[Federal Register Volume 67, Number 217 (Friday, November 8, 2002)]
[Rules and Regulations]
[Pages 68045-68046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28494]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 110102E]


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 Atlantic bluefin tuna New York 
Bight set-aside fishery.

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SUMMARY: NMFS opens the Atlantic bluefin tuna (BFT) General category 
New York Bight set-aside fishery. This action is being taken to provide 
for General category fishing opportunities in the New York Bight.

DATES: Effective 1 a.m. on November 5, 2002, 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: Brad McHale or Dianne Stephan, 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 
2002 fishing year General category quota and effort control 
specifications were issued October 1, 2002 (67 FR 61537).

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 where the shoreline intersects 72[deg] 27' W. 
long. (Shinnecock Inlet) and running SSE 150 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. NMFS closed the coastwide General 
category fishery on October 25, 2002 (67 FR 66072). 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. Based on the presence of large medium and giant BFT in the 
New York Bight area, fishermen have contacted NMFS requesting an 
opportunity to participate in this fishery. Since the coastwide General 
category fishery is closed and large medium and giant BFT are now 
available in the New York Bight, NMFS will open the New York Bight set-
aside fishery effective 1 a.m., November 5, 2002, 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. The daily retention 
limit for the set-aside fishery will be one large medium or giant BFT 
(measuring 73 inches (185 cm) or larger) per vessel per day. 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 Highly Migratory Species (HMS) 
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, HMS Charter/Headboat category vessels are subject to 
the same rules as General category vessels. HMS Charter/Headboat

[[Page 68046]]

category vessels may continue to fish in all areas under the Angling 
category regulations while the Angling category is open. Vessels 
permitted in the HMS 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 trophy BFT prior to May 31, 
2003. Trophy BFT may not be sold and must be reported.
    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 HMS Fax Network, the Atlantic Tunas Information Line, HMS 
web sites, NOAA weather radio, 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 or check the HMS web sites to verify 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. 
The web sites are www.nmfspermits.com and www.nmfs.noaa.gov/sfa/hmspg.html.

Classification

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

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

    Dated: November 4, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-28494 Filed 11-5-02; 3:20 pm]
BILLING CODE 3510-22-S