Atlantic Highly Migratory Species; Bluefin Tuna Fisheries, 301-303 [04-28748]
Download as PDF
<![CDATA[
301
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations
number of seasonal operations. No
information exists on the business
profile of this fleet. However, the
average gross revenue for charter vessels
operating in Florida is estimated at
$68,000, and ranges from $26,000
(South Carolina) to $82,000 (Alabama)
for other areas in the southeastern
United States. No information exists to
suggest the revenue profile of charter
vessels operating in the U.S. Virgin
Islands is substantially different from
these estimates, so NMFS concludes
that all charter vessels operating in the
U.S. Virgin Islands are small business
entities. It cannot be determined how
many of the charter vessels that operate
in the U.S. Virgin Islands will be
affected by the rule, though the rule will
apply to all charter vessels. NMFS
assumes that indirect effects will be
incurred industry-wide, and that all the
charter fishing entities that will be
affected by the rule are small entities.
The rule does not impose any
reporting or recordkeeping
requirements.
No precise estimates of the profits of
either the commercial fishing vessels or
the charter vessels that are expected to
be affected by the rule are available.
However, even though not all water
habitat is equally productive, the rule
will affect only approximately 3 percent
of the available water area in the less
than 100–fathom (183–m) depth range
and close the area to fishing for only 25
percent of the year. Thus, less than 1
percent of available fishing area and
time will be affected. Although harvests
from this area during this time period
will likely exceed 1 percent because it
is a spawning site, the restriction is
expected to be sufficiently small so as
to not significantly affect the profits of
a substantial number of small entities.
Including the no-action alternative
(Alternative 1), five alternatives were
considered in addition to the rule (that
is, the preferred Alternative 2). The noaction alternative and Alternatives 3
through 6 provided insufficient
spawning protection or failed to
minimize the significant economic
impacts on small entities. The no-action
alternative would not impose any
closure in the target area, thereby
allowing all current fishing practices.
This would eliminate all short-term
adverse impacts expected to result from
the closure. However, spawning
protection of yellowfin grouper would
not be provided, thereby forgoing the
benefits of rebuilding the stock, and the
action would, therefore, not be
consistent with the Council’s intent.
The remaining four alternatives differ in
the geographic size and time duration of
the closure. Alternative 3 would
VerDate jul<14>2003
15:29 Jan 03, 2005
Jkt 205001
establish closure over a larger
geographic area than the rule, 17.5 nm2
(60 km2) vs. 6.88 nm2 (28.60 km2), but
would not encompass the entire period
during which yellowfin grouper are
known to spawn, thereby potentially
negating the purpose and effectiveness
of the closure. Alternatives 4 and 6
would only establish closure in a 1 nm2
(3.4 km2) area, an area insufficient to
afford the necessary protection.
Alternative 4 would additionally not
encompass the full spawning period and
may allow fishing pressure to
significantly impact an aggregation that
is still present in the latter half of April.
Alternative 6 would encompass the
entire spawning period, but would
continue the closure longer than is
believed necessary. Alternative 5 would
encompass 5 nm2 (17.2 km2), an area
smaller than that in Alternative 2 but
possibly affording sufficient geographic
scope. However, Alternative 5 would
also extend the closure for an additional
month, which is longer than necessary
and would, therefore, impose
unnecessary adverse impacts.
Among the alternatives, only the
preferred action (i.e., this rule) meets
the geographic and temporal scope
necessary to meet the management
objectives. The fishing restriction
described in the preferred action will
affect less than 1 percent of available
fishing area and time and therefore is
expected to be sufficiently small so as
to not significantly affect the profits of
a substantial number of small entities. A
copy of this analysis is available from
NMFS (see ADDRESSES).
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to permit
holders that also serves as small entity
compliance guide (the guide) was
prepared. Copies of this final rule are
available from the Southeast Regional
Office (see ADDRESSES), and the guide,
i.e., permit holder letter, will be sent to
all holders of permits for the reef fish
fishery. The guide and this final rule
will be available upon request.
Dated: December 28, 2004.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the preamble,
50 CFR part 622 is amended as follows:
I
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.33, paragraph (a)(4) is added
to read as follows:
I
§ 622.33 Caribbean EEZ seasonal and/or
area closures.
(a) * * *
(4) Grammanik Bank closed area. (i)
The Grammanik Bank closed area is
bounded by rhumb lines connecting, in
order, the following points:
Point
North lat.
A
18°12.40′
64°59.00′
B
18°10.00′
64°59.00′
C
18°10.00′
64°56.10′
D
18°12.40′
64°56.10′
A
18°12.40′
64°59.00′
(ii) From February 1, 2005, through
April 30, 2005, no person may fish for
or possess any species of fish, except
highly migratory species, within the
Grammanik Bank closed area. For the
purpose of paragraph (a)(4) of this
section, ‘‘fish’’ means finfish, mollusks,
crustaceans, and all other forms of
marine animal and plant life other than
marine mammals and birds. ‘‘Highly
migratory species’’ means bluefin,
bigeye, yellowfin, albacore, and skipjack
tunas; swordfish; sharks (listed in
appendix A to 50 CFR part 635); white
marlin, blue marlin, sailfish, and
longbill spearfish.
*
*
*
*
*
[FR Doc. 04–28749 Filed 12–29–04; 2:49 pm]
BILLING CODE 3510–22–S
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
West long.
E:\FR\FM\04JAR1.SGM
04JAR1
302
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations
General Category Reopening
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[I.D. 122704C]
Atlantic Highly Migratory Species;
Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Fishery reopening; quota
transfer.
ACTION:
SUMMARY: NMFS has determined that a
reopening of the coastwide General
category Atlantic bluefin tuna (BFT)
fishery is warranted. In addition, NMFS
has determined that a BFT quota
transfer from the Atlantic tunas Purse
seine category to the Reserve category is
warranted. These actions are being
taken to ensure that U.S. BFT harvest is
consistent with recommendations of the
International Commission for the
Conservation of Atlantic Tunas (ICCAT),
pursuant to the Atlantic Tunas
Convention Act (ATCA), and to meet
domestic management objectives under
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) and the Fishery
Management Plan for Atlantic Tunas,
Swordfish and Sharks (HMS FMP).
The effective date for the General
category reopening, as specified in this
rule, is 12:30 a.m. on January 2, 2005,
through 11:30 p.m. on January 4, 2005,
inclusive. The effective date of the BFT
quota transfer is December 29, 2004
through May 31, 2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
Brad
McHale at (978) 281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the ATCA (16 U.S.C. 971 et
seq.) and the 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. Section 635.27
subdivides the U.S. BFT quota
recommended by ICCAT among the
various domestic fishing categories, and
together with General category effort
controls are specified annually under
procedures specified at 50 CFR
635.23(a) and 635.27(a). The proposed
initial 2004 BFT Quota and General
category effort controls published in the
Federal Register on December 10, 2004
(69 FR 71771).
VerDate jul<14>2003
15:29 Jan 03, 2005
Jkt 205001
The coastwide General category BFT
fishery reopened on December 8, 2004,
and closed on December 20, 2004 (69 FR
71732, December 10, 2004). The intent
of this 13-day reopening was to provide
commercial fishing opportunities to
both Atlantic tunas General and HMS
Charter/Headboat category fishery
participants to harvest the remainder of
the available General category quota.
Catch rates were lower than anticipated,
primarily due to inclement weather and
approximately 70 metric tons (mt) of the
available 107 mt was landed during this
time period. Therefore, 37 mt remains
available, which is nearly the same
amount as landings attributed to
southern area fishermen during the
winter commercial BFT fishery in
January 2004.
Recent information indicates that
commercial sized BFT are off the coast
of North Carolina and are available to
General and Charter/Headboat category
fishery participants. In consideration of
historical General category catch rates in
January, the unpredictable nature of the
weather, the availability of BFT on the
fishing grounds, and the amount of
available quota, NMFS has determined
that a coastwide General category
reopening period of three days should
allow harvest of the remaining quota
without risking overharvest. Therefore,
the coastwide General category is
scheduled to reopen at 12:30 a.m. on
January 2, 2005, and close at 11:30 p.m.
on January 4, 2005.
General Category Limits
The General category daily retention
limit during this reopening is one large
medium or giant BFT, measuring 73
inches or greater (185 cm or greater)
curved fork length (CFL) per vessel/day/
trip. This limit applies in all fishing
areas, for all vessels fishing under the
General category quota (i.e., permitted
Atlantic tunas General and HMS
Charter/Headboat vessels). Fishing for,
retaining, possessing, or landing large
medium or giant BFT by persons fishing
under the General category quota must
cease at 11:30 p.m. local time January 4,
2005.
BFT Quota Transfer
The ATCA and the Magnuson-Stevens
Act both address the issue of setting
quotas for the U.S. domestic fishery
when a species is subject to an
allocation negotiated through an
international agreement. Specifically,
NMFS is charged to enable harvest of
the full amount of these agreed quotas.
To balance the collective legislative
requirements to prevent overharvest of
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
the overall U.S. quota, to allocate
available quota consistent with
traditional fishing practices, and to
provide a reasonable opportunity to
harvest the quota, some flexibility is
needed to adapt to seasonal variations
in the migratory patterns of bluefin
tuna. Current regulations provide this
flexibility in the following three
ways:(1) placement of a portion of the
total quota in a Reserve category (50
CFR 635.27(a)(7)); (2) inseason transfers
of unharvested quota between fishing
categories or to the Reserve category (50
CFR 635.27(a)(8)); and (3) carryover of
overharvested or unharvested amounts
to the subsequent fishing year (50 CFR
635.27(a)(9)).
While NMFS exercises discretion in
adapting to prevailing fishery
conditions by balancing reserves,
transfers, and carryover there are certain
criteria which guide the decision
making process for transfers. Those
criteria include: (1) the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock; (2) the catches of the
particular category quota to date and the
likelihood of closure of that segment of
the fishery if no allocation is made; (3)
the projected ability of the vessels
fishing under the particular category
quota to harvest the additional amount
of BFT before the end of the fishing
year; (4) the estimated amounts by
which quotas established for other gear
segments of the fishery might be
exceeded; (5) the effects of the transfer
on BFT rebuilding and overfishing; and
(6) the effects of the transfer on
accomplishing the objectives of the
HMS FMP. If it is determined, based on
the indicated factors and the likelihood
of exceeding the total quota, that vessels
fishing under any category or
subcategory quota are not likely to take
the initial quota, NMFS may transfer
inseason any portion of the remaining
quota of that fishing category to any
other fishing category or to the Reserve
quota.
In considering these criteria, NMFS
also recognizes the unique nature of the
Purse seine category which is managed
by an individual vessel quota system.
As such, the Purse seine vessels are
vested with a greater degree of
autonomy for managing their
allocations, including: fishing days,
transfers between vessels, and planning
for carryover. Consequently, NOAA
Fisheries has elected to exclude Purse
seine allocations from past inseason
transfers between fishing categories on
the premise that the vessels are always
able to harvest their remaining
allocations or to elect to carry them
E:\FR\FM\04JAR1.SGM
04JAR1
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations
over, after considering: current market
conditions, the need to avoid discards
in setting the gear when only small
amounts of allocation remain, and the
possibilities for transfers between
vessels to consolidate residual
allocations. While this approach has
worked reasonably well in past years,
anomalous fishery conditions since
2002 have resulted in the carryover of
unprecedented amounts of unharvested
Purse seine quota. Given this atypical
situation, NMFS has reconsidered how
the inseason transfer provisions should
be applied to the Purse seine category in
2004.
The 2004 fishing year proposed initial
BFT quota specifications were prepared
in accordance with: the 2002 ICCAT
quota recommendation, the ICCAT
recommendation regarding the dead
discard allowance, the HMS FMP
percentage shares for each of the
domestic categories including
restrictions on landings of school BFT,
and the addition or subtraction of any
underharvest or overharvest from the
previous fishing year (69 FR 71771,
December 10, 2004). NMFS proposed
initial quota specifications for the 2004
fishing year as follows: General category
– 659.0 mt; Harpoon category – 81.4 mt;
Purse Seine category – 389.4 mt;
Angling category – 65.5 mt; Longline
category – 171.2 mt; Trap category – 2.3
mt; and the Reserve category – 36.6 mt.
Subsequently, NMFS transferred 300 mt
from the General category, 45 mt from
the Longline category, and 40 mt from
the Harpoon category (69 FR 71732,
December 10, 2004). These transfers
resulted in additions of 223.1 mt to the
Angling category and 161.9 mt to the
Reserve.
NMFS has determined that a transfer
of 100 mt from the Purse Seine category
to the Reserve is warranted, based on
the 2004 proposed BFT specifications,
the subsequent transfers, an assessment
of the commercial and recreational
landings data to date, carryover of
unharvested amounts from prior years,
and considering the factors governing
quota transfers between categories. The
Reserve category was established, in
part, for the purpose of compensating
overharvest in any category and to
ensure overall U.S. landings do not
exceed ICCAT recommended quotas.
Given the suspension of Purse seine
fishing activity for the remainder of the
2004 fishing year and continued fishing
activity in several other categories
through May 31, 2005, it is likely that
allowing for full utilization of the U.S.
quota may require additional transfers
from the Reserve.
The effects on rebuilding and
overfishing as a result of this transfer are
VerDate jul<14>2003
15:29 Jan 03, 2005
Jkt 205001
predicted to be neutral. The prime effect
is to transfer quota among categories
and no additional harvest above the
level authorized in the BFT rebuilding
plan is anticipated. The transfer is
consistent with the objectives of the
HMS FMP as it would provide for fair
and reasonable fishing opportunities
and allow for maximum utilization of
the 2004 U.S. BFT allocation while
preventing an overharvest of that
allocation.
Monitoring and Reporting
NMFS selected the duration of the
reopening and the daily retention limit
based on a review of available quota,
dealer reports, daily landing trends, the
availability of BFT on the fishing
grounds, and previous fishing years
effort and landings rates for the month
of January. NMFS will continue to
monitor the General category BFT
fishery closely via the commercial BFT
landing reports submitted by authorized
BFT dealers. Once the General category
BFT fishery has closed, NMFS will
assess reported landings and available
quota and determine if a subsequent
reopening is warranted.
Classification
The Assistant Administrator for
Fisheries, NOAA (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. The General category BFT
fishery closed on December 20, 2004,
after a 13 day reopening. Catch rates
were slower that anticipated, due
primarily to inclement weather and the
full 107 mt of quota that was available
was not attained. Since the closure,
NMFS has compiled all commercial
BFT landing reports submitted by
permitted dealers and determined that
approximately 37 mt is still available for
a limited General category BFT fishery
in the month of January. Recent
information shows BFT in the
commercial size classes are now
available off southern Atlantic states in
nearshore areas and accessible to
commercial anglers as well as Charter/
Headboat operations. Under ATCA and
the HMS FMP, NMFS is required to
provide fishing opportunities to catch
the available quota.
Delaying this action would be
contrary to the public interest as BFT
are now available in nearshore waters
and will soon migrate out of range of the
commercial and charter/headboat fleets.
As the General category is currently
closed, fishery participants are not
currently able to access these BFT while
they are available. It is in the public
interest to act quickly to open the
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
303
fisheries while the BFT are accessible so
that the short window of fishing
opportunity is not lost. 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 and because this
action relieves a restriction (e.g.,
reopens fisheries), there is good cause
under 5 U.S.C. 553(d) to waive the delay
in effectiveness of this action.
These actions are being taken under
50 CFR 635.23(a)(4) and 50 CFR
635.27(a)(8) and are exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 28, 2004.
Bruce C. Morehead
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 04–28748 Filed 12–29–04; 2:49 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 041110317–4364–02; I.D.
110404B]
RIN 0648–AR51
50 CFR Part 648
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2005 and
2006 Summer Flounder Specifications;
2005 Scup and Black Sea Bass
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; final specifications
for the 2005 and 2006 summer flounder
fisheries and for the 2005 scup and
black sea bass fisheries, and preliminary
2005 quota adjustment; notification of
2005 commercial summer flounder
quota harvest for Delaware.
AGENCY:
SUMMARY: NMFS issues final
specifications for the 2005 and 2006
summer flounder fisheries and for the
2005 scup and black sea bass fisheries,
and makes preliminary adjustments to
the 2005 commercial quotas for these
fisheries. This final rule specifies
allowed harvest limits for both
commercial and recreational fisheries,
including scup possession limits. This
action prohibits federally permitted
commercial vessels from landing
summer flounder in Delaware in 2005.
Regulations governing the summer
E:\FR\FM\04JAR1.SGM
04JAR1
]]>Agencies
[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Rules and Regulations]
[Pages 301-303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-28748]
[[Page 302]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 122704C]
Atlantic Highly Migratory Species; Bluefin Tuna Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishery reopening; quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that a reopening of the coastwide General
category Atlantic bluefin tuna (BFT) fishery is warranted. In addition,
NMFS has determined that a BFT quota transfer from the Atlantic tunas
Purse seine category to the Reserve category is warranted. These
actions are being taken to ensure that U.S. BFT harvest is consistent
with recommendations of the International Commission for the
Conservation of Atlantic Tunas (ICCAT), pursuant to the Atlantic Tunas
Convention Act (ATCA), and to meet domestic management objectives under
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and the Fishery Management Plan for Atlantic Tunas,
Swordfish and Sharks (HMS FMP).
DATES: The effective date for the General category reopening, as
specified in this rule, is 12:30 a.m. on January 2, 2005, through 11:30
p.m. on January 4, 2005, inclusive. The effective date of the BFT quota
transfer is December 29, 2004 through May 31, 2005.
FOR FURTHER INFORMATION CONTACT: Brad McHale at (978) 281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the ATCA (16 U.S.C. 971 et seq.) and the 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.
Section 635.27 subdivides the U.S. BFT quota recommended by ICCAT among
the various domestic fishing categories, and together with General
category effort controls are specified annually under procedures
specified at 50 CFR 635.23(a) and 635.27(a). The proposed initial 2004
BFT Quota and General category effort controls published in the Federal
Register on December 10, 2004 (69 FR 71771).
General Category Reopening
The coastwide General category BFT fishery reopened on December 8,
2004, and closed on December 20, 2004 (69 FR 71732, December 10, 2004).
The intent of this 13-day reopening was to provide commercial fishing
opportunities to both Atlantic tunas General and HMS Charter/Headboat
category fishery participants to harvest the remainder of the available
General category quota. Catch rates were lower than anticipated,
primarily due to inclement weather and approximately 70 metric tons
(mt) of the available 107 mt was landed during this time period.
Therefore, 37 mt remains available, which is nearly the same amount as
landings attributed to southern area fishermen during the winter
commercial BFT fishery in January 2004.
Recent information indicates that commercial sized BFT are off the
coast of North Carolina and are available to General and Charter/
Headboat category fishery participants. In consideration of historical
General category catch rates in January, the unpredictable nature of
the weather, the availability of BFT on the fishing grounds, and the
amount of available quota, NMFS has determined that a coastwide General
category reopening period of three days should allow harvest of the
remaining quota without risking overharvest. Therefore, the coastwide
General category is scheduled to reopen at 12:30 a.m. on January 2,
2005, and close at 11:30 p.m. on January 4, 2005.
General Category Limits
The General category daily retention limit during this reopening is
one large medium or giant BFT, measuring 73 inches or greater (185 cm
or greater) curved fork length (CFL) per vessel/day/trip. This limit
applies in all fishing areas, for all vessels fishing under the General
category quota (i.e., permitted Atlantic tunas General and HMS Charter/
Headboat vessels). Fishing for, retaining, possessing, or landing large
medium or giant BFT by persons fishing under the General category quota
must cease at 11:30 p.m. local time January 4, 2005.
BFT Quota Transfer
The ATCA and the Magnuson-Stevens Act both address the issue of
setting quotas for the U.S. domestic fishery when a species is subject
to an allocation negotiated through an international agreement.
Specifically, NMFS is charged to enable harvest of the full amount of
these agreed quotas. To balance the collective legislative requirements
to prevent overharvest of the overall U.S. quota, to allocate available
quota consistent with traditional fishing practices, and to provide a
reasonable opportunity to harvest the quota, some flexibility is needed
to adapt to seasonal variations in the migratory patterns of bluefin
tuna. Current regulations provide this flexibility in the following
three ways:(1) placement of a portion of the total quota in a Reserve
category (50 CFR 635.27(a)(7)); (2) inseason transfers of unharvested
quota between fishing categories or to the Reserve category (50 CFR
635.27(a)(8)); and (3) carryover of overharvested or unharvested
amounts to the subsequent fishing year (50 CFR 635.27(a)(9)).
While NMFS exercises discretion in adapting to prevailing fishery
conditions by balancing reserves, transfers, and carryover there are
certain criteria which guide the decision making process for transfers.
Those criteria include: (1) the usefulness of information obtained from
catches in the particular category for biological sampling and
monitoring of the status of the stock; (2) the catches of the
particular category quota to date and the likelihood of closure of that
segment of the fishery if no allocation is made; (3) the projected
ability of the vessels fishing under the particular category quota to
harvest the additional amount of BFT before the end of the fishing
year; (4) the estimated amounts by which quotas established for other
gear segments of the fishery might be exceeded; (5) the effects of the
transfer on BFT rebuilding and overfishing; and (6) the effects of the
transfer on accomplishing the objectives of the HMS FMP. If it is
determined, based on the indicated factors and the likelihood of
exceeding the total quota, that vessels fishing under any category or
subcategory quota are not likely to take the initial quota, NMFS may
transfer inseason any portion of the remaining quota of that fishing
category to any other fishing category or to the Reserve quota.
In considering these criteria, NMFS also recognizes the unique
nature of the Purse seine category which is managed by an individual
vessel quota system. As such, the Purse seine vessels are vested with a
greater degree of autonomy for managing their allocations, including:
fishing days, transfers between vessels, and planning for carryover.
Consequently, NOAA Fisheries has elected to exclude Purse seine
allocations from past inseason transfers between fishing categories on
the premise that the vessels are always able to harvest their remaining
allocations or to elect to carry them
[[Page 303]]
over, after considering: current market conditions, the need to avoid
discards in setting the gear when only small amounts of allocation
remain, and the possibilities for transfers between vessels to
consolidate residual allocations. While this approach has worked
reasonably well in past years, anomalous fishery conditions since 2002
have resulted in the carryover of unprecedented amounts of unharvested
Purse seine quota. Given this atypical situation, NMFS has reconsidered
how the inseason transfer provisions should be applied to the Purse
seine category in 2004.
The 2004 fishing year proposed initial BFT quota specifications
were prepared in accordance with: the 2002 ICCAT quota recommendation,
the ICCAT recommendation regarding the dead discard allowance, the HMS
FMP percentage shares for each of the domestic categories including
restrictions on landings of school BFT, and the addition or subtraction
of any underharvest or overharvest from the previous fishing year (69
FR 71771, December 10, 2004). NMFS proposed initial quota
specifications for the 2004 fishing year as follows: General category -
659.0 mt; Harpoon category - 81.4 mt; Purse Seine category - 389.4 mt;
Angling category - 65.5 mt; Longline category - 171.2 mt; Trap category
- 2.3 mt; and the Reserve category - 36.6 mt. Subsequently, NMFS
transferred 300 mt from the General category, 45 mt from the Longline
category, and 40 mt from the Harpoon category (69 FR 71732, December
10, 2004). These transfers resulted in additions of 223.1 mt to the
Angling category and 161.9 mt to the Reserve.
NMFS has determined that a transfer of 100 mt from the Purse Seine
category to the Reserve is warranted, based on the 2004 proposed BFT
specifications, the subsequent transfers, an assessment of the
commercial and recreational landings data to date, carryover of
unharvested amounts from prior years, and considering the factors
governing quota transfers between categories. The Reserve category was
established, in part, for the purpose of compensating overharvest in
any category and to ensure overall U.S. landings do not exceed ICCAT
recommended quotas. Given the suspension of Purse seine fishing
activity for the remainder of the 2004 fishing year and continued
fishing activity in several other categories through May 31, 2005, it
is likely that allowing for full utilization of the U.S. quota may
require additional transfers from the Reserve.
The effects on rebuilding and overfishing as a result of this
transfer are predicted to be neutral. The prime effect is to transfer
quota among categories and no additional harvest above the level
authorized in the BFT rebuilding plan is anticipated. The transfer is
consistent with the objectives of the HMS FMP as it would provide for
fair and reasonable fishing opportunities and allow for maximum
utilization of the 2004 U.S. BFT allocation while preventing an
overharvest of that allocation.
Monitoring and Reporting
NMFS selected the duration of the reopening and the daily retention
limit based on a review of available quota, dealer reports, daily
landing trends, the availability of BFT on the fishing grounds, and
previous fishing years effort and landings rates for the month of
January. NMFS will continue to monitor the General category BFT fishery
closely via the commercial BFT landing reports submitted by authorized
BFT dealers. Once the General category BFT fishery has closed, NMFS
will assess reported landings and available quota and determine if a
subsequent reopening is warranted.
Classification
The Assistant Administrator for Fisheries, NOAA (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. The
General category BFT fishery closed on December 20, 2004, after a 13
day reopening. Catch rates were slower that anticipated, due primarily
to inclement weather and the full 107 mt of quota that was available
was not attained. Since the closure, NMFS has compiled all commercial
BFT landing reports submitted by permitted dealers and determined that
approximately 37 mt is still available for a limited General category
BFT fishery in the month of January. Recent information shows BFT in
the commercial size classes are now available off southern Atlantic
states in nearshore areas and accessible to commercial anglers as well
as Charter/Headboat operations. Under ATCA and the HMS FMP, NMFS is
required to provide fishing opportunities to catch the available quota.
Delaying this action would be contrary to the public interest as
BFT are now available in nearshore waters and will soon migrate out of
range of the commercial and charter/headboat fleets. As the General
category is currently closed, fishery participants are not currently
able to access these BFT while they are available. It is in the public
interest to act quickly to open the fisheries while the BFT are
accessible so that the short window of fishing opportunity is not lost.
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 and because this action relieves a restriction (e.g.,
reopens fisheries), there is good cause under 5 U.S.C. 553(d) to waive
the delay in effectiveness of this action.
These actions are being taken under 50 CFR 635.23(a)(4) and 50 CFR
635.27(a)(8) and are exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: December 28, 2004.
Bruce C. Morehead
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-28748 Filed 12-29-04; 2:49 pm]
BILLING CODE 3510-22-S
