[Federal Register Volume 67, Number 231 (Monday, December 2, 2002)]
[Rules and Regulations]
[Pages 71487-71488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30451]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 112202D]


Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin 
Tuna

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

ACTION: Quota transfers; fishery reopening.

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SUMMARY: NMFS adjusts the October-December subquota for the coastwide 
General category Atlantic bluefin tuna (BFT) fishery by transferring 
10.0 metric tons (mt) from the Longline North subcategory quota, 15.0 
mt from the Angling category (10.0 mt from the school size class North 
and 5.0 mt from the school size class South subcategories), 15.0 mt 
from the Harpoon category, 65.0 mt from the Reserve category, and 10.0 
mt from the General category New York Bight set-aside for a revised 
coastwide General category subquota of approximately 386.7 mt for 
October-December. NMFS reopens the coastwide BFT General category until 
the adjusted October-December subquota has been filled. These actions 
are being taken to allow for maximum utilization of the U.S. BFT 
landings quota while maintaining a fair distribution of fishing 
opportunities, preventing overharvest of the adjusted subquotas for the 
affected fishing categories, helping to achieve optimum yield in the 
General category fishery, and allowing the collection of a broad range 
of data for stock monitoring purposes, consistent with the objectives 
of the Fishery Management Plan for Atlantic Tunas, Swordfish, and 
Sharks (HMS FMP).

DATES: The quota transfers are effective November 26, 2002, through May 
31, 2003. The coastwide General category reopening is effective 
December 1 through December 31, 2002 or until the subquota has been 
reached.

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 quota recommended by the International 
Commission for the Conservation of Atlantic Tunas (ICCAT) among the 
various domestic fishing categories.

Quota Transfers

    Under the implementing regulations at 50 CFR 635.27(a)(8), NMFS 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 HMS FMP.
    If it is determined, based on the factors listed here 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.

Quota Adjustments

    Annual BFT quota specifications issued under Sec.  635.27 provide 
for a quota of 647.0 mt of large medium and giant BFT to be harvested 
from the regulatory area by vessels fishing under the General category 
quota during the 2002 fishing year. The General category BFT quota is 
further subdivided into time period subquotas to provide for broad 
temporal and geographic distribution of scientific data collection and 
fishing opportunities. The October-December subquota was initially set 
at 63.7 mt for the 2002 fishing year, and is currently 271.7 mt, after 
the addition of approximately 78.0 mt of unharvested subquota from 
previous periods and a previous quota transfer of 130 mt (67 FR 63854, 
October 16, 2002). As of November 13, 2002, BFT landings against the 
adjusted October-December General category subquota have totaled 
approximately 326.8 mt, exceeding the available coastwide quota by 55.1 
mt. An additional 10 mt has been set aside for the traditional fall New 
York Bight fishery.
    After considering the factors for making transfers between 
categories,

[[Page 71488]]

NMFS has determined that 10 mt of the remaining adjusted Longline North 
subcategory quota of approximately 13.3 mt should be transferred to the 
coastwide General category quota. NMFS has also determined that 15 mt 
of the remaining Angling school subcategory quota of approximately 
195.6 mt (10 mt of the remaining Angling school north subcategory quota 
of approximately 94.1 mt, and 5 mt of the remaining Angling school 
south subcategory quota of approximately 57.4 mt), 15 mt of the 
remaining Harpoon category quota of approximately 36.2 mt, and 65 mt of 
the remaining Reserve category quota should be transferred to the 
coastwide General category. Finally, NMFS has determined to transfer 
the remaining General category New York Bight set-aside subquota of 
approximately10 mt into the coastwide General category quota. The 
adjusted subquota for the coastwide General category fishery for the 
October-December period is 386.7 mt. Landings of large medium or giant 
BFT in the General category New York Bight set-aside area have been 
minimal this year and the transfer of the 10 mt set-aside should not 
adversely impact General category participants in this set-aside area. 
Vessels participating in General category New York Bight fishery may 
continue to land and sell large medium or giant BFT against the 
adjusted coastwide General category quota.
    Once the adjusted General category subquota for the October-
December period has been attained, the coastwide fishery will be 
closed. Announcement of the closure will be filed with the Office of 
the Federal Register, stating the effective date of closure, and 
further communicated through the HMS Fax Network, the Atlantic Tunas 
Information Lines, HMS websites, NOAA weather radio, and Coast Guard 
Notice to Mariners. Although notification of closure will be provided 
as far in advance as possible, fishermen are encouraged to call the 
Atlantic Tunas Information Line at (888) USA-TUNA or (978) 281-9305 or 
access www.nmfspermits.com, to check the status of the fishery before 
leaving for a fishing trip.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds for 
good cause that providing prior notice and public comment, as required 
under 5 U.S.C. 553 (b)(B), is impracticable and contrary to the public 
interest. Without immediate effectiveness of these inseason 
adjustments, NMFS would not be providing U.S. fishermen with a 
reasonable opportunity to catch the quota that ICCAT allocated to the 
United States. For this reason, and because the action relieves a 
restriction in reopening the fishery, the AA also finds good cause to 
waive the 30-day delay in effective date pursuant to 5 U.S.C. 553 
(d)(1) and (3). This action is undertaken pursuant to 50 CFR 635.27 and 
is exempt for review under Executive Order 12866.

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

    Dated: November 25, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-30451 Filed 11-26-02; 5:00 pm]
BILLING CODE 3510-22-S