[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Rules and Regulations]
[Pages 48052-48053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23028]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[I.D. 091295D]


Atlantic Tuna Fisheries; Bluefin Tuna Closure and Quota 
Reallocation

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

ACTION: Closure and reallocation.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (ABT) 
General category quota and Angling category quota for 1995 have been 
reached. Therefore, the General category fishery will be closed 
effective at 11:59 p.m. on September 12, 1995, and the Angling category 
fishery will be closed effective at 11:59 p.m. on September 17, 1995. 
This action is being taken to prevent further overharvest of these 
categories. NMFS also announces a transfer of 15 mt of ABT from the 
longline-south Incidental subcategory to the longline-north Incidental 
subcategory. NMFS has determined that the fisheries landing ABT under 
the longline-south Incidental subcategory will not achieve the full 
1995 allocation. NMFS also transfers from the Reserve category to 
account for overharvest in the General, Harpoon, and Angling 
categories. These actions are being taken to extend the season for the 
longline-north Incidental subcategory, ensure additional collection of 
biological assessment and monitoring data, and prevent waste of bluefin 
tuna that might otherwise be discarded dead.

EFFECTIVE DATE: The General category closure is effective 11:59 p.m. 
local time on September 12, 1995, through December 31, 1995. The 
Angling category closure is effective 11:59 p.m. local time on 
September 17, 1995, through December 31, 1995. The longline and reserve 
inseason transfers are effective September 12, 1995.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, or Kevin B. 
Foster, 508-281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) governing 
the harvest of Atlantic bluefin tuna by persons and vessels subject to 
U.S. jurisdiction are found at 50 CFR part 285. Section 285.22 
subdivides the U.S. quota recommended by the International Commission 
for the 

[[Page 48053]]
Conservation of Atlantic Tunas (ICCAT) among the various domestic 
fishing categories.

Closure

    Implementing regulations for the Atlantic tuna fisheries at 50 CFR 
285.22 provide for a total annual quota of 438 mt of large medium and 
giant Atlantic bluefin tuna to be harvested from the regulatory area by 
vessels permitted in the General category. To date, over 527 mt have 
been harvested. Regulations also provide for an annual quota of 324 mt 
for the Angling category. Best available estimates indicate that the 
Angling category quota has been harvested for 1995.
    NMFS is required, under 285.20(b)(1), to monitor the catch and 
landing statistics and, on the basis of these statistics, to project a 
date when the catch of ABT will equal the quota applicable to any 
period and publish a Federal Register announcement stating that fishing 
for, retaining, possessing or landing ABT must cease on a date and at a 
specified hour, and not recommence until the opening of the subsequent 
quota period.
    Fishing for, retention, possessing, or landing large medium or 
giant ABT by vessels in the General category must cease at 11:59 p.m. 
local time September 12, 1995. Fishing for, retention, possessing, or 
landing schools, large schools, small medium, large medium, or giant 
ABT by vessels in the Angling category must cease at 11:59 p.m. local 
time September 17, 1995. The intent of this action is to prevent 
further overharvest of the quota established for these categories.
    The Harpoon category was previously closed on August 11, 1995 (60 
FR 42469, August 16, 1995). The Incidental and Purse Seine categories 
will remain open until quotas for these categories are reached.

Inseason Transfers

    Under the implementing regulations at 50 CFR 285.22(f), the 
Assistant Administrator for Fisheries, NOAA (AA), has the authority to 
make adjustments to quotas involving transfers between vessel 
categories or, as appropriate, subcategories if, during a single year 
quota period or the second year of a biannual quota period as defined 
by ICCAT, the AA determines, based on landing statistics, present year 
catch rates, effort, and other available information, that any 
category, or as appropriate, subcategory, is not likely to take its 
entire quota as previously allocated for that year. Given that 
determination, the AA may transfer inseason any portion of the quota of 
any fishing category to any other fishing category or to the reserve 
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 Atlantic bluefin 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.
    The bluefin have migrated to their summer feeding grounds in New 
England waters and incidental catch by longline vessels operating south 
of 34 deg. N. lat. is no longer expected to occur. A total of 60 mt 
currently remain of the amount allocated to this southern subcategory. 
The Incidental category longline-north has exceeded its allocation of 
23 mt for vessels fishing north of 34 deg. N. lat. Once the quota is 
reached for this northern subcategory, any bluefin tuna incidentally 
taken by longline vessels must be discarded at sea. In order to prevent 
waste of bluefin tuna that might otherwise be discarded dead, it is 
reasonable to transfer quota from the southern to the northern 
subcategory.
    Reallocating 15 mt from the Incidental longline-south category 
responds to the criteria listed above as follows: Incidental category 
landings are a major contributor to the collection of biological data 
on this fishery; incidental catches by longline vessels in 1995 have 
been high, and it would be necessary to close this subcategory of the 
fishery unless additional quota allocation were made.
    NMFS also transfers from the Reserve to the General, Harpoon, and 
Angling categories. The purpose of these transfers is to cover 
overharvest in these categories.

Classification

    This action is taken under 50 CFR 285.20(b) and 50 CFR 285.22 and 
is exempt from review under E.O. 12866.

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

    Dated: September 12, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-23028 Filed 9-12-95; 4:59 pm]
BILLING CODE 3510-22-P