[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Rules and Regulations]
[Pages 51608-51609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26103]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 092697C]


Atlantic Tuna Fisheries; Adjustments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Catch limit adjustment; inseason transfer.

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SUMMARY: NMFS adjusts the October-December subquota for the General 
category Atlantic bluefin tuna (ABT) fishery by transferring 13 mt from 
the Reserve, 3 mt from the Incidental Longline North quota, and 54 mt 
from the Incidental Longline South quota, for a revised General 
category subquota of 141 mt for October-December. In addition, NMFS 
adjusts the General category effort control schedule for October. These 
actions are being taken to extend scientific data collection on several 
size classes of ABT while preventing overharvest of the adjusted 
subquotas for the affected fishing categories, and to ensure maximum 
utilization of the quota while maintaining a fair distribution of 
fishing opportunities. The daily catch limit for large medium and giant 
ABT for vessels fishing under the General category quota is reduced to 
zero for one day only, Wednesday October 1, effectively delaying the 
start of the General category October fishery, at one fish per day, 
until October 2, 1997.

DATES: Effective October 1, 1997, 00:01 a.m. until 11:59 p.m. EST for 
bag limit adjustment; effective October 1, 1997, until December 31, 
1997, or until the effective date of the closure, which will be 
published in the Federal Register, for the inseason transfer.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 301-713-2347, or Pat 
Scida, 508-281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) governing 
the harvest of ABT by persons and vessels subject to U.S. jurisdiction 
are found at 50 CFR part 285. Section 285.22 subdivides the U.S. quota 
recommended by the International Commission for the Conservation of 
Atlantic Tunas among the various domestic fishing categories.
    Under the implementing regulations at 50 CFR 285.22(f), the 
Assistant Administrator for Fisheries, NOAA (AA), has the authority to 
make adjustments to quotas involving transfers between categories after 
considering certain factors. The AA is authorized to make adjustments 
to quotas involving transfers between categories if, during a single 
year quota period, it is determined, based on landing statistics, 
present year catch rates, effort, and other available information, that 
any category, is not likely to take its entire quota as previously 
allocated for that year.
    Given that determination, the AA may transfer inseason any portion 
of the quota of any fishing category to any other fishing category or 
to the reserve after considering the following factors: (1) The 
usefulness of information obtained from catches of the particular 
category of the fishery for biological sampling and monitoring the 
status of the stock, (2) the catches of the particular gear segment to 
date and the likelihood of closure of that segment of the fishery if no 
allocation is made, (3) the projected ability of the particular gear 
segment to harvest the additional amount of Atlantic bluefin tuna 
before the anticipated end of the fishing season, and (4) the estimated 
amounts by which quotas established for other gear segments of the 
fishery might be exceeded.

General Category Quota Adjustment

    Implementing regulations for the Atlantic tuna fisheries at Sec. . 
285.22 provide for a quota of 633 mt of large medium and giant ABT to 
be harvested from the regulatory area by vessels fishing under the 
General category quota during calendar year 1997. The General category 
ABT quota is further subdivided into time period subquotas to provide 
for broad temporal and geographic distribution of scientific data 
collection and fishing opportunities. Approximately 71 metric tons 
remain available for the October-December General category fishery, 
including a 10 mt set aside for the traditional fall New York Bight 
fishery. After considering the previously cited factors for making

[[Page 51609]]

transfers between categories, the AA has determined that 13 mt of the 
Inseason Reserve of 33 mt should be transferred to the General 
category. In addition, the AA has determined that 3 mt of the remaining 
Incidental Longline North quota of approximately 9 mt, and 54 mt of the 
remaining Incidental Longline South quota of approximately 59 mt should 
be transferred to the General category. Thus, the October-December 
General category quota is set at 141 mt, including 10 mt reserved for 
the New York Bight fishery.
    Once the General category quota for October - December time period 
has been attained, the fishery will be closed. The announcement of the 
closure will be filed with the Office of the Federal Register, stating 
the effective date of closure, and further communicated through the 
Highly Migratory Species (HMS) Fax Network, the HMS Information Line, 
NOAA weather radio, and Coast Guard Notice to Mariners. Although 
notification of closure will be provided as far in advance as possible, 
fishermen are encouraged to call the HMS Information Line to check the 
status of the fishery before leaving for a fishing trip. The phone 
numbers for the HMS Information Line are (301) 713-1279 and (508) 281-
9305. Information regarding the Atlantic tuna fisheries is also 
available through Nextlink Interactive, Inc., at (888) USA-TUNA.

General Category Reopening

    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 285.24 provide the AA with authority to adjust the catch limit for 
the General category to effect restricted fishing days. Such effort 
controls allow maximum utilization of the quota while maintaining a 
fair distribution of fishing opportunities. In the final rule that 
dealt with General category effort controls filed earlier this year (62 
FR 38939, July 21, 1997), NMFS established restricted-fishing days 
reflecting days mutually agreed upon by associations representing 
General category fishermen and dealers. These days included Wednesdays 
from Mid-July through September to correspond to market closure days in 
Japan, the primary market for ABT. In order to ensure maximum 
utilization of the quota while maintaining a fair distribution of 
fishing opportunities, the daily catch limit of large medium and giant 
ABT for the General category is reduced to zero for one day only, 
Wednesday October 1, effectively delaying the start of the General 
category October fishery, at one fish per day, until October 2, 1997.

Classification

    This action is taken under 50 CFR 285.22 and 50 CFR 285.24 and is 
exempt from review under E.O. 12866.

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

    Dated: September 26, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-26103 Filed 9-29-97; 12:39 pm]
BILLING CODE 3510-22-F