week duration is anticipated to provide
sufficient data for the research program without over-harvesting the
school BFT subquota.
Daily Retention Limits
Pursuant to this action and the final initial 2006 BFT
specifications, noted above, the daily BFT retention limits for HMS
Angling and HMS Charter/Headboat categories are as follows:
Table 1. Effective dates for retention limit adjustments
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Permit Category Effective Dates Areas BFT Size Class Limit
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HMS Angling and HMS Charter/Headboat June 1, 2006, through All Two BFT per vessel per
(while fishing recreationally) May 31, 2006, day/trip, measuring 47
inclusive. inches (119 cm) curved
fork length (CFL) to
less than 73 inches
CFL (185 cm).
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12:01 a.m., March 24, Off North Carolina One BFT per vessel per
2007, through 11:59 day/trip, measuring 27
p.m., April 15, 2007. inches (69 cm) CFL to
less than 47 inches
(119cm) CFL.
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Monitoring and Reporting
NMFS selected the daily retention limits and their duration after
examining current and previous fishing year catch and effort rates,
taking into consideration public comment on the annual specifications
and inseason management measures for the Angling category received
during the 2006 BFT quota specifications rulemaking process, and
analyzing the available quota for the 2006 fishing year. NMFS will
continue to monitor the BFT fishery closely through dealer landing
reports, the Automated Landings Reporting System, state harvest tagging
programs in North Carolina and Maryland, and the Large Pelagics Survey.
All school BFT must be landed in the state of North Carolina and
reported and tagged at a state reporting station. Depending on the
level of fishing effort, NMFS may determine that additional retention
limit adjustments are necessary prior to May 31, 2007.
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 http://www.hmspermits.gov,
for updates on quota monitoring and retention limit adjustments.
Classification
The Assistant Administrator for NMFS (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 for
the following reasons:
NMFS has recently become aware of increased availability of school
BFT in close proximity to the shores of North Carolina, as provided by
fishing reports and communication with NCDMF officials and recreational
fishermen. This increase in abundance provides the potential to
continue the NMFS length to weight conversion study, which is crucial
to management of BFT fisheries. In addition to providing for scientific
research, increasing the retention limit may also provide small
positive social and economic benefits to fishermen and recreational
fishing related businesses. The regulations implementing the HMS FMP
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.
Affording prior notice and opportunity for public comment to adjust
this retention limit is impracticable as it would preclude
[[Page 14493]]
NMFS from acting promptly to allow harvest of BFT that are available on
the fishing grounds. Analysis of available data shows that this
increase to the school BFT retention limit, over a short time span
(three weeks) and limited area, has minimal risk of exceeding the ICCAT
allocated school BFT limit, as implemented in the 2006 final initial
BFT specifications.
Delays in increasing the retention limit would be contrary to the
public interest. Limited opportunities are available to sample
recreationally harvested BFT for research purposes. Collaboration with
the NCDMF recreational BFT tagging program is expected to provide a
sufficient sample size upon which to base scientifically valid analyses
of length to weight conversion factors. Accurate conversion factors are
crucial for the estimation of recreational landings and other stock
assessment analyses. Incorrect conversion factors could overestimate
harvests, which would negatively impact U.S. fishermen both
economically and socially, or underestimate harvests, which could
negatively impact bluefin tuna stocks.
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 good cause under 5 U.S.C. 553(d) to waive
the 30-day delay in effectiveness. In addition, this action relieves a
restriction (i.e., this action allows retention of more fish).
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.
March 22, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-1485 Filed 3-22-07; 3:23 pm]
BILLING CODE 3510-22-S