[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Rules and Regulations]
[Pages 53671-53672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25188]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XS22


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION:  Inseason action; notification of applicable Longline category 
incidental retention limits.

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SUMMARY:  NMFS has determined that the 25-mt quota available for the 
Atlantic bluefin tuna (BFT) Longline category Northeast Distant gear 
restricted area (NED) fishery has been attained. NMFS announces that 
the Longline category incidental BFT retention limits will apply in the 
NED for the remainder of the fishing year. This action applies to 
Atlantic Tunas Longline category permitted vessels that fish in the 
NED.

DATES:  Effective October 20, 2009, through December 31, 2009.

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

[[Page 53672]]

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 Consolidated Highly Migratory Species Fishery Management Plan 
(Consolidated HMS FMP). The latest (2008) ICCAT recommendation for 
western Atlantic BFT included a U.S. quota of 1,034.9 mt for 2009, 
including a 25 mt set-aside for bycatch of BFT related to longline 
fisheries in the vicinity of the ICCAT management area boundary. For 
management and monitoring purposes, NMFS implements this set-aside for 
BFT landings made in the Northeast Distant gear restricted area (NED) 
by Atlantic Longline category permitted vessels. The NED is the 
Atlantic Ocean area bounded by straight lines connecting the following 
coordinates in the order stated: 35[deg]00' N. lat., 60[deg]00' W. 
long.; 55[deg]00' N. lat., 60[deg]00' W. long.; 55[deg]00' N. lat., 
20[deg]00' W. long.; 35[deg]00' N. lat., 20[deg]00' W. long.; 
35[deg]00' N. lat., 60[deg]00' W. long.

Application of Longline Category Incidental BFT Retention Limits in NED

    The 2009 adjusted BFT quota specifications issued pursuant to Sec.  
635.27 set a Longline category quota of 74.3 mt to be harvested 
incidentally from the regulatory area during the 2009 fishing year. 
Including the 25 mt for the NED, the total allowable quota for both 
categories for 2009 is 99.3 mt (74 FR 26110, June 1, 2009).
    Under the BFT retention limit regulations at Sec.  635.23(f)(3), 
once the 25-mt NED quota has been attained, the target catch 
requirements specified in Sec.  635.23(f)(1) apply. Based on reported 
Longline category BFT landings, NMFS has determined that the 25-mt NED 
quota has been reached. As of October 6, 2009, Longline landings of BFT 
in the NED total 37.6 mt. Therefore, the following retention limits 
will apply in the NED for vessels permitted in the Atlantic Tunas 
Longline category, effective October 20, 2009, through December 31, 
2009: One large medium or giant BFT per vessel per trip may be landed, 
provided that at least 2,000 lb (907 kg) of species other than BFT are 
legally caught, retained, and offloaded from the same trip and are 
recorded on the dealer weighout slip as sold. Two large medium or giant 
BFT per vessel per trip may be landed, provided that at least 6,000 lb 
(2,727 kg) of species other than BFT are legally caught, retained, and 
offloaded from the same trip and are recorded on the dealer weighout 
slip as sold. Three large medium or giant BFT per vessel per trip may 
be landed, provided that at least 30,000 lb (13,620 kg) of species 
other than BFT are legally caught, retained, and offloaded from the 
same trip and are recorded on the dealer weighout slip as sold. Dealers 
are reminded of the requirement to report all BFT received within 24 
hours of landing.
    The intent of this action and its timing is to prevent overharvest 
of the incidental quota established for the Longline category while 
providing sufficient time for vessels currently fishing to return to 
port and offload any BFT that may have been legally retained on board 
before this action takes effect.
    NMFS will continue to monitor Longline category landings against 
the available Longline category quota for the 2009 fishing year and may 
take further action, if necessary. Any subsequent adjustments to the 
Longline category fishery for 2009 would 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 the 
internet at www.hmspermits.gov, for fishery updates.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause, pursuant to 5 U.S.C. 553 (b)(B) to waive prior notice and public 
comment for this action, as notice and comment would be impracticable 
and contrary to the public interest. This notice informs fishery 
participants of the applicable retention limits in the NED now that the 
25-mt set aside for that area has been attained. This action is 
intended to prevent overharvest of the incidental quota established for 
the Longline category while providing sufficient time for vessels 
currently fishing to return to port and offload any BFT that may have 
been legally retained on board before this action takes effect. The 
fishery is currently underway and any delay in fishery participant 
notification could cause the fishery to exceed the quota and would be 
inconsistent with domestic and international requirements and 
objectives. NMFS provides notification of the applicable retention 
limits by publishing the notice in the Federal Register, transmitting 
an electronic notice to Atlantic HMS News subscribers, including known 
fishery representatives and posting the notice on www.hmspermits.gov. 
For these reasons, the AA also finds good cause to waive the 30-day 
delay in effective date pursuant to 5 U.S.C. 553 (d)(1) and (3).
    This action is being taken under 50 CFR 635.23(f)(3) and is exempt 
from review under Executive Order 12866.

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

    Dated: October 15, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-25188 Filed 10-15-09; 8:45 am]
BILLING CODE 3510-22-S