[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Rules and Regulations]
[Pages 48111-48112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22817]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 080999K]
Atlantic Highly Migratory Species Fisheries; Bluefin Tuna Quota
Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason quota adjustments.
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SUMMARY: NMFS adjusts the 1999 Atlantic bluefin tuna (BFT) Angling and
Longline category quotas and the Reserve category to account for
underharvest and overharvest of these fishing category quotas during
January 1 through May 31, 1999. These actions are being taken to
prevent overharvest of the 1999 fishing category quotas for the
affected fishing categories, to ensure maximum utilization of the quota
while maintaining a fair distribution of fishing opportunities, and to
be consistent with the Fishery Management Plan (FMP) for Atlantic
Tunas, Sharks, and Swordfish.
DATES: Effective August 27, 1999, until May 31, 2000.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260.
SUPPLEMENTARY INFORMATION: Atlantic tunas are managed by the Secretary
of Commerce (Secretary) under the dual authority of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) and the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.).
The authority to issue regulations has been delegated from the
Secretary to the Assistant Administrator for Fisheries, NOAA. Within
NMFS, daily responsibility for management of Atlantic Highly Migratory
Species (HMS) fisheries rests with the Office of Sustainable Fisheries,
and is administered by the HMS Management Division.
On January 20, 1999, NMFS proposed regulations to implement the
draft Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks
(HMS FMP) and draft Amendment 1 to the Atlantic Billfish Fishery
Management Plan (64 FR 3154). As part of these regulations NMFS
proposed to change the way annual catch quotas are applied by changing
the fishing year for Atlantic tunas from the calender year to a
``fishing year,'' beginning June 1 of one year and continuing through
May 31 of the following year. The intent was to facilitate
implementation of catch quota recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT) that are
issued at its annual meeting in November. In past years, fishing
activity for certain BFT categories would commence on January 1, before
NMFS could issue a final rule to implement the ICCAT catch quota
recommendation.
After the proposed change to the fishing year was published,
specific quota allocations for the 1999 BFT fishery, to begin on June
1, 1999, were proposed in a supplement to the proposed rule (64 FR
9299, February 25, 1999). That supplemental proposal included a
separate quota to cover fishing activity that would occur in the
``bridge'' or transition period of January 1 to May 31, 1999.
Additionally, the supplemental rule proposed that any underharvest or
overharvest from the bridge period would be added to or subtracted from
the annual quota for the proposed new fishing year, to begin on June 1,
1999.
NMFS adopted the final HMS FMP, including the 1999 adjusted quotas
and the bridge period quota, in April 1999. The final rule implementing
the new fishing year was published on May 28, 1999 (64 FR 29090). Final
BFT quota specifications for the new fishing year starting June 1 were
published on June 3, 1999 (64 FR 29806) and quotas for the bridge
period (January 1 to May 31, 1999) were published on July 13, 1999 (64
FR 37700).
[[Page 48112]]
Quota Adjustments
Under the HMS FMP implementing regulations at 50 CFR 635.27(a)(9),
if NMFS determines, based on landings statistics and other available
information, that a BFT quota in any category or, as appropriate,
subcategory has been exceeded or has not been reached, NMFS shall
subtract the overharvest from, or add the underharvest to, that quota
category for the following fishing year, provided that the total of the
adjusted category quotas and the Reserve is consistent with a
recommendation of ICCAT regarding country quotas, the take of school
BFT, and the allowance for dead discards. Adjustments to the Angling
category, the Longline category, and the Reserve for the 1999 fishing
year (June 1, 1999, to May 31, 2000) are necessary to account for
underharvest and overharvest of these fishing category quotas during
the bridge period from January 1 - May 31, 1999.
Based on reported landings during the bridge period, adjustments
are necessary for the Angling, Longline, and Reserve categories.
Because no quota of school BFT was allocated to the Angling category
for the bridge period of January 1 through May 31, 1999, and an
estimated total of 0.17 mt of school BFT were landed during this time,
NMFS adjusts the 1999-2000 fishing year school BFT subquota for the
southern area from 38 mt to 37.83 mt. Because there were no landings of
large school or small medium BFT in the northern area during the bridge
period (for which the subquota was 16 mt), NMFS adjusts the 1999-2000
fishing year northern area large school/small medium subquota from 83
mt to 99 mt. Because only 8.62 mt of the 59 mt allocated for the
landing of large school or small medium BFT in the southern area during
the bridge period was used, NMFS adjusts the 1999-2000 fishing year
southern area large school/small medium subquota from 73 mt to 123.38
mt. Finally, because only 3.16 mt of the 4 mt allocated for the landing
of large medium or giant BFT in the southern area was used, NMFS
adjusts the 1999-2000 fishing year southern area large medium/giant
subquota from 4 mt to 4.84 mt.
In the Longline category, landings of large medium and giant BFT by
longline vessels in the northern area (1.94 mt) exceeded the bridge
period quota for this subcategory of 1 mt. NMFS, therefore, adjusts the
1999-2000 fishing year Longline north subquota from 24 mt to 23.06 mt.
Because landings of large medium and giant BFT by longline vessels in
the southern area (47.8 mt) exceeded the bridge period quota for this
subcategory of 25 mt, NMFS adjusts the 1999-2000 fishing year Longline
north subquota from 89 mt to 66.2 mt.
In addition, quota adjustments are necessary for the Reserve, due
to landings during the bridge period and to a prior inseason transfer
for the 1999 fishing year. Pursuant to Sec. 285.7 (applicable
regulations prior July 1, 1999) and under the authority of the Atlantic
Tunas Convention Act, NMFS authorized fisheries biologists from the
Stanford Aquarium to conduct research and to initiate studies on the
use of pop-up archival tags on small medium, large medium, and giant
Atlantic bluefin tuna (BFT) and authorized the North Carolina State
University to conduct studies on BFT reproductive biology. These
authorized studies have resulted in the landings of 1.27 mt of BFT;
these landings have been deducted from the bridge period Reserve of 15
mt. Also, NMFS recently transferred 8 mt of the 1999 Reserve to the
Purse Seine category, creating an adjusted Reserve quota of 35 mt for
the 1999 fishing season (64 FR 36818, July 8, 1999). The 1999 fishing
year Reserve is now further adjusted by the addition of 13.73 mt from
the bridge period, for a revised total of 48.73 mt.
Classification
This action is taken under 50 CFR 635.27(a)(7). 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. 99-22817 Filed 8-27-99; 5:03 pm]
BILLING CODE 3510-22-F
