[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Rules and Regulations]
[Pages 53247-53248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27071]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 100697B]


Atlantic Tuna Fisheries; Recreational Fishery Adjustments

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

ACTION: Quota adjustment; fishery reopening; catch limit adjustment.

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SUMMARY: NMFS adjusts the Angling category subquota for large school/
small medium Atlantic bluefin tuna (ABT) fishery by transferring 10 mt 
from the Angling category subquota for school ABT, for a revised 
Angling category subquota of 161 mt for the large school/small medium 
size classes. NMFS reopens the Angling category fishery for large 
school and small medium ABT in the northern area (New Jersey and states 
north). The daily catch limit for the reopening is two large school ABT 
and one small medium ABT per vessel. This action is being taken to 
ensure reasonable fishing opportunities in the northern area without 
risking overharvest of this category.

DATES: The quota and catch limit adjustments, and fishery reopening are 
effective October 10, 1997, until 11:30 pm, October 19, 1997, or any 
prior date of closure or adjustment as necessary, to be published in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: Chris Rogers, 301-713-2347, or Mark 
Murray-Brown, 978-281-9260.

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.

Angling Category Quota Adjustment

    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 285.22 provide for a quota of 108 mt of school ABT and 151 mt of 
large school/small medium ABT to be harvested from the regulatory area 
by vessels fishing under the Angling category quota during calendar 
year 1997 (62 FR 35107, June 30, 1997). The school ABT quota is further 
subdivided into 51 mt for the waters off Delaware and states south and 
57 mt for the waters off New Jersey and states north. The large school/
small medium ABT quota is further subdivided into 71 mt for the waters 
off Delaware and states south and 80 mt for the waters off New Jersey 
and states north.
    Based on preliminary catch estimates, NMFS closed the large school/
small medium ABT fishery for the southern area on July 20, 1997 (62 FR 
35447, July 1, 1997) and for the northern area on October 1, 1997 (62 
FR 50887, September 29, 1997). Information collected by NMFS from 
dockside and telephone surveys through September 28, 1997, indicates 
that about 11 mt of school ABT and 8 mt of large school/small medium 
ABT remain of the northern area subquotas. In order to provide for a 
reasonable opportunity to harvest the Angling category quota and 
collect scientific information needed to monitor the ABT stock, NMFS 
has determined that a reopening is warranted.
    After considering the previously cited factors for making transfers 
between categories, the risk of overharvest of school bluefin which are 
subject to an

[[Page 53248]]

ICCAT-recommended limit, the current availability of fish in each size 
class, and the regional distribution of catch to date, the AA has 
determined that 10 mt of the remaining northern area school ABT quota 
should be transferred to the northern area large school/small medium 
Angling category fishery. Thus, the Angling category subquota for large 
school/small medium ABT is adjusted to 161 mt and the northern area 
Angling category subquota for large school/small medium ABT is adjusted 
to 90 mt.

Fishery Reopening

    Given the revised quota, availability of fish, and recent 
information on catch and effort in the northern area Angling category 
fishery (waters off New Jersey and states north), NMFS projects that 
the remaining quota for large school and small medium ABT could be 
landed in less than 2 weeks. Therefore, NMFS reopens the Angling 
category for large school and small medium ABT in the northern area 
from October 10 until October 19, 1997. Fishing for, retaining, 
possessing, or landing any large school or small medium ABT, measuring 
47 inches to less than 73 inches (69 cm to less than 185 cm), must 
cease at 11:30 p.m. local time on October 19, 1997. The northern area 
fishery for school ABT was previously closed for the 1997 season (62 FR 
50887, September 29, 1997) and remains closed.

Catch Limit Adjustment

    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 285.24 allow for adjustments to the daily catch limits in order to 
provide for improved scientific monitoring of the catch spread over the 
longest possible period of time. The Assistant Administrator for 
Fisheries, NOAA, may increase or reduce the per angler catch limit for 
any size class bluefin tuna or may change the per angler limit to a per 
boat limit or a per boat limit to a per angler limit.
    For the duration of the reopening, the daily catch limit is 
adjusted to two large school ABT (measuring 47 inches to less than 59 
inches; 120 cm to less than 150 cm)) and one small medium ABT 
(measuring 150 cm to less than 185 cm) per Angling category vessel. 
Anglers aboard Charter/Headboat and General category vessels, when 
authorized to engage in recreational fishing for large school and small 
medium ABT, are subject to the same rules as anglers aboard Angling 
category vessels.

Further Adjustments

    Depending on the level of fishing effort and catch rates of ABT, 
NMFS may determine that a subsequent catch limit adjustment or revised 
closure date is necessary during this period. A revised closure date or 
adjustment to the daily catch limit, if any, shall be announced through 
publication in the Federal Register. In addition, anglers may call the 
Highly Migratory Species Information Line at 301-713-1279 or 508-281-
9305 for updates on quota monitoring, closures, and catch limit 
adjustments.
    Fishermen are reminded that all ABT taken under the Angling 
category quota must be reported within 24 hours of landing using the 
Catch Reporting System (1-888-USA-TUNA). Note that the fishery for 
school, large school, and small medium ABT in the southern area closed 
effective August 11, 1997 (62 FR 44423, August 21, 1997), and is 
therefore not affected by this reopening and catch limit adjustment. In 
addition, landing cards submitted to NMFS indicate that the full quota 
has not yet been attained in the Angling category fishery for trophy 
class ABT (73 inches (205 cm) and greater), and that fishery remains 
open in both the northern and southern areas until further notice.

Classification

    This action is taken under 50 CFR 285.20, 285.22, and 285.24 and is 
exempt from review under E.O. 12866.

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

    Dated: October 7, 1997.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-27071 Filed 10-8-97; 10:49 am]
BILLING CODE 3510-22-F