[Federal Register Volume 60, Number 192 (Wednesday, October 4, 1995)]
[Rules and Regulations]
[Pages 51932-51933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24701]
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DEPARTMENT OF COMMERCE
50 CFR Part 285
[I.D. 092895D]
Atlantic Tuna Fisheries; Bluefin Tuna Quota Reallocation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Quota reallocation and opening of the General category fishery
in the New York Bight area.
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SUMMARY: NMFS announces a transfer of 10 metric tons (mt) of Atlantic
Bluefin Tuna (ABT) from the longline-south Incidental subcategory to
the General category and establishes a geographic set-aside for the New
York Bight area. NMFS has determined that the fisheries landing ABT
under the longline-south Incidental subcategory will not achieve the
full 1995 allocation. NMFS has also determined that variations in the
seasonal distribution and migration patterns of ABT have prevented
fishery participants in the New York Bight area from harvesting a share
of the General category quota. This action is being taken to extend the
season for the General category, provide for fishing opportunities in
the New York Bight area, and ensure additional collection of biological
assessment and monitoring data.
EFFECTIVE DATES: The longline inseason transfer is effective September
29, 1995. The General category fishery is opened in the New York Bight
area effective
[[Page 51933]]
12:01 a.m. local time on October 1, 1995.
FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, or Kevin B.
Foster, 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 (ICCAT) among the various domestic fishing categories.
Implementing regulations for the Atlantic tuna fisheries in 1995
provided for an initial annual quota of 438 mt of large medium and
giant Atlantic bluefin tuna to be harvested from the regulatory area by
vessels permitted in the General category. NMFS previously determined
that this quota had been reached and issued a closure notice (60 FR
48052, September 18, 1995).
Regulations effective in 1995 also provided for apportionment of
the annual quota for the General category into period subquotas (60 FR
38505, July 27, 1995). These regulations require that overharvest in
any period be subtracted from the subsequent period. Information
submitted by tuna dealers indicates that over 550 mt had been harvested
by vessels permitted in the General category prior to the closure. For
this reason, no quota remains for the October period subquota
previously set at 44 mt.
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 vessel
categories or, as appropriate, subcategories if, during a single year
quota period or the second year of a biannual quota period as defined
by ICCAT, the AA determines, based on landing statistics, present year
catch rates, effort, and other available information, that any
category, or as appropriate, subcategory, 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.
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 45
mt currently remains of the amount allocated to this southern
subcategory. Reallocating quota from the Incidental longline-south
subcategory would allow for a 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 occur 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.
Landings information submitted to date indicates that the General
and Harpoon categories have taken a combined 605 mt, requiring that 120
mt from the Reserve category be used to cover overharvest. While this
leaves 25 mt available in the Reserve, NMFS estimates that the Angling
category has exceeded its quota, thus requiring additional transfers
from the Reserve. Given the level of General category harvest taken to
date, and the lack of available reserve, NMFS has determined that 10 mt
is an appropriate amount to transfer from the Incidental category.
Regulations at 50 CFR 285.22(a)(3) specify that if variations in
seasonal distribution, abundance, or migration patterns of ABT, and the
catch rate, prevent fishermen in an identified area from harvesting
their share of the quota, the AA may set aside an allocation of up to
20 mt of the October quota for such area. A New York Bight set-aside
has been established over the past 3 years at various quota levels.
Data for 1995 indicate that only nine fish were landed in the General
category fishery at New York ports and no fish were landed in New
Jersey. Landing cards indicate that bluefin tuna were generally
available to fishermen in all other traditional areas. As a result of
the catch distribution documented to date for the 1995 fishing year,
NMFS has determined that a New York Bight set-aside is the appropriate
use of the 10 mt available for the October General category fishery.
For the reasons set forth above, NMFS exercises its regulatory
authority to transfer 10 mt of ABT from the Incidental longline-south
subcategory to the General Category and establishes a geographic
allocation for the New York Bight area. The General category fishery
for large medium and giant ABT is therefore reopened as of 12:01 a.m.
on October 1, 1995, for the set-aside comprised of the waters in the
area south and west of a straight line originating at a point on the
southern shore of Long Island at 72 deg.27' W. longitude (near
Shinnecock inlet) and running SSE 150 deg. true. Persons aboard vessels
permitted in the General category may fish, retain, and land in the
set-aside area specified above, until the set-aside quota for that area
has been harvested. NMFS will publish the date of the closure in the
Federal Register.
Classification
This action is taken under 50 CFR 285.22 and is exempt from review
under E.O. 12866.
Authority: 16 U.S.C. 971 et seq.
Dated: September 29, 1995.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 95-24701 Filed 9-29-95; 4:08 pm]
BILLING CODE 3510-22-F
