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 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 635
[I.D. 102606C]
 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  November  through  January time-period subquota. Therefore,  NMFS increases the daily BFT retention  limits for the entire month of November, including previous 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 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 
                    ( print page 64166)
                    well as established the following General category Restricted Fishing Day  (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)  and October  (71  FR  58287,  October  3, 2006) respectively to enhance fishing opportunities while minimizing the risk  of  exceeding  available quota. On October 2, 2006, NMFS published a final rule implementing  the Consolidated Highly Migratory Species Fishery Management Plan (HMS FMP) (71  FR  58058). 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  and  November,  December, and January of the following  year.  The effective  date of these time-periods  and  their  associated  subquota  is 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
Areas
BFT Size Class LimitGeneral
October  1,  2006, through October  31,  2006, inclusive
All
Three BFT per  vessel per day/trip, measuring  73  inches  (185  cm)  curved fork length (CFL) or largerNovember  1,  2006, through November 30, 2006, inclusive
All
Three BFT  per  vessel per  day/trip,  measuring  73  inches  (185 cm) curved fork length (CFL) or largerDecember  1,  2006,  through  January 31, 2007,  inclusive
All
One  BFT  per vessel per day/trip, measuring 73 inches (185 cm) CFL or larger
 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  and  October through separate  actions  filed  with  the 
                    **Federal Register**
                    . From November 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 soon to be effective October and November time-period subquota allocations  for  the 2006 fishing year total approximately 1,041.2 metric tons (mt). As of October  23,  2006,  94.5  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 RFDs remain as scheduled, approximately 29 mt would  be  landed through November 30, 2006. This projection would bring June though November  landings to approximately 123.5  mt,  resulting  in an underharvest of approximately  917.7  mt.  The October  2,  2006,  final rule  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 newly established December  and January time-period subquota allocations,  would  allow  for  approximately 1,039.8  mt  to be harvested through January 31, 2007. 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 November 1, 2006, NMFS anticipates the full October and November 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  effectively 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  the  latter  Fall and 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  November,  including  all  Saturdays  and Sundays, as well as Thursday  November 23, 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 November RFDs are no longer required to meet their original purpose,  and  may  in  fact exacerbate low catch rates. Therefore, NMFS determined an increase in the General category daily  BFT  retention limit on those previously established  RFDs  for  the month of November  is  warranted.  NMFS has selected these days in order to give adequate advance notice to fishery  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 December and January at this time.  If 
                    ( print page 64167)
                     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 November 1, 2006, through November 30, 2006, inclusive of  previously scheduled RFDs for the month of November, 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 November 30, 2006, including all Saturdays  and Sundays of November  as  well  as Thursday November 23, 2006. From December  1,  2006, 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  December  1,  2006, 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  December  and January, NMFS has determined  it necessary to only extend the three BFT daily  retention  limit  for the one month  of  November  and  will  re-examine  the need to further extend  the increased  bag  limit  prior  to  newly established  December  and  January time-periods 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  New  England  and 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 Fall  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  November,  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: October 26, 2006. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.


[FR Doc. 06-9007 Filed 10-27-06; 2:36 pm] BILLING CODE 3510-22-S