[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Rules and Regulations]
[Pages 30297-30299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XA57


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 Atlantic tunas General and Highly 
Migratory Species (HMS) Angling categories daily Atlantic bluefin tuna 
(BFT) retention limits should be adjusted for the 2007 fishing year, 
which begins on June 1, 2007, and ends December 31, 2007. The 
adjustment will allow for maximum utilization of the General category 
June through August time-period subquota, and will enhance recreational 
BFT fishing opportunities aboard HMS Angling and Charter/Headboat 
vessels in the early portion of the season. Therefore, NMFS increases 
the daily BFT retention limits to provide enhanced commercial and 
recreational fishing opportunities in all areas without risking 
overharvest of the General and Angling category quotas.

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. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) among the various domestic fishing categories.
    NMFS has proposed 2007 fishing year specifications to set BFT 
quotas and to set effort controls for the General category and Angling 
category (72 FR 16318, April 4, 2007). NMFS intends to publish a notice 
in the Federal Register to finalize the specifications and effort 
controls in June 2007.

Daily Retention Limits

    Pursuant to this action, the daily BFT retention limits for the 
Atlantic tunas General, HMS Angling, and HMS Charter/Headboat 
categories are as follows:

        Table 1. Effective Dates for Retention Limit Adjustments
------------------------------------------------------------------------
                                                        BFT Size Class
   Permit Category      Effective Dates      Areas          Limit
------------------------------------------------------------------------
Atlantic tunas        June 1 through July  All       Three BFT per
 General and HMS       31, 2007,                      vessel per trip,
 Charter/Headboat      inclusive, or                  measuring 73
 (while fishing        through the                    inches (185 cm)
 commercially)         effective date of              curved fork length
                       the final 2007 BFT             (CFL) or greater.
                       specifications,
                       whichever occurs
                       first.
------------------------------------------------------------------------
HMS Angling and HMS   June 1 through July  All       One school BFT
 Charter/Headboat      31, 2007,                      measuring 27
 (while fishing        inclusive, or                  inches to less
 commercially)         through the                    than 47 inches CFL
                       effective date of              (69 cm to less
                       the final 2007 BFT             than 119 cm) and
                       specifications,                two large school/
                       whichever occurs               small medium BFT,
                       first.                         measuring 47
                                                      inches to less
                                                      than 73 inches CFL
                                                      (119 cm to less
                                                      than 185 cm) per
                                                      vessel.
------------------------------------------------------------------------


[[Page 30298]]

Adjustment of Daily Retention Limits

    Under 50 CFR 635.23(a)(4), NMFS may increase or decrease the daily 
retention limit of large medium and giant BFT over a range of zero to a 
maximum of three per vessel to provide for maximum utilization of the 
General category quota for BFT. In addition, under 50 CFR 635.23(b)(3), 
NMFS may increase or decrease the retention limit for any size class of 
BFT, or change a vessel trip limit to an angler trip limit and vice 
versa to provide for maximum utilization of the Angling category quota 
for BFT over the longest period of time.
    Such adjustments, to either the commercial or recreational 
retention limits, are based on NMFS' consideration of the criteria 
provided under Sec.  635.27(a)(8), which include: the usefulness of 
information obtained from catches in the particular category for 
biological sampling and monitoring of the status of the stock; the 
catches of the particular category quota to date and the likelihood of 
closure of that segment of the fishery if no adjustment is made; the 
projected ability of the vessels fishing under the particular category 
quota to harvest the additional amount of BFT before the end of the 
fishing year; the estimated amounts by which quotas for other gear 
categories of the fishery might be exceeded; effects of the adjustment 
on BFT rebuilding and overfishing; effects of the adjustment on 
accomplishing the objectives of the fishery management plan; variations 
in seasonal distribution, abundance, or migration patterns of BFT; 
effects of catch rates in one area precluding vessels in another area 
from having a reasonable opportunity to harvest a portion of the 
category's quota; and a review of dealer reports, daily landing trends, 
and the availability of the BFT on the fishing grounds.
    The proposed specification considered the same limits and received 
favorable public support. From June 1, 2007, until the final 
specifications take effect, the default commercial General category 
daily retention limit located at Sec.  635.23(a)(2) is one large medium 
or giant BFT (measuring 73 inches (185 CM) curved fork length (CFL)) or 
greater per vessel per day/trip. This is the retention limit for 
General category permitted vessels and HMS Charter/Headboat permitted 
vessels (when commercially fishing under the General category). Also 
starting on June 1, 2007, the default recreational Angling category 
retention limit at Sec.  635.23(b)(2)(ii) is one school, large school 
or small medium BFT (measuring 27 inches (69 cm) to less than 73 inches 
(119 cm) CFL) per vessel per day/trip. This is the retention limit for 
permitted HMS Angling and HMS Charter/Headboat vessels (when 
recreationally fishing under the Angling category).
    NMFS has considered the set of criteria listed above and their 
applicability to both the commercial and recreational BFT retention 
limits for the early portion of the 2007 fishing year until the final 
specifications become effective. Based on these considerations, NMFS 
has determined that the General category retention should be adjusted. 
Therefore, NMFS increases the General and Angling category retention 
limits from the default limits effective June 1 through July 31, 2007, 
or until the final specifications are effective. This adjustment 
increases the General category daily retention limit to three large 
medium or giant BFT, measuring 73 inches (185 cm) CFL or greater, per 
vessel per day/trip and Angling category daily retention limit to one 
school BFT (27 inches (69 cm) to less than 47 inches (119 cm)), and two 
large school/small medium BFT (measuring 47 inches (119 cm) to less 
than 73 inches (185 cm)) per vessel per day/trip. This General category 
retention limit is effective in all areas, except for the Gulf of 
Mexico, and apples to those vessel permitted in the General category as 
well as those HMS Charter/Headboat permitted vessels fishing 
commercially for BFT.
    This Angling category retention limit is effective in all areas, 
except for the Gulf of Mexico, and applies to those vessels permitted 
in the HMS Angling category as well as those HMS Charter/Headboat 
permitted vessels fishing recreationally.

Monitoring and Reporting

    NMFS selected the daily retention limits and their duration after 
examining an array of data as it pertains to the determination 
criteria. This data included, but was not limited to current and 
previous catch and effort rates, quota availability, previous public 
comments on inseason management measures, stock status, etc. 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 continues to receive information refining its understanding of 
both the commercial and recreational sector's specific needs regarding 
retention limits early in the 2007 season. NMFSassessments and analyses 
show that there is sufficient quota for an increase to the General 
category retention limit as well as an increase to the recreational BFT 
retention limit for the start of the 2007 season. Prior experience from 
the past several years also has shown that the General and Angling 
categories tend to start slowly and adjustment to the retention limits 
are necessary to maximize the utilization of the respective quotas.
    NMFS has recently become aware of increased availability of large 
medium and giant BFT off southern Atlantic fishing grounds from fishing 
reports, vessels participating in other fisheries, 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. NMFS has 
also recently become aware of increased availability of recreational 
size class BFT in close proximity to the shores of mid-Atlantic states, 
as reported by researchers and recreational fishermen in the area, as 
well as communications with staff from state agencies. This increase in 
abundance provides the potential to increase positive social and 
indirect economic benefits from this recreational portion of the BFT 
fishery. Another benefit of increasing the recreational retention limit 
would be the continuation of the NMFS length-weight conversion study, 
which is important to the management of BFT fisheries.
    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.

[[Page 30299]]

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 available on the 
fishing grounds. Analysis of available data shows that the respective 
General and Angling category BFT retention limits may be increased with 
minimal risks of exceeding the ICCAT allocated quota.
    Delays in increasing these retention limits would adversely affect 
those General, Angling, and Charter/Headboat category vessels that 
would otherwise have an opportunity to harvest more than the default 
retention limits one BFT per day and may exacerbate the problem of low 
catch rates, quota rollovers, or lack of booked charters/private trips. 
Limited opportunities to harvest the respective quotas may have 
negative social and economic impacts to U.S. fishermen that either 
depend upon 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, as well as embarking on 
private recreational trips. For both the General and the recreational 
sectors, an adjustment to the retention limits needs to be effective 
June 1, the start of the season, for the impacted sectors to benefit 
from the adjustments so as to not preclude early season fishing 
opportunities from fishermen who only have access to the fishery at the 
beginning of the season.
    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 (b)(3) and 
is exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: May 25, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-2692 Filed 5-25-07; 1:48 pm]
BILLING CODE 3510-22-S