[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Rules and Regulations]
[Pages 61537-61541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24946]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 020612146-2211-02 ; I.D. 042602F]
RIN 0648-AP90


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota 
Specifications and General Category Effort Controls

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

ACTION: Final initial 2002 quota specifications and General category 
effort controls.

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SUMMARY: NMFS announces the final initial specifications for the 
Atlantic bluefin tuna (BFT) fishery to set BFT quotas and General 
category effort controls for the fishing year beginning June 1, 2002. 
The final initial quota specifications and effort controls are 
necessary to implement the 1998 recommendation of the International 
Commission for the Conservation of Atlantic Tunas (ICCAT), which 
established a rebuilding program for Western Atlantic BFT and is 
required by the Atlantic Tunas Convention Act (ATCA), and to achieve 
domestic management objectives under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

DATES: The final initial quota specifications and General category 
effort controls are effective October 1, 2002, through May 31, 2003.

ADDRESSES: Copies of supporting documents, including the Fishery 
Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS FMP), 
are available from the Highly Migratory Species Management Division, 
NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 
01930.

FOR FURTHER INFORMATION CONTACT: Brad McHale at (978) 281-9260.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual 
authority of the Magnuson-Stevens Act and ATCA. ATCA authorizes the 
Secretary of Commerce (Secretary) to implement binding recommendations 
of ICCAT. The authority to issue regulations under the Magnuson-Stevens 
Act and ATCA has been delegated from the Secretary to the Assistant 
Administrator for Fisheries, NOAA (AA).

Background

    On May 28, 1999, NMFS published in the Federal Register (64 FR 
29090) final regulations, effective July 1, 1999, implementing the HMS 
FMP that was adopted and made available to the public in April 1999. 
The HMS FMP and its implementing regulations require that NMFS issue 
quota specifications and effort controls for the BFT fisheries on an 
annual basis in accordance with internationally set quotas and domestic 
allocations. Further background information and rationale for these 
final initial quota specifications and General category effort controls 
were contained in the proposed initial quota specifications and effort 
controls (67 FR 43266, June 27, 2002) and are not repeated here.
    The final initial quota specifications are necessary to implement 
the 1998 ICCAT recommendation, which established a rebuilding program 
for Western Atlantic BFT and is required by ATCA, and to achieve 
domestic management objectives under the Magnuson-Stevens Act. In 
accordance with the HMS FMP, the final initial quota specifications 
allocate the total ICCAT-recommended quota, including carryover of 
unharvested 2001 fishing year quota, among the established domestic 
fishing categories and are consistent with the BFT rebuilding program.
    NMFS issues the 2002 fishing year (June 1, 2002--May 31, 2003) BFT 
final initial quota specifications under the annual and inseason 
adjustment procedures of the HMS FMP. Also, in accordance with the HMS 
FMP, NMFS announces the General category effort control schedule, 
including time-period subquotas and restricted fishing days (RFDs), for 
the 2002 fishing year. The final initial quota specifications may 
subsequently be adjusted during the course of the fishing year, 
consistent with the provisions of the HMS FMP. Notice of any such 
adjustments will be published in the Federal Register.

Changes From the Proposed Specifications

    Based upon consideration of public comments received during the 
comment period, NMFS is revising the number of RFDs proposed for the 
2002 fishing year. The revised schedule is indicted in the section 
addressing effort controls. Specifically, NMFS is not implementing the 
RFDs proposed for August, September, or early October, and is 
implementing RFDs for portions of October, and November. The intent of 
these revisions is to help spread out fishing effort, slow the pace of 
landings

[[Page 61538]]

only when catch rates are likely to be high, and extend the fishery. In 
addition, minor modifications have been made to the 2002 fishing year 
quotas based on revised landings for the 2001 fishing year.

Domestic Quota Allocation

    The HMS FMP and its implementing regulations established baseline 
percentage quota shares of the ICCAT-recommended U.S. BFT quota for 
each of the domestic fishing categories. These percentage shares were 
based on allocation procedures that had been developed by NMFS over 
several years. The baseline percentage quota shares established in the 
HMS FMP for fishing years beginning June 1, 1999 are as follows: 
General category--47.1 percent; Harpoon category--3.9 percent; Purse 
Seine category--18.6 percent; Angling category--19.7 percent; Longline 
category--8.1 percent; Trap category--0.1 percent; and Reserve--2.5 
percent.
    The current ICCAT BFT quota recommendation allows, and U.S. 
regulations require, the addition or subtraction, as appropriate, of 
any underharvest or overharvest in a fishing year to the following 
fishing year, provided that such carryover does not result in 
overharvest of the total annual quota and is consistent with all 
applicable ICCAT recommendations, including restrictions on landings of 
school BFT. Therefore, NMFS adjusts the 2002 fishing year quota 
specifications for the BFT fishery to account for underharvest and 
overharvest in the 2001 fishing year.
    In accordance with ICCAT recommendations and the regulations 
regarding BFT quota allocation at Sec.  635.27(a), the total landings 
quota will be divided among domestic user groups based on these 
established percentage shares mentioned above. NMFS may apportion a 
landings quota allocated to any category to specified fishing periods 
or to geographical areas. Based on these established procedures NMFS 
finalizes specifications for the 2002 fishing year that include 
carryover adjustments. The final initial quotas are: General category--
647.0 mt; Harpoon category--75.9 mt; Purse Seine category--317.7 mt; 
Angling category--429.0 mt; Longline category--140.7 mt; and Trap 
category--2.3 mt. Additionally, 75.3 mt would be reserved for inseason 
allocations or to cover scientific research collection and potential 
overharvest in any category except the Purse Seine category. 
Regulations at 50 CFR 635.27(a)(9)(i) require Purse Seine category 
under or overharvests to be subtracted from or added to each individual 
vessel's quota allocation, as appropriate.
    These final initial quotas include provisions for each category to 
carry forward any underharvest from 2001 to the 2002 fishing year. An 
exception is the unused school reserve (approximately 20.1 mt) from 
2001, along with an additional 20.0 mt of unused Longline South 
subcategory quota, which are placed into the Reserve. This additional 
reserve quota will be allocated among the domestic fishing categories, 
as appropriate, during the 2002 fishing year, in accordance with the 
inseason transfer criteria in the HMS regulations.
    As part of the BFT rebuilding program, ICCAT recommended an 
allowance for dead discards. The U.S. dead discard allowance is 68 mt. 
The 2000 calendar year preliminary estimate of U.S. dead discards, as 
reported in pelagic longline vessel logbooks, totaled 67.0 mt (U.S. 
National Report to ICCAT 2001). As estimates of BFT dead discards for 
the 2001 fishing year will not be available for some time, the estimate 
for the 2000 calendar year was used to calculate the amount to be added 
to, or subtracted from, the U.S. BFT landings quota for 2002 as a 
result of dead discards. Estimates of dead discards from other gear 
types and fishing sectors that do not use the pelagic longline vessel 
logbook are unavailable at this time and thus are not included in this 
calculation. As U.S. fishing activity is estimated to have resulted in 
less dead discards than its allowance, the ICCAT recommendation and 
U.S. regulations state that the U.S. may add one half of the difference 
between the amount of dead discards and the allowance (i.e., 68.0 mt- 
67.0 mt = 1.0 mt, 1.0 mt/2 = 0.5 mt) to its total allowed landings for 
the following year, or to individual fishing categories or to the 
Reserve. NMFS allocates the 0.5 mt to the Reserve quota, which may then 
be allocated to individual fishing categories as necessary during the 
fishing year.
    Based on the final initial specifications, the Angling category 
quota of 429.0 mt would be divided as follows: School BFT--175.1 mt, 
with 98.1 mt to the northern area (north of 39[deg] 18' N. lat.), 77.0 
mt to the southern area (south of 39[deg] 18' N. lat.), plus 20.5 mt 
held in reserve; large school/small medium BFT--226.2 mt, with 120.5 mt 
to the northern area and 105.7 mt to the southern area; and large 
medium/giant BFT--7.2 mt, with 3.0 mt to the northern area and 4.2 mt 
to the southern area. These subquotas reflect the adjusted north-south 
dividing line (39[deg] 18' N. lat.) and percentage quota allocations in 
the northern and southern areas for the Angling category, as 
implemented by NMFS through a final rule on August 15, 2001 (66 FR 
42801).
    The Longline category quota of 140.7 mt would be subdivided as 
follows: 30.3 mt to longline vessels landing BFT north of 34[deg] N. 
lat. and 110.4 mt to longline vessels landing BFT south of 34[deg] N. 
lat.

General Category Effort Controls

    For the last several years, NMFS has implemented General category 
time-period subquotas to increase the likelihood that fishing would 
continue throughout the entire fishing season. The subquotas are 
consistent with the objectives of the HMS FMP and are designed to 
address concerns regarding allocation of fishing opportunities, to 
assist with distribution and achievement of optimum yield, to allow for 
a late season fishery, and to improve market conditions and scientific 
monitoring.
    The HMS FMP divides the annual General category quota into three 
time-period subquotas as follows: 60 percent for June-August, 30 
percent for September, and 10 percent for October-December. These 
percentages would be applied to the adjusted 2002 coastwide quota for 
the General category of 637.0 mt, with the remaining 10.0 mt being 
reserved for the New York Bight fishery. Therefore, coastwide, 382.2 mt 
would be available in the period beginning June 1 and ending August 31; 
191.1 mt would be available in the period beginning September 1 and 
ending September 30; and 63.7 mt would be available in the period 
beginning October 1 and ending December 31, 2002.
    In addition to time-period subquotas, NMFS also has implemented 
General category RFDs to extend the fishing season throughout the 
entire General category BFT season. The RFDs are consistent with the 
objectives of the HMS FMP and are designed to address the same issues 
addressed by time-period subquotas. This year a substantial amount of 
General category quota carried over from the June-August time-period 
subquota to the September time-period subquota due to low catch rates. 
Catch rates of BFT in the General category appear to have shifted in 
recent years from a pattern of high catch rates in the summer (June-
August time period) and lower catch rates in the fall/winter 
(September-December time period) to a pattern of low catch rates in the 
summer and higher catch rates in the fall/winter. NMFS has typically 
adjusted retention limits and scheduled RFDs in the summer to spread 
out

[[Page 61539]]

fishing effort, slow catch rates, and extend the fishery. In recent 
years, NMFS had not implemented many RFDs in the fall/winter since most 
of the available quota had already been caught. Given the shift in 
catch rate pattern, NMFS believes that higher retention limits and 
fewer RFDs (if any) in the summer and more RFDs (and possibly, lower 
retention limits) in the fall/winter are appropriate to meet the 
objectives of maximum utilization of available quotas and equitable 
fishing opportunities.
    Due to this apparent shift in catch rates, NMFS announces the final 
2002 fishing year RFD schedule. Persons aboard vessels permitted in the 
General category are prohibited from fishing, including tag-and-release 
fishing, for BFT of all sizes on the following days: October 13, 14, 
16, 20, 21, 23, 27, 28, and 30; November 13, 17, 18, 20, 24, 25, and 
27. These RFDs will improve distribution of fishing opportunities 
without increasing BFT mortality. The above RFD schedule may be 
adjusted upon consideration of actual catch rates relative to the 
available quota in each category.

Comments and Responses

    Comment 1: Some commenters stated that NMFS should remove all RFDs 
because recent catch rates do not justify maintaining them as a 
management tool and they have impeded fishermen from having a 
reasonable opportunity to land the quotas previously established for 
particular time periods. Other commenters stated that NMFS should use 
its ability to institute RFDs during the season as necessary, based on 
some pre-determined sustained catch rate. Some comments received stated 
that the RFD schedule should remain as it was finalized last year to 
extend the season as long as possible. Many commented that NMFS should 
implement RFDs in the October through December time period subquota to 
ensure that the southern states have an equal opportunity to harvest 
the quota.
    Response: NMFS has adjusted the RFD schedule from the schedule 
announced in the proposed specifications. NMFS had proposed three RFDs 
for the month of August. Based on a review of dealer reports, daily 
landing trends, and the availability of BFT on the fishing grounds, 
NMFS has determined that, for the months of August and September, the 
previously proposed RFDS should not be implemented. RFDs, in 
conjunction with the General category quota subdivision, help achieve 
HMS FMP objectives to achieve optimum yield and address allocation 
issues. In addition, maintaining the current pattern and schedule of 
RFDs provides some benefit to fishermen as it offers a certain level of 
predictability and, in particular, provides the South Atlantic states 
an opportunity to harvest General category quota. However, over the 
past several years, landings have been highest during the later portion 
of the season, exacerbating the derby nature of the fishery and 
contributing to market gluts. Implementing RFDs for the later portion 
of the season may help spread out fishing effort, slow the pace of 
landings, and extend the fishery. However, NMFS recognizes that the 
weather is unpredictable during this time period for the fishery, 
particularly in the later half of October and early November, and that 
poor weather conditions may limit participation without the need for 
additional RFDs during this part of the season. Should BFT landings and 
catch rates during the late season fishery merit the waiving of RFDs, 
NMFS could adjust the daily retention limits with a minimum 3-day 
notification to fisherman, and through publication of this adjustment 
in the Federal Register, under 50 CFR 635.23(a)(4).
    Comment 2: NMFS should reinstate the incidental catch quota for 
herring purse seine vessels and include mid-water trawlers as well, 
which occasionally catch BFT incidental to their target species.
    Response: NMFS evaluated gear types used in the Atlantic tuna 
fisheries during the development of the HMS FMP and determined that, in 
order to facilitate enforcement against unauthorized landings of BFT, 
only fixed ``trap'' gear types (i.e., pound nets and fish weirs) were 
eligible for incidentally caught BFT in the renamed Trap category. NMFS 
suggests that interested parties consult with their representatives on 
the HMS Advisory Panel (AP) to provide comments/guidance during the 
next HMS AP meeting.
    Comment 3: NMFS received many comments that North Carolina (NC) 
should have its own General and Angling category set aside quotas. Some 
commenters stated that by not allowing NC a commercial fishery NMFS may 
be in violation of National Standard 4. These commenters also stated 
that the current General category allocation scheme discriminates 
between residents of different states and fails to provide equitable 
fishing opportunities across different geographical areas. Comments 
also requested that there be a December time-period subquota 
established for southern states. Other comments received stated that 
historical fisheries must be restored before any new fisheries, such as 
a commercial handgear fishery in NC, are created.
    Response: NMFS maintains the current quota allocation scheme and 
has not implemented a specific set-aside quota for NC. Fishermen in the 
state of NC have the opportunity to fish recreationally under the 
Angling category bag limits, and NMFS has the ability to open and close 
the Angling category to ensure reasonable fishing opportunities in all 
areas, including NC. Thus, NMFS does not believe a set-aside of Angling 
category quota is necessary for NC or any other area. During FMP 
development, the issue of opening a southern commercial BFT fishery and 
establishing a set-aside for a NC General category fishery was 
extensively discussed by the HMS AP and the public. However, the HMS AP 
did not reach consensus on how to address the requests for a southern 
commercial fishery. NMFS maintains its position that allowing new gear 
types and/or increasing the scale of fisheries for BFT would not be 
consistent with the rebuilding plan currently in place. NMFS is 
currently assessing the magnitude and scope of the fishing activities, 
and is continuing to work with the HMS AP on issues associated with a 
NC General category BFT fishery. NMFS maintains the status quo time-
period subquota breakdown in the 2002 final initial specifications. 
Long-term effort controls were addressed in the HMS FMP to achieve a 
variety of FMP objectives. Specifically, the status quo regime for the 
General category assists attainment of optimum yield, and addresses 
allocation issues by lengthening the season over time and space in a 
category with high participation and catch rates.
    Pursuant to 50 CFR 635.27(a)(8), NMFS also has the authority to 
transfer quotas among categories, or, as appropriate, subcategories, of 
the fishery, after considering the following factors: (1) The 
usefulness of information obtained from catches in the particular 
category for biological sampling and monitoring of the status of the 
stock; (2) the catches of the particular category quota to date and the 
likelihood of closure of that segment of the fishery if no allocation 
is made; (3) the projected ability of the vessels fishing under the 
particular category quota to harvest the additional amount of BFT 
before the end of the fishing year; (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

[[Page 61540]]

HMS FMP. If it is determined, based on the above factors and the 
probability of exceeding the total quota, that vessels fishing under 
any category or subcategory quota are not likely to take that quota, 
NMFS may transfer inseason any portion of the remaining quota of that 
fishing category to any other fishing category or to the Reserve quota. 
Such transfers could address the concerns of those participants in the 
late season fisheries.
    Comment 4: An incidental take allowance of Large school/Small 
medium BFT should be allowed for commercial handgear vessels. 
Historically, the Large school/Small medium size class BFT were caught 
by General category vessels and were sold or retained for personal use. 
Commenters asserted that, due to a change in 1991, there has been no 
fishery for that size class to speak of, resulting in a potential for 
unharvested quota and increased regulatory discards. Commenters stated 
NMFS should allow commercial handgear vessels an annual allowance of 
BFT below the commercial minimum size to alleviate some of this excess 
quota carryover and to minimize waste of the BFT resource.
    Response: NMFS maintains the 73-inch (185-cm) commercial minimum 
size at this time. With the development of an international market in 
Japan for giant BFT and high ex-vessel prices, the distinction between 
U.S. recreational and commercial fisheries for BFT became blurred and 
much of the traditional recreational catch for medium and giant BFT was 
being sold for shipment to Japan. In 1992, NMFS responded by 
implementing the current commercial minimum size limit and this limit 
was maintained in the HMS FMP, as it is consistent with the objectives 
of the HMS FMP and achieving optimum yield in the fishery. By lowering 
the commercial minimum size to allow incidental takes, the number of 
BFT landed (hence, mortality) could increase, which may affect long-
term rebuilding. Currently, all BFT less than 73 inches (185 cm) are 
allocated to the Angling category, and lowering the commercial minimum 
size to allow the sale of these fish by vessels in commercial permit 
categories would be considered a re-allocation of quota, which is 
beyond the scope of this rulemaking.
    Comment 5: Some commenters stated that NMFS should use multiple 
fish retention limits in the General category to assure that time-
period sub-quotas are harvested within their allotted time frame. Some 
stated that multiple fish retention limits should be implemented early 
in the season, while others stated that they should be implemented in 
the end of the season.
    Response: NMFS maintains the authority to increase or decrease the 
General category daily retention limit of large medium and giant BFT 
over a range from zero to a maximum of three per vessel. NMFS may use 
this flexibility in the daily limit to provide fishermen a reasonable 
opportunity to achieve the General category quota. Starting the season 
with a multiple fish retention limit could work to the fishermen's 
disadvantage if the season has to be closed early in the fishing year. 
Starting at one large medium or giant per day should provide the 
greatest opportunity for a longer season, thus providing maximum 
fishing opportunities to the greatest number of fishery participants 
over the greatest geographic area.
    Comment 6: NMFS should use the previous fishing year's final 
initial quota specifications as the proposed specification in the 
following year.
    Response: Due to the varying and complex nature of the BFT 
fisheries from year to year, as well as the results of inseason 
transfers and adjustment due to underharvests and/or overharvests from 
one year to the next, domestic quota category allocations could 
significantly change. Thus, the specification from one year may not 
correspond well for a following year. NMFS suggests that interested 
parties consult with their representatives on the HMS AP to provide 
comments/guidance on the quota specification process during the next 
HMS AP meeting.
    Comment 7: The General category fishery should not have a cap date 
of December 31, but should continue through March.
    Response: Prior to implementation of the HMS FMP in 1999, the 
Atlantic tunas fishing year coincided with the calendar year, with the 
General category season ending December 31. These time-period subquotas 
were selected as the preferred alternative and final action in the HMS 
FMP. The FMP also established the Atlantic tunas fishing year as June 
through May 31 of the following year. As specified in the HMS FMP, the 
change to the new fishing year was not intended to authorize new 
fishing seasons or change fishing patterns. NMFS has stated its intent 
clearly in the HMS FMP and several other NMFS documents, including the 
2000 final annual specifications published on July 12, 2000 (65 FR 
42883), which indicate an end date of December 31 for the General 
category season. Adjustments to this end date would require a separate 
rulemaking. NMFS would need to assess the potential impacts and the 
order of magnitude of the fishing activities that would be associated 
with January through March General category BFT fishery. NMFS suggests 
that interested parties consult with their representatives on the HMS 
AP to provide comments/guidance on the season length during the next 
HMS AP meeting.

Subsequent Adjustments

    The 2002 BFT fishing year runs from June 1, 2002 through May 31, 
2003. Development of BFT quota specifications and effort controls is 
dependent upon landings information from the previous fishing season. 
However, final landings data are not available before the start of the 
new season. When the proposed rule for this action was issued on June 
27, 2002, the 2001 BFT landings data upon which it relied were 
preliminary and subject to change. NMFS may receive further data on 
2001 landings in the future, thus these final initial specifications 
may be adjusted later in the 2002 season. Notice of any such 
adjustments will be published in the Federal Register.

Classification

    These final initial specifications and effort controls are 
published under the authority of the Magnuson-Stevens Act, 16 U.S.C. 
1801 et seq., and the Atlantic Tunas Convention Act, 16 U.S.C. 971 et 
seq. The AA has determined that the final initial specifications and 
the effort controls are consistent with the HMS FMP, the Magnuson-
Stevens Act, and the 1998 ICCAT BFT catch recommendation.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration when these initial quota specifications and General 
category effort controls were proposed that, if adopted, they would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification may be found in the 
proposed initial specifications (67 FR 43266). No comments were 
received regarding the differential economic impacts of these quota 
specifications on small entities. Accordingly, neither an Initial nor 
Final Regulatory Flexibility Analysis was prepared.
    These final initial quota specifications and General category 
effort controls have been determined to be not significant for purposes 
of Executive Order 12866.
    On September 7, 2000, NMFS reinitiated formal consultation for all

[[Page 61541]]

HMS commercial fisheries under section 7 of the Endangered Species Act. 
A Biological Opinion (BiOp) issued June 14, 2001, concluded that 
continued operation of the Atlantic pelagic longline fishery is likely 
to jeopardize the continued existence of endangered and threatened sea 
turtle species under NMFS jurisdiction. NMFS issued a final rule on 
July 9, 2002 (67 FR 45393), to implement the reasonable and prudent 
alternative required by the BiOp. These final initial quota 
specifications and effort controls would not have any additional impact 
on sea turtles as these actions would not likely increase or decrease 
pelagic longline effort, nor are they expected to shift effort into 
other fishing areas. No irreversible or irretrievable commitments of 
resources are expected from this action that would adversely affect the 
implementation of the requirements of the BiOp.
    The area in which this final action is planned has been identified 
as essential fish habitat (EFH) for species managed by the New England 
Fishery Management Council, the Mid-Atlantic Fishery Management 
Council, the South Atlantic Fishery Management Council, the Gulf of 
Mexico Fishery Management Council, the Caribbean Fishery Management 
Council, and the Highly Migratory Species Management Division of the 
Office of Sustainable Fisheries at NMFS. It is not anticipated that 
this action will have any adverse impacts to EFH and, therefore, no 
consultation is required.
    To ensure that the United States' actions are consistent with 
international obligations under ICCAT, and because the fishing season 
is underway, it is essential that these bluefin tuna (BFT) quota 
specifications and General category effort controls are effective upon 
publication. Therefore, pursuant to 5 U.S.C. 552 (d)(3), NMFS has 
determined that there is good cause to waive the 30-day delay of the 
effective date. NMFS will rapidly communicate these final initial 
specifications to affected fishermen through its FAX network.

    Dated: September 25, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-24946 Filed 9-30-02; 8:45 am]
BILLING CODE 3510-22-S