Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 48490-48493 [05-16386]
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations
foreseeable future throughout all or a
significant portion of its range. Given
the expanded range, number of newly
discovered population locations and
individuals, the increased knowledge of
the genetics of this species, and the
protection offered by State and Federal
landowners, we conclude, based on the
best scientific and commercial
information, that H. eggertii does not
warrant the protection of the Act.
Therefore, we are removing H. eggertii
from the Federal List of Endangered and
Threatened Plants.
Effect of This Rule
This rule will revise 50 CFR 17.12(h)
to remove Helianthus eggertii from the
List of Endangered and Threatened
Plants. Because no critical habitat was
ever designated for this species, this
rule will not affect 50 CFR 17.96.
Once this species is removed from the
List of Endangered and Threatened
Plants, Endangered Species Act
protection will no longer apply.
Removal of H. eggertii from the List of
Endangered and Threatened Plants will
relieve Federal agencies from the need
to consult with us to insure that any
action they authorize, fund, or carry out
is not likely to jeopardize the continued
existence of this species.
Post-Delisting Monitoring
The 1988 amendments to the Act
(section 4(g)(1)) require us to implement
a system, in cooperation with the States,
to monitor all species that have been
delisted due to recovery for at least 5
years following delisting. The purpose
of this post-delisting monitoring (PDM)
is to verify that a species that is delisted
due to recovery remains secure from the
risk of extinction after it no longer has
the protections of the Act. If the species
does not remain secure, we can use the
emergency listing authorities under
section 4(b)(7) of the Act. Section 4(g) of
the Act explicitly requires cooperation
with the States in development and
implementation of PDM programs.
However, we are responsible for
compliance with section 4(g) and must
remain actively engaged in all phases of
the PDM.
The Service has drafted a PDM plan
for Eggert’s sunflower and is making it
available for review and comment in a
separate notice in this issue of the
Federal Register (see the Notices section
of today’s Federal Register). Following
the end of the comment period, any
comments will be incorporated as
appropriate into the final PDM plan.
Paperwork Reduction Act of 1995
Office of Management and Budget
(OMB) regulations at 5 CFR 1320, which
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09:27 Aug 17, 2005
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implement provisions of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.),
require that Federal agencies obtain
approval from OMB before collecting
information from the public. This rule
does not contain any new collections of
information that require approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act. This rule will not impose
recordkeeping or reporting requirements
on State or local governments,
individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act
We have determined that we do not
need to prepare an Environmental
Assessment, as defined by the National
Environmental Policy Act of 1969, in
connection with regulations adopted
pursuant to section 4(a) of the
Endangered Species Act. We published
a notice outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244).
References Cited
Alabama Natural Heritage Database. 2003.
Alabama Natural Heritage Program,
Montgomery, Alabama.
Alabama Natural Heritage Database. 2004.
Alabama Natural Heritage Program,
Montgomery, Alabama.
Cruzan, M.B. 2002. Population and
Ecological Genetics of Helianthus eggertii
Report. Prepared for Arnold Engineering
Development Center at Arnold Air Force
Base.
Jones, R.L. 1991. Status report on Helianthus
eggertii. Prepared for the U.S. Fish and
Wildlife Service, Asheville Field Office,
through the Kentucky State Nature
Preserves Commission.
Kentucky Natural Heritage Database. 2003.
Kentucky State Nature Preserves
Commission, Frankfort, Kentucky.
Kentucky Natural Heritage Database. 2004.
Kentucky State Nature Preserves
Commission, Frankfort, Kentucky.
Spring, O., and E.E. Schilling. 1991. The
sesquiterpene lactone chemistry of
Helianthus Sect. Atrorubentes (Asteraceae:
Heliantheae). Biochemical Systematices
and Ecology 19:59–79.
Starnes, J.H. 2004. Effects of Management
and Population Size on Genetic Diversity
of Eggert’s Sunflower (Helianthus eggertii;
Asteraceae). Master Thesis. Western
Kentucky University. 62 pp.
Tennessee Natural Heritage Database. 2003.
Tennessee Department of Environment and
Conservation, Division of Natural Heritage,
Nashville, Tennessee.
Tennessee Natural Heritage Database. 2004.
Tennessee Department of Environment and
Conservation, Division of Natural Heritage,
Nashville, Tennessee.
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Fmt 4700
Sfmt 4700
U.S. Air Force. 2002. Barrens Management
Plan for Arnold Air Force Base. Tullahoma,
Tennessee. 63 pp.
U.S. Air Force. 2001. Eggert’s Sunflower
(Helianthus eggertii) Management Plan for
Arnold Air Force Base. Tullahoma,
Tennessee. 47 pp.
U.S. Fish and Wildlife Service. 1999a.
Recovery Plan for Helianthus eggertii
Small (Eggert’s sunflower). Atlanta,
Georgia. 40 pp.
U.S. Fish and Wildlife Service. 1999b.
Endangered and Threatened Wildlife and
Plants 50 CFR 17.11 and 17.12; As of
December 31, 1999. Special Reprint. U.S.
Government Printing Office. p. 56.
Author
The primary author of this proposed
rule is Timothy Merritt (see ADDRESSES
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
For the reasons given in the preamble,
we amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal
Regulations, as set forth below:
I
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
I
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
§ 17.12
[Amended]
2. Amend § 17.12(h) by removing the
entry ‘‘Helianthus eggertii’’ under
‘‘Flowering Plants’’ from the List of
Endangered and Threatened Plants.
I
Dated: July 20, 2005.
Marshall Jones,
Acting Director, Fish and Wildlife Service.
[FR Doc. 05–16274 Filed 8–17–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[I.D. 080405B]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations
Temporary rule; inseason
retention limit adjustment.
ACTION:
The effective dates for 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. The 2005 BFT fishing year began
on June 1, 2005, and ends May 31, 2006.
The final initial 2005 BFT specifications
and General category effort controls
were provided on June 7, 2005 (70 FR
33033). During this rulemaking, NMFS
specifically requested comment on
DATES:
SUMMARY: NMFS has determined that
the daily Atlantic bluefin tuna (BFT)
retention limits for the Atlantic tunas
General and Highly Migratory Species
(HMS) Charter/Headboat categories
should be adjusted. The adjustment will
allow maximum utilization of the
General category September time-period
subquota, and will enhance recreational
BFT fishing opportunities aboard HMS
Charter/Headboat vessels in the later
portion of the season. Therefore, NMFS
increases the daily BFT retention limits
to provide enhanced commercial
General category and recreational HMS
Charter/Headboat fishing opportunities
in all areas while minimizing the risk of
an overharvest of the General and
Angling category BFT quotas.
48491
options related to a recommendation of
the International Commission for the
Conservation of Atlantic Tunas (ICCAT)
regarding a 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 HMS
Charter/Headboat categories throughout
the 2005 fishing year. Section 635.27
subdivides the U.S. BFT quota
recommended by the ICCAT among the
various domestic fishing categories.
Daily Retention Limits
Pursuant to this action and the final
initial 2005 BFT specifications, noted
above, the daily BFT retention limits for
Atlantic tunas General, HMS Charter/
Headboat, and HMS Angling categories
are as follows:
TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS
Permit Category
General
Effective Dates
Areas
BFT Size Class Limit
August 1 through September 30,
2005, inclusive
All
One BFT per vessel per day/trip,
measuring 73 inches (185 cm)
CFL or larger
August 1 - 31, 2005, inclusive
All
One BFT per vessel per day/trip,
measuring 27 to less than 73
inches (69 to less than 185 cm)
CFL
September 1 - 30, 2005, inclusive
All
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
than 119 cm) CFL
October 1, 2005, through May
31, 2006, inclusive
All
One BFT per vessel per day/trip,
measuring 27 to less than 73
inches (119 to less than 185 cm)
CFL
June 1, 2005, through May 31,
2006, inclusive
Angling
Two BFT per vessel per day/trip,
measuring 73 inches (185 cm)
curved fork length (CFL) or larger
October 1, 2005, through January
31, 2006, inclusive
Charter/Headboat
All
All
One BFT per vessel per day/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), NMFS
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. On June 7, 2005 (70 FR
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33039), NMFS adjusted the commercial
daily BFT retention limit, in all areas,
for those vessels fishing under the
General category quota, to two large
medium or giant BFT, measuring 73
inches (185 cm) or greater curved fork
length (CFL), per vessel per day/trip.
This retention limit was to remain in
effect through August 31, 2005,
inclusive. From September 1, 2005,
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through January 31, 2006, inclusive, the
General category daily BFT retention
limit was scheduled to revert to one
large medium or giant BFT per vessel
per day/trip.
The June through August time-period
subquota allocation for the 2005 fishing
year totaled approximately 540 metric
tons (mt). As of August 5, 2005, 32.5 mt
have been landed in the General
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations
category and catch rates equal
approximately 0.5 mt per day. If catch
rates are to remain at current levels,
approximately 13 mt would be landed
during the remainder of August. This
projection would bring the June though
August time-period subquota landings
to approximately 45 mt, resulting in an
underharvest of approximately 500 mt.
This carryover combined with the
September time-period subquota
allocation of 270 mt would allow for
770 mt to be harvested in the month of
September. In combination with an
expected subquota rollover from the
June through August time-period, the
September time-period subquota
allocation, current catch rates, and the
daily retention limit reverting to one
large medium or giant BFT per vessel
per day on September 1, 2005, NMFS
anticipates the full September timeperiod subquota will not be harvested.
This could result in a potential
excessive rollover into the October
through January time-period. Adding an
excessive amount of unused quota from
one time-period subquota to the
subsequent time period subquota is
undesirable because it effectively
changes the time-period subquota
allocation percentages established in the
HMS Fishery Management Plan (FMP).
This issue has been discussed
extensively during public comment
periods for annual BFT quota
specification and during HMS Advisory
Panel meetings.
Therefore, based on a review of dealer
reports, daily landing trends, available
quota, and the availability of BFT on the
fishing grounds, NMFS has determined
that an increase in the General category
daily BFT retention limit effective from
September 1, 2005, through September
30, 2005, inclusive, is warranted. Thus,
the general category daily retention
limit of two large medium or giant BFT
per vessel per day/trip (see Table 1) will
be extended through September 30,
2005. Starting on October 1, 2005,
through January 31, 2006, inclusive, the
General category default daily BFT
retention limit of one large medium or
giant BFT per vessel per day/trip will
apply. It is highly likely that, with a
combination of the default retention
limit starting on October 1, 2005, and
the large amount of General category
quota available, there will be sufficient
quota for the coastwide General category
season to extend into the winter months
and allow for a southern Atlantic fishery
to take place on an order of magnitude
of prior years.
The intent of this adjustment is to
allow for maximum utilization of the
U.S. landings quota of BFT while
maintaining an equitable distribution of
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09:27 Aug 17, 2005
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fishing opportunities, to help achieve
optimum yield in the General category
BFT fishery, to collect a broad range of
data for stock monitoring purposes, and
to be consistent with the objectives of
the HMS FMP.
Adjustment of HMS Charter/Headboat
Permit Category Daily Retention Limits
A recommendation of ICCAT requires
that NMFS limit the catch of school
BFT, measuring 27 to less than 47
inches (69 to less than 119 cm) CFL, to
no more than 8 percent by weight of the
total domestic landings quota over each
four-consecutive-year period. NMFS is
implementing this ICCAT
recommendation through annual and
inseason adjustments to the school BFT
retention limits, as necessary, and
through the establishment of a school
BFT reserve (64 FR 29090, May 28,
1999; 64 FR 29806, June 3, 1999). The
ICCAT recommendation allows for
interannual adjustments for
overharvests and underharvests,
provided that the 8 percent landings
limit is not exceeded over the applicable
four-consecutive-year period. The 2005
fishing year is the third year in the
current accounting period. This multiyear block quota approach provides
NMFS with the flexibility to enhance
fishing opportunities and to collect
information on a broad range of BFT
size classes while minimizing the risk of
overharvest of the school size class.
Implementing regulations for the
Atlantic tuna fisheries at § 635.23 set the
daily recreational retention limits for
BFT and allow for adjustments to the
daily recreational retention limits in
order to provide for maximum
utilization of the Angling category quota
over the longest possible period of time.
NMFS 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 a specific
vessels type, such as private vessels,
headboats and charter boats.
On June 7, 2005 (70 FR 33039), NMFS
adjusted the daily recreational retention
limit, in all areas, for vessels permitted
in the HMS Charter/Headboat category,
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 were
allowed per vessel per day/trip,
measuring 27 to less than 47 inches (69
to less than 119 cm) CFL. This retention
limit remained in effect through July 31,
2005, inclusive. Starting on August 1,
2005, inclusive, the daily retention limit
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for vessels permitted in the HMS
Charter/Headboat category, reverted
back to one school, large school, or
small medium BFT, per vessel per day/
trip. This default daily retention limit
was scheduled to remain in place
through May 31, 2006, inclusive.
Based on available quota, historical
information regarding fish migration
patterns, BFT availability off the east
coast, particularly off the mid-Atlantic
states, and current recreational BFT
catch information derived from the
Maryland BFT tagging program and
Automated Landing Reporting System
(ALRS), NMFS has determined that a
modest increase in the daily retention
limit, of a limited duration, is
appropriate for HMS Charter/Headboat
permitted vessels. NMFS deemed this
modest increase as appropriate because
of concerns regarding how the default
one BFT retention limit might impact
charterboat operations late in the season
particularly where long distances must
be traveled to locate BFT as well as a
concern that a recreational retention
limit of less than three BFT per vessel
per day/trip may not provide reasonable
fishing opportunities for charter/
headboats, which carry multiple feepaying passengers. Thus, NMFS adjusts
the daily BFT retention limit, in all
areas, for vessels permitted in the HMS
Charter/Headboat category, effective
September 1, 2005, through September
30, 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 October 1, 2005, through
May 31, 2006, the default daily
recreational retention limit of 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 will apply in all areas, for
all vessels permitted in the HMS
Charter/Headboat category.
HMS Angling Category Daily Retention
Limits
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.
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Monitoring and Reporting
NMFS selected the daily retention
limits and their duration after
examining current and previous fishing
year catch and effort rates, taking into
consideration public comment on the
options to achieve the ICCAT
recommended four-year average 8
percent tolerance on harvest of school
BFT, and inseason management
measures for the General and HMS
Charter/Headboat categories received
during the 2005 BFT quota
specifications rulemaking process, and
analyzing the available quota for the
2005 fishing year. NMFS will continue
to monitor the BFT fishery closely
through dealer landing reports, the
ALRS, 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
ALRS via toll-free phone at (888) 872–
8862; or the Internet
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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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.
NMFS has recently become aware of
increased availability of large medium
and giant BFT on the New England
fishing grounds. This increase in
abundance provides the potential to
increase General category landings rates
for the New England fishery if
participants are authorized to harvest
two large medium or giant BFT per day.
Also, since the end of the 2005 BFT
specification comment period to the
present day, the HMS Management
Division has continued to receive more
information refining its understanding
of both the commercial and charter/
headboat sectors’ specific needs
regarding BFT retention limits. The
regulations implementing the HMS FMP
provide for inseason retention limit
adjustments in order to respond to the
unpredictable nature of BFT availability
on the fishing grounds, the migratory
nature of this species, and the regional
variations in the BFT fishery.
Adjustment of retention limits is also
necessary in order to avoid excessive
quota rollovers to subsequent General
category time-period subquotas.
Recreational size class BFT
traditionally start to migrate during the
early fall and are currently available in
the northern area. NMFS has already
provided a window of enhanced fishing
opportunities to HMS Charter/Headboat
vessels operating off the coast of midAtlantic states from mid-June through
July. In order to balance concerns
regarding continued utilization of
available quota with not exceeding
allotted amounts providing for
reasonable fishing opportunities along
the entire Atlantic coast, NMFS needs to
act promptly to provide enhanced
fishing opportunities to northern area
fishermen similar to those previously
provided to the mid-Atlantic area.
Preliminary recreational BFT data also
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48493
show that a limited increase in the
recreational BFT retention limit is
possible for the HMS Charter/Headboat
fleet while minimizing risks of
exceeding the ICCAT allocated quota
and the school limit recommendation.
Delays in increasing the retention
limits would be contrary to the public
interest. Such delays would adversely
affect those General and HMS 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, and/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 on
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 HMS Charter/Headboat sectors, an
adjustment to the retention limits needs
to be done as expeditiously as possible
for the impacted sectors to benefit from
the adjustment.
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: August 12, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–16386 Filed 8–15–05; 3:54 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 159 (Thursday, August 18, 2005)]
[Rules and Regulations]
[Pages 48490-48493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16386]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 080405B]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 48491]]
ACTION: Temporary rule; inseason retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the daily Atlantic bluefin tuna (BFT)
retention limits for the Atlantic tunas General and Highly Migratory
Species (HMS) Charter/Headboat categories should be adjusted. The
adjustment will allow maximum utilization of the General category
September time-period subquota, and will enhance recreational BFT
fishing opportunities aboard HMS Charter/Headboat vessels in the later
portion of the season. Therefore, NMFS increases the daily BFT
retention limits to provide enhanced commercial General category and
recreational HMS Charter/Headboat fishing opportunities in all areas
while minimizing the risk of an overharvest of the General and Angling
category BFT quotas.
DATES: The effective dates for 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. The 2005 BFT fishing year began on June 1, 2005, and ends May
31, 2006. The final initial 2005 BFT specifications and General
category effort controls were provided on June 7, 2005 (70 FR 33033).
During this rulemaking, NMFS specifically requested comment on options
related to a recommendation of the International Commission for the
Conservation of Atlantic Tunas (ICCAT) regarding a 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 HMS Charter/Headboat
categories throughout the 2005 fishing year. Section 635.27 subdivides
the U.S. BFT quota recommended by the ICCAT among the various domestic
fishing categories.
Daily Retention Limits
Pursuant to this action and the final initial 2005 BFT
specifications, noted above, the daily BFT retention limits for
Atlantic tunas General, HMS Charter/Headboat, and HMS Angling
categories are as follows:
Table 1. Effective dates for retention limit adjustments
------------------------------------------------------------------------
BFT Size Class
Permit Category Effective Dates Areas Limit
------------------------------------------------------------------------
General August 1 through All Two BFT per
September 30, vessel per day/
2005, inclusive trip, measuring
73 inches (185
cm) curved fork
length (CFL) or
larger
------------------------------------------------------
October 1, 2005, All One BFT per
through January vessel per day/
31, 2006, trip, measuring
inclusive 73 inches (185
cm) CFL or
larger
------------------------------------------------------------------------
Charter/Headboat August 1 - 31, All One BFT per
2005, inclusive vessel per day/
trip, measuring
27 to less than
73 inches (69
to less than
185 cm) CFL
------------------------------------------------------
September 1 - 30, All Three BFT per
2005, inclusive 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 than
119 cm) CFL
------------------------------------------------------
October 1, 2005, All One BFT per
through May 31, vessel per day/
2006, inclusive trip, measuring
27 to less than
73 inches (119
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), NMFS 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.
On June 7, 2005 (70 FR 33039), NMFS adjusted the commercial daily BFT
retention limit, in all areas, for those vessels fishing under the
General category quota, to two large medium or giant BFT, measuring 73
inches (185 cm) or greater curved fork length (CFL), per vessel per
day/trip. This retention limit was to remain in effect through August
31, 2005, inclusive. From September 1, 2005, through January 31, 2006,
inclusive, the General category daily BFT retention limit was scheduled
to revert to one large medium or giant BFT per vessel per day/trip.
The June through August time-period subquota allocation for the
2005 fishing year totaled approximately 540 metric tons (mt). As of
August 5, 2005, 32.5 mt have been landed in the General
[[Page 48492]]
category and catch rates equal approximately 0.5 mt per day. If catch
rates are to remain at current levels, approximately 13 mt would be
landed during the remainder of August. This projection would bring the
June though August time-period subquota landings to approximately 45
mt, resulting in an underharvest of approximately 500 mt. This
carryover combined with the September time-period subquota allocation
of 270 mt would allow for 770 mt to be harvested in the month of
September. In combination with an expected subquota rollover from the
June through August time-period, the September time-period subquota
allocation, current catch rates, and the daily retention limit
reverting to one large medium or giant BFT per vessel per day on
September 1, 2005, NMFS anticipates the full September time-period
subquota will not be harvested. This could result in a potential
excessive rollover into the October through January time-period. Adding
an excessive amount of unused quota from one time-period subquota to
the subsequent time period subquota is undesirable because it
effectively changes the time-period subquota allocation percentages
established in the HMS Fishery Management Plan (FMP). This issue has
been discussed extensively during public comment periods for annual BFT
quota specification and during HMS Advisory Panel meetings.
Therefore, based on a review of dealer reports, daily landing
trends, available quota, and the availability of BFT on the fishing
grounds, NMFS has determined that an increase in the General category
daily BFT retention limit effective from September 1, 2005, through
September 30, 2005, inclusive, is warranted. Thus, the general category
daily retention limit of two large medium or giant BFT per vessel per
day/trip (see Table 1) will be extended through September 30, 2005.
Starting on October 1, 2005, through January 31, 2006, inclusive, the
General category default daily BFT retention limit of one large medium
or giant BFT per vessel per day/trip will apply. It is highly likely
that, with a combination of the default retention limit starting on
October 1, 2005, and the large amount of General category quota
available, there will be sufficient quota for the coastwide General
category season to extend into the winter months and allow for a
southern Atlantic fishery to take place on an order of magnitude of
prior years.
The intent of this adjustment is to allow for maximum utilization
of the U.S. landings quota of BFT while maintaining an equitable
distribution of fishing opportunities, to help achieve optimum yield in
the General category BFT fishery, to collect a broad range of data for
stock monitoring purposes, and to be consistent with the objectives of
the HMS FMP.
Adjustment of HMS Charter/Headboat Permit Category Daily Retention
Limits
A recommendation of ICCAT requires that NMFS limit the catch of
school BFT, measuring 27 to less than 47 inches (69 to less than 119
cm) CFL, to no more than 8 percent by weight of the total domestic
landings quota over each four-consecutive-year period. NMFS is
implementing this ICCAT recommendation through annual and inseason
adjustments to the school BFT retention limits, as necessary, and
through the establishment of a school BFT reserve (64 FR 29090, May 28,
1999; 64 FR 29806, June 3, 1999). The ICCAT recommendation allows for
interannual adjustments for overharvests and underharvests, provided
that the 8 percent landings limit is not exceeded over the applicable
four-consecutive-year period. The 2005 fishing year is the third year
in the current accounting period. This multi-year block quota approach
provides NMFS with the flexibility to enhance fishing opportunities and
to collect information on a broad range of BFT size classes while
minimizing the risk of overharvest of the school size class.
Implementing regulations for the Atlantic tuna fisheries at Sec.
635.23 set the daily recreational retention limits for BFT and allow
for adjustments to the daily recreational retention limits in order to
provide for maximum utilization of the Angling category quota over the
longest possible period of time. NMFS 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 a specific vessels type,
such as private vessels, headboats and charter boats.
On June 7, 2005 (70 FR 33039), NMFS adjusted the daily recreational
retention limit, in all areas, for vessels permitted in the HMS
Charter/Headboat category, 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 were allowed per vessel
per day/trip, measuring 27 to less than 47 inches (69 to less than 119
cm) CFL. This retention limit remained in effect through July 31, 2005,
inclusive. Starting on August 1, 2005, inclusive, the daily retention
limit for vessels permitted in the HMS Charter/Headboat category,
reverted back to one school, large school, or small medium BFT, per
vessel per day/trip. This default daily retention limit was scheduled
to remain in place through May 31, 2006, inclusive.
Based on available quota, historical information regarding fish
migration patterns, BFT availability off the east coast, particularly
off the mid-Atlantic states, and current recreational BFT catch
information derived from the Maryland BFT tagging program and Automated
Landing Reporting System (ALRS), NMFS has determined that a modest
increase in the daily retention limit, of a limited duration, is
appropriate for HMS Charter/Headboat permitted vessels. NMFS deemed
this modest increase as appropriate because of concerns regarding how
the default one BFT retention limit might impact charterboat operations
late in the season particularly where long distances must be traveled
to locate BFT as well as a concern that a recreational retention limit
of less than three BFT per vessel per day/trip may not provide
reasonable fishing opportunities for charter/headboats, which carry
multiple fee-paying passengers. Thus, NMFS adjusts the daily BFT
retention limit, in all areas, for vessels permitted in the HMS
Charter/Headboat category, effective September 1, 2005, through
September 30, 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 October 1, 2005, through May 31, 2006, the default daily
recreational retention limit of 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 will apply in all areas, for all vessels
permitted in the HMS Charter/Headboat category.
HMS Angling Category Daily Retention Limits
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.
[[Page 48493]]
Monitoring and Reporting
NMFS selected the daily retention limits and their duration after
examining current and previous fishing year catch and effort rates,
taking into consideration public comment on the options to achieve the
ICCAT recommended four-year average 8 percent tolerance on harvest of
school BFT, and inseason management measures for the General and HMS
Charter/Headboat categories received during the 2005 BFT quota
specifications rulemaking process, and analyzing the available quota
for the 2005 fishing year. NMFS will continue to monitor the BFT
fishery closely through dealer landing reports, the ALRS, 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 ALRS via toll-free
phone at (888) 872-8862; or the Internet 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.
NMFS has recently become aware of increased availability of large
medium and giant BFT on the New England fishing grounds. This increase
in abundance provides the potential to increase General category
landings rates for the New England fishery if participants are
authorized to harvest two large medium or giant BFT per day. Also,
since the end of the 2005 BFT specification comment period to the
present day, the HMS Management Division has continued to receive more
information refining its understanding of both the commercial and
charter/headboat sectors' specific needs regarding BFT retention
limits. The regulations implementing the HMS FMP provide for inseason
retention limit adjustments in order to respond to the unpredictable
nature of BFT availability on the fishing grounds, the migratory nature
of this species, and the regional variations in the BFT fishery.
Adjustment of retention limits is also necessary in order to avoid
excessive quota rollovers to subsequent General category time-period
subquotas.
Recreational size class BFT traditionally start to migrate during
the early fall and are currently available in the northern area. NMFS
has already provided a window of enhanced fishing opportunities to HMS
Charter/Headboat vessels operating off the coast of mid-Atlantic states
from mid-June through July. In order to balance concerns regarding
continued utilization of available quota with not exceeding allotted
amounts providing for reasonable fishing opportunities along the entire
Atlantic coast, NMFS needs to act promptly to provide enhanced fishing
opportunities to northern area fishermen similar to those previously
provided to the mid-Atlantic area. Preliminary recreational BFT data
also show that a limited increase in the recreational BFT retention
limit is possible for the HMS Charter/Headboat fleet while minimizing
risks of exceeding the ICCAT allocated quota and the school limit
recommendation.
Delays in increasing the retention limits would be contrary to the
public interest. Such delays would adversely affect those General and
HMS 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, and/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 on 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
HMS Charter/Headboat sectors, an adjustment to the retention limits
needs to be done as expeditiously as possible for the impacted sectors
to benefit from the adjustment.
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: August 12, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-16386 Filed 8-15-05; 3:54 pm]
BILLING CODE 3510-22-S
