[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Rules and Regulations]
[Pages 14491-14493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1485]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 032107B]


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.

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SUMMARY: NMFS has determined that the daily Highly Migratory Species 
(HMS) Angling category retention limits for Atlantic bluefin tuna (BFT) 
should be adjusted to maximize the usefulness of the information 
obtained from catches for biological sampling. Vessels permitted in the 
HMS Angling and HMS Charter/Headboat categories are eligible to land 
BFT under the HMS Angling category quota. Therefore, NMFS adjusts the 
daily BFT retention limits for the HMS Angling category quota to allow 
landing of school BFT in North Carolina during the three-week period 
from March 24, 2007, through April 15, 2007, as specified in the 
SUPPLEMENTARY INFORMATION section of this document. This action is 
intended to provide scientific data that would enhance future 
recreational fishing opportunities for the HMS Angling and HMS Charter/
Headboat categories, while minimizing the risk of an overharvest of the 
HMS Angling category BFT quota.

DATES: Effective from 12:01 a.m., March 24, 2007, through 11:59 p.m., 
April 15, 2007.

FOR FURTHER INFORMATION CONTACT: Dianne Stephan, 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 effort controls 
were published on May 30, 2006 (71 FR 30619). These final 
specifications established retention limits for school BFT (measuring 
27 inches (69 cm) to less than 47 inches (119 cm)) for the HMS Angling 
and HMS Charter/Headboat categories in accordance with the following: 
(1) International Commission for the Conservation of Atlantic Tunas 
(ICCAT) recommendation limiting the U.S. catch of school BFT to no more 
than 8 percent of total U.S. domestic landings calculated as a four-
year average; (2) the Consolidated HMS Fishery Management Plan (FMP) 
(October 2, 2006, 71 FR 58058); and (3) the HMS FMP implementing 
regulations at 50 CFR 635.27.

[[Page 14492]]

    The 2006 fishing year is the fourth year in the four-year 
accounting period established by the ICCAT recommendation that limits 
harvest of U.S. school BFT. The amount of quota available for the 
fourth year was limited to 49.2 metric tons (mt), and the final initial 
2006 BFT specifications established a one school BFT retention limit 
for the HMS Angling and HMS Charter/Headboat categories from July 1 
through July 21, 2006, in the area South of 39[deg] 18' N, and from 
August 25 through September 14, 2006, in the area North of 39[deg] 18' 
N. (In addition, these permit categories were subject to a retention 
limit of two BFT per vessel measuring 47 inches (119cm) to less than 73 
inches (185 cm) CFL for the entire fishing year.) Preliminary draft 
estimates show that all the available school quota for 2006 has not 
been harvested, providing an opportunity for a limited re-opening for 
research purposes.
    At the Spring 2005 and 2006 HMS Advisory Panel (AP) meetings, AP 
members discussed the BFT length to weight conversion ratios used in 
the Large Pelagic Survey (LPS) and other NMFS analyses, and expressed 
concern that the current ratios over-estimate recreational landings. In 
June 2006, NMFS published ``Evaluation of Length-Weight Keys Used to 
Convert Large Pelagics Survey Bluefin Tuna Landings Numbers to 
Weights,'' which concluded that additional research was necessary to 
determine the accuracy of the conversion factors in use. During the 
2006 fishing year, NMFS expanded the LPS to collect additional data for 
use in re-analyzing length to weight conversion factors for BFT.
    In collaboration with NMFS, the North Carolina Division of Marine 
Fisheries' (NCDMF) recreational BFT tagging program has been expanded 
to continue to collect these length and weight data during Spring 2007. 
Recreationally harvested school BFT landed and tagged at NCDMF weigh 
stations will be measured and weighed as a part of the NMFS length to 
weight conversion study. NMFS has recently been notified that school 
BFT are now available off North Carolina. Thus, NMFS is taking this 
action to allow retention of school BFT off North Carolina, and landing 
of school BFT in North Carolina ports to collect data for the NMFS 
length to weight conversion study.
    Under Sec.  635.23(b)(3), NMFS may increase or decrease the HMS 
Angling category daily retention limit based on the criteria provided 
in Sec.  635.27 (a)(8). As discussed above, the determination to adjust 
the retention limit is primarily based on the usefulness of information 
obtained from catches in the HMS Angling and Charter/Headboat 
categories for biological sampling and monitoring of the status of the 
stock (Sec.  635.27 (a)(8)(i)) and the availability of school BFT on 
the fishing grounds Sec.  635.27 (a)(8)(ix). In addition, this action 
would be consistent with the objectives of the consolidated HMS FMP, 
and the limited three-week duration is anticipated to provide 
sufficient data for the research program without over-harvesting the 
school BFT subquota.

Daily Retention Limits

    Pursuant to this action and the final initial 2006 BFT 
specifications, noted above, the daily BFT retention limits for HMS 
Angling and HMS Charter/Headboat categories are as follows:

                            Table 1. Effective dates for retention limit adjustments
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           Permit Category                 Effective Dates               Areas             BFT Size Class Limit
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HMS Angling and HMS Charter/Headboat   June 1, 2006, through    All                      Two BFT per vessel per
 (while fishing recreationally)         May 31, 2006,                                     day/trip, measuring 47
                                        inclusive.                                        inches (119 cm) curved
                                                                                          fork length (CFL) to
                                                                                          less than 73 inches
                                                                                          CFL (185 cm).
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                                       12:01 a.m., March 24,    Off North Carolina       One BFT per vessel per
                                        2007, through 11:59                               day/trip, measuring 27
                                        p.m., April 15, 2007.                             inches (69 cm) CFL to
                                                                                          less than 47 inches
                                                                                          (119cm) CFL.
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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 annual specifications 
and inseason management measures for the Angling 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. 
All school BFT must be landed in the state of North Carolina and 
reported and tagged at a state reporting station. Depending on the 
level of fishing effort, NMFS may determine that additional retention 
limit adjustments are necessary prior to May 31, 2007.
    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 school 
BFT in close proximity to the shores of North Carolina, as provided by 
fishing reports and communication with NCDMF officials and recreational 
fishermen. This increase in abundance provides the potential to 
continue the NMFS length to weight conversion study, which is crucial 
to management of BFT fisheries. In addition to providing for scientific 
research, increasing the retention limit may also provide small 
positive social and economic benefits to fishermen and recreational 
fishing related businesses. 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.
    Affording prior notice and opportunity for public comment to adjust 
this retention limit is impracticable as it would preclude

[[Page 14493]]

NMFS from acting promptly to allow harvest of BFT that are available on 
the fishing grounds. Analysis of available data shows that this 
increase to the school BFT retention limit, over a short time span 
(three weeks) and limited area, has minimal risk of exceeding the ICCAT 
allocated school BFT limit, as implemented in the 2006 final initial 
BFT specifications.
    Delays in increasing the retention limit would be contrary to the 
public interest. Limited opportunities are available to sample 
recreationally harvested BFT for research purposes. Collaboration with 
the NCDMF recreational BFT tagging program is expected to provide a 
sufficient sample size upon which to base scientifically valid analyses 
of length to weight conversion factors. Accurate conversion factors are 
crucial for the estimation of recreational landings and other stock 
assessment analyses. Incorrect conversion factors could overestimate 
harvests, which would negatively impact U.S. fishermen both 
economically and socially, or underestimate harvests, which could 
negatively impact bluefin tuna stocks.
    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, there is good cause under 5 U.S.C. 553(d) to waive 
the 30-day delay in effectiveness. In addition, this action relieves a 
restriction (i.e., this action allows retention of more fish).
    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.

    March 22, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-1485 Filed 3-22-07; 3:23 pm]
BILLING CODE 3510-22-S