[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50765-50766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24881]
[[Page 50765]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[I.D. 092496A]
Atlantic Tuna Fisheries; Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishery reopenings; catch limit adjustment.
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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (ABT)
Angling category quota, as adjusted, has not been reached. Therefore,
the Angling category fishery for school ABT will open for the northern
area beginning Saturday, September 28, at 1 a.m. local time and close
on Sunday, September 29 at 11:30 p.m. local time. The daily catch limit
for this reopening is set at two school ABT per vessel. Additionally,
NMFS adjusts the October subquota for the General category by
transferring 22 mt from the Reserve, and adjusts the General category
effort control schedule for October. These actions are being taken to
extend scientific data collection on several size classes of ABT while
preventing overharvest of the adjusted subquotas for the affected
fishing categories.
EFFECTIVE DATES: The Angling category fishery for school ABT will open
for the northern area beginning Saturday, September 28, at 1 a.m. local
time and close on Sunday, September 29 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 Tuesday, October 1, at 1 a.m. local time and
close on Wednesday, October 2 at 11:30 p.m. local time. The New York
Bight set-aside of 10 mt will be open for all areas south and west of
Shinnecock inlet from Saturday, October 5, at 1 a.m., until the set-
aside has been taken, which will be announced in the Federal Register.
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.
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
the waters off Delaware and states south and 73 mt for the waters off
New Jersey and states 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.
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 factors. Such authority was exercised to transfer
10 mt from the Inseason Reserve and reopen the school ABT Angling
category fishery for the northern area effective September 13, 1996 (61
FR 48640). NMFS has determined that due to lower than expected fishing
effort, attributable to poor weather conditions, the full 10 mt was not
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 two school ABT per vessel
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
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. Overharvest of the September
subquota has reduced the October General category quota to 48 mt,
including a 10 mt set aside for the traditional fall New York Bight
fishery.
After considering the previously cited factors for making transfers
between categories, the AA has determined that 22 mt of the remaining
Inseason Reserve of 23 mt should be transferred to the General
category. Thus, the October General category quota is set at 60 mt,
with an additional 10 mt reserved for the New York Bight.
General Category Reopening
Implementing regulations for the Atlantic tuna fisheries at
Sec. 285.24 provide the AA with authority to adjust the catch limit for
the General category to effect restricted fishing days. Such effort
controls allow maximum utilization of the quota while maintaining a
fair distribution of fishing opportunities. Catch rates in August and
September approached or exceeded 30 mt per day. In order to ensure that
the October subquota is not exceeded and that the set aside for the New
York Bight can be maintained, the October effort control schedule is
set as follows: (1) The General category fishery for large medium and
giant ABT will open for all areas beginning Tuesday, October 1, at 1
a.m. local time and close on Wednesday, October 2 at 11:30 p.m. local
time; (2) the New York Bight set-aside of 10 mt will open for the
waters in areas south and west of a straight line originating at a
point on the southern shore of Long Island at 72 deg. 27' W. long.
[[Page 50766]]
(Shinnecock Inlet) and extending SSE 150 deg. true) beginning Saturday,
October 5, at 1 a.m. Upon the effective date of the set-aside, persons
aboard vessels permitted in the General category may fish for, retain,
and land large medium and giant ABT only 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 285.20(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: September 24, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-24881 Filed 9-24-96; 4:41 pm]
BILLING CODE 3510-22-F
