Fishery conservation and management: Atlantic highly migratory species Atlantic bluefin tuna,
[Federal Register: September 2, 1999 (Volume 64, Number 170)]
[Rules and Regulations]
[Page 48111-48112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se99-19]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 080999K]
Atlantic Highly Migratory Species Fisheries; Bluefin Tuna Quota Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason quota adjustments.
SUMMARY: NMFS adjusts the 1999 Atlantic bluefin tuna (BFT) Angling and Longline category quotas and the Reserve category to account for underharvest and overharvest of these fishing category quotas during January 1 through May 31, 1999. These actions are being taken to prevent overharvest of the 1999 fishing category quotas for the affected fishing categories, to ensure maximum utilization of the quota while maintaining a fair distribution of fishing opportunities, and to be consistent with the Fishery Management Plan (FMP) for Atlantic Tunas, Sharks, and Swordfish.
DATES: Effective August 27, 1999, until May 31, 2000.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260.
SUPPLEMENTARY INFORMATION: Atlantic tunas are managed by the Secretary of Commerce (Secretary) under the dual authority of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.). The authority to issue regulations has been delegated from the Secretary to the Assistant Administrator for Fisheries, NOAA. Within NMFS, daily responsibility for management of Atlantic Highly Migratory Species (HMS) fisheries rests with the Office of Sustainable Fisheries, and is administered by the HMS Management Division.
On January 20, 1999, NMFS proposed regulations to implement the draft Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS FMP) and draft Amendment 1 to the Atlantic Billfish Fishery Management Plan (64 FR 3154). As part of these regulations NMFS proposed to change the way annual catch quotas are applied by changing the fishing year for Atlantic tunas from the calender year to a ``fishing year,'' beginning June 1 of one year and continuing through May 31 of the following year. The intent was to facilitate implementation of catch quota recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) that are issued at its annual meeting in November. In past years, fishing activity for certain BFT categories would commence on January 1, before NMFS could issue a final rule to implement the ICCAT catch quota recommendation.
After the proposed change to the fishing year was published, specific quota allocations for the 1999 BFT fishery, to begin on June 1, 1999, were proposed in a supplement to the proposed rule (64 FR 9299, February 25, 1999). That supplemental proposal included a separate quota to cover fishing activity that would occur in the ``bridge'' or transition period of January 1 to May 31, 1999. Additionally, the supplemental rule proposed that any underharvest or overharvest from the bridge period would be added to or subtracted from the annual quota for the proposed new fishing year, to begin on June 1, 1999.
NMFS adopted the final HMS FMP, including the 1999 adjusted quotas and the bridge period quota, in April 1999. The final rule implementing the new fishing year was published on May 28, 1999 (64 FR 29090). Final BFT quota specifications for the new fishing year starting June 1 were published on June 3, 1999 (64 FR 29806) and quotas for the bridge period (January 1 to May 31, 1999) were published on July 13, 1999 (64 FR 37700).
[[Page 48112]]
Quota Adjustments
Under the HMS FMP implementing regulations at 50 CFR 635.27(a)(9), if NMFS determines, based on landings statistics and other available information, that a BFT quota in any category or, as appropriate, subcategory has been exceeded or has not been reached, NMFS shall subtract the overharvest from, or add the underharvest to, that quota category for the following fishing year, provided that the total of the adjusted category quotas and the Reserve is consistent with a recommendation of ICCAT regarding country quotas, the take of school BFT, and the allowance for dead discards. Adjustments to the Angling category, the Longline category, and the Reserve for the 1999 fishing year (June 1, 1999, to May 31, 2000) are necessary to account for underharvest and overharvest of these fishing category quotas during the bridge period from January 1 - May 31, 1999.
Based on reported landings during the bridge period, adjustments are necessary for the Angling, Longline, and Reserve categories. Because no quota of school BFT was allocated to the Angling category for the bridge period of January 1 through May 31, 1999, and an estimated total of 0.17 mt of school BFT were landed during this time, NMFS adjusts the 1999-2000 fishing year school BFT subquota for the southern area from 38 mt to 37.83 mt. Because there were no landings of large school or small medium BFT in the northern area during the bridge period (for which the subquota was 16 mt), NMFS adjusts the 1999-2000 fishing year northern area large school/small medium subquota from 83 mt to 99mt. Because only 8.62 mt of the 59 mt allocated for the landing of large school or small medium BFT in the southern area during the bridge period was used, NMFS adjusts the 1999-2000 fishing year southern area large school/small medium subquota from 73 mt to 123.38 mt. Finally, because only 3.16 mt of the 4 mt allocated for the landing of large medium or giant BFT in the southern area was used, NMFS adjusts the 1999-2000 fishing year southern area large medium/giant subquota from 4 mt to 4.84 mt.
In the Longline category, landings of large medium and giant BFT by longline vessels in the northern area (1.94 mt) exceeded the bridge period quota for this subcategory of 1 mt. NMFS, therefore, adjusts the 1999-2000 fishing year Longline north subquota from 24 mt to 23.06 mt. Because landings of large medium and giant BFT by longline vessels in the southern area (47.8 mt) exceeded the bridge period quota for this subcategory of 25 mt, NMFS adjusts the 1999-2000 fishing year Longline north subquota from 89 mt to 66.2 mt.
In addition, quota adjustments are necessary for the Reserve, due to landings during the bridge period and to a prior inseason transfer for the 1999 fishing year. Pursuant to Sec. 285.7 (applicable regulations prior July 1, 1999) and under the authority of the Atlantic Tunas Convention Act, NMFS authorized fisheries biologists from the Stanford Aquarium to conduct research and to initiate studies on the use of pop-up archival tags on small medium, large medium, and giant Atlantic bluefin tuna (BFT) and authorized the North Carolina State University to conduct studies on BFT reproductive biology. These authorized studies have resulted in the landings of 1.27 mt of BFT; these landings have been deducted from the bridge period Reserve of 15 mt. Also, NMFS recently transferred 8 mt of the 1999 Reserve to the Purse Seine category, creating an adjusted Reserve quota of 35 mt for the 1999 fishing season (64 FR 36818, July 8, 1999). The 1999 fishing year Reserve is now further adjusted by the addition of 13.73 mt from the bridge period, for a revised total of 48.73 mt.
Classification
This action is taken under 50 CFR 635.27(a)(7). This action is exempt from review under E.O. 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: August 27, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 99-22817Filed8-27-99; 5:03 pm]
BILLING CODE 3510-22-F
