[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Rules and Regulations]
[Pages 9376-9377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5155]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 022197C]


Atlantic Tuna Fisheries; Fishery Closure

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

ACTION: Closure.

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SUMMARY: NMFS has determined that landings of Atlantic bluefin tuna 
(ABT) since January 1, 1997 and continued high catch rates warrant an 
interim closure of the ABT Angling category. Therefore, the Angling 
category fishery for school, large school, and small medium ABT is 
closed in all areas until further notice.

EFFECTIVE DATE: The closure of the Angling category is effective 11:30 
p.m. local time on March 2, 1997, until the effective date of any 
reopening, which will be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, or Mark 
Murray-Brown, 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.
    NMFS is required, under 285.20(b)(1), to monitor the catch and 
landing statistics and, on the basis of these statistics, to project a 
date when the catch of ABT will equal the quota and publish a Federal 
Register announcement to close the applicable fishery.
    On February 21, 1997, NMFS amended the regulations governing the 
Atlantic bluefin tuna (ABT) fisheries to provide authority for NMFS to 
close and/or reopen all or part of the Angling category in order to 
provide for equitable distribution of fishing opportunities throughout 
the species range. The regulatory amendments were necessary to increase 
the geographic and temporal scope of data collection from the 
scientific monitoring quota established for the United States. 
Additionally, the authority for interim closures facilitates a more 
equitable geographic and temporal distribution of fishing opportunities 
for all fishermen in the Angling category, thus furthering domestic 
management objectives for the Atlantic tuna fisheries.

Angling Category Closure

    NMFS has received information from the State of North Carolina that 
approximately 13 mt of school, large school, and small medium ABT have 
been measured during dockside interviews conducted through February 16, 
1997. It is estimated that dockside intercepts account for 43 percent 
of angler trips. Therefore, NMFS estimates that 30 mt of school, large 
school, and small medium ABT have been landed.
    Regulations allow that, upon determining that variations in 
seasonal distribution, abundance, or migration patterns of ABT, or that 
the catch rate in one area may preclude anglers in an another area from 
a reasonable opportunity to harvest a portion of the quota, NMFS may 
close all or part of the Angling category, and may reopen it at a later 
date if NMFS determines that ABT have migrated into an identified area. 
In determining the need for any such temporary or area closure, NMFS 
considers the following factors:
    (A) The usefulness of information obtained from catches of a 
particular

[[Page 9377]]

geographic area of the fishery for biological sampling and monitoring 
the status of the stock;
    (B) The current year catches from the particular geographic area 
relative to the catches recorded for that area during the preceding 4 
years;
    (C) The catches from the particular geographic area to date 
relative to the entire category and the likelihood of closure of that 
entire category of the fishery if no allocation is made;
    (D) The projected ability of the entire category to harvest the 
remaining amount of Atlantic bluefin tuna before the anticipated end of 
the fishing season.
    It is essential for domestic and international management purposes 
that NMFS collect complete information from the bluefin fishery and 
stocks from as wide a geographic range and for as many months during 
the year as possible. Extensive information on the 1997 winter fishery 
has been collected. Therefore, an interim closure of the entire Angling 
category fishery at this time would allow for increased monitoring 
activities once the bluefin have migrated further north, where fishing 
has not yet begun, and the fishery is reopened.
    Current year catches cannot be compared to landings of the last 4 
years, because it was not until 1995 that an Angling category winter 
fishery began to develop and not until 1996 that NMFS began to monitor 
these Angling category landings through the Large Pelagic Survey and 
through state assistance. In 1996, the Angling category subquotas for 
large school/small medium bluefin and for school bluefin off Delaware 
and states south were filled prematurely, due to high catch rates early 
in the season in southern areas, thus reducing fishing opportunities 
further north, even for school bluefin. While the final 1997 annual 
quota for the Angling category of ABT has not yet been established (the 
1996 allocation was 243 mt), if the current harvest rate continues, it 
is possible that a significant portion of the entire Angling category 
quota might be taken prior to the time that the species migrates north 
to the eight other states in which there is a recreational fishery for 
bluefin. Because it is relatively early in the fishing season, and 
given catch rates over the past few years, it is reasonable to expect 
that Angling category fishermen will harvest the remaining quota before 
the end of the season.
    Given current catch rates, the public interest in an equitable 
distribution of catch among fishermen in the Angling category, and the 
need for scientific data from throughout the species' range, NMFS has 
decided to close the Angling category fishery for school, large school, 
and small medium bluefin tuna in all areas. Therefore, retaining, 
possessing, or landing any school, large school or small medium ABT 
under the Angling category quota must cease at 11:30 p.m. local time on 
March 2, 1997.
    NMFS may reopen the fishery when it is determined that the bluefin 
have migrated further north and will publish that effective date in the 
Federal Register. In 1995 and 1996, bluefin tuna were observed to leave 
North Carolina waters in April. Historically, school bluefin tuna 
arrive off of Virginia in May and move northward through the mid-
Atlantic region during the summer feeding migration. Determination of 
migration shall be based on catch reports from anglers fishing for 
other large pelagic species such as yellowfin tuna and anglers fishing 
for bluefin tuna under the catch and release program. Dockside 
intercepts from the Marine Recreational Fishing Statistics Survey and 
logbook reports filed by commercial fishermen shall also be used to 
document the migration to northern areas.
    Anglers may continue to fish for school, large school and small 
medium ABT, measuring 27 inches (69 cm) to less than 73 inches (119 cm) 
total curved fork length under the NMFS tag and release program (50 CFR 
285.27). Additionally, pending attainment of the annual quota for 
trophy fish, large medium or giant ABT (73 inches (119 cm) total curved 
fork length or greater) may still be landed under the Angling category 
subject to the trophy fish limit of one per vessel per year. Such large 
medium or giant ABT must be reported to the nearest NMFS enforcement 
office as required under Sec. 285.24. In North Carolina, trophy fish 
must be reported to the Coast Guard at 919-995-6403 or to NMFS 
Enforcement at 919-808-2393. Anglers should verify that the trophy 
category remains open by calling the NMFS 24-hour Information Line at 
301-713-1279 prior to each fishing trip.

Classification

    This action is taken under 50 CFR 285.20(b) and 50 CFR 285.22 and 
is exempt from review under E.O. 12866.

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

    Dated: February 25, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-5155 Filed 2-26-97; 12:34 pm]
BILLING CODE 3510-22-F