Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 33039-33042 [05-11207]
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Federal Register / Vol. 70, No. 108 / Tuesday, June 7, 2005 / Rules and Regulations
no RFDs, this alternative was rejected
because it is unlikely that there will be
enough quota in the General category to
sustain an extended late season
commercial handgear fishery off south
Atlantic states.
The action would not result in
additional reporting, recordkeeping,
compliance, or monitoring requirements
for the public. This final rule has also
been determined not to duplicate,
overlap, or conflict with any other
Federal rules.
NMFS prepared an EA for this final
rule, and the AA has concluded that
there would be no significant impact on
the human environment with
implementation of this final rule. The
EA presents analyses of the anticipated
impacts of these regulations and the
alternatives considered. A copy of the
EA and other analytical documents
prepared for this proposed rule, are
available from NMFS via the Federal eRulemaking Portal (see ADDRESSES).
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule contains no new
collection-of-information requirements
subject to review and approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). Notwithstanding any other
provisions of the law, no person is
required to respond to, nor shall any
person be subject to, a penalty for
failure to comply with a collection of
information subject to the requirements
of the PRA unless that collection of
information displays a currently valid
OMB control number.
On September 7, 2000, NMFS
reinitiated formal consultation for all
HMS commercial fisheries under
section 7 of the Endangered Species Act.
A Biological Opinion (BiOp), issued
June 14, 2001, concluded that continued
operation of the Atlantic pelagic
longline fishery is likely to jeopardize
the continued existence of endangered
and threatened sea turtle species under
NMFS jurisdiction. This BiOp also
concluded that the continued operation
of the purse seine and handgear
fisheries may adversely affect, but is not
likely to jeopardize, the continued
existence of any endangered or
threatened species under NMFS
jurisdiction. NMFS has implemented
the reasonable and prudent alternative
(RPA) required by this BiOp.
Subsequently, based on the
management measures in several
proposed rules, a new BiOp on the
Atlantic pelagic longline fishery was
issued on June 1, 2004. The 2004 BiOp
found that the continued operation of
the fishery was not likely to jeopardize
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the continued existence of loggerhead,
green, hawksbill, Kemp’s ridley, or olive
ridley sea turtles, but was likely to
jeopardize the continued existence of
leatherback sea turtles. The 2004 BiOp
identified RPAs necessary to avoid
jeopardizing leatherbacks, and listed the
Reasonable and Prudent Measures
(RPMs) and terms and conditions
necessary to authorize continued take as
part of the revised incidental take
statement. On July 6, 2004, NMFS
published a final rule (69 FR 40734)
implementing additional sea turtle
bycatch and bycatch mortality
mitigation measures for all Atlantic
vessels with pelagic longline gear
onboard. NMFS is working on
implementing the other RPMs in
compliance with the 2004 BiOp. On
August 12, 2004, NMFS published an
advance notice of proposed rulemaking
(69 FR 49858) to request comments on
potential regulatory changes to further
reduce bycatch and bycatch mortality of
sea turtles, as well as comments on the
feasibility of framework mechanisms to
address unanticipated increases in sea
turtle interactions and mortalities,
should they occur. NMFS will
undertake additional rulemaking and
non-regulatory actions, as required, to
implement any management measures
that are required under the 2004 BiOp.
The measures in this action are not
expected to have adverse impacts on
protected species. Although the 2002
ICCAT recommendation increased the
BFT quota, which may result in a slight
increase in effort, NMFS does not expect
this slight increase to alter current
fishing patterns. Any option to reduce
mortality of school BFT are expected to
have negligible ecological impacts and
not adversely impact protected species.
The specific action to allocate
additional BFT quota to the Longline
category would not alter current impacts
on threatened or endangered species.
The action would not modify fishing
behavior or gear type, nor would it
expand fishing effort because BFT are
only allowed to be retained incidentally.
Thus, the action would not be expected
to change previously analyzed
endangered species or marine mammal
interaction rates or magnitudes, or
substantially alter current fishing
practices or bycatch mortality rates.
The area in which this action will
occur has been identified as Essential
Fish Habitat (EFH) for species managed
by the New England Fishery
Management Council, the Mid-Atlantic
Fishery Management Council, the South
Atlantic Fishery Management Council,
the Gulf of Mexico Fishery Management
Council, the Caribbean Fishery
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33039
Management Council, and the HMS
Management Division of the Office of
Sustainable Fisheries at NMFS. NMFS
does not anticipate that this action will
have any adverse impacts to EFH and,
therefore, no consultation is required.
NMFS has determined that the actions
in this final rule are consistent to the
maximum extent practicable with the
enforceable policies of the coastal states
in the Atlantic, Gulf of Mexico, and
Caribbean that have Federally approved
coastal zone management programs
under the Coastal Zone Management
Act (CZMA). The rule establishing quota
specifications and effort controls was
submitted to the responsible state
agencies for their review under section
307 of the CZMA on March 23, 2005. As
of May 6, 2005, NMFS has received five
responses, all concurring with NMFS’
consistency determination. Because no
responses were received from other
states, their concurrence is presumed.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: June 1, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 05–11208 Filed 6–1–05; 5:01 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[I.D. 052405D]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
AGENCY:
SUMMARY: NMFS has determined that
the Atlantic bluefin tuna (BFT) General
and Charter/Headboat Permit category
daily retention limits should be adjusted
for the 2005 fishing year, which begins
on June 1, 2005 and ends May 31, 2006.
The adjustment will allow maximum
utilization of the General category June
through August time-period subquota,
and will enhance recreational BFT
fishing opportunities aboard Charter/
Headboat vessels in the early portion of
the season. Therefore, NMFS increases
the daily BFT retention limits to provide
enhanced commercial General category
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Federal Register / Vol. 70, No. 108 / Tuesday, June 7, 2005 / Rules and Regulations
and recreational Charter/Headboat
fishing opportunities in all areas
without risking overharvest of the
General and Angling category quotas.
The final initial 2005 BFT
Specifications and General category
effort controls are provided in a separate
Federal Register document.
The effective dates for the BFT
daily retention limits are provided in
DATES:
Table 1 under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Brad
McHale, 978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.)
and the Magnuson-Stevens Fishery
Conservation and Management Act
(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 the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories.
Daily Retention Limits
TABLE 1.—EFFECTIVE DATES
Permit category
Effective dates
Areas
BFT size class limit
General ..................
June 1 through June 5, 2005, inclusive .......................
All .........
June 6 through August 31, 2005, inclusive ..................
All .........
September 1, 2005, through January 31, 2006, inclusive.
June 1–16, 2005, inclusive ...........................................
All .........
June 17 through July 31, 2005, inclusive .....................
All .........
August 1, 2005, through May 31, 2006, inclusive ........
All .........
June 1, 2005, through May 31, 2006, inclusive ...........
All .........
One BFT per vessel per day/trip, measuring 73 inches
(185 cm) curved fork length (CFL) or larger.
Two BFT per vessel per day/trip, measuring 73 inches
(185 cm) curved fork length (CFL) or larger.
One BFT per vessel per day/trip, measuring 73 inches
(185) CFL or larger.
One BFT per vessel per day/trip, measuring 27 to less
than 73 inches (69 to less than 185 cm) CFL.
Three BFT per vessel per day/trip, measuring 27 to
less than 73 inches (69 to less than 185 cm) CFL.
Of the three BFT, a maximum of two BFT are allowed per vessel per day/trip measuring 27 to less
than 47 inches (69 to less that 119 cm) CFL.
One BFT per vessel per day/trip, measuring 27 to less
than 73 inches (69 to less than 185 cm) CFL.
One BFT per vessel per day/trip, measuring 27 to less
than 73 inches (69 to less than 185 cm) CFL.
Charter/Headboat ...
Angling ...................
Adjustment of General Category Daily
Retention Limits
Under 50 CFR 635.23(a)(4), NOAA
Fisheries may increase or decrease the
General category daily retention limit of
large medium and giant BFT over a
range from zero (on Restricted Fishing
Days) to a maximum of three per vessel
to allow for maximum utilization of the
quota for BFT. Starting on June 1, 2005,
the default commercial General category
daily retention limit at 50 CFR
635.23(a)(2), will apply at one large
medium or giant BFT (measuring 73
inches curved fork length (CFL)) or
greater per vessel per day/trip. This
retention limit applies to permitted
HMS Charter/Headboat vessels (when
commercially fishing under the General
category) and General category
permitted vessels.
NOAA Fisheries has been continuing
to receive information from fishermen
regarding the start of the season and
requests for an increase of the retention
limit in the General category starting as
close as possible to the start of the
fishery on June 1 and for increased
recreational Charterboat limits mid June
to end of July. Fishermen have indicated
that, if the action is not conducted
expeditiously, at the opening of the
season, then a subsector of General
category fishermen (particularly in
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All .........
northern New England) will lose the
opportunity to enjoy the increased
fishing opportunities while the fish are
briefly offshore in the Gulf of Maine and
northern New England fishing areas.
Therefore, NOAA Fisheries adjusts
the General category daily retention
limit June 6 through August 31, 2005,
inclusive, to two large medium or giant
BFT, measuring 73 inches (185 cm) CFL
or greater, per vessel per day/trip. The
default retention limit of one BFT
greater than 73 inches will apply
through June 5, 2005 inclusive, and the
retention limit will revert back to the
default on September 1, 2005. It is
highly likely that with a combination of
the default bag limit of one BFT starting
on September 1, 2005, and the large
amount of General category quota, that
there will be sufficient quota for a full
general category season extending into
the winter months and for southern area
fishermen on an order of magnitude of
recent prior years.
Adjustment of HMS Charter/Headboat
Permit Category Daily Retention Limits
Starting on June 1, 2005, the default
recreational daily retention limit at 50
CFR 635.23(b), will apply at one school,
large school or small medium BFT
(measuring 27 inches to less than 73
inches curved fork length (CFL)) per
vessel per day/trip. This retention limit
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applies to permitted HMS Charter/
Headboat vessels (when recreationally
fishing under the Angling category) and
to HMS Angling permitted vessels.
These regulations also allow for
adjustment to the daily retention limit
to provide for maximum utilization of
the quota over the longest possible
period of time. NOAA Fisheries may
increase or decrease the retention limit
for any size class BFT or change a vessel
trip limit to an angler limit or vice versa.
Such adjustments to the retention limits
may be applied separately for persons
aboard specific vessel types, such as
private vessels, headboats, and charter
boats.
NOAA Fisheries has recently received
more information from charter operators
and recreational industry leaders related
to recreational BFT fishing
opportunities in the mid-Atlantic area.
Among other matters, NOAA Fisheries
has learned about a tuna tournament
starting on June 17, 2005, and concerns
regarding how the default one BFT
retention limit might negatively impact
charterboat operations early in the
season particularly in tournaments
where higher limits will attract more
participants. Charterboat operators have
requested an increased retention limit,
and expressed concern that a
recreational retention limit of less than
three or four BFT per vessel per day/trip
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Federal Register / Vol. 70, No. 108 / Tuesday, June 7, 2005 / Rules and Regulations
does not provide reasonable fishing
opportunities for charter/headboats,
which carry multiple fee-paying
passengers. Fishermen have also
emphasized that an early season
retention limit adjustment should be
announced as soon as possible so that
Charterboat operators have sufficient
time to announce and plan the
scheduling of trips. Another
consideration is the need to ensure the
United States meets ICCAT’s
recommendation regarding quota
allocation and specifically regarding the
catch of school BFT to no more than
eight percent by weight of the total
domestic landings quota over each fourconsecutive-year period. The 2005
fishing year is the third year in the
current accounting period. This multiyear block quota approach provides
NOAA Fisheries with the flexibility to
enhance fishing opportunities and to
collect information on a broad range of
BFT size classes.
Over the past several weeks HMS staff
have received information related to
retention limit adjustments for a variety
of recreational fishing sectors along the
entire Atlantic coast and for the
duration of the 2005 fishing year. HMS
staff have considered this information as
well as issues raised at the HMS
Advisory Panel meeting held in March
2005 and received from public comment
on the proposed initial 2005 BFT
specifications (70 FR 14630, March 23,
2005). The final initial specifications are
currently in preparation and take into
account recently available estimates of
total recreational landings from the 2004
fishing year. These analyses show that
a modest increase in the daily retention
limit, of limited duration, is feasible
without risking overharvest of available
quota for the early part of the 2005
recreational season.
Thus, NOAA Fisheries adjusts the
daily BFT retention limit, in all areas,
for vessels permitted in the HMS
Charter/Headboat category, effective
June 17 through July 31, 2005, inclusive,
to three BFT per vessel per day/trip,
consisting of BFT measuring 27 to less
than 73 inches (69 to less than 185 cm)
CFL in the school, large school, or small
medium size classes. Of the three BFT,
a maximum of two school BFT are
allowed per vessel per day/trip,
measuring 27 to less than 47 inches (69
to less than 119 cm) CFL.
Effective August 1, 2005, the default
daily recreational retention limit at 50
CFR 635.23(b) will apply in all areas, for
all vessels fishing under the recreational
angling quota and regulations. However,
NOAA Fisheries is also aware of the
needs of a late summer or September
Charterboat fishery and will consider
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the possibility of again providing a
modest retention limit adjustment closer
to that time frame based on several
factors, including but not limited to, the
landings and quota data as well as other
fishery information gathered from the
monitoring programs discussed below,
experience of this early season retention
limit adjustment, information from
fishermen and the public regarding
fishing opportunities, and the
availability of migrating BFT.
For privately owned and operated
recreational vessels, permitted in the
HMS Angling category, the daily
recreational retention limit will remain
at one school, large school, or small
medium BFT measuring 27 to less than
73 inches (69 to less than 185 cm) CFL,
per vessel per day/trip effective June 1,
2005 through May 31, 2006, inclusive.
Monitoring and Reporting
NMFS selected the daily recreational
retention limits and their duration after
examining previous fishing year catch
and effort rates, receiving public
comment, and analyzing the available
quota for the 2005 fishing year. NMFS
will continue to monitor the BFT fishery
closely through dealer landing reports,
the Automated Landings Reporting
System, state harvest tagging programs
in North Carolina and Maryland, and
the Large Pelagics Survey. Depending
on the level of fishing effort and catch
rates of BFT, NMFS may determine that
additional retention limit adjustments
are necessary to ensure available quota
is not exceeded or, to enhance scientific
data collection from, and fishing
opportunities in, all geographic areas.
Additionally, NMFS may determine that
an allocation from the school BFT
reserve is warranted to further fishery
management objectives.
Closures or subsequent adjustments to
the daily retention limits, if any, will be
published in the Federal Register. In
addition, fishermen may call the
Atlantic Tunas Information Line at (888)
872–8862 or (978) 281–9260 for updates
on quota monitoring and retention limit
adjustments. All BFT landed under the
Angling category quota must be reported
within 24 hours of landing to the NMFS
Automated Landings Reporting System
via toll-free phone at (888) 872–8862; or
the Internet https://
www.nmfspermits.com; or, if landed in
the states of North Carolina or
Maryland, to a reporting station prior to
offloading. Information about these state
harvest tagging programs, including
reporting station locations, can be
obtained in North Carolina by calling
(800) 338–7804, and in Maryland by
calling (410) 213–1531.
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33041
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. NOAA Fisheries published
proposed initial 2005 BFT specifications
(70 FR 14630) on March 23, 2005, and
solicited public comment through 4/18/
2005. NOAA Fisheries specifically
requested comment on options to
achieve the ICCAT recommended fouryear average 8 percent tolerance on
harvest of school BFT. Numerous
comments were received on this issue as
well as a wide range of topics, including
inseason management measures for the
General and Angling categories
throughout the 2005 fishing year. NOAA
Fisheries is in the process of publishing
the final initial specifications.
Since the end of the comment period
to the present day, the HMS
Management Division has continued to
receive more information refining its
understanding of both the commercial
and recreational sectors’ specific needs
regarding retention limits early in the
season. HMS staff recent calculations
from the specifications process show
that there is sufficient quota for an
increase in the General category
retention limit from the start of the
season. Prior experience from the past
several years also leads us to predict
that the General category season will
start slowly and an adjustment of the
retention limit will be necessary to
maximize fishing opportunities on the
June through August subquota and
minimize excessive rollovers of quota
into the October subquota category. The
data also show that a limited increase in
the angling retention limit is possible
for the recreational Charterboat fleet
while minimizing risks of exceeding the
ICCAT allocated quota and the school
limit recommendation.
Delays in increasing the retention
limits would adversely affect those
General and Charter/Headboat category
vessels that would otherwise have an
opportunity to harvest more than one
BFT per day and would further
exacerbate the problem of quota
rollovers, or lack of booked charters.
Limited opportunities to access the
respective quotas may have negative
social and economic impacts to U.S.
fishermen that either depend upon
catching the available quota within the
time periods designated in the HMS
FMP, or depend on multiple BFT
retention limits to attract individuals to
book charters. For both the General and
the recreational sectors, an adjustment
to the retention limits needs to be done
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as close to the start of the season on June
1 as possible for the impacted sectors to
benefit from the adjustment and for
fishermen who only have access to the
fishery at the beginning of the season to
not be precluded from early season
fishing opportunities.
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 (i.e., current, default
retention limit is one fish per vessel/trip
but this action relaxes that limit and
allows retention of more fish), there is
also good cause under 5 U.S.C. 553(d)
to waive the 30-day delay in
effectiveness.
This action is being taken under 50
CFR 635.23(a)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: June 1, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–11207 Filed 6–1–05; 5:02 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 041110317–4364–02; I.D.
053105F]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
SUMMARY: NMFS announces that it has
approved the request of the State of
North Carolina to transfer 82,774 lb
(37,546 kg) of commercial summer
flounder quota to the States of Maine,
Connecticut, New York, and Maryland,
and the Commonwealth of
Massachusetts, in accordance with the
Atlantic States Marine Fisheries
Commission (ASMFC) Addendum XV to
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan
(FMP). By this action, NMFS adjusts the
quotas and announces the revised
commercial quota for each state
involved.
Effective June 2, 2005 through
December 31, 2005, unless NMFS
publishes a superseding document in
the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Mike Ruccio, Fishery Management
Specialist, (978) 281–9104, FAX (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from North Carolina through Maine. The
process to set the annual commercial
quota and the percent allocated to each
state are described in § 648.100.
The ASMFC adopted Addendum XV
to the FMP in November 2004. The
Addendum is being implemented under
the adaptive management and
framework procedures that are part of
the FMP. Addendum XV establishes a
program, for 2005 and 2006, that
DATES:
allocates the increase in commercial
summer flounder quota (from the 2004
amount) differently than the existing
allocation scheme, in order to reduce
the amount of fish that must be
discarded as bycatch in the commercial
fishery in states with relatively low
summer flounder quotas. The transfer of
quota from donor states will allow
recipient states to marginally increase
trip limits, thereby decreasing the
amount of summer flounder discarded
at sea.
The final rule implementing
Amendment 5 to the FMP that was
published on December 17, 1993 (58 FR
65936), provided a mechanism for
summer flounder quota to be transferred
from one state to another. Two or more
states, under mutual agreement and
with the concurrence of the
Administrator, Northeast Region, NMFS
(Regional Administrator), can transfer or
combine summer flounder commercial
quota under § 648.100(d). The Regional
Administrator is required to consider
the criteria set forth in § 648.100(d)(3) in
the evaluation of requests for quota
transfers or combinations. The Regional
Administrator has reviewed those
criteria and approved the quota transfer
requests submitted by the State of North
Carolina.
Consistent with Addendum XV, North
Carolina, a designated ‘‘donor state,’’
has voluntarily employed the quota
transfer provisions of the FMP to
transfer a total of 82,774 lb (37,546 kg)
to be allocated as follows: Maine 1,639
lb (743 kg); Connecticut 22,917 lb
(10,395 kg); New York 17,085 lb (7,750
kg); Maryland 23,153 lb (10,502 kg); and
Massachusetts--17,980 lb (8,156 kg) (see
Table 1).
TABLE 1. SUMMER FLOUNDER COMMERCIAL QUOTA TRANSFERS
2005 Quota1
Amount Transferred
State
lb
North Carolina
Maine
Massachusetts
Connecticut
New York
Maryland
1
-82,774
1,639
17,980
22,917
17,085
23,153
kg
lb
-37,546
743
8,156
10,395
7,750
10,502
2005 Revised Quota
kg
4,680,519
9,820
1,191,519
423,396
1,387,434
365,381
2,123,089
4,454
540,473
192,052
629,336
165,737
lb
4,597,745
11,459
1,209,499
446,313
1,404,519
388,534
kg
2,085,537
5,198
548,629
202,448
637,090
176,239
Reflects quotas as published on May 24, 2005 (70 FR 29645), inclusive of previous Addendum XV and ‘‘safe harbor’’ transfers.
Authority: 16 U.S.C. 1801 et seq.
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under E.O. 12866.
Dated: June 1, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–11289 Filed 6–2–05; 2:30 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Pages 33039-33042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11207]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 052405D]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT)
General and Charter/Headboat Permit category daily retention limits
should be adjusted for the 2005 fishing year, which begins on June 1,
2005 and ends May 31, 2006. The adjustment will allow maximum
utilization of the General category June through August time-period
subquota, and will enhance recreational BFT fishing opportunities
aboard Charter/Headboat vessels in the early portion of the season.
Therefore, NMFS increases the daily BFT retention limits to provide
enhanced commercial General category
[[Page 33040]]
and recreational Charter/Headboat fishing opportunities in all areas
without risking overharvest of the General and Angling category quotas.
The final initial 2005 BFT Specifications and General category effort
controls are provided in a separate Federal Register document.
DATES: The effective dates for the BFT daily retention limits are
provided in Table 1 under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Brad McHale, 978-281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery Conservation and Management Act (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
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories.
Daily Retention Limits
Table 1.--Effective Dates
------------------------------------------------------------------------
BFT size class
Permit category Effective dates Areas limit
------------------------------------------------------------------------
General.................. June 1 through All....... One BFT per
June 5, 2005, vessel per day/
inclusive. trip,
measuring 73
inches (185
cm) curved
fork length
(CFL) or
larger.
June 6 through All....... Two BFT per
August 31, vessel per day/
2005, inclusive. trip,
measuring 73
inches (185
cm) curved
fork length
(CFL) or
larger.
September 1, All....... One BFT per
2005, through vessel per day/
January 31, trip,
2006, inclusive. measuring 73
inches (185)
CFL or larger.
Charter/Headboat......... June 1-16, 2005, All....... One BFT per
inclusive. vessel per day/
trip,
measuring 27
to less than
73 inches (69
to less than
185 cm) CFL.
June 17 through All....... Three BFT per
July 31, 2005, vessel per day/
inclusive. trip,
measuring 27
to less than
73 inches (69
to less than
185 cm) CFL.
Of the three
BFT, a maximum
of two BFT are
allowed per
vessel per day/
trip measuring
27 to less
than 47 inches
(69 to less
that 119 cm)
CFL.
August 1, 2005, All....... One BFT per
through May 31, vessel per day/
2006, inclusive. trip,
measuring 27
to less than
73 inches (69
to less than
185 cm) CFL.
Angling.................. June 1, 2005, All....... One BFT per
through May 31, vessel per day/
2006, inclusive. trip,
measuring 27
to less than
73 inches (69
to less than
185 cm) CFL.
------------------------------------------------------------------------
Adjustment of General Category Daily Retention Limits
Under 50 CFR 635.23(a)(4), NOAA Fisheries may increase or decrease
the General category daily retention limit of large medium and giant
BFT over a range from zero (on Restricted Fishing Days) to a maximum of
three per vessel to allow for maximum utilization of the quota for BFT.
Starting on June 1, 2005, the default commercial General category daily
retention limit at 50 CFR 635.23(a)(2), will apply at one large medium
or giant BFT (measuring 73 inches curved fork length (CFL)) or greater
per vessel per day/trip. This retention limit applies to permitted HMS
Charter/Headboat vessels (when commercially fishing under the General
category) and General category permitted vessels.
NOAA Fisheries has been continuing to receive information from
fishermen regarding the start of the season and requests for an
increase of the retention limit in the General category starting as
close as possible to the start of the fishery on June 1 and for
increased recreational Charterboat limits mid June to end of July.
Fishermen have indicated that, if the action is not conducted
expeditiously, at the opening of the season, then a subsector of
General category fishermen (particularly in northern New England) will
lose the opportunity to enjoy the increased fishing opportunities while
the fish are briefly offshore in the Gulf of Maine and northern New
England fishing areas.
Therefore, NOAA Fisheries adjusts the General category daily
retention limit June 6 through August 31, 2005, inclusive, to two large
medium or giant BFT, measuring 73 inches (185 cm) CFL or greater, per
vessel per day/trip. The default retention limit of one BFT greater
than 73 inches will apply through June 5, 2005 inclusive, and the
retention limit will revert back to the default on September 1, 2005.
It is highly likely that with a combination of the default bag limit of
one BFT starting on September 1, 2005, and the large amount of General
category quota, that there will be sufficient quota for a full general
category season extending into the winter months and for southern area
fishermen on an order of magnitude of recent prior years.
Adjustment of HMS Charter/Headboat Permit Category Daily Retention
Limits
Starting on June 1, 2005, the default recreational daily retention
limit at 50 CFR 635.23(b), will apply at one school, large school or
small medium BFT (measuring 27 inches to less than 73 inches curved
fork length (CFL)) per vessel per day/trip. This retention limit
applies to permitted HMS Charter/Headboat vessels (when recreationally
fishing under the Angling category) and to HMS Angling permitted
vessels. These regulations also allow for adjustment to the daily
retention limit to provide for maximum utilization of the quota over
the longest possible period of time. NOAA Fisheries may increase or
decrease the retention limit for any size class BFT or change a vessel
trip limit to an angler limit or vice versa. Such adjustments to the
retention limits may be applied separately for persons aboard specific
vessel types, such as private vessels, headboats, and charter boats.
NOAA Fisheries has recently received more information from charter
operators and recreational industry leaders related to recreational BFT
fishing opportunities in the mid-Atlantic area. Among other matters,
NOAA Fisheries has learned about a tuna tournament starting on June 17,
2005, and concerns regarding how the default one BFT retention limit
might negatively impact charterboat operations early in the season
particularly in tournaments where higher limits will attract more
participants. Charterboat operators have requested an increased
retention limit, and expressed concern that a recreational retention
limit of less than three or four BFT per vessel per day/trip
[[Page 33041]]
does not provide reasonable fishing opportunities for charter/
headboats, which carry multiple fee-paying passengers. Fishermen have
also emphasized that an early season retention limit adjustment should
be announced as soon as possible so that Charterboat operators have
sufficient time to announce and plan the scheduling of trips. Another
consideration is the need to ensure the United States meets ICCAT's
recommendation regarding quota allocation and specifically regarding
the catch of school BFT to no more than eight percent by weight of the
total domestic landings quota over each four-consecutive-year period.
The 2005 fishing year is the third year in the current accounting
period. This multi-year block quota approach provides NOAA Fisheries
with the flexibility to enhance fishing opportunities and to collect
information on a broad range of BFT size classes.
Over the past several weeks HMS staff have received information
related to retention limit adjustments for a variety of recreational
fishing sectors along the entire Atlantic coast and for the duration of
the 2005 fishing year. HMS staff have considered this information as
well as issues raised at the HMS Advisory Panel meeting held in March
2005 and received from public comment on the proposed initial 2005 BFT
specifications (70 FR 14630, March 23, 2005). The final initial
specifications are currently in preparation and take into account
recently available estimates of total recreational landings from the
2004 fishing year. These analyses show that a modest increase in the
daily retention limit, of limited duration, is feasible without risking
overharvest of available quota for the early part of the 2005
recreational season.
Thus, NOAA Fisheries adjusts the daily BFT retention limit, in all
areas, for vessels permitted in the HMS Charter/Headboat category,
effective June 17 through July 31, 2005, inclusive, to three BFT per
vessel per day/trip, consisting of BFT measuring 27 to less than 73
inches (69 to less than 185 cm) CFL in the school, large school, or
small medium size classes. Of the three BFT, a maximum of two school
BFT are allowed per vessel per day/trip, measuring 27 to less than 47
inches (69 to less than 119 cm) CFL.
Effective August 1, 2005, the default daily recreational retention
limit at 50 CFR 635.23(b) will apply in all areas, for all vessels
fishing under the recreational angling quota and regulations. However,
NOAA Fisheries is also aware of the needs of a late summer or September
Charterboat fishery and will consider the possibility of again
providing a modest retention limit adjustment closer to that time frame
based on several factors, including but not limited to, the landings
and quota data as well as other fishery information gathered from the
monitoring programs discussed below, experience of this early season
retention limit adjustment, information from fishermen and the public
regarding fishing opportunities, and the availability of migrating BFT.
For privately owned and operated recreational vessels, permitted in
the HMS Angling category, the daily recreational retention limit will
remain at one school, large school, or small medium BFT measuring 27 to
less than 73 inches (69 to less than 185 cm) CFL, per vessel per day/
trip effective June 1, 2005 through May 31, 2006, inclusive.
Monitoring and Reporting
NMFS selected the daily recreational retention limits and their
duration after examining previous fishing year catch and effort rates,
receiving public comment, and analyzing the available quota for the
2005 fishing year. NMFS will continue to monitor the BFT fishery
closely through dealer landing reports, the Automated Landings
Reporting System, state harvest tagging programs in North Carolina and
Maryland, and the Large Pelagics Survey. Depending on the level of
fishing effort and catch rates of BFT, NMFS may determine that
additional retention limit adjustments are necessary to ensure
available quota is not exceeded or, to enhance scientific data
collection from, and fishing opportunities in, all geographic areas.
Additionally, NMFS may determine that an allocation from the school BFT
reserve is warranted to further fishery management objectives.
Closures or subsequent adjustments to the daily retention limits,
if any, will be published in the Federal Register. In addition,
fishermen may call the Atlantic Tunas Information Line at (888) 872-
8862 or (978) 281-9260 for updates on quota monitoring and retention
limit adjustments. All BFT landed under the Angling category quota must
be reported within 24 hours of landing to the NMFS Automated Landings
Reporting System via toll-free phone at (888) 872-8862; or the Internet
https://www.nmfspermits.com; or, if landed in the states of North
Carolina or Maryland, to a reporting station prior to offloading.
Information about these state harvest tagging programs, including
reporting station locations, can be obtained in North Carolina by
calling (800) 338-7804, and in Maryland by calling (410) 213-1531.
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. NOAA
Fisheries published proposed initial 2005 BFT specifications (70 FR
14630) on March 23, 2005, and solicited public comment through 4/18/
2005. NOAA Fisheries specifically requested comment on options to
achieve the ICCAT recommended four-year average 8 percent tolerance on
harvest of school BFT. Numerous comments were received on this issue as
well as a wide range of topics, including inseason management measures
for the General and Angling categories throughout the 2005 fishing
year. NOAA Fisheries is in the process of publishing the final initial
specifications.
Since the end of the comment period to the present day, the HMS
Management Division has continued to receive more information refining
its understanding of both the commercial and recreational sectors'
specific needs regarding retention limits early in the season. HMS
staff recent calculations from the specifications process show that
there is sufficient quota for an increase in the General category
retention limit from the start of the season. Prior experience from the
past several years also leads us to predict that the General category
season will start slowly and an adjustment of the retention limit will
be necessary to maximize fishing opportunities on the June through
August subquota and minimize excessive rollovers of quota into the
October subquota category. The data also show that a limited increase
in the angling retention limit is possible for the recreational
Charterboat fleet while minimizing risks of exceeding the ICCAT
allocated quota and the school limit recommendation.
Delays in increasing the retention limits would adversely affect
those General and Charter/Headboat category vessels that would
otherwise have an opportunity to harvest more than one BFT per day and
would further exacerbate the problem of quota rollovers, or lack of
booked charters. Limited opportunities to access the respective quotas
may have negative social and economic impacts to U.S. fishermen that
either depend upon catching the available quota within the time periods
designated in the HMS FMP, or depend on multiple BFT retention limits
to attract individuals to book charters. For both the General and the
recreational sectors, an adjustment to the retention limits needs to be
done
[[Page 33042]]
as close to the start of the season on June 1 as possible for the
impacted sectors to benefit from the adjustment and for fishermen who
only have access to the fishery at the beginning of the season to not
be precluded from early season fishing opportunities.
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
(i.e., current, default retention limit is one fish per vessel/trip but
this action relaxes that limit and allows retention of more fish),
there is also good cause under 5 U.S.C. 553(d) to waive the 30-day
delay in effectiveness.
This action is being taken under 50 CFR 635.23(a)(4) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: June 1, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-11207 Filed 6-1-05; 5:02 pm]
BILLING CODE 3510-22-P
