Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56595 

Alternative to Required Use of TEDs; 

Termination 

The AA, at any time, may withdraw 

or modify this temporary authorization 

to use tow time restrictions in lieu of 

TEDs through publication of a notice in 

the Federal Register, if necessary to 

ensure adequate protection of 

endangered and threatened sea turtles. 

Under this procedure, the AA may 

modify the affected area or impose any 

necessary additional or more stringent 

measures, including more restrictive 

tow times, synchronized tow times, or 

withdrawal of the authorization if the 

AA determines that the alternative 

authorized by this rule is not 

sufficiently protecting turtles or no 

longer needed. The AA may also 

terminate this authorization if 

information from enforcement, state 

authorities, or NMFS indicates 

compliance cannot be monitored 

effectively. This authorization will 

expire automatically on October 24, 

2005, unless it is explicitly extended 

through another notification published 

in the Federal Register. 

Classification 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

The AA has determined that this 

action is necessary to respond to an 

environmental situation to allow more 

efficient fishing for shrimp, while 

providing adequate protection for 

endangered and threatened sea turtles 

pursuant to the ESA and applicable 

regulations. 

Pursuant to 5 U.S.C. 553(b)(B), the AA 

finds that there is good cause to waive 

prior notice and opportunity to 

comment on this rule. The AA finds that 

unusually high amounts of debris are 

creating special environmental 

conditions that make trawling with 

TED-equipped nets impracticable. Prior 

notice and opportunity to comment are 

impracticable and contrary to the public 

interest in this instance because 

providing notice and comment would 

prevent the agency from providing the 

affected industry relief from the effects 

of Hurricane Katrina in a timely 

manner. 

The AA finds that unusually high 

amounts of debris are creating special 

environmental conditions that make 

trawling with TED-equipped nets 

impracticable. Many fishermen may be 

unable to operate under these 

conditions without an alternative to the 

use of TEDs. Therefore, The AA finds 

that there is good cause to waive the 30–

day delay in effective date pursuant to 

5 U.S.C. 553(d)(3) to provide 

alternatives to comply with the sea 

turtle regulations in a timely manner. 

For the reasons above, the AA finds that 

this temporary rule should not be 

subject to a 30–day delay in effective 

date, pursuant to 5 U.S.C. 553(d)(1). 

Since prior notice and an opportunity 

for public comment are not required to 

be provided for this action by 5 U.S.C. 

553, or by any other law, the analytical 

requirements of 5 U.S.C. 601 et seq. are 

inapplicable. 

The AA prepared an Environmental 

Assessment (EA) for this rule. Copies of 

the EA are available (see ADDRESSES). 

Dated: September 23, 2005. 

James W. Balsiger, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 05–19373 Filed 9–23–05; 2:14 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 091405F] 

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 catch 

limit adjustment. 

SUMMARY: NMFS has determined that 

the daily retention limit for Atlantic 

bluefin tuna (BFT) in the General 

category should be adjusted to allow 

maximum utilization of the General 

category October-January time period. In 

addition, NMFS is prohibiting the 

retention of school BFT less than 47 

inches (119 cm) in the recreational 

fishery for the remainder of the fishing 

year to ensure that U.S. BFT harvest is 

consistent with recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

pursuant to the Atlantic Tunas 

Convention Act (ATCA). 

DATES: Effective dates for BFT daily 

retention limits are provided in Table 1 

under SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Dianne Stephan or Brad McHale, 978–

281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of ATCA and the MagnusonStevens Fishery Conservation and 

Management Act governing the harvest 

of BFT by persons and vessels subject to 

U.S. jurisdiction are found at 50 CFR 

part 635. The 2005 BFT fishing year 

began on June 1, 2005, and ends May 

31, 2006. During the rulemaking for the 

final initial 2005 BFT specifications and 

General category effort controls that 

were published on June 7, 2005 (70 FR 

33033), NMFS specifically requested 

comment on options related to a 

recommendation of ICCAT regarding a 

four-consecutive-year average 8 percent 

landings limit for harvest of school BFT. 

Numerous comments were received on 

this issue as well as a wide range of 

topics, including inseason management 

measures for the Atlantic tunas General, 

Highly Migratory Species (HMS) 

Charter/Headboat, and HMS Angling 

categories throughout the 2005 fishing 

year. 

Daily Retention Limits 

Pursuant to this temporary action and 

the final initial 2005 BFT specifications, 

noted above, the daily BFT retention 

limits for Atlantic Tunas General, HMS 

Charter/Headboat, and HMS Angling 

categories are as follows: 

TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS

Permit Category Effective Dates Areas BFT Size Class Limit 

General October 1, 2005, through January 

31, 2006, inclusive 

All Two BFT per vessel per day/trip, 

measuring 73 inches (185 cm) 

CFL or larger 

56596 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS—Continued 

Permit Category Effective Dates Areas BFT Size Class Limit 

Charter/Headboat October 1, 2005, through May 

31, 2006, inclusive 

All One BFT per vessel per day/trip, 

measuring 47 to less than 73 

inches (119 to less than 185 cm) 

CFL 

Angling October 1, 2005, through May 

31, 2006, inclusive 

All One BFT per vessel per day/trip, 

measuring 47 to less than 73 

inches (119 to less than 185 cm) 

CFL 

Adjustment of General Category Daily 

Retention Limits 

Under 50 CFR 635.23(a)(4), NMFS 

may increase or decrease the General 

category daily retention limit of large 

medium and giant BFT over a range 

from zero (on Restricted Fishing Days 

(RFDs)) to a maximum of three per 

vessel to allow for maximum utilization 

of the quota for BFT. On June 7, 2005 

(70 FR 33039), NMFS adjusted the 

commercial daily BFT retention limit, in 

all areas, for those vessels fishing under 

the General category quota, to two large 

medium or giant BFT, measuring 73 

inches (185 cm) or greater curved fork 

length (CFL), per vessel per day/trip. 

This retention limit remained in effect 

through August 31, 2005, inclusive. 

Because of low catch rates during the 

previous time-period, on August 18, 

2005 (70 FR 48490), NMFS again 

adjusted the General category retention 

limit to two large medium or giant BFT 

per vessel per day/trip for the month of 

September. On October 1, 2005, the 

General category retention limit is 

scheduled to revert to the default limit 

of one large medium or giant BFT per 

vessel per day/trip. 

Catch rates have remained low 

through August and early September 

2005. The total quota allocated to the 

June-August and September timeperiods for the 2005 fishing year was 

808.5 metric tons (mt). As of September 

1, 2005, 59.9 mt have been landed in the 

General category, which equates to an 

estimated catch rate of approximately 

0.5 mt per day. In combination with the 

previous subquota rollover from the 

June-August time-period and current 

catch rates, NMFS anticipates the full 

adjusted September time-period 

subquota of 748.6 mt will not be 

harvested, which would result in a large 

rollover of quota into the October 

through January time-period. The initial 

subquota for the October through 

January time-period was established in 

the initial 2005 BFT fishery 

specifications as 89.8 mt. 

Therefore, based on a review of dealer 

reports, daily landing trends, available 

quota, and the availability of BFT on the 

fishing grounds, NMFS has determined 

that an increase in the General category 

daily BFT retention limit effective from 

October 1, 2005, through January 31, 

2006, inclusive, is warranted. Thus, the 

General category daily retention limit of 

two large medium or giant BFT per 

vessel per day/trip (see Table 1) will be 

extended through January 31, 2006. It is 

highly likely that the combination of the 

amount of General category quota 

available and the RFDs scheduled to 

begin in November will allow the 

coastwide General category season to 

extend into January, and allow for a 

southern Atlantic fishery to take place 

on an order of magnitude of prior years. 

The intent of this adjustment is to 

allow for maximum utilization of the 

U.S. landings quota of BFT while 

maintaining an equitable distribution of 

fishing opportunities to help achieve 

optimum yield in the General category 

BFT fishery, to collect a broad range of 

data for stock monitoring purposes, and 

to be consistent with the objectives of 

the 1999 Fishery Management Plan for 

Atlantic Tunas, Swordfish, and Sharks 

(1999 FMP). 

Adjustment of HMS Charter/Headboat 

and Angling Category Daily Retention 

Limits 

A recommendation of ICCAT requires 

that NMFS limit the catch of school 

BFT, measuring 27 to less than 47 

inches (69 to less than 119 cm) CFL, to 

no more than 8 percent by weight of the 

total domestic landings quota over each 

four-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 not exceeded over the applicable 

four-consecutive-year period. The 2005 

fishing year is the third year in the 

current accounting period. This multiyear block quota approach provides 

NMFS with the flexibility to enhance 

fishing opportunities and to collect 

information on a broad range of BFT 

size classes while minimizing the risk of 

overharvest of the school size class. 

Implementing regulations for the 

Atlantic tuna fisheries at 50 CFR 635.23 

set the daily recreational retention 

limits for BFT and allow for adjustments 

of the retention limits to use/extend the 

Angling category quota over the longest 

possible period of time. NMFS may 

increase or decrease the retention limit 

for any size class BFT or change a vessel 

trip limit to an angler limit or vice versa. 

Such adjustments to the retention limits 

may be applied separately for persons 

aboard a specific vessel type, such as 

private vessels, headboats, and charter 

boats. 

On June 7, 2005 (70 FR 33039), NMFS 

adjusted the daily recreational retention 

limit, in all areas, for vessels permitted 

in the HMS Charter/Headboat category, 

to three BFT per vessel per day/trip, 

consisting of BFT measuring 27 to less 

than 73 inches (69 to less than 185 cm) 

CFL in the school, large school, or small 

medium size classes. Of the three BFT, 

a maximum of two school BFT were 

allowed per vessel per day/trip, 

measuring 27 to less than 47 inches (69 

to less than 119 cm) CFL. This retention 

limit remained in effect through July 31, 

2005, inclusive. Starting on August 1, 

2005, inclusive, the daily retention limit 

for vessels permitted in the HMS 

Charter/Headboat category reverted back 

to one school, large school, or small 

medium BFT, per vessel per day/trip. 

On August 18, 2005 (70 FR 48490), 

NMFS announced an increase in the 

Charter/Headboat retention limit 

beginning on September 1, 2005, 

through September 30, 2005, to three 

BFT per vessel per day/trip, consisting 

of BFT measuring 27 to less than 73 

inches (69 to less than 185 cm) CFL in 

the school, large school, or small 

medium size classes. Of the three BFT, 

a maximum of two school BFT were 

Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56597 

allowed per vessel per day/trip, 

measuring 27 to less than 47 inches (69 

to less than 119 cm) CFL. Starting on 

October 1, 2005, the Charter/Headboat 

category daily retention limit is 

scheduled to revert to the default of one 

BFT per vessel per day/trip, measuring 

27 to less than 73 inches (69 to less than 

185 cm) CFL in the school, large school, 

or small medium size classes. 

The default Angling category 

retention limit of one BFT per vessel per 

day/trip, measuring 27 to less than 73 

inches (69 to less than 185 cm) CFL in 

the school, large school, or small 

medium size classes, as established at 

50 CFR 635.23(b)(2)(ii), has been in 

effect for private vessels since the 

season began on June 1, 2005. 

NMFS has received recent 

information indicating high catches and 

catch rates of school BFT. As indicated 

in the proposed initial BFT 2005 fishing 

year specifications (March 23, 2005; 70 

FR 14630), school BFT landings were 

approximately 9.3 percent of the base 

quota for 2003 and preliminary 

estimates for 2004 appear to be 

approximately 12.5 percent. Since 2005 

is the third year in the accounting for 

the ICCAT recommended fourconsecutive-year average 8 percent 

landings limit of school BFT, NMFS has 

determined it is necessary to take action 

to avoid exceeding the ICCAT 8 percent 

landings limit. 

Thus, based on available quota, BFT 

availability on the fishing grounds, 

current recreational BFT catch 

information derived from the Maryland 

BFT tagging program and Automated 

Landing Reporting System (ALRS), and 

historical information regarding fish 

migration patterns, NMFS has 

determined that a prohibition on the 

retention of school fish sized 27 inches 

to less than 47 inches CFL (69 to less 

than 119 cm) for both HMS Charter/ 

Headboat and Angling category 

permitted vessels is warranted. NMFS 

adjusts the daily BFT retention limit, in 

all areas, for vessels permitted in the 

HMS Charter/Headboat and HMS 

Angling categories, effective October 1, 

2005, through May 31, 2006, inclusive, 

to one BFT per vessel per day/trip 

measuring 47 to less than 73 inches (119 

to less than 185 cm) CFL in the large 

school or small medium size classes. 

Monitoring and Reporting 

NMFS selected the daily retention 

limits and their duration after 

examining current and previous fishing 

year catch and effort rates, analyzing the 

available quota for the 2005 fishing year, 

and taking into consideration public 

comment on the options to achieve the 

ICCAT recommended four-consecutiveyear average 8 percent tolerance on 

harvest of school BFT, and inseason 

management measures for the General 

and HMS Charter/Headboat categories 

received during the 2005 BFT quota 

specifications rulemaking process. 

NMFS will continue to monitor the BFT 

fishery closely through dealer landing 

reports, the ALRS, 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. 

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 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 for updates 

on quota monitoring and retention limit 

adjustments. All BFT landed under the 

Angling category quota must be reported 

within 24 hours of landing to the NMFS 

ALRS 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. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (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. 

NMFS has recently become aware of 

increased availability of large medium 

and giant BFT on the fishing grounds. 

This increase in abundance provides the 

potential to increase General category 

landings rates if participants are 

authorized to harvest two large medium 

or giant BFT per day. The regulations 

implementing the 1999 FMP provide for 

inseason retention limit adjustments in 

order 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. Adjustment of retention 

limits is also necessary to allow 

maximum utilization of the U.S. 

domestic bluefin tuna quota as required 

by ATCA. 

Delays in increasing the General 

category retention limits would be 

contrary to the public interest. Such 

delays would adversely affect those 

General and HMS Charter/Headboat 

category vessels that would otherwise 

have an opportunity to harvest more 

than one BFT per day and could hinder 

full utilization of the U.S. domestic BFT 

quota. Limited opportunities to access 

the General category quota may have 

negative social and economic impacts to 

U.S. fishermen that either depend on 

catching the available quota or depend 

on multiple BFT retention limits to 

attract individuals to book charters. For 

both the General and the HMS Charter/ 

Headboat sectors, the retention limits 

should be adjusted as expeditiously as 

possible for the affected sectors to 

benefit from the adjustment. 

In order to avoid exceeding the ICCAT 

school size category landings limit, 

NMFS needs to act promptly to prohibit 

retention of school BFT by HMS 

Angling and HMS Charter/Headboat 

category fishermen. Recent information 

available to NMFS indicates high 

catches and catch rates of school BFT 

occurring on the fishing grounds. A 

prohibition on harvest of school fish, 

with continued access to a school catchand-release fishery and harvest of large 

school and small medium size 

categories for the HMS Angling and 

Charter/Headboat categories, will 

balance concerns regarding continued 

utilization of available quota in the 

HMS Angling category, while reducing 

the risk of exceeding the ICCAT school 

size category landings limit 

recommendation. 

A delay in prohibiting the landing of 

school BFT could result in school 

landings in excess of the 2005 school 

quota, which could ultimately risk 

exceeding the ICCAT recommendation 

on the four-consecutive-year average 8 

percent landings limit of school BFT. 

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 a portion of this action 

relieves a restriction (i.e., General 

category default retention limit of one 

fish per vessel/trip is relaxed to allow 

retention of two 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 is exempt from 

review under Executive Order 12866. 

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

et seq. 

56598 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

Dated: September 22, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–19370 Filed 9–23–05; 2:14 pm] 

BILLING CODE 3510–22–S