[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Rules and Regulations]
[Pages 31844-31845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14921]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 051701G]


Atlantic Highly Migratory Species; Bluefin Tuna Recreational 
Fishery

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

ACTION: Retention limit adjustments.

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SUMMARY: NMFS adjusts the daily retention limit for the recreational 
fisheries for Atlantic bluefin tuna (BFT) for the fishing year that 
began June 1, 2001, and ends May 31, 2002. Vessels permitted in the 
Atlantic Tunas Angling and the Atlantic Highly Migratory Species (HMS) 
Charter/Headboat categories are eligible to land BFT under the BFT 
Angling category quotas. The seasonal adjustments to the daily 
retention limit and the measurements for each BFT size class are 
specified in the DATES and SUPPLEMENTARY INFORMATION section of this 
document. This action is being taken to provide increased fishing 
opportunities in all areas without risking overharvest of this 
category.

DATES: Effective June 15 through October 31, 2001, the daily retention 
limit in all areas for all vessels fishing under the Angling category 
quota is adjusted to four BFT per vessel, which may be from the school, 
large school, or small medium size class.
    Effective November 1, 2001 through May 31, 2002, the daily 
retention limit in all areas is adjusted to one large school or small 
medium BFT for all vessels fishing under the Angling category quota.

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

[[Page 31845]]

Conservation and Management 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.
    Implementing regulations for the Atlantic tuna fisheries at 
Sec. 635.23 set the daily retention limits for the BFT recreational 
fishery and allow for adjustments to the daily retention limits in 
order to provide for maximum utilization of the quota over the longest 
possible period of time. NMFS may increase or reduce the per angler 
retention limit for any size class BFT or may change the per angler 
limit to a per boat limit or the per boat limit to a per angler limit. 
Size class categories of BFT are defined as follows: school size BFT 
measure 27 to less than 47 inches (69 to less than 119 cm) curved fork 
length (CFL); large school BFT measure 47 to less than 59 inches (119 
to less than 150 cm) CFL; small medium BFT measure 59 to less than 73 
inches (150 to less than 185 cm) CFL; large medium BFT measure 73 to 
less than 81 inches (185 to less than 206 cm) CFL; and giant BFT 
measure 81 inches or greater (206 cm or greater) CFL.
    A recommendation of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT) requires that NMFS limit the 
catch of school BFT to no more than 8 percent by weight of the total 
domestic landings quota over each 4-consecutive-year period. NMFS is 
implementing this ICCAT recommendation through annual and inseason 
adjustments to the school BFT retention limits, as necessary, and 
through the establishment of a school BFT reserve (64 FR 29090, May 28, 
1999; 64 FR 29806, June 3, 1999).
    The ICCAT recommendation allows for interannual adjustments for 
overharvests and underharvests, provided that the 8-percent landings 
limit is met over the applicable 4-consecutive-year period. The 2001 
fishing year is the third year in the current accounting period. This 
multi-year block quota approach provides NMFS with the flexibility to 
enhance fishing opportunities and to collect information on a broad 
range of BFT size classes.
    Regulations at 50 CFR 635.23(b) restrict vessels fishing under the 
BFT Angling category quota to one BFT per vessel per day, which may be 
from the school, large school, or small medium category and, in 
addition, one large medium or giant BFT per vessel per year. This 
retention limit is subject to adjustment to provide for maximum 
utilization of the quota and enhanced fishing opportunities over the 
range of the recreational fisheries. NMFS has received comment from BFT 
fishermen that the implementation of an increased daily retention limit 
over a date-certain period is preferable to a longer season with a 
lower daily retention limit as it facilitates the scheduling of fishing 
trips, particularly charter trips.
    Since the beginning of the fishing year on June 1, 2001, the 
default Angling category daily retention limit at 50 CFR 635.23(b) has 
been in effect and applies until the effective date of this catch limit 
adjustment. Effective June 15 through October 31, 2001, NMFS adjusts 
the recreational fishing daily retention limit for all fishing areas to 
four BFT in any combination of the school, large school, or small 
medium size classes. This limit applies to all vessels permitted in the 
Atlantic Tunas Angling category and to vessels permitted in the 
Atlantic HMS Charter/Headboat category.
    From November 1, 2001, through May 31, 2002, the daily retention 
limit for all vessels fishing under the Angling category quota will be 
adjusted to one large school or small medium BFT per vessel. Regardless 
of the length of the trip, no more than a single day's allowable catch 
may be possessed or retained.
    NMFS selected the daily retention limit and the duration of the 
daily retention limit adjustment after examining past catch and effort 
rates and the available quota for 2001. NMFS will continue to monitor 
the Angling category fishery closely through the Automated Landings 
Reporting System, the 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 an 
interim closure or an additional retention limit adjustment is 
necessary to enhance scientific data collection from, and fishing 
opportunities in, all geographic areas. Additionally, NMFS may 
determine that an allocation from the school BFT reserve is warranted 
to further fishery management objectives.
    Closures or subsequent adjustments to the daily retention limit, if 
any, will be announced through publication in the Federal Register. In 
addition, anglers may call the Atlantic Tunas Information Line at (888) 
872-8862 or (978) 281-9305 for updates on quota monitoring and 
retention limit adjustments. Anglers aboard Atlantic HMS Charter/
Headboat category vessels, when engaged in recreational fishing for 
school, large school, and small medium BFT, are subject to the same 
rules as anglers aboard Angling category vessels.
    All BFT landed under the Angling category quota must be reported 
within 24 hours of landing to the NMFS Automated Landings Reporting 
System via toll-free phone at (888)872-8862; or the Internet 
(www.nmfspermits.com); or, if landed in the states of North Carolina or 
Maryland, to a reporting station prior to offloading. Information about 
these state harvest tagging programs, including reporting station 
locations, can be obtained in North Carolina by calling (800) 338-7804, 
and in Maryland by calling (410) 213-1531.
    In addition, anglers aboard permitted vessels may continue to tag 
and release BFT of all sizes under a tag-and-release program, provided 
the angler tags all BFT so caught, regardless of whether previously 
tagged, with conventional tags issued or approved by NMFS, returns such 
fish to the sea immediately after tagging with a minimum of injury, and 
reports the tagging, and, if the BFT was previously tagged, the 
information on the previous tag (50 CFR 635.26).

Classification

    This action is taken under 50 CFR 635.23(b)(3). This action is 
exempt from review under E.O. 12866.

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

    Dated: June 8, 2001.
Samuel W. McKeen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-14921 Filed 6-8-01; 4:20 pm]
BILLING CODE 3510-22-S