Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 56595-56598 [05-19370]
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Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations
Alternative to Required Use of TEDs;
Termination
The AA, at any time, may withdraw
or modify this temporary authorization
to use tow time restrictions in lieu of
TEDs through publication of a notice in
the Federal Register, if necessary to
ensure adequate protection of
endangered and threatened sea turtles.
Under this procedure, the AA may
modify the affected area or impose any
necessary additional or more stringent
measures, including more restrictive
tow times, synchronized tow times, or
withdrawal of the authorization if the
AA determines that the alternative
authorized by this rule is not
sufficiently protecting turtles or no
longer needed. The AA may also
terminate this authorization if
information from enforcement, state
authorities, or NMFS indicates
compliance cannot be monitored
effectively. This authorization will
expire automatically on October 24,
2005, unless it is explicitly extended
through another notification published
in the Federal Register.
Classification
This action has been determined to be
not significant for purposes of Executive
Order 12866.
The AA has determined that this
action is necessary to respond to an
environmental situation to allow more
efficient fishing for shrimp, while
providing adequate protection for
endangered and threatened sea turtles
pursuant to the ESA and applicable
regulations.
Pursuant to 5 U.S.C. 553(b)(B), the AA
finds that there is good cause to waive
prior notice and opportunity to
comment on this rule. The AA finds that
unusually high amounts of debris are
creating special environmental
conditions that make trawling with
TED-equipped nets impracticable. Prior
notice and opportunity to comment are
impracticable and contrary to the public
interest in this instance because
providing notice and comment would
prevent the agency from providing the
affected industry relief from the effects
of Hurricane Katrina in a timely
manner.
The AA finds that unusually high
amounts of debris are creating special
environmental conditions that make
trawling with TED-equipped nets
impracticable. Many fishermen may be
unable to operate under these
conditions without an alternative to the
use of TEDs. Therefore, The AA finds
that there is good cause to waive the 30–
day delay in effective date pursuant to
5 U.S.C. 553(d)(3) to provide
alternatives to comply with the sea
turtle regulations in a timely manner.
For the reasons above, the AA finds that
this temporary rule should not be
subject to a 30–day delay in effective
date, pursuant to 5 U.S.C. 553(d)(1).
Since prior notice and an opportunity
for public comment are not required to
be provided for this action by 5 U.S.C.
553, or by any other law, the analytical
requirements of 5 U.S.C. 601 et seq. are
inapplicable.
The AA prepared an Environmental
Assessment (EA) for this rule. Copies of
the EA are available (see ADDRESSES).
Dated: September 23, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 05–19373 Filed 9–23–05; 2:14 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[I.D. 091405F]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason catch
limit adjustment.
AGENCY:
SUMMARY: NMFS has determined that
the daily retention limit for Atlantic
56595
bluefin tuna (BFT) in the General
category should be adjusted to allow
maximum utilization of the General
category October-January time period. In
addition, NMFS is prohibiting the
retention of school BFT less than 47
inches (119 cm) in the recreational
fishery for the remainder of the fishing
year 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).
Effective dates for BFT daily
retention limits are provided in Table 1
under SUPPLEMENTARY INFORMATION.
DATES:
FOR FURTHER INFORMATION CONTACT:
Dianne Stephan or Brad McHale, 978–
281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of ATCA and the MagnusonStevens Fishery Conservation and
Management Act 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. During the rulemaking for the
final initial 2005 BFT specifications and
General category effort controls that
were published on June 7, 2005 (70 FR
33033), NMFS specifically requested
comment on options related to a
recommendation of ICCAT regarding a
four-consecutive-year average 8 percent
landings limit for 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 Atlantic tunas General,
Highly Migratory Species (HMS)
Charter/Headboat, and HMS Angling
categories throughout the 2005 fishing
year.
Daily Retention Limits
Pursuant to this temporary 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
VerDate Aug<31>2005
Effective Dates
Areas
October 1, 2005, through January
31, 2006, inclusive
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All
Sfmt 4700
BFT Size Class Limit
Two BFT per vessel per day/trip,
measuring 73 inches (185 cm)
CFL or larger
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Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations
TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS—Continued
Permit Category
Effective Dates
Areas
BFT Size Class Limit
Charter/Headboat
October 1, 2005, through May
31, 2006, inclusive
All
One BFT per vessel per day/trip,
measuring 47 to less than 73
inches (119 to less than 185 cm)
CFL
Angling
October 1, 2005, through May
31, 2006, inclusive
All
One BFT per vessel per day/trip,
measuring 47 to less than 73
inches (119 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
(RFDs)) 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 remained in effect
through August 31, 2005, inclusive.
Because of low catch rates during the
previous time-period, on August 18,
2005 (70 FR 48490), NMFS again
adjusted the General category retention
limit to two large medium or giant BFT
per vessel per day/trip for the month of
September. On October 1, 2005, the
General category retention limit is
scheduled to revert to the default limit
of one large medium or giant BFT per
vessel per day/trip.
Catch rates have remained low
through August and early September
2005. The total quota allocated to the
June-August and September timeperiods for the 2005 fishing year was
808.5 metric tons (mt). As of September
1, 2005, 59.9 mt have been landed in the
General category, which equates to an
estimated catch rate of approximately
0.5 mt per day. In combination with the
previous subquota rollover from the
June-August time-period and current
catch rates, NMFS anticipates the full
adjusted September time-period
subquota of 748.6 mt will not be
harvested, which would result in a large
rollover of quota into the October
through January time-period. The initial
subquota for the October through
January time-period was established in
the initial 2005 BFT fishery
specifications as 89.8 mt.
Therefore, based on a review of dealer
reports, daily landing trends, available
VerDate Aug<31>2005
15:14 Sep 27, 2005
Jkt 205001
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
October 1, 2005, through January 31,
2006, 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 January 31, 2006. It is
highly likely that the combination of the
amount of General category quota
available and the RFDs scheduled to
begin in November will allow the
coastwide General category season to
extend into January, 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 1999 Fishery Management Plan for
Atlantic Tunas, Swordfish, and Sharks
(1999 FMP).
Adjustment of HMS Charter/Headboat
and Angling 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
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Sfmt 4700
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 50 CFR 635.23
set the daily recreational retention
limits for BFT and allow for adjustments
of the retention limits to use/extend 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 vessel 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.
On August 18, 2005 (70 FR 48490),
NMFS announced an increase in the
Charter/Headboat retention limit
beginning on September 1, 2005,
through September 30, 2005, 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
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Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations
allowed per vessel per day/trip,
measuring 27 to less than 47 inches (69
to less than 119 cm) CFL. Starting on
October 1, 2005, the Charter/Headboat
category daily retention limit is
scheduled to revert to the default of one
BFT per vessel per day/trip, measuring
27 to less than 73 inches (69 to less than
185 cm) CFL in the school, large school,
or small medium size classes.
The default Angling category
retention limit of one BFT per vessel per
day/trip, measuring 27 to less than 73
inches (69 to less than 185 cm) CFL in
the school, large school, or small
medium size classes, as established at
50 CFR 635.23(b)(2)(ii), has been in
effect for private vessels since the
season began on June 1, 2005.
NMFS has received recent
information indicating high catches and
catch rates of school BFT. As indicated
in the proposed initial BFT 2005 fishing
year specifications (March 23, 2005; 70
FR 14630), school BFT landings were
approximately 9.3 percent of the base
quota for 2003 and preliminary
estimates for 2004 appear to be
approximately 12.5 percent. Since 2005
is the third year in the accounting for
the ICCAT recommended fourconsecutive-year average 8 percent
landings limit of school BFT, NMFS has
determined it is necessary to take action
to avoid exceeding the ICCAT 8 percent
landings limit.
Thus, based on available quota, BFT
availability on the fishing grounds,
current recreational BFT catch
information derived from the Maryland
BFT tagging program and Automated
Landing Reporting System (ALRS), and
historical information regarding fish
migration patterns, NMFS has
determined that a prohibition on the
retention of school fish sized 27 inches
to less than 47 inches CFL (69 to less
than 119 cm) for both HMS Charter/
Headboat and Angling category
permitted vessels is warranted. NMFS
adjusts the daily BFT retention limit, in
all areas, for vessels permitted in the
HMS Charter/Headboat and HMS
Angling categories, effective October 1,
2005, through May 31, 2006, inclusive,
to one BFT per vessel per day/trip
measuring 47 to less than 73 inches (119
to less than 185 cm) CFL in the large
school or small medium size classes.
Monitoring and Reporting
NMFS selected the daily retention
limits and their duration after
examining current and previous fishing
year catch and effort rates, analyzing the
available quota for the 2005 fishing year,
and taking into consideration public
comment on the options to achieve the
ICCAT recommended four-consecutive-
VerDate Aug<31>2005
15:14 Sep 27, 2005
Jkt 205001
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.
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 fishing grounds.
This increase in abundance provides the
potential to increase General category
landings rates if participants are
authorized to harvest two large medium
or giant BFT per day. The regulations
implementing the 1999 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 to allow
maximum utilization of the U.S.
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
56597
domestic bluefin tuna quota as required
by ATCA.
Delays in increasing the General
category 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 could hinder
full utilization of the U.S. domestic BFT
quota. Limited opportunities to access
the General category quota may have
negative social and economic impacts to
U.S. fishermen that either depend on
catching the available quota or depend
on multiple BFT retention limits to
attract individuals to book charters. For
both the General and the HMS Charter/
Headboat sectors, the retention limits
should be adjusted as expeditiously as
possible for the affected sectors to
benefit from the adjustment.
In order to avoid exceeding the ICCAT
school size category landings limit,
NMFS needs to act promptly to prohibit
retention of school BFT by HMS
Angling and HMS Charter/Headboat
category fishermen. Recent information
available to NMFS indicates high
catches and catch rates of school BFT
occurring on the fishing grounds. A
prohibition on harvest of school fish,
with continued access to a school catchand-release fishery and harvest of large
school and small medium size
categories for the HMS Angling and
Charter/Headboat categories, will
balance concerns regarding continued
utilization of available quota in the
HMS Angling category, while reducing
the risk of exceeding the ICCAT school
size category landings limit
recommendation.
A delay in prohibiting the landing of
school BFT could result in school
landings in excess of the 2005 school
quota, which could ultimately risk
exceeding the ICCAT recommendation
on the four-consecutive-year average 8
percent landings limit of school BFT.
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 a portion of this action
relieves a restriction (i.e., General
category default retention limit of one
fish per vessel/trip is relaxed to allow
retention of two 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.
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Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations
Dated: September 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–19370 Filed 9–23–05; 2:14 pm]
BILLING CODE 3510–22–S
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15:14 Sep 27, 2005
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]]>Agencies
[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Rules and Regulations]
[Pages 56595-56598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19370]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 091405F]
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 catch limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the daily retention limit for
Atlantic bluefin tuna (BFT) in the General category should be adjusted
to allow maximum utilization of the General category October-January
time period. In addition, NMFS is prohibiting the retention of school
BFT less than 47 inches (119 cm) in the recreational fishery for the
remainder of the fishing year 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).
DATES: Effective dates for BFT daily retention limits are provided in
Table 1 under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Dianne Stephan or Brad McHale, 978-
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of ATCA and the Magnuson-Stevens Fishery Conservation and Management
Act 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. During the rulemaking for
the final initial 2005 BFT specifications and General category effort
controls that were published on June 7, 2005 (70 FR 33033), NMFS
specifically requested comment on options related to a recommendation
of ICCAT regarding a four-consecutive-year average 8 percent landings
limit for 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 Atlantic tunas General, Highly Migratory
Species (HMS) Charter/Headboat, and HMS Angling categories throughout
the 2005 fishing year.
Daily Retention Limits
Pursuant to this temporary 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 October 1, 2005, All Two BFT per
through January vessel per day/
31, 2006, trip, measuring
inclusive 73 inches (185
cm) CFL or
larger
------------------------------------------------------------------------
[[Page 56596]]
Charter/Headboat October 1, 2005, All One BFT per
through May 31, vessel per day/
2006, inclusive trip, measuring
47 to less than
73 inches (119
to less than
185 cm) CFL
------------------------------------------------------------------------
Angling October 1, 2005, All One BFT per
through May 31, vessel per day/
2006, inclusive trip, measuring
47 to less than
73 inches (119
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 (RFDs)) 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 remained in effect through August 31,
2005, inclusive. Because of low catch rates during the previous time-
period, on August 18, 2005 (70 FR 48490), NMFS again adjusted the
General category retention limit to two large medium or giant BFT per
vessel per day/trip for the month of September. On October 1, 2005, the
General category retention limit is scheduled to revert to the default
limit of one large medium or giant BFT per vessel per day/trip.
Catch rates have remained low through August and early September
2005. The total quota allocated to the June-August and September time-
periods for the 2005 fishing year was 808.5 metric tons (mt). As of
September 1, 2005, 59.9 mt have been landed in the General category,
which equates to an estimated catch rate of approximately 0.5 mt per
day. In combination with the previous subquota rollover from the June-
August time-period and current catch rates, NMFS anticipates the full
adjusted September time-period subquota of 748.6 mt will not be
harvested, which would result in a large rollover of quota into the
October through January time-period. The initial subquota for the
October through January time-period was established in the initial 2005
BFT fishery specifications as 89.8 mt.
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 October 1, 2005, through
January 31, 2006, 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 January 31, 2006. It is
highly likely that the combination of the amount of General category
quota available and the RFDs scheduled to begin in November will allow
the coastwide General category season to extend into January, 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 1999 Fishery Management Plan for Atlantic Tunas, Swordfish, and
Sharks (1999 FMP).
Adjustment of HMS Charter/Headboat and Angling 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 50 CFR
635.23 set the daily recreational retention limits for BFT and allow
for adjustments of the retention limits to use/extend 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 vessel 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. On August 18, 2005 (70 FR 48490), NMFS announced
an increase in the Charter/Headboat retention limit beginning on
September 1, 2005, through September 30, 2005, 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
[[Page 56597]]
allowed per vessel per day/trip, measuring 27 to less than 47 inches
(69 to less than 119 cm) CFL. Starting on October 1, 2005, the Charter/
Headboat category daily retention limit is scheduled to revert to the
default of one BFT per vessel per day/trip, measuring 27 to less than
73 inches (69 to less than 185 cm) CFL in the school, large school, or
small medium size classes.
The default Angling category retention limit of one BFT per vessel
per day/trip, measuring 27 to less than 73 inches (69 to less than 185
cm) CFL in the school, large school, or small medium size classes, as
established at 50 CFR 635.23(b)(2)(ii), has been in effect for private
vessels since the season began on June 1, 2005.
NMFS has received recent information indicating high catches and
catch rates of school BFT. As indicated in the proposed initial BFT
2005 fishing year specifications (March 23, 2005; 70 FR 14630), school
BFT landings were approximately 9.3 percent of the base quota for 2003
and preliminary estimates for 2004 appear to be approximately 12.5
percent. Since 2005 is the third year in the accounting for the ICCAT
recommended four-consecutive-year average 8 percent landings limit of
school BFT, NMFS has determined it is necessary to take action to avoid
exceeding the ICCAT 8 percent landings limit.
Thus, based on available quota, BFT availability on the fishing
grounds, current recreational BFT catch information derived from the
Maryland BFT tagging program and Automated Landing Reporting System
(ALRS), and historical information regarding fish migration patterns,
NMFS has determined that a prohibition on the retention of school fish
sized 27 inches to less than 47 inches CFL (69 to less than 119 cm) for
both HMS Charter/Headboat and Angling category permitted vessels is
warranted. NMFS adjusts the daily BFT retention limit, in all areas,
for vessels permitted in the HMS Charter/Headboat and HMS Angling
categories, effective October 1, 2005, through May 31, 2006, inclusive,
to one BFT per vessel per day/trip measuring 47 to less than 73 inches
(119 to less than 185 cm) CFL in the large school or small medium size
classes.
Monitoring and Reporting
NMFS selected the daily retention limits and their duration after
examining current and previous fishing year catch and effort rates,
analyzing the available quota for the 2005 fishing year, and taking
into consideration public comment on the options to achieve the ICCAT
recommended four-consecutive-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. 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 fishing grounds. This increase in abundance
provides the potential to increase General category landings rates if
participants are authorized to harvest two large medium or giant BFT
per day. The regulations implementing the 1999 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 to allow maximum
utilization of the U.S. domestic bluefin tuna quota as required by
ATCA.
Delays in increasing the General category 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
could hinder full utilization of the U.S. domestic BFT quota. Limited
opportunities to access the General category quota may have negative
social and economic impacts to U.S. fishermen that either depend on
catching the available quota or depend on multiple BFT retention limits
to attract individuals to book charters. For both the General and the
HMS Charter/Headboat sectors, the retention limits should be adjusted
as expeditiously as possible for the affected sectors to benefit from
the adjustment.
In order to avoid exceeding the ICCAT school size category landings
limit, NMFS needs to act promptly to prohibit retention of school BFT
by HMS Angling and HMS Charter/Headboat category fishermen. Recent
information available to NMFS indicates high catches and catch rates of
school BFT occurring on the fishing grounds. A prohibition on harvest
of school fish, with continued access to a school catch-and-release
fishery and harvest of large school and small medium size categories
for the HMS Angling and Charter/Headboat categories, will balance
concerns regarding continued utilization of available quota in the HMS
Angling category, while reducing the risk of exceeding the ICCAT school
size category landings limit recommendation.
A delay in prohibiting the landing of school BFT could result in
school landings in excess of the 2005 school quota, which could
ultimately risk exceeding the ICCAT recommendation on the four-
consecutive-year average 8 percent landings limit of school BFT.
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 a portion of this action relieves a
restriction (i.e., General category default retention limit of one fish
per vessel/trip is relaxed to allow retention of two 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.
[[Page 56598]]
Dated: September 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-19370 Filed 9-23-05; 2:14 pm]
BILLING CODE 3510-22-S
