[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Rules and Regulations]
[Pages 12142-12143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4832]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 030405B]


Atlantic Highly Migratory Species; Bluefin Tuna Fisheries

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

ACTION: Closure.

-----------------------------------------------------------------------

SUMMARY: NMFS has determined that the available Angling category 
Atlantic bluefin tuna (BFT) quota for the 2004 fishing year (June 1, 
2004 May 31, 2005) is projected to be reached by March 11, 2005. 
Therefore, the Angling category BFT fishery will close, coastwide, 
effective March 11, 2005. This action is

[[Page 12143]]

being taken to prevent overharvest of the adjusted Angling category 
quota of 299.6 metric tons (mt).

DATES: Effective 11:30 p.m., local time, March 11, 2005, through May 
31, 2005.

FOR FURTHER INFORMATION CONTACT: HMS Management Division at 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 and are specified annually under 50 CFR 
635.23(b) and 635.27(a).

Angling Category Closure

    NMFS is required, under 50 CFR 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.
    The 2004 final initial BFT quota specifications issued pursuant to 
635.27, set an Angling category quota of 76.5 mt to be harvested from 
the regulatory area during the 2004 fishing year (70 FR 10896, March 7, 
2005). On December 10, 2004, NMFS transferred a total of 223.1 mt from 
the General category to the Angling category establishing an adjusted 
Angling category BFT quota of 299.6 mt for the 2004 fishing year (69 FR 
71732). Based on the available Angling category quota and preliminary 
information regarding recreational BFT landings for the 2004 fishing 
year, NMFS projects that the available Angling category quota will be 
reached by March 11, 2005. Therefore, fishing for, retaining, 
possessing, or landing BFT by persons aboard vessels permitted in the 
Atlantic Highly Migratory Species (HMS) Angling, and HMS Charter/
Headboat categories, must cease at 11:30 p.m. local time March 11, 
2005, in all areas. The intent of this closure is to prevent 
overharvest of the available quota established for the Angling 
category. Atlantic HMS Angling and HMS Charter/Headboat category permit 
holders may tag and release BFT of all sizes while the Angling quota 
category is closed, subject to the requirements of the tag-and-release 
program at Sec.  635.26.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that it 
is impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action. Based 
on the available Angling category quota for the 2004 fishing year and 
the most recent information regarding recreational BFT landings, this 
closure is necessary to prevent overharvest of the adjusted Angling 
category quota.
    This fishery is currently underway and delaying this action would 
be contrary to the public interest as it will result in additional 
recreational BFT landings, potentially contributing to an overharvest 
of the adjusted Angling category quota. Therefore, the AA finds good 
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment. For all of the above reasons, there is 
good cause under 5 U.S.C. 553(d) to waive the delay in effectiveness of 
this action.
    NMFS provides notification of closures by publishing the closure 
notice in the Federal Register, faxing notification to individuals on 
the HMS FAX Network and know fishery representatives, announcing the 
notice on the Atlantic Tunas Information Lines, posting the closure 
notice on www.nmfspermits.com, and announcing the notice over the NOAA 
Weather radio channel.
    This action is being taken under 50 CFR 635.23(a)(4) and is exempt 
from review under Executive Order 12866.

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

    Dated: March 7, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-4832 Filed 3-8-05; 12:58 pm]
BILLING CODE 3510-22-S