[Federal Register Volume 67, Number 10 (Tuesday, January 15, 2002)]
[Rules and Regulations]
[Pages 1908-1909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-866]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010413094-1094-01; I.D. 010902A]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Deep-
Sea Red Crab Fishery; Closure

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

[[Page 1909]]


ACTION: Closure.

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SUMMARY: NMFS announces that, effective 0001 hours (l.t.), January 18, 
2002, through May 14, 2002, notwithstanding any other regulations 
implemented for the Atlantic deep-sea red crab fishery, vessels may not 
fish for, possess, or land red crab in or from the U.S. exclusive 
economic zone (EEZ) in waters of the western Atlantic Ocean from 
35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, 
northward to the U.S.-Canada border, in excess of 100 lb (45.4 kg) per 
trip. This action is based on a determination that the red crab total 
allowable catch (TAC) is projected to be reached as of January 18, 
2002, and is necessary to prevent the fishery from exceeding the TAC 
established by the emergency rule that was published November 13, 2001.

DATES: Effective 0001 hours (l.t.), January 18, 2002, through 2400 
hours, May 14, 2002.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy 
Analyst, 978-281-9272, fax 978-281-9135, e-mail [email protected] .

SUPPLEMENTARY INFORMATION: On May 8, 2001, NMFS published a red crab 
emergency interim rule (66 FR 23182) to address concerns that 
overfishing of the red crab resource may be occurring within the EEZ 
from Cape Hatteras Light, NC, northward to the U.S.-Canada border. This 
action contained measures that included a TAC of 2.5 million lb (1,134 
mt) of red crab for the 180-day period of effectiveness for the rule. 
To help ensure that the TAC was not exceeded, this rule also contained 
regulations that required the closure of the directed red crab fishery 
as of the date NMFS determined that the total landings of red crab 
would reach or exceed the TAC. NMFS subsequently determined that the 
TAC was projected to be harvested prior to completion of the 180-day 
emergency action (through November 14, 2001) and on August 8, 2001, 
NMFS published notification of closure of the fishery effective August 
17, 2001, through November 14, 2001, in the Federal Register (66 FR 
41454).
    On November 13, 2001, NMFS extended the expiration date of the 
emergency rule for an additional 180 days (through May 14, 2002) to 
continue protection of red crab while permanent measures are being 
developed by the New England Fishery Management Council (Council) (66 
FR 56781). The extension adjusted the TAC for its 180-day duration to 
2.16 million lb (979.8 mt). This TAC is based on one-half of an annual 
TAC of 5.0 million lb (2,268 mt), reduced by the overage caught during 
the initial emergency period (which was approximately 340,000 lb 
(154.22 mt)). The extension also contained regulations that require the 
closure of the directed red crab fishery as of the date NMFS determines 
that the total landings of red crab will reach or exceed the TAC.
    NMFS has determined, based on landings and other available 
information, that 100 percent of the TAC for red crab will be harvested 
by January 18, 2002. Therefore, effective 0001 hours (l.t.), January 
18, 2002, through May 14, 2002, notwithstanding any other regulations 
of subpart M of 50 CFR part 648, vessels may not fish for, possess, or 
land red crab from the U.S. EEZ in waters of the western Atlantic Ocean 
from 35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, 
northward to the U.S.-Canada border, in excess of 100 lb (45.4 kg) per 
trip.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: January 9, 2002.
Jonathan Kurland,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-866 Filed 1-9-02; 4:35 pm]
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