[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Rules and Regulations]
[Pages 41995-41996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17695]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XX26
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS closes the northern area Angling category fishery for
large medium and giant (``trophy'') BFT for the remainder of 2010.
Fishing for, retaining, possessing, or landing large medium and giant
BFT (measuring 73 inches (185 cm) curved fork length or greater) north
of 39[deg] 18' N. lat. (off Great Egg Inlet, NJ) is prohibited
effective at 11:59 p.m., July 18, 2010. This action is being taken to
prevent overharvest of the 2010 Angling category quota northern area
subquota for large medium and giant BFT.
DATES: Effective 11:59 p.m. on July 18, 2010, through December 31,
2010.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 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, per the
allocations established in the 2006 Consolidated Highly Migratory
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006).
NMFS is required, under Sec. 635.28(a)(1), to file a closure
notice with the Office of the Federal Register for publication when a
BFT quota is reached or is projected to be reached. On and after the
effective date and time of such 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 notice.
The 2010 BFT quota specifications established a quota of 5.2 mt of
large medium and giant BFT (measuring 73 inches curved fork length or
greater) to be harvested in the northern area, i.e., north of 39[deg]
18' N. lat. (off Great Egg Inlet, NJ) by vessels permitted in the HMS
Angling or Charter/Headboat category (while fishing recreationally)
during 2010 (75 FR 30732, June 2, 2010). On June 14 (75 FR 33531), NMFS
announced three Angling category BFT fishery inseason actions,
effective June 12, 2010: a change to the daily retention limit, closure
of the southern area trophy fishery, and a quota transfer of 1.7 mt
from the Reserve to the northern area trophy fishery. The southern area
trophy BFT closure was based on reported landings of trophy BFT via the
North Carolina Tagging Program. NMFS
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transferred quota from the Reserve to the Angling category so that 1.7
mt (the amount established in the 2010 BFT quota specifications) would
be available for the landing of trophy BFT in the northern area. NMFS
has determined that the northern area trophy BFT subquota has been
reached. Therefore, through December 31, 2010, fishing for, retaining,
possessing, or landing large medium or giant BFT north of 39[deg] 18'
N. lat. by persons aboard vessels permitted in the HMS Angling category
and the HMS Charter/Headboat category (while fishing recreationally)
must cease at 11:59 p.m. on July 18, 2010.
The intent of this closure is to prevent overharvest of the Angling
category northern area trophy BFT subquota. Anglers are reminded that
all non-tournament BFT landed under the Angling category quota must be
reported within 24 hours of landing either online at www.hmspermits.gov
or by calling (888) 872-8862. In Maryland and North Carolina, vessel
owners must report their recreational tuna landings at state-operated
reporting stations. For additional information on these programs,
including reporting station locations, please call (410) 213-1351
(Maryland) or (800) 338-7804 (North Carolina).
Anglers may catch and release (or tag and release) BFT of all
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs at Sec. 635.26. Anglers are also reminded that
all released BFT must be returned to the sea immediately with a minimum
of injury and without removing the fish from the water, consistent with
requirements at Sec. 635.21(a)(1).
If needed, subsequent Angling category adjustments will be
published in the Federal Register. In addition, fishermen may call the
Atlantic Tunas Information Line at (888) 872-8862 or (978) 281-9260, or
access www.hmspermits.gov, for updates.
Classification
The Assistant Administrator for NMFS (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 for
the following reasons:
The regulations implementing the Consolidated HMS FMP provide for
inseason retention limit adjustments to respond to the unpredictable
nature of BFT availability on the fishing grounds, the migratory nature
of this species, and the regional variations in the BFT fishery. The
closure of the northern area Angling category trophy fishery is
necessary to prevent overharvest of the Angling category northern area
trophy BFT subquota. NMFS provides notification of closures by
publishing the notice in the Federal Register, e-mailing individuals
who have subscribed to the Atlantic HMS News electronic newsletter, and
updating the information posted on the Atlantic Tunas Information Line
and on www.hmspermits.gov.
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 may result in future potential quota
reductions for the Angling category. NMFS must close the northern area
trophy BFT fishery before additional landings of these size BFT
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 30-day delay in effectiveness.
This action is being taken 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.
Dated: July 15, 2010.
Galen Tromble,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-17695 Filed 7-15-10; 4:15 pm]
BILLING CODE 3510-22-S