Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 68752-68754 [06-9435]
Download as PDF
<![CDATA[
68752
Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02; I.D.
112006D]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic; Trip
Limit Reduction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
reduction.
AGENCY:
NMFS reduces the trip limit
in the commercial hook-and-line fishery
for king mackerel in the northern
Florida west coast subzone to 500 lb
(227 kg) of king mackerel per day in or
from the exclusive economic zone
(EEZ). This trip limit reduction is
necessary to protect the Gulf king
mackerel resource.
DATES: This rule is effective 12:01 a.m.,
local time, November 27, 2006, through
June 30, 2007, unless changed by further
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone 727–824–
5305, fax 727–824–5308, e-mail
steve.branstetter@noaa.gov.
SUMMARY:
The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, cero,
cobia, little tunny, and, in the Gulf of
Mexico only, dolphin and bluefish) is
managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
On April 27, 2000, NMFS
implemented the final rule (65 FR
16336, March 28, 2000) that divided the
Florida west coast subzone of the
eastern zone into northern and southern
subzones, and established their separate
quotas. The quota for the northern
Florida west coast subzone is 168,750 lb
(76,544 kg)(50 CFR
622.42(c)(1)(i)(A)(2)(ii)).
In accordance with 50 CFR
622.44(a)(2)(ii)(B), from the date that 75
mstockstill on PROD1PC61 with RULES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
13:50 Nov 27, 2006
Jkt 211001
percent of the northern Florida west
coast subzone’s quota has been
harvested until a closure of the
subzone’s fishery has been effected or
the fishing year ends, king mackerel in
or from the EEZ may be possessed on
board or landed from a permitted vessel
in amounts not exceeding 500 lb (227
kg) per day.
NMFS has determined that 75 percent
of the quota for Gulf group king
mackerel from the northern Florida west
coast subzone has been reached.
Accordingly, a 500–lb (227–kg) trip
limit applies to vessels in the
commercial fishery for king mackerel in
or from the EEZ in the northern Florida
west coast subzone effective 12:01 a.m.,
local time, November 27, 2006. The
500–lb (227–kg) trip limit will remain in
effect until the fishery closes or until the
end of the current fishing year (June 30,
2007), whichever occurs first.
The Florida west coast subzone is that
part of the eastern zone south and west
of 25° 20.4′ N. lat. (a line directly east
from the Miami-Dade County, FL,
boundary). The Florida west coast
subzone is further divided into northern
and southern subzones. The northern
subzone is that part of the Florida west
coast subzone that is between 26° 19.8′
N. lat. (a line directly west from the Lee/
Collier County, FL, boundary) and 87°
31′06″ W. long.(a line directly south
from the Alabama/Florida boundary).
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(3)(B) as such prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the rule itself
already has been subject to notice and
comment, and all that remains is to
notify the public of the closure, if
warranted. Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action in order to protect the fishery
since the capacity of the fishing fleet
allows for rapid harvest of the quota.
Prior notice and opportunity for public
comment will require time and would
potentially result in a harvest well in
excess of the established quota. For the
aforementioned reasons, the AA also
finds good cause to waive the 30–day
delay in the effectiveness of this action
under 5 U.S.C. 553(d)(3).
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 21, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 06–9439 Filed 11–22–06; 2:52 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[I.D. 112006C]
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 daily Atlantic bluefin tuna (BFT)
retention limits for the Atlantic tunas
General category should be adjusted to
provide reasonable opportunity to
harvest the General category December
time-period subquota. Therefore, NMFS
increases the daily BFT retention limits
for the entire month of December,
including previously scheduled
Restricted Fishing Days (RFDs), to
provide enhanced commercial General
category fishing opportunities in all
areas while minimizing the risk of an
overharvest of the General category BFT
quota.
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.
The 2006 BFT fishing year began on
June 1, 2006, and ends May 31, 2007.
The final initial 2006 BFT specifications
and General category effort controls
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations
were published on May 30, 2006 (71 FR
30619). These final specifications
divided the General category quota
among three subperiods (June through
August, the month of September, and
October through January) in accordance
with the Highly Migratory Species
Fishery Management Plan (1999 FMP)
published in 1999 (May 29, 1999; 64 FR
29090), and implementing regulations at
§ 635.27. The final initial 2006 BFT
specifications increased the General
category retention limit to three fish for
the June though August time-period, as
well as established the following
General category RFD schedule: all
Saturday and Sundays from November
18, 2006, through January 31, 2007, and
Thursday November 23, 2006, and
Monday December 25, 2006, inclusive.
Due to the large amount of available
quota and the low catch rates, NMFS
extended the three-fish retention limit
through September (71 FR 51529,
August 30, 2006), October (71 FR 58287,
October 3, 2006), and November (71 FR
64165, November 1, 2006) to enhance
fishing opportunities while minimizing
the risk of exceeding available quota.
Later, on October 2, 2006, NMFS
published a final rule (71 FR 58058)
implementing the Consolidated Highly
Migratory Species Fishery Management
Plan (HMS FMP). Contained in the HMS
68753
FMP is a revised General category timeperiod subquota allocation scheme that
has divided the coastwide General
category into the following five distinct
time-periods; June through August,
September, October through November,
December, and January of the following
year. The effective date of these timeperiods and their associated subquota
was November 1, 2006.
Daily Retention Limits
Pursuant to this action and the final
initial 2006 BFT specifications, noted
above, the daily BFT retention limits for
Atlantic tunas General category are as
follows:
TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS
Permit Category
Effective Dates
BFT Size Class Limit
November 1 - 30, 2006, inclusive
All
Three BFT per vessel per day/trip, measuring 73 inches (185 cm) curved fork
length (CFL) or larger
December 1 - 31, 2006, inclusive
All
Three BFT per vessel per day/trip, measuring 73 inches (185 cm) CFL or larger
January 1 - 31, 2007, inclusive
General
Areas
All
One BFT per vessel per day/trip, measuring 73 inches (185 cm) CFL or larger
mstockstill on PROD1PC61 with RULES
Adjustment of General Category Daily
Retention Limits
Under § 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 RFDs) to a maximum of
three per vessel to allow for a reasonable
opportunity to harvest the quota for
BFT. As part of the final specifications
on May 30, 2006 (71 FR 30619), NMFS
adjusted the commercial daily BFT
retention limit, in all areas, for those
vessels fishing under the General
category quota, to three large medium or
giant BFT, measuring 73 inches (185
cm) or greater curved fork length (CFL),
per vessel per day/trip. This retention
limit, which was to remain in effect
through August 31, 2006, inclusive, was
extended through September, October,
and November via separate actions
published in the Federal Register. From
December 1, 2006, through January 31,
2007, 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, September,
and October through November timeperiod subquota allocations for the 2006
fishing year total approximately 1,041.2
metric tons (mt). As of November 20,
2006, 103.9 mt have been landed in the
General category and catch rates are less
than 1.0 mt per day. If catch rates
VerDate Aug<31>2005
13:50 Nov 27, 2006
Jkt 211001
remain at current levels and December
RFDs remain as scheduled,
approximately 28.0 mt would be landed
through December 31, 2006. This
projection would bring the June through
December landings to approximately
131.9 mt, resulting in an underharvest
of approximately 909.3 mt. The October
2, 2006, final rule (71 FR 58058)
established stand-alone General
category time-periods for the months of
December and January. Each of these
time-periods are allocated a portion of
the coastwide General category, thereby
ensuring fishing opportunities are
provided in years where high catch rates
are experienced. The quota carryover
from the previous time-period
subquotas, combined with the December
time-period subquota allocation, would
allow for approximately 969.8 mt to be
harvested through December 31, 2006.
In combination with the subquota
rollover from previous time-periods,
scheduled RFDs, current catch rates,
and the daily retention limit reverting to
one large medium or giant BFT per
vessel per day on December 1, 2006,
NMFS anticipates the full December
time-period subquota will not be
harvested. Adding an excessive amount
of unused quota from one time-period
subquota to the subsequent time-period
subquota is undesirable because it
changes the time-period subquota
allocation percentages established in the
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
HMS FMP and may contribute to
excessive carry-overs to subsequent
fishing years. In the past, however, the
fishery has had the capability of
increasing landings rates dramatically in
winter months, particularly off southern
states. If the fishery was to perform at
these past levels with high landings
rates (although not witnessed during the
winter of 2005/2006), it may alleviate
concern of excessive roll-overs from one
fishing year to the next, but raises the
possibility of unprecedented, and
potentially unsustainable, catch rates
during the winter fishery.
The final initial 2006 BFT
specifications scheduled a number of
RFDs for the month of December,
including all Saturdays and Sundays, as
well as Monday December 25, 2006.
These RFDs were designed to provide
for an extended late season, south
Atlantic BFT fishery for the commercial
handgear fishermen in the General
category. For the reasons referred to
above, NMFS has determined that the
scheduled December RFDs are no longer
required to meet their original purpose,
and may in fact exacerbate low catch
rates. Therefore, NMFS determined that
an increase in the General category daily
BFT retention limit on those previously
established RFDs for the month of
December is warranted. NMFS has
selected these days in order to give
adequate advance notice to fishery
E:\FR\FM\28NOR1.SGM
28NOR1
mstockstill on PROD1PC61 with RULES
68754
Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations
participants. While catch rates have
continued to be low so far this season,
NMFS recognizes that they may increase
at any time late in the season. In order
to ensure equitable fishing opportunities
in all areas, NMFS has not waived the
RFDs scheduled in January at this time.
If catch rates continue to be low, some
or all of the remaining previously
scheduled RFDs may be waived as well.
Therefore, based on a review of dealer
reports, daily landing trends, available
quota, revised time-periods, 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
December 1 through December 31, 2006,
inclusive of previously scheduled RFDs
for the month of December, is
warranted. Thus, the General category
daily retention limit of three large
medium or giant BFT per vessel per
day/trip (see Table 1) is extended
through December 31, 2006, including
all Saturdays and Sundays of December
as well as Monday December 25, 2006.
From January 1 through January 31,
2007, inclusive, the General category
default daily BFT retention limit will be
one large medium or giant BFT per
vessel per day/trip will apply, unless
further action is taken.
NMFS anticipates that with a
combination of the default retention
limit starting on January 1, 2007, and
the large amount of General category
quota available, there will be sufficient
quota for the coastwide General category
season to extend through the winter
months and allow for a southern
Atlantic fishery to take place with
minimal risk of landings exceeding
available quota. However, to reduce the
risks of excessive landings rates
throughout January, NMFS has
determined it necessary to only extend
the three BFT daily retention limit for
the one month of December and will reexamine the need to further extend the
increased bag limit prior to the newly
established January time-period based
on landings rates and other fishery
information.
This adjustment is intended to
provide a reasonable opportunity to
harvest 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
VerDate Aug<31>2005
13:50 Nov 27, 2006
Jkt 211001
consistent with the objectives of the
HMS FMP.
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
annual specifications and inseason
management measures for the General
category received during the 2006 BFT
quota specifications rulemaking process,
and analyzing the available quota for the
2006 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.
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, or access
the internet at www.hmspermits.gov, for
updates on quota monitoring and
retention limit adjustments.
Classification
The Assistant Administrator for
NMFS (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 for the following reasons:
NMFS has recently become aware of
increased availability of large medium
and giant BFT off southern Atlantic
fishing grounds from fishing reports and
landings data from dealers. This
increase in abundance provides the
potential to increase General category
landings rates if fishery participants are
authorized to harvest three large
medium or giant BFT per day. Although
landings to date have been low (i.e., less
than one mt per day) there is the
potential for increased availability of
BFT during the winter to allow for an
increase in fishery landing rates. The
regulations implementing the HMS FMP
provide for inseason retention limit
adjustments to respond to the
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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,
including waiving previously scheduled
RFDs in the month of December, is also
necessary to avoid excessive quota
rollovers to subsequent General category
time-period subquotas. Affording prior
notice and opportunity for public
comment to implement these retention
limits is impracticable as it would
preclude NMFS from acting promptly to
allow harvest of BFT that are still
available on the fishing grounds.
Analysis of available data shows that
the General category BFT retention limit
may be increased for the Atlantic tuna
General and HMS Charter/Headboat
permit holders with minimal risks of
exceeding the International Commission
for the Conservation of Atlantic Tunas
allocated quota.
Delays in increasing the retention
limits would be contrary to the public
interest. Limited opportunities to
harvest 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, the
retention limits must be adjusted as
expeditiously as possible so the
impacted sectors can 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 increases 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: November 22, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 06–9435 Filed 11–22–06; 2:52 pm]
BILLING CODE 3510–22–S
E:\FR\FM\28NOR1.SGM
28NOR1
]]>Agencies
[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Rules and Regulations]
[Pages 68752-68754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9435]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 112006C]
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 daily Atlantic bluefin tuna (BFT)
retention limits for the Atlantic tunas General category should be
adjusted to provide reasonable opportunity to harvest the General
category December time-period subquota. Therefore, NMFS increases the
daily BFT retention limits for the entire month of December, including
previously scheduled Restricted Fishing Days (RFDs), to provide
enhanced commercial General category fishing opportunities in all areas
while minimizing the risk of an overharvest of the General category BFT
quota.
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.
The 2006 BFT fishing year began on June 1, 2006, and ends May 31,
2007. The final initial 2006 BFT specifications and General category
effort controls
[[Page 68753]]
were published on May 30, 2006 (71 FR 30619). These final
specifications divided the General category quota among three
subperiods (June through August, the month of September, and October
through January) in accordance with the Highly Migratory Species
Fishery Management Plan (1999 FMP) published in 1999 (May 29, 1999; 64
FR 29090), and implementing regulations at Sec. 635.27. The final
initial 2006 BFT specifications increased the General category
retention limit to three fish for the June though August time-period,
as well as established the following General category RFD schedule: all
Saturday and Sundays from November 18, 2006, through January 31, 2007,
and Thursday November 23, 2006, and Monday December 25, 2006,
inclusive. Due to the large amount of available quota and the low catch
rates, NMFS extended the three-fish retention limit through September
(71 FR 51529, August 30, 2006), October (71 FR 58287, October 3, 2006),
and November (71 FR 64165, November 1, 2006) to enhance fishing
opportunities while minimizing the risk of exceeding available quota.
Later, on October 2, 2006, NMFS published a final rule (71 FR 58058)
implementing the Consolidated Highly Migratory Species Fishery
Management Plan (HMS FMP). Contained in the HMS FMP is a revised
General category time-period subquota allocation scheme that has
divided the coastwide General category into the following five distinct
time-periods; June through August, September, October through November,
December, and January of the following year. The effective date of
these time-periods and their associated subquota was November 1, 2006.
Daily Retention Limits
Pursuant to this action and the final initial 2006 BFT
specifications, noted above, the daily BFT retention limits for
Atlantic tunas General category are as follows:
Table 1. Effective dates for retention limit adjustments
------------------------------------------------------------------------
BFT Size Class
Permit Category Effective Dates Areas Limit
------------------------------------------------------------------------
General November 1 [dash] All Three BFT per
30, 2006, vessel per day/
inclusive trip, measuring 73
inches (185 cm)
curved fork length
(CFL) or larger
---------------------------------------------------
December 1 [dash] All Three BFT per
31, 2006, vessel per day/
inclusive trip, measuring 73
inches (185 cm)
CFL or larger
---------------------------------------------------
January 1 [dash] All One BFT per vessel
31, 2007, per day/trip,
inclusive measuring 73
inches (185 cm)
CFL or larger
------------------------------------------------------------------------
Adjustment of General Category Daily Retention Limits
Under Sec. 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 RFDs) to a maximum of three per vessel to allow for
a reasonable opportunity to harvest the quota for BFT. As part of the
final specifications on May 30, 2006 (71 FR 30619), NMFS adjusted the
commercial daily BFT retention limit, in all areas, for those vessels
fishing under the General category quota, to three large medium or
giant BFT, measuring 73 inches (185 cm) or greater curved fork length
(CFL), per vessel per day/trip. This retention limit, which was to
remain in effect through August 31, 2006, inclusive, was extended
through September, October, and November via separate actions published
in the Federal Register. From December 1, 2006, through January 31,
2007, 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, September, and October through November
time-period subquota allocations for the 2006 fishing year total
approximately 1,041.2 metric tons (mt). As of November 20, 2006, 103.9
mt have been landed in the General category and catch rates are less
than 1.0 mt per day. If catch rates remain at current levels and
December RFDs remain as scheduled, approximately 28.0 mt would be
landed through December 31, 2006. This projection would bring the June
through December landings to approximately 131.9 mt, resulting in an
underharvest of approximately 909.3 mt. The October 2, 2006, final rule
(71 FR 58058) established stand-alone General category time-periods for
the months of December and January. Each of these time-periods are
allocated a portion of the coastwide General category, thereby ensuring
fishing opportunities are provided in years where high catch rates are
experienced. The quota carryover from the previous time-period
subquotas, combined with the December time-period subquota allocation,
would allow for approximately 969.8 mt to be harvested through December
31, 2006. In combination with the subquota rollover from previous time-
periods, scheduled RFDs, current catch rates, and the daily retention
limit reverting to one large medium or giant BFT per vessel per day on
December 1, 2006, NMFS anticipates the full December time-period
subquota will not be harvested. Adding an excessive amount of unused
quota from one time-period subquota to the subsequent time-period
subquota is undesirable because it changes the time-period subquota
allocation percentages established in the HMS FMP and may contribute to
excessive carry-overs to subsequent fishing years. In the past,
however, the fishery has had the capability of increasing landings
rates dramatically in winter months, particularly off southern states.
If the fishery was to perform at these past levels with high landings
rates (although not witnessed during the winter of 2005/2006), it may
alleviate concern of excessive roll-overs from one fishing year to the
next, but raises the possibility of unprecedented, and potentially
unsustainable, catch rates during the winter fishery.
The final initial 2006 BFT specifications scheduled a number of
RFDs for the month of December, including all Saturdays and Sundays, as
well as Monday December 25, 2006. These RFDs were designed to provide
for an extended late season, south Atlantic BFT fishery for the
commercial handgear fishermen in the General category. For the reasons
referred to above, NMFS has determined that the scheduled December RFDs
are no longer required to meet their original purpose, and may in fact
exacerbate low catch rates. Therefore, NMFS determined that an increase
in the General category daily BFT retention limit on those previously
established RFDs for the month of December is warranted. NMFS has
selected these days in order to give adequate advance notice to fishery
[[Page 68754]]
participants. While catch rates have continued to be low so far this
season, NMFS recognizes that they may increase at any time late in the
season. In order to ensure equitable fishing opportunities in all
areas, NMFS has not waived the RFDs scheduled in January at this time.
If catch rates continue to be low, some or all of the remaining
previously scheduled RFDs may be waived as well.
Therefore, based on a review of dealer reports, daily landing
trends, available quota, revised time-periods, 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 December 1
through December 31, 2006, inclusive of previously scheduled RFDs for
the month of December, is warranted. Thus, the General category daily
retention limit of three large medium or giant BFT per vessel per day/
trip (see Table 1) is extended through December 31, 2006, including all
Saturdays and Sundays of December as well as Monday December 25, 2006.
From January 1 through January 31, 2007, inclusive, the General
category default daily BFT retention limit will be one large medium or
giant BFT per vessel per day/trip will apply, unless further action is
taken.
NMFS anticipates that with a combination of the default retention
limit starting on January 1, 2007, and the large amount of General
category quota available, there will be sufficient quota for the
coastwide General category season to extend through the winter months
and allow for a southern Atlantic fishery to take place with minimal
risk of landings exceeding available quota. However, to reduce the
risks of excessive landings rates throughout January, NMFS has
determined it necessary to only extend the three BFT daily retention
limit for the one month of December and will re-examine the need to
further extend the increased bag limit prior to the newly established
January time-period based on landings rates and other fishery
information.
This adjustment is intended to provide a reasonable opportunity to
harvest 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.
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 annual specifications
and inseason management measures for the General category received
during the 2006 BFT quota specifications rulemaking process, and
analyzing the available quota for the 2006 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.
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, or access the internet at www.hmspermits.gov,
for updates on quota monitoring and retention limit adjustments.
Classification
The Assistant Administrator for NMFS (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 for
the following reasons:
NMFS has recently become aware of increased availability of large
medium and giant BFT off southern Atlantic fishing grounds from fishing
reports and landings data from dealers. This increase in abundance
provides the potential to increase General category landings rates if
fishery participants are authorized to harvest three large medium or
giant BFT per day. Although landings to date have been low (i.e., less
than one mt per day) there is the potential for increased availability
of BFT during the winter to allow for an increase in fishery landing
rates. The regulations implementing the HMS FMP provide for inseason
retention limit adjustments 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, including waiving previously scheduled RFDs in the
month of December, is also necessary to avoid excessive quota rollovers
to subsequent General category time-period subquotas. Affording prior
notice and opportunity for public comment to implement these retention
limits is impracticable as it would preclude NMFS from acting promptly
to allow harvest of BFT that are still available on the fishing
grounds. Analysis of available data shows that the General category BFT
retention limit may be increased for the Atlantic tuna General and HMS
Charter/Headboat permit holders with minimal risks of exceeding the
International Commission for the Conservation of Atlantic Tunas
allocated quota.
Delays in increasing the retention limits would be contrary to the
public interest. Limited opportunities to harvest 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, the retention limits must be adjusted as
expeditiously as possible so the impacted sectors can 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 increases 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: November 22, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 06-9435 Filed 11-22-06; 2:52 pm]
BILLING CODE 3510-22-S
