[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53677-53679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26261]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[I.D. 100296D]
Atlantic Tuna Fisheries; Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishery reopenings; inseason transfer.
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SUMMARY: NMFS has determined that the Atlantic bluefin tuna Angling
category quota, as adjusted, has not been reached. Therefore, NMFS
reopens the Angling category for school ABT for the northern area. The
daily catch limit for the Angling category reopening is set at one
school ABT per vessel. Additionally, NMFS adjusts the October subquota
for the General category by transferring 30 metric tons (mt) from the
Incidental Longline category, and reopens the General category fishery
for all areas for one day. These actions are being taken to extend
scientific data collection on certain size classes of ABT while
preventing overharvest of the adjusted subquotas for the affected
fishing categories. Closures will be strictly enforced.
[[Page 53678]]
EFFECTIVE DATES: The Angling category fishery for school ABT will open
for the northern area beginning Saturday, October 12, at 1 a.m. local
time and close on Monday, October 14, at 11:30 p.m. local time. The
catch limit adjustment is effective for the duration of the reopening.
The General category fishery for large medium and giant ABT will open
for all areas beginning Friday, October 11, at 1 a.m. local time and
close on Friday, October 11, at 11:30 p.m. local time.
FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, or Mark
Murray-Brown, 508-281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) governing
the harvest of ABT by persons and vessels subject to U.S. jurisdiction
are found at 50 CFR part 285. Section 285.22 subdivides the U.S. quota
recommended by the International Commission for the Conservation of
Atlantic Tunas among the various domestic fishing categories.
NMFS is required, under Sec. 285.20(b)(1), to monitor the catch and
landing statistics and, on the basis of these statistics, to project a
date when the catch of ABT will equal the quota and publish a Federal
Register announcement to close the applicable fishery.
NMFS is authorized, under Sec. 285.22(f), to make adjustments to
quotas involving transfers between vessel categories if, during a
single year quota period, it is determined, based on landing
statistics, present year catch rates, effort, and other available
information, that any category, is not likely to take its entire quota
as previously allocated for that year.
Given that determination, the AA may transfer inseason any portion
of the quota of any fishing category to any other fishing category or
to the reserve after considering the following factors: (1) The
usefulness of information obtained from catches of the particular
category of the fishery for biological sampling and monitoring the
status of the stock, (2) the catches of the particular gear segment to
date and the likelihood of closure of that segment of the fishery if no
allocation is made, (3) the projected ability of the particular gear
segment to harvest the additional amount of Atlantic bluefin tuna
before the anticipated end of the fishing season, and (4) the estimated
amounts by which quotas established for other gear segments of the
fishery might be exceeded.
Angling Category Reopening
Implementing regulations for the Atlantic tuna fisheries at
Sec. 285.22 provide for a quota of 138 mt of school ABT and 100 mt of
large school/small medium ABT to be harvested from the regulatory area
by vessels fishing under the Angling category quota during calendar
year 1996. The school ABT quota is further subdivided into 65 mt for
states Delaware and south and 73 mt for states New Jersey and north.
Based on catch estimates obtained through angler interviews, NMFS
closed the southern school ABT fishery on July 25, 1996 (61 FR 38656,
July 25, 1996) and the coastwide large school/small medium fishery on
July 31, 1996 (61 FR 40352, August 2, 1996). Although catch estimates
did not indicate that the quota was reached, NMFS closed the school ABT
Angling category fishery for the northern area effective August 17,
1996 (61 FR 43027, August 20, 1996) due to the estimated landings
exceeding the quotas for the school ABT southern area subquota and the
coastwide large school/small medium ABT quota.
In accordance with the regulations, NMFS transferred 10 mt from the
Inseason Reserve and reopened the school ABT Angling category fishery
for the northern area effective September 13, 1996 (61 FR 48640,
September 15, 1996), and for a second time September 28, 1996 (61 FR
50765, September 27, 1996). Now, NMFS has determined that, due to lower
than expected fishing effort attributable to poor weather conditions,
the full 10 mt still has not been taken. NMFS therefore reopens the
school ABT Angling category fishery so that management and data
collection objectives specified in the prior notice may be attained.
Catch Limit Adjustment
Implementing regulations for the Atlantic tuna fisheries at
Sec. 285.24 provide for a daily catch limit of school or large school
ABT of one fish per angler. However, the AA has the authority to make
adjustments to catch limits to effect maximum utilization of the
available quota and a fair distribution of fishing opportunities. For
this reason, the catch limit is adjusted to one school ABT per vessel
per day for the duration of this reopening.
This action is being taken to extend the season for the Angling
category, provide for fishing opportunities in the northern fishing
area, and ensure additional collection of biological assessment and
monitoring data without exceeding the adjusted quota.
General Category Quota Adjustment and Reopening
Implementing regulations for the Atlantic tuna fisheries at
Sec. 285.22 provide for a quota of 541 mt of large medium and giant ABT
to be harvested from the regulatory area by vessels fishing under the
General category quota during calendar year 1996. The General category
ABT quota is further subdivided into monthly quotas to provide for
broad temporal and geographic distribution of scientific data
collection and fishing opportunities.
NMFS previously adjusted the General category October subquota to
60 mt for all areas, and announced a closure date of October 2, 1996
(61 FR 50765, September 27, 1996). No quota remains for the October
period.
Under the implementing regulations at 50 CFR 285.22(f), the
Assistant Administrator for Fisheries, NOAA (AA), has the authority to
make adjustments to quotas involving transfers between categories after
considering certain criteria.
The bluefin tuna have migrated to their summer feeding grounds in
New England waters and incidental catch by longline vessels operating
south of 34 deg. N. lat. is no longer expected to occur. A total of 39
mt currently remains of the amount allocated to the Incidental longline
category. Reallocating quota from the Incidental longline category
would allow for the reopening of the General category fishery in
October.
Such transfer responds to the four criteria listed above as
follows: (1) General category landings are a major contributor to the
collection of biological data on this fishery, (2) catch in the General
category to date has precluded the October fishery as planned and this
fishery cannot continue if no allocation is made, (3) the General
category is projected to harvest the additional amount of Atlantic
bluefin tuna before the anticipated end of the fishing season, and (4)
the impact on other gear segments is minimal since sufficient quota
remains for the Incidental category, the purse seine fishery is managed
under individual quotas and other gear segments of the fishery have
previously been closed.
For the reasons set forth above, NMFS exercises its regulatory
authority to transfer 30 mt of ABT from the Incidental Longline
category quota to the General category. Thus, the October General
category quota is adjusted to 90 mt, with an additional 10 mt reserved
for the New York Bight, and the General category fishery is reopened
for one day. The New York Bight set-aside is not affected by this
action. However, during
[[Page 53679]]
the one day opening, on October 11, 1996, large medium and giant ABT
harvested and landed in the New York Bight area will be counted against
the New York Bight set-aside quota.
Classification
This action is taken under 50 CFR 285.20(b), 50 CFR 285.22, and 50
CFR 285.24 and is exempt from review under E.O. 12866.
Authority: 16 U.S.C. 971 et seq.
Dated: October 8, 1996.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 96-26261 Filed 10-9-96; 9:48 am]
BILLING CODE 3510-22-P
