[Federal Register: October 30, 2002 (Volume 67, Number 210)]
[Rules and Regulations]               
[Page 66072]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc02-17]                         


[[Page 66072]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 102202A ]

 
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 October 
25, 2002. Therefore, the General category fishery will be closed 
effective 11:30 p.m. on October 25, 2002. This action is being taken to 
prevent overharvest of the total adjusted General category quota of 
777.0 metric tons (mt).

DATES: Effective 11:30 p.m. local time on October 25, 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 (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.
    The adjusted 2002 fishing year BFT quota specifications issued 
pursuant to Sec.  635.27 set a total adjusted coastwide General 
category quota of 767 mt, excluding the 10 mt New York Bight set-aside, 
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 October 25, 2002. 
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 
October 25, 2002. The intent of this closure is to prevent overharvest 
of the 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. 
In addition, NMFS will announce the opening date of the General 
category New York Bight fishery through a separate Federal Register 
notice if and when it is determined that large medium and giant BFT are 
available in the New York Bight area. 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 June 15 
through October 31, 2002 is four school, large school or small medium 
BFT (measuring from 27 to less than 73 inches (from 69 to less than 185 
cm) curved fork length). Effective November 1 through May 31, 2003, the 
daily retention limit in all areas for all vessels fishing under the 
Angling category quota (67 FR 39869, June 11, 2002) will be adjusted to 
one large school or small medium BFT (measuring from 47 inches to less 
than 73 inches (from 119 cm 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).

Classification

    This action is taken under Sec.  635.28(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: October 24, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-27560 Filed 10-25-02; 11:57 am]
BILLING CODE 3510-22-S