[Federal Register Volume 68, Number 241 (Tuesday, December 16, 2003)]
[Rules and Regulations]
[Pages 69969-69970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30914]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 120903A]


Atlantic Highly Migratory Species; Bluefin Tuna Fisheries

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 2003 fishing year Atlantic 
bluefin tuna (BFT) General category quota will be attained by December 
10, 2002. Therefore, the General category fishery will be closed 
effective 11:30 p.m. on December 10, 2003. This action is being taken 
to prevent overharvest of the total adjusted General category quota of 
534.4 metric tons (mt).

DATES: Effective 11:30 p.m. local time on December 10, 2003, through 
May 31, 2004.

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 (Magnuson-
Stevens 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, and together 
with General category effort controls are specified annually under 50 
CFR 635.23(a) and 635.27(a). The final initial 2003 BFT Quota and 
General category effort controls were published on October 2, 2003 (68 
FR 56783).

General Category Closure

    NMFS is required, under Sec.  635.28 (a)(1), to file with the 
Office of the

[[Page 69970]]

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.
    The 2003 BFT quota specifications issued pursuant to Sec.  635.27 
set a General category quota of 684.4 mt of large medium and giant BFT 
to be harvested from the regulatory area during the 2003 fishing year, 
and divided the General category quota into time-period subquotas. On 
November 18, 2003, NOAA Fisheries transferred 150 mt to the Reserve 
category, establishing an adjusted coastwide General category quota of 
534.4 mt for the 2003 fishing year (68 FR 64990, November 18, 2003). 
Based on reported landings and effort, NMFS projects that the adjusted 
quota will be reached by December 10, 2003. Therefore, fishing for, 
retaining, possessing, or landing large medium or giant BFT intended 
for sale by persons aboard vessels in the General or HMS Charter/
Headboat categories must cease at 11:30 p.m. local time December 10, 
2003. The intent of this closure is to prevent overharvest of the 
adjusted quota established for the General category.
    If it is determined that quota remains uncaught in the General 
category, or if additional quota can be made available to the General 
category through an inseason transfer, NMFS will announce the re-
opening and/or transfer action in a separate Federal Register notice. 
General category and HMS Charter/Headboat 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.

Classification

    Pursuant to 5 U.S.C. 553 (b) (B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing for prior notice and public 
comment for this action is impracticable and contrary to the public 
interest. Based on recent landings reports, this closure is necessary 
to prevent the overharvest of the adjusted BFT quota established for 
the coastwide General category. The fishery is currently underway, and 
any further delay in this action would cause the fishery to exceed the 
quota and be inconsistent with domestic and international requirements 
and objectives. NMFS provides notification of the closure 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. For these same reasons, the AA also 
finds good cause to waive the 30-day delay in effective date pursuant 
to 5 U.S.C. 553 (d)(3). This action is required under 50 CFR 635.28(a) 
(1) and is exempt from review under E.O. 12866.

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

    Dated: December 9, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-30914 Filed 12-10-03; 3:50 pm]
BILLING CODE 3510-22-S