Fishery conservation and management: Atlantic bluefin tuna,
[Federal Register: July 8, 1999 (Volume 64, Number 130)]
[Rules and Regulations]
[Page 36818-36819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy99-15]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 062599B]
Atlantic Tuna Fisheries; Atlantic Bluefin Tuna
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason transfer.
SUMMARY: NMFS allocates 8 metric tons (mt) of the 1999 Atlantic bluefin tuna (BFT) Reserve to the Purse Seine category, creating a adjusted Purse Seine category quota of 260 mt and a adjusted Reserve quota of 35 mt for the 1999 fishing season. This action is being taken following input received by the Highly Migratory Species Advisory Panel (AP), as prescribed by management measures adopted in the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (FMP), and is consistent with the criteria for BFT quota transfers as specified in 50 CFR 635.27.
DATES: Effective July 2, 1999, until May 31, 2000.
FOR FURTHER INFORMATION CONTACT: Pat Scida, 978-281-9260.
SUPPLEMENTARY INFORMATION: Atlantic tunas are managed by the Secretary of Commerce under the dual authority of the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Tunas Convention Act. 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
[[Page 36819]]
administered by the HMS Management Division.
Based on the 1998 revised stock assessment, parties at the 1998 meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted a 20-year west Atlantic BFT rebuilding program, beginning in 1999 and continuing through 2018. ICCAT has adopted an annual total allowable catch (TAC) of 2,500 mt whole weight (ww) of west Atlantic BFT inclusive of dead discards, to be applied annually until such time as the TAC is changed based on advice from the Standing Committee on Research and Statistics. The annual landing quota allocated to the United States was increased by 43 mt ww to 1,387 mt ww.
Regulations at 50 CFR 635.27, subdivide the U.S. BFT quota recommended by ICCAT among the various domestic fishing categories.
On May 28, 1999, NMFS published in the Federal Register (64 FR 29090) final regulations, effective July 1, 1999, implementing the FMP that was adopted and made available to the public in April 1999. The FMP and the implementing regulations establish percentage quota shares for the ICCAT recommended U.S. BFT landing quota for each of the domestic fishing categories. For the Purse Seine category, NMFS adopted a cap on the amount of quota the category could be allocated, establishing a quota percentage share for the Purse Seine category of 18.6 percent of the overall U.S. BFT landings quota, or 250 mt, whichever is less. If the percentage of the total ICCAT recommended annual landings quota allocated to the Purse Seine category exceeds 250 mt, the amount over 250 mt shall be allocated to the Reserve.
The ICCAT recommended 1999 U.S. BFT landings quota is 1,387 mt, 18.6 percent of which is 258 mt. Thus, for 1999, the Purse Seine category was allocated 250 mt of the 18.6 percent of the overall U.S. BFT landings quota, and the additional 8 mt were allocated to the Reserve. An additional 2 mt Purse Seine category under-harvest from 1998 was added to the category's quota for 1999, for a total 1999 Purse Seine category quota of 252 mt (64 FR 29806, June 3, 1999).
In both the FMP, and the final HMS consolidated regulations, NMFS noted that the AP had not had an opportunity to fully address the Purse Seine category cap in light of the 1999 BFT quota increase from ICCAT. Therefore, NMFS indicated it would hold the additional 8 mt for 1999 in the Reserve until after the AP had discussed the issue. NMFS also indicated that if the agency decided, after receiving input from the AP, that it would not retain the cap, the FMP would be modified through its framework provisions.
The AP met in Silver Spring, MD on June 10 and June 11, 1999, and discussed the Purse Seine category cap. After extensive discussion, a clear majority favored removal of the cap. The AP provided information and advice to NMFS on the issue of fairness in the context of allocation to the Purse Seine category. Among the points used by the AP in support of removing the cap were the following: (1) Adopting a cap on one category and not others is not fair and equitable, (2) adopting a cap on the only category in the fishery which is managed using limited access does not promote limited access, and (3) adopting a cap on the Purse Seine category's BFT quota allocation may cause purse seine vessels to increase fishing effort on yellowfin tuna, which is an important commercial and recreational species for vessels in other Atlantic tunas permit categories, and for which there is an ICCAT recommendation in place to limit effective fishing effort.
As part of NMFS' consideration of the issue of transferring quota from the reserve, NMFS must also consider the quota transfer criteria as described at 50 CFR 635.27(a)(7), which state that NMFS has the authority to allocate any portion of the Reserve to any category or categories of the fishery after considering the following factors: (1) The usefulness of information obtained from catches of the particular category of the fishery for biological sampling and monitoring the status of the stock, (2) the catches of the particular gear segment to date and the likelihood of closure of that segment of the fishery if no allocation is made, (3) the projected ability of the particular gear segment to harvest the additional amount of BFT tuna before the anticipated end of the fishing season, (4) the estimated amounts by which quotas established for other gear segments of the fishery might be exceeded, (5) the effects of the transfer on BFT rebuilding and overfishing, and (6) the effects of the transfer on accomplishing the objectives of the FMP.
NMFS has determined that the transfer of the 8 mt from the Reserve to the Purse Seine category is consistent with the quota transfer criteria, especially since the Purse Seine category targets and lands BFT of a larger size than the other domestic fishing categories to which the Reserve may be allocated, and, thus, would not have a negative impact of stock rebuilding. In addition, the FMP established a separate School Reserve for the Angling category (18 additional mt for 1999), which, along with strict quota monitoring in the commercial fisheries, means that a Reserve of 35 mt for the 1999 fishing year is sufficient.
After considering the AP's input and the quota transfer criteria described here, NMFS has decided to immediately transfer the 8 mt from the Reserve to the Purse Seine category, and is preparing a proposed rule to address the Purse Seine category cap issue under the framework authority of the FMP.
Quota Adjustment
NMFS is transferring 8 mt of the Reserve to the Purse Seine category. Following this transfer, the Reserve is reduced to 35 mt, and the Purse Seine category quota is increased to 260 mt for the 1999 fishing year.
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: July 2, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 99-17322Filed7-2-99; 4:01 pm]
BILLING CODE 3510-22-F
