[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Rules and Regulations]
[Pages 7479-7480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2349]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XF39


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 retention limit adjustment.

-----------------------------------------------------------------------

SUMMARY: NMFS has determined that the daily Highly Migratory Species 
(HMS) Angling category retention limits for Atlantic bluefin tuna (BFT) 
should be adjusted in order to prevent overharvest of the 2008 Angling 
category quota. Vessels permitted in the HMS Angling and HMS Charter/
Headboat categories are eligible to land BFT under the HMS Angling 
category quota. This action is being taken to meet domestic management 
objectives for the BFT fishery.

DATES: Effective February 11, 2008, through December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 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 Fishery Conservation and Management Act (Magnuson-
Stevens 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. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) among the various domestic fishing categories, per the 
allocations established in the Consolidated Highly Migratory Species 
Fishery Management Plan (Consolidated HMS FMP) (71 FR 58058, October 2, 
2006).
    The 2008 BFT fishing year began on January 1, 2008, and ends 
December 31, 2008. The final 2008 BFT quota specifications and effort 
controls were published on December 31, 2007 (72 FR 74193). These final 
specifications established an Angling category retention limit of one 
school BFT (27 inches (68.6 cm) to less than 47 inches (199.4 cm)), and 
two large school/small medium BFT (i.e., two BFT measuring 47 inches 
(119.4 cm) to less than 73 inches (185.4 cm)) per vessel per day/trip. 
NMFS stated in the 2008 final specifications and effort controls that 
adjustments to the 2008 Angling category quotas and retention limits 
may be necessary once complete estimates from the Large Pelagics Survey 
(LPS) for the 2007 fishing year were available.
    Final LPS 2007 fishing year estimates of the number of fish landed 
are now available, although mean weight estimates for each size class 
will not be available until late spring to calculate total landings 
(weight) and for comparison of landings to available subquotas. Pending 
availability of final average weight calculations from the 2007 fishing 
year, NMFS is proceeding with use of the average of 2004-2006 mean 
weights as proxies for 2007 mean weights, to reflect recent fishery 
conditions and reduce the effect of inter-annual variability of fish 
size that may result from varying retention limits, weather conditions, 
etc. This methodology results in recreational estimates, including LPS 
estimates and NC BFT Census Tagging Program data, of 100.9 mt of school 
BFT, 256.3 mt of large school BFT, and 105.7 mt of small medium BFT. 
Note that the final LPS estimates (in number of fish) indicate a 
substantial overharvest of the large school/small medium BFT subquota 
regardless of the reference time frame selected for use of proxy mean 
weights to calculate the final recreational landings (in tonnage). The 
estimated landings of large school/small medium BFT (362 mt) were more 
than twice the allocated subquota for that size range (144 mt). With 
total estimated recreational landings of 464.1 mt, the total Angling 
category quota of 269.2 mt also has been exceeded. However, due to the 
magnitude of the underharvest of the total available quota (which, for 
2007, was 1,629 mt), no quota redistribution for the 2007 fishing year 
is necessary, nor is any adjustment of the Angling category quota for 
2008. Specifically, total commercial and recreational landings for the 
2007 fishing year were 656.7 mt, resulting in an underharvest of 997.5 
mt, which exceeds substantially the amount the United States was 
allowed to carry forward to the 2008 fishing year (i.e., 595 mt, one 
half of the U.S. base quota).
    Despite the availability of overall quota, it is necessary for NMFS 
to use this best available information to take prompt action to avoid 
overharvest in 2008, to remain in accordance with the Consolidated HMS 
FMP and implement quota specifications, and address concern for the 
biological impact of overharvesting smaller size classes of BFT on the 
stock, which is classified as overfished. Therefore, to reduce large 
school/small medium BFT landings for 2008, NMFS is taking action 
through an inseason retention limit adjustment, described below.
    Under Sec.  635.23(b)(3), NMFS may increase or decrease the HMS 
Angling

[[Page 7480]]

category daily retention limit based on the criteria provided in Sec.  
635.27(a)(8). As discussed above, the determination to adjust the 
retention limit is primarily based on the catches of large school/small 
medium BFT in 2007 and the likelihood of closure of that segment of the 
fishery if no adjustment is made (Sec.  635.27(a)(8)(ii)), and the 
anticipated availability of large school/small medium BFT on the 
fishing grounds Sec.  635.27(a)(8)(ix). NMFS anticipates that reduction 
of the retention limit for large school/small medium BFT will result in 
landings during 2008 that would not exceed the available subquota 
(183.4 mt) as set in the 2008 quota specifications (72 FR 74193, 
December 31, 2007).

Daily Retention Limits

    Pursuant to this action and the final 2008 BFT specifications, 
noted above, the BFT daily retention limit per vessel for the HMS 
Angling category and the HMS Charter/Headboat category (while fishing 
recreationally) is one BFT measuring 27 inches (68.6 cm) to less than 
47 inches (119.4 cm), and one BFT measuring 47 inches (119.4 cm) to 
less than 73 inches (185.4 cm). In the case of multi-day trips, the 
daily limit applies. This action does not change the annual Angling 
category limit of one large medium or giant BFT (73 inches (185.4 cm) 
or greater) per vessel.

Monitoring and Reporting

    NMFS selected the daily retention limit to apply for the remainder 
of 2008, or until changed, after examining current and previous fishing 
year catch and effort rates, taking into consideration public comment 
on the annual specifications, and analyzing the available quota for the 
2008 fishing year. NMFS will continue to monitor the BFT fishery 
closely through dealer landing reports, the Automated Landings 
Reporting System, state harvest tagging programs in North Carolina and 
Maryland, and the LPS. Depending on the level of fishing effort, NMFS 
may determine that additional retention limit adjustments are necessary 
prior to December 31, 2008. 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, or access the 
internet at www.hmspermits.gov, for updates on quota monitoring and 
retention limit adjustments.

Classification

    The Assistant Administrator for NMFS (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. LPS 
Angling category estimates and NC recreational census data, recently 
made available, indicate an overharvest of the Angling category quota 
in 2007, particularly the large school/small medium BFT subquota. An 
adjustment to the daily retention limit for large school/small medium 
BFT is warranted. Delaying this action would be contrary to the public 
interest because it could result in insufficient reduction of large 
school/small medium BFT landings and could result in more restrictive 
actions being needed later in the season (such as seasonal closures). 
Further, for fishing trip planning purposes, NMFS seeks to provide as 
much notice as possible about the fishing regulations that will apply 
during the active portion of the fishing year (beginning in late 
spring) so that anglers and charter/headboat operators can plan their 
fishing trips accordingly.
    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, there is good cause under 5 U.S.C. 553(d) to waive 
the 30-day delay in effectiveness of this action.
    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.

    Dated: February 5, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-2349 Filed 2-7-08; 8:45 am]
BILLING CODE 3510-22-S