[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Rules and Regulations]
[Pages 56472-56473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 100899B]


Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna

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

ACTION: Opening of General category New York Bight fishery.

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SUMMARY: NMFS opens the Atlantic Bluefin Tuna (BFT) General category 
New York Bight fishery. This action is being taken to provide for 
General category fishing opportunities in the New York Bight area only 
and to ensure additional collection of biological assessment and 
monitoring data.
DATES: Effective 1 a.m. on October 16, 1999, until the date that the 
set-aside quota is determined to have been taken, which will be 
published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Pat Scida, 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 (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 landings quota recommended by the 
International Commission for the Conservation of Atlantic Tunas among 
the various domestic fishing categories. The General category landings 
quota, including time-period subquotas and the New York Bight set-
aside, are specified annually as required under Sec. 635.27(a)(1). The 
1999 General category quota and effort control specifications were 
issued June 1, 1999 (64 FR 29806, June 3, 1999).

Opening of the New York Bight fishery

    The New York Bight set-aside area is defined as the waters south 
and west of a straight line originating at a point on the southern 
shore of Long Island at 72 deg.27' W. long. (Shinnecock Inlet) and 
running SSE 150 deg. true, and north of 38 deg.47' N. lat. (Delaware 
Bay). Under Sec. 635.27(a)(1)(iii), NMFS may make available all or part 
of the 10 mt landings quota set aside for the New York Bight area when 
the coastwide General category fishery has been closed in any quota 
period. Previously, NMFS closed the coastwide General category fishery 
on October 3, 1999. At that time, NMFS announced that it would open the 
New York Bight fishery when it is determined that large medium and 
giant BFT are available in the New York Bight area. Allowing a few days 
transition between the closure of the coastwide fishery and the opening 
of the New York Bight fishery reduces concerns regarding enforcement of 
regulations applicable to that area. The New York Bight fishery will 
open effective 1 a.m., Saturday, October 16, 1999, until the date that 
the set-aside quota of 10 mt is determined to have been taken, which 
will be published in the Federal Register. 
    For vessels permitted in the General category: Upon the effective 
date of the New York Bight opening, retaining or landing large medium 
or giant BFT is authorized only within the set-aside area, until the 
set-aside quota for that area has been harvested. BFT harvested from 
waters outside the defined set-aside area may not be brought into the 
set-aside area. General category permit holders may tag and release BFT 
in all areas while the General category is closed, subject to the 
requirements of the tag-and-release program at Sec. 635.26.
    For vessels permitted in the Charter/Headboat category: When 
participating in the General category New York Bight fishery, i.e., 
fishing for large medium and giant BFT intended for sale, Charter/
Headboat category vessels are subject to the same rules as General 
category vessels. Charter/Headboat category vessels may continue to 
fish in all areas under the Angling category regulations while the 
Angling category is open. Vessels permitted in the Charter/Headboat 
category that are still eligible for the Angling category trophy fish 
allowance under Sec. 635.23(c)(1) or (2) may land one large medium or 
giant BFT prior to May 31, 2000. Trophy BFT may not be sold.
    The announcement of the New York Bight fishery closure date will be 
filed with the Office of the Federal Register, and further communicated 
through the Highly Migratory Species (HMS) Fax Network, the Atlantic 
Tunas Information Line, NOAA weather radio,

[[Page 56473]]

and Coast Guard Notice to Mariners. Although notification of the 
closure will be provided as far in advance as possible, fishermen are 
encouraged to call the Atlantic Tunas Information Line to check the 
status of the fishery before leaving for a fishing trip. The phone 
numbers for the Atlantic Tunas Information Line are (978) 281-9305 and 
(888) USA-TUNA.

Classification

    This action is taken under Sec. 635.27(a)(1) and is exempt from 
review under E.O. 12866.

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

    Dated: October 14, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-27304 Filed 10-14-99; 4:59 pm]
BILLING CODE 3510-22-F