[Federal Register Volume 69, Number 225 (Tuesday, November 23, 2004)]
[Rules and Regulations]
[Pages 68094-68095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25959]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 111804A]


Atlantic Highly Migratory Species; Bluefin Tuna Fisheries

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

ACTION: Closure.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) 
General category and Angling category fisheries will close in all 
areas. This action is being taken to ensure that U.S. BFT harvest is 
consistent with recommendations of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT), pursuant to the Atlantic Tunas 
Convention Act (ATCA), to meet domestic management objectives under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and the Fishery Management Plan for Atlantic Tunas, 
Swordfish and Sharks (HMS FMP), and to prevent overharvest of the 2002 
ICCAT recommended quota.

DATES: Effective 11:30 p.m., local time November 19, 2004, through 
11:30 p.m., local time May 31, 2005.

FOR FURTHER INFORMATION CONTACT: Highly Migratory Species (HMS) 
Management Division at 978-281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the ATCA (16 U.S.C. 971 et seq.) and the 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 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 proposed initial 2004 BFT Quota and General category 
effort controls will be published in the Federal Register in the near 
future.

General and Angling Category Closure

    Based on anticipated quotas and concern over potential overharvest, 
the most recent General category and Angling category BFT landing 
estimates, previous fishing years landing estimates, availability of 
BFT on the fishing grounds, physical oceanographic conditions, and 
social and economic aspects of these two fishing categories, NMFS has 
determined that a closure in both the General and Angling quota 
categories is warranted at this time. Therefore, fishing for, 
retaining, possessing, or landing BFT by persons aboard vessels 
permitted in the Atlantic tunas General, HMS Angling, and HMS Charter/
Headboat categories, must cease at 11:30 p.m. local time November 19, 
2004, in all areas. The intent of these closures is to ensure that the 
overall U.S. BFT harvest is consistent with ICCAT recommendations.
    When more precise quota and landings estimates are available these 
fisheries may be reopened to provide Angling, General and Charter/
Headboat category fishermen fishing opportunities off south Atlantic 
states during the December/January time frame when BFT are expected to 
be available as in recent prior years. NMFS will announce any re-
openings and/or quota transfers in separate Federal Register notices. 
Atlantic tunas General, HMS Angling, and HMS Charter/Headboat category 
permit holders may tag and release BFT of all sizes while the General 
and Angling quota categories are closed, subject to the requirements of 
the tag-and-release program at Sec.  635.26.
    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.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that it 
is impracticable and contrary to the public

[[Page 68095]]

interest to provide prior notice of, and an opportunity for public 
comment on, this action. Based on anticipated BFT quotas, recent 
landings reports, availability of BFT on the fishing grounds, and 
current fishing effort, these closures are necessary to ensure 
sufficient quota remains available to ensure overall 2004 fishing year 
landings are consistent with ICCAT recommendations and the HMS FMP. 
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, and posting the closure notice on 
the internet at http://www.nmfspermits.com.
    These fisheries are currently underway and delaying this action 
would be contrary to the public interest as it could result in 
excessive BFT landings that would preclude planned recreational and 
commercial fishing opportunities off south Atlantic states later in the 
season. To provide sufficient quota for this late season fishery and to 
remain within ICCAT recommended quotas, NMFS must close these fisheries 
before additional landings accumulate. 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.
    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: November 18, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-25959 Filed 11-18-04; 3:44 pm]
BILLING CODE 3510-22-S