[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Rules and Regulations]
[Page 63002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29981]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 112801A]


Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna

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

ACTION: General category closure.

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SUMMARY: NMFS has determined that the 2001 fishing year Atlantic 
bluefin tuna (BFT) General category quota will be attained by November 
30, 2001. Therefore, the General category fishery will be closed 
effective 11:30 p.m. on November 30, 2001. This action is being taken 
to prevent overharvest of the total adjusted General category quota of 
919.7 metric tons (mt).

DATES: Effective 11:30 p.m. local time on November 30, 2001, through 
May 31, 2002.

FOR FURTHER INFORMATION CONTACT: Brad McHale 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 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 2001 
fishing year General category quota and effort control specifications 
were issued on July 13, 2001 (66 FR 37421, July 18, 2001).

General Category Closure

    NMFS is required, under Sec. 635.28 (a)(1), to file with the Office 
of the Federal Register for publication notification of closure when a 
BFT quota is reached, or is projected to be reached. On and after the 
effective date and time of such closure notification, for the remainder 
of the fishing year or for a specified period as indicated in the 
notification, fishing for, retaining, possessing, or landing BFT under 
that quota category is prohibited until the opening of the subsequent 
quota period or until such date as specified in the notification.
    The adjusted 2001 fishing year BFT quota specifications issued 
pursuant to Sec. 635.27 set a total adjusted General category quota of 
919.7 mt, including the New York bight set-aside, of large medium and 
giant BFT to be harvested from the regulatory area during the 2001 
fishing year. Based on reported landings and effort, NMFS projects that 
this quota will be reached by November 30, 2001. Therefore, fishing 
for, retaining, possessing, or landing large medium or giant BFT 
intended for sale by persons aboard vessels in the General or Charter/
Headboat categories must cease at 11:30 p.m. local time November 30, 
2001. The intent of this closure is to prevent overharvest of the quota 
established for the General category.
    General category permit holders may tag and release BFT while the 
General category is closed, subject to the requirements of the tag-and-
release program at Sec. 635.26. Vessels permitted in the Charter/
Headboat category may continue to fish for and retain BFT under the 
Angling category regulations. The current Angling category daily 
retention limit, effective from November 1, 2001 through May 31, 2002 
is one large school or small medium BFT (measuring from 47 to less than 
73 inches (from 69 to less than 119 cm) curved fork length) (66 FR 
31844, June 13, 2001). In addition, Angling and Charter/Headboat 
category vessels may retain one large medium or giant ``trophy'' BFT, 
measuring 73 inches (185 cm) or greater, per fishing year (June 1 
through May 31).

Classification

    This action is taken under Sec. 635.28 (a) and is exempt from 
review under Executive Order 12866.

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

    Dated: November 28, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-29981 Filed 11-29-01; 4:00 pm]
BILLING CODE 3510-22-S