[Federal Register Volume 67, Number 243 (Wednesday, December 18, 2002)]
[Rules and Regulations]
[Pages 77433-77434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31853]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 121202A]


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 2002 fishing year Atlantic 
bluefin tuna (BFT) General category quota will be attained by December 
15, 2002. Therefore, the General category fishery will be closed 
effective 11:30 p.m. on December 15, 2002. This action is being taken 
to prevent overharvest of the total adjusted General category quota of 
882.0 metric tons (mt).

DATES: Effective 11:30 p.m. local time on December 15, 2002, through 
May 31, 2003.

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 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 on October 1, 2002 [numsign](67 FR 61537).

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.
    Adjustments to the 2002 fishing year BFT quota specifications 
issued pursuant to Sec.  635.27 (FR cites on 67 FR 68045 Nov. 8 '02 
adjustments and 67 FR 71487 Dec. 2 '02) set a total coastwide General 
category quota of 882.0 mt of large medium and giant BFT to be 
harvested from the regulatory area during the 2002 fishing year. Based 
on reported landings and effort, NMFS projects that this quota will be 
reached by December 15, 2002. 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 December 15, 2002. The intent of 
this closure is to prevent overharvest of the adjusted 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 HMS 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, 2002 through May 31, 2003 (67 FR 39869, June 11, 2002) is one large 
school or small medium BFT (measuring from 47 to less than 73 inches 
(from 119 to less than 185 cm) curved fork length). In addition, HMS 
Charter/Headboat category vessels may continue to retain one large 
medium or giant ``trophy'' BFT, measuring 73 inches (185 cm) or 
greater, per fishing year (June 1 through May 31). Trophy BFT can not 
be sold and all BFT landed under the Angling category quota must be 
reported by calling 1-888-872-8862 or by using the Internet at 
www.nmfspermits.com, unless there is a landing tag requirement in the 
state of landing.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds for 
good cause that providing prior notice and public comment for this 
action, as required under 5 U.S.C. 553 (b) (B), is impracticable and 
contrary to the public interest. This closure is intended to prevent 
the overharvest of the adjusted BFT quota established for the coastwide 
General category. The fishery is currently underway and any delay in 
closure could cause the fishery to exceed the quota and be inconsistent 
with domestic and international requirements and objectives. For these 
reasons 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). NMFS provides 
as much advance notification of the closure as possible by publishing 
the closure notice in the Federal Register, faxing notification to 
individuals on the HMS FAX Network and to known fishery 
representatives, announcing the notice on the Atlantic Tunas 
Information Line, and announcing the closure notice over NOAA Weather 
and Coast Guard radio channels. This action is required under 50 CFR 
635.28(a) (1) and is exempt from review under Executive Order 12866.

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


[[Page 77434]]


    Dated: December 13, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-31853 Filed 12-13-02; 2:38 pm]
BILLING CODE 3510-22-S