[Federal Register Volume 74, Number 230 (Wednesday, December 2, 2009)]
[Proposed Rules]
[Pages 63095-63100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28832]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 0907171140-91141-01]
RIN 0648-XQ38


Atlantic Highly Migratory Species; 2010 Atlantic Bluefin Tuna 
Quota Specifications

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

ACTION:  Proposed rule; request for comments; notice of public 
hearings.

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SUMMARY:  NMFS proposes 2010 fishing year specifications for the 
Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the 
established domestic fishing categories. This action is necessary to 
implement recommendations of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic 
Tunas Convention Act (ATCA), and to achieve domestic management 
objectives under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). NMFS solicits written comments 
and will hold public hearings to receive oral comments on these 
proposed actions.

DATES:  Written comments must be received on or before January 4, 2010.
    The public hearing dates are:
    1. December 14, 2009, 3 p.m. to 5 p.m., Silver Spring, MD.
    2. December 15, 2009, 3 p.m. to 5 p.m., Gloucester, MA.

ADDRESSES: You may submit comments, identified by ``0648-XQ38'', by any 
one of the following methods:

[[Page 63096]]

     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     Fax: 978-281-9340, Attn: Sarah McLaughlin
     Mail: Sarah McLaughlin, Highly Migratory Species 
Management Division, Office of Sustainable Fisheries (F/SF1), NMFS, 55 
Great Republic Drive, Gloucester, MA 01930
    Instructions: All comments received are a part of the public record 
and will generally be posted to the Portal http://www.regulations.gov 
without change. All Personal Identifying Information (for example, 
name, address, etc.) voluntarily submitted by the commenter may be 
publicly accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter ``n/a'' in the required 
fields if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    The hearing locations are:
    1. Silver Spring - - NOAA Science Center, 1301 East-West Highway, 
Silver Spring, MD 20910.
    2. Gloucester - - NMFS, 55 Great Republic Drive, Gloucester, MA 
01930.Supporting documents including the draft Supplemental 
Environmental Assessment, Regulatory Impact Review, and Initial 
Regulatory Flexibility Analysis are available by sending your request 
to Sarah McLaughlin at the mailing address specified above.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual 
authority of the Magnuson-Stevens Act and ATCA. ATCA authorizes the 
Secretary of Commerce (Secretary) to promulgate regulations, as may be 
necessary and appropriate, to implement ICCAT recommendations. The 
authority to issue regulations under the Magnuson-Stevens Act and ATCA 
has been delegated from the Secretary to the Assistant Administrator 
for Fisheries, NOAA (AA).

I. Background

    On October 2, 2006, NMFS published in the Federal Register (71 FR 
58058) final regulations, effective November 1, 2006, implementing the 
2006 Consolidated Atlantic Highly Migratory Species Fishery Management 
Plan (Consolidated HMS FMP), which consolidated management of all 
Atlantic HMS (i.e., sharks, swordfish, tunas, and billfish) into one 
comprehensive FMP. The implementing regulations for Atlantic HMS are at 
50 CFR part 635.
    The 2010 annual specifications are necessary to implement the 2008 
ICCAT quota recommendation (ICCAT Recommendation 08-04) for BFT, as 
required by ATCA, and to achieve domestic management objectives under 
the Magnuson-Stevens Act, including rebuilding stocks and ending 
overfishing. The proposed rule would establish quota specifications 
consistent with the ICCAT Western Atlantic BFT rebuilding program by 
adjusting the ICCAT-recommended U.S. quota as necessary for the 2010 
fishing year (January-December 2010) and distributing the quota 
(adjusted for underharvest) among the domestic fishing categories.
    NMFS has prepared a draft Supplemental Environmental Assessment 
(SEA), Regulatory Impact Review (RIR), and an Initial Regulatory 
Flexibility Analysis (IRFA) for this action, which would implement 
minor changes to the quotas implemented in the 2009 BFT Quota 
Specifications and Effort Controls (74 FR 26110, June 1, 2009). These 
quotas were analyzed in the Environmental Analysis/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) that 
accompanied the June 2009 action. A copy of the draft SEA/RIR/IRFA 
prepared for this proposed rule is available from NMFS (see ADDRESSES).
    NMFS plans to make daily retention limit adjustments, if and as 
needed, for the 2010 fishing year via Federal Register notices separate 
from the final specifications. Federal regulations at 50 CFR 635.23 
allow the establishment and adjustment of General and Angling category 
retention limits via inseason actions, and NMFS has in the past used 
inseason actions for this purpose.

II. ICCAT Recommendation, Including Carryforward of Underharvest

    At its 2008 meeting, ICCAT recommended the 2,100-mt western 
Atlantic BFT Total Allowable Catch (TAC) be reduced to 1,900 mt 
(including dead discards) for 2009, and to 1,800 mt (including dead 
discards) for 2010. These TACs are intended to achieve maximum 
sustainable yield, and would end overfishing as defined by the 
Magnuson-Stevens Act. From these TACs the following allocations were 
made: 4 mt for the United Kingdom (in respect of Bermuda), 4 mt for 
France (in respect of St. Pierre and Miquelon), 95 mt for Mexico (to 
allow incidental catch in the longline fishery in the Gulf of Mexico), 
and, for bycatch related to directed longline fisheries in the 
Northeast Distant gear restricted area (NED), 15 mt for Canada and 25 
mt for the United States. These allocations are subtracted from the TAC 
(resulting in an 'adjusted TAC'), and the adjusted TAC is allocated to 
certain ICCAT contracting parties. The resulting U.S. share of the 
adjusted TAC is 57.48 percent, or 1,009.9 mt, for 2009 and 952.4 mt for 
2010. Accounting for the 25-mt NED allocation, the total U.S. quota 
allocation was 1,034.9 mt for 2009 and is 977.4 mt for 2010 (i.e., a 
decrease of 57.5 mt or 5.6 percent from the 2009 total U.S. quota).
    The current ICCAT recommendation also retains an earlier-enumerated 
provision allowing a contracting party with a TAC allocation to make a 
one-time transfer within a fishing year of up to 15 percent of its TAC 
allocation to other contracting parties with TAC allocations, 
consistent with domestic obligations and conservation considerations. 
For the United States, the 15-percent limit on TAC allocation transfer 
equals 146.6 mt. Consistent with 50 CFR 635.27(a)(8), NMFS would 
consider several factors in deciding whether the United States would 
enter into an arrangement with another contracting party with a TAC 
allocation. These factors include, but are not limited to, the amount 
of quota to be transferred; the projected ability of U.S. vessels to 
harvest the total U.S. BFT quota before the end of the fishing year; 
the potential benefits of the transfer to U.S. fishing participants; 
potential ecological impacts; and the contracting party's ICCAT 
compliance status. Should NMFS consider a transfer of U.S. quota to 
another qualified ICCAT contracting party, NMFS would publish a 
separate action in the Federal Register, in which NMFS would provide 
detail of the transaction considered, including information regarding 
the factors above.
    Further, as a method for limiting fishing mortality on juvenile 
BFT, ICCAT has recommended a tolerance limit for the annual harvest of 
BFT measuring less than 115 cm to no more than 10 percent by weight of 
the total BFT quota for each Contracting Party and Cooperating 
Contracting Party, Entity or Fishing Entity (CPC) over the 2009-2010 
period. NMFS implements this provision by limiting the harvest of 
school BFT (measuring 27 to less than 47 inches) as appropriate to not 
exceed the 10-percent limit over the 2-year period.
    The 2008 ICCAT BFT Recommendation limits the amount of TAC 
allocation a CPC may carry over for 2010 to 50 percent of its initial 
TAC allocation (488.7 mt for the United

[[Page 63097]]

States). ICCAT Recommendation 08-04 also provides that, for 2010, 
Mexico will transfer a portion of its BFT underharvest to Canada, such 
that Canada's initial allocation is 480 mt, and that if such a transfer 
results in an initial Canadian allocation of less than 480 mt, then the 
United States would transfer sufficient BFT underharvest to Canada to 
bring Canada's initial 2010 allocation to 480 mt. At this time there is 
no indication that Mexico will not be able to provide the full transfer 
amount to Canada, and no U.S. quota transfer is currently under 
consideration.
    Although landings estimates will not be complete until the end of 
the current calendar fishing year (December 31[deg], 2009), NMFS is 
planning to set quotas to be effective at the beginning of the fishing 
year, which reverted to a calendar year in 2008. This planning is 
possible because, based on commercial landings reports through October 
21, 2009, and anticipated recreational landings estimates for 2009 
(based on recent annual estimates), NMFS anticipates a large amount of 
2009 quota underharvest, i.e., an amount that exceeds the ICCAT 
limitation on the carryforward of unharvested quota. Thus, for the 
purposes of this proposed rule and for the reasons described above, 
NMFS assumes that the United States will be able to carry forward the 
full 488.7 mt to 2010. Further information will be available later in 
the rulemaking, and adjustments may be made in the Final Rule.

III. Domestic Allocations and Quotas

    The 1999 Fishery Management Plan for Atlantic Tunas, Swordfish, and 
Sharks (1999 FMP) and its implementing regulations established baseline 
percentage quota shares for the domestic fishing categories. These 
percentage shares were based on allocation procedures that NMFS 
developed over several years. The baseline percentage quota shares 
established in the 1999 FMP and continued in the Consolidated HMS FMP 
(effective since June 1, 1999), are as follows: General category 47.1 
percent; Harpoon category 3.9 percent; Purse Seine category 18.6 
percent; Angling category 19.7 percent; Longline category 8.1 percent; 
Trap category 0.1 percent; and Reserve category 2.5 percent. The 
proposed 2010 fishing year specifications would allocate the 2008 
ICCAT-recommended quota allocation for the 2010 fishing year among 
these established domestic fishing categories, and would allocate 25 mt 
for bycatch related to directed longline fisheries in the NED.
    Consistent with how NMFS implemented the 2009 BFT Quota 
Specifications, NMFS is proposing to establish the 2010 domestic 
baseline quota at the ICCAT-recommended level and to carry over the 
full amount of BFT underharvest allowed by ICCAT from the 2009 fishing 
year to the 2010 fishing year quota. The underharvest carryover would 
be distributed among the various categories as necessary to achieve the 
following goals: (1) ensure that the Longline category has sufficient 
quota to operate during the 2010 fishing year after the required 
accounting for BFT dead discards; (2) maintain 15 percent of the 2010 
U.S. quota in Reserve for potential transfer to other ICCAT Contracting 
Parties and other domestic management objectives, if warranted; and (3) 
provide the non-Longline quota categories a share of the remainder of 
the underharvest consistent with the allocation scheme established in 
the Consolidated HMS FMP.
    The United States must report dead discard estimates to ICCAT 
annually, and account for this mortality as part of the domestic 
specification calculation process. To be consistent with reports from 
the United States to the ICCAT Standing Committee on Research and 
Statistics for stock assessment purposes, NMFS reports dead discards as 
an estimate generated via extrapolation of pelagic longline vessel 
logbook tallies by pooled observer data, as warranted. Since dead 
discard estimates for 2009 are not yet available, the 2008 estimate of 
172.8 mt is used as a proxy.
    Per ICCAT Recommendation 08-04, which specifies a U.S. quota 
allocation that includes dead discards, and is consistent with the BFT 
quota regulations at 50 CFR Sec.  635.27(a), NMFS proposes to subtract 
the 172.8 mt of estimated dead discards from the amount of quota 
available for the Longline category for the 2010 fishing year. NMFS 
proposes to apply 170.7 mt of the total underharvest to the pelagic 
longline fishery in anticipation of both landings (approximately 75 mt) 
and projected discards, and thus allow the fishery to plan for 
operations for the entire 2010 fishing year.
    Additionally, NMFS proposes to place 146.6 mt (15 percent of the 
domestic baseline quota of 977.4 mt) of 2009 fishing year underharvest 
in the Reserve, and to distribute the remainder of the potential 2009 
underharvest (171.4 mt) to the Angling, General, Harpoon, Purse Seine, 
and Trap categories consistent with allocations in the Consolidated HMS 
FMP.

IV. 2010 Quota Specifications

    In accordance with the ICCAT Recommendation 08-04, the Consolidated 
HMS FMP percentage shares for each of the domestic categories, and 
regulations regarding annual adjustments at Sec.  635.27(a)(10), NMFS 
proposes domestic category quotas for the 2010 fishing year as follows 
(as shown in the table below): General category 538.9 mt; Harpoon 
category 44.6 mt; Purse Seine category 212.8 mt; Angling category 225.4 
mt; Longline category 75 mt; and Trap category 1.1 mt. A total of 170.4 
mt (146.6 mt 2009 underharvest plus the Consolidated HMS FMP quota 
share of 23.8 mt) would be allocated to the Reserve category for 
inseason adjustments, scientific research collection, potential 
overharvest in any category except the Purse Seine category, and 
potential quota transfers. Adjustments to these 2010 quotas and 
subquotas will be made, if necessary, based on year-end 2009 landings 
information, in the final rule.
    The proposed General category quota of 538.9 mt would be divided 
into the time period allocations established in the Consolidated FMP. 
Thus, 28.6 mt (5.3 percent) would be allocated to the General Category 
for the period beginning January 1, 2010, and ending January 31, 2010; 
269.4 mt (50 percent) for the period beginning June 1, 2010, and ending 
August 31, 2010; 142.8 mt (26.5 percent) for the period beginning 
September 1, 2010, and ending September 30, 2010; 70.1 mt (13 percent) 
for the period beginning October 1, 2010, and ending November 30, 2010; 
and 28 mt (5.2 percent) for the period beginning December 1, 2010, and 
ending December 31, 2010.
    The Angling category quota of 225.4 mt would be further subdivided 
as follows: School BFT 97.7 mt, with 37.6 mt to the northern area 
(north of 39[deg] 18' N. latitude), 42.1 mt to the southern area (south 
of 39[deg] 18' N. latitude), plus 18.1 mt held in reserve; large 
school/small medium BFT 122.5 mt, with 57.8 mt to the northern area and 
64.7 mt to the southern area; and large medium/giant BFT 5.2 mt, with 
1.7 mt to the northern area and 3.5 mt to the southern area.
    The Longline category would be subdivided in accordance with the 
North/South allocation percentages (i.e., no more than 60 percent to 
the south of 31[deg] N. latitude) in the Consolidated HMS FMP. Thus, 
the proposed Longline category quota of 75 mt would be subdivided as 
follows: 30 mt to pelagic longline vessels landing BFT north of 31[deg] 
N. latitude, and 45 mt to pelagic longline vessels landing BFT south of

[[Page 63098]]

31[deg] N. latitude. NMFS would account for landings under the 25-mt 
NED allocation separately from other Longline category landings.
[GRAPHIC] [TIFF OMITTED] TP02DE09.041


[[Page 63099]]



V. Classification

    The NMFS Assistant Administrator has determined that the proposed 
rule is consistent with the 2006 Consolidated HMS FMP, the Magnuson-
Stevens Act, and other applicable law, subject to further consideration 
after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act. The IRFA describes the economic impact this proposed 
rule, if adopted, would have on small entities. A description of the 
action, why it is being considered, and the legal basis for this action 
are contained in the preamble to this proposed rule. A summary of the 
analysis follows. A copy of this analysis is available from NMFS (see 
ADDRESSES).
    NMFS has prepared an IRFA to analyze the impacts on small entities 
of the alternatives considered for establishing 2010 fishing year BFT 
quotas for all domestic fishing categories. The IRFA assesses the 
impacts of the alternatives on the vessels that participate in the BFT 
fisheries, many of which are considered small entities. In order to do 
this, NMFS has estimated the average impact on individual categories 
and the vessels within those categories of the alternatives considered 
to establishing the 2010 BFT quota for all domestic fishing categories. 
As mentioned above, the 2008 ICCAT recommendation reduces the U.S. BFT 
quota allocation for 2010 to 977.4 mt. This quota allocation includes 
25 mt to account for incidental catch of BFT related to directed 
longline fisheries in the NED. This action would distribute the 
adjusted (baseline) quota of 952.4 mt to the domestic fishing 
categories based on the allocation percentages established in the 
Consolidated HMS FMP.
    In 2008, the annual gross revenue for all participants in the BFT 
commercial fishery combined was approximately $5.0 million. 
Approximately 9,871 vessels are permitted to land and sell BFT under 
four commercial BFT quota categories (including charter/headboat 
vessels). The commercial categories and their 2008 gross revenues are 
General ($4.0 million), Harpoon ($31[deg]3,781), Purse Seine ($0), and 
Longline ($722,016). The IRFA assumes that each vessel within a 
category will have similar catch and gross revenues to show the 
relative impact of the proposed action on vessels.
    NMFS lacks data on the net revenues of individual fishermen, so the 
economic impact of the alternatives is averaged across each category. 
NMFS considers this a reasonable approach for BFT fisheries. More 
specifically, available landings data (weight and ex-vessel value of 
the fish in price/pound) allow NMFS to calculate the gross revenue 
earned by a fishery participant on a successful trip. The available 
data do not, however, allow NMFS to calculate the effort and cost 
associated with each successful trip (e.g., the cost of gas, bait, ice, 
etc.) so net revenue for each participant cannot be calculated. NMFS 
also cannot determine whether net revenue varies among individual 
fishery participants within each category, and therefore whether (and 
how) the economic impact of a regulation would vary between individual 
participants. As a result, NMFS analyzes the average impact of the 
proposed alternatives among all participants in each category. Success 
rates vary widely across participants in each category (due to extent 
of vessel effort and availability of commercial-sized BFT to 
participants where they fish), but for the purpose of estimating 
potential revenue loss per vessel, category-wide revenue losses can be 
divided by the number of permitted vessels in each category. Because 
HMS Charter/Headboat vessels may fish commercially under the General 
category quota and retention limits, Charter/Headboat permitted vessels 
are considered along with General category vessels when estimating 
potential General category ex-vessel revenue changes. Resulting ex-
vessel revenue losses [per vessel in each category] are estimated to be 
as follows: General category (including Charter/Headboat vessels): $63; 
Harpoon category: $1,402; Longline/Trap (incidental): $188; and Purse 
Seine category: $56,942. These values likely overestimate potential 
revenue losses for vessels that actively fish and are successful in 
landing at least one BFT.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action. This proposed 
rule has also been determined not to duplicate, overlap, or conflict 
with any other Federal rules.

Public Hearings

    The hearing locations are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Sarah McLaughlin at (978) 281-
9279, at least 7 days prior to the meeting.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Management, 
Treaties.

    Dated: November 25, 2009.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
    2. In Sec.  635.27, paragraphs (a) introductory text, (a)(1)(i), 
(a)(2), (a)(3), (a)(4)(i), (a)(5), (a)(7)(i), and (a)(7)(ii) are 
revised to read as follows:


Sec.  635.27  Quotas.

    (a) BFT. Consistent with ICCAT recommendations, and with paragraph 
(a)(10)(iv) of this section, NMFS may subtract the most recent, 
complete, and available estimate of dead discards from the annual U.S. 
BFT quota, and make the remainder available to be retained, possessed, 
or landed by persons and vessels subject to U.S. jurisdiction. The 
remaining baseline annual U.S. BFT quota will be allocated among the 
General, Angling, Harpoon, Purse Seine, Longline, Trap, and Reserve 
categories. BFT may be taken by persons aboard vessels issued Atlantic 
Tunas permits, HMS Angling permits, or HMS Charter/Headboat permits. 
The baseline annual U.S. BFT quota is 952.4 mt, not including an 
additional annual 25 mt allocation provided in paragraph (a)(3) of this 
section. The baseline annual U.S. BFT quota is divided among the 
categories as follows: General - 47.1 percent (448.6 mt); Angling - 
19.7 percent (187.6 mt), which includes the school BFT held in reserve 
as described under paragraph (a)(7)(ii) of this section; Harpoon - 3.9 
percent (37.1 mt); Purse Seine - 18.6 percent (177.2 mt); Longline - 
8.1 percent (77.1 mt), which does not include the additional annual 25 
mt allocation provided in paragraph (a)(3) of this section; and Trap - 
0.1 percent (1.0 mt). The remaining 2.5 percent (23.8 mt) of the 
baseline annual U.S. BFT quota will be held in reserve for inseason or 
annual adjustments based on the criteria in paragraph (a)(8) of this 
section. NMFS may apportion a quota allocated to any category to 
specified fishing periods or to geographic areas and will make annual 
adjustments to quotas, as specified in paragraph (a)(10)

[[Page 63100]]

of this section. BFT quotas are specified in whole weight.
    (1) * * *
    (i) Catches from vessels for which General category Atlantic Tunas 
permits have been issued and certain catches from vessels for which an 
HMS Charter/Headboat permit has been issued are counted against the 
General category quota in accordance with Sec.  635.23(c)(3). The 
amount of large medium and giant BFT that may be caught, retained, 
possessed, landed, or sold under the General category quota is 47.1 
percent (448.6 mt) of the baseline annual U.S. BFT quota, and is 
apportioned as follows:
    (A) January 1 through January 31[deg] - 5.3 percent (23.8 mt);
    (B) June 1 through August 31[deg] - 50 percent (224.3 mt);
    (C) September 1 through September 30 - 26.5 percent (118.9 mt);
    (D) October 1 through November 30 - 13 percent (58.3 mt); and
    (E) December 1 through December 31[deg] - 5.2 percent (23.3 mt).
* * * * *
    (2) Angling category quota. In accordance with the framework 
procedures of the Consolidated HMS FMP, prior to each fishing year, or 
as early as feasible, NMFS will establish the Angling category daily 
retention limits. The total amount of BFT that may be caught, retained, 
possessed, and landed by anglers aboard vessels for which an HMS 
Angling permit or an HMS Charter/Headboat permit has been issued is 
19.7 percent (187.6 mt) of the baseline annual U.S. BFT quota. No more 
than 2.3 percent (4.3 mt) of the annual Angling category quota may be 
large medium or giant BFT. In addition, over each 2 consecutive-year 
period (starting in 2009, inclusive), no more than 10 percent of the 
annual U.S. BFT quota, inclusive of the allocation specified in 
paragraph (a)(3) of this section, may be school BFT. The Angling 
category quota includes the amount of school BFT held in reserve under 
paragraph (a)(7)(ii) of this section. The size class subquotas for BFT 
are further subdivided as follows:
    (i) After adjustment for the school BFT quota held in reserve 
(under paragraph (a)(7)(ii) of this section), 52.8 percent (42.1 mt) of 
the school BFT Angling category quota may be caught, retained, 
possessed, or landed south of 39[deg] 18' N. lat. The remaining school 
BFT Angling category quota (37.6 mt) may be caught, retained, possessed 
or landed north of 39[deg] 18' N. lat.
    (ii) An amount equal to 52.8 percent (45.2 mt) of the large school/
small medium BFT Angling category quota may be caught, retained, 
possessed, or landed south of 39[deg] 18' N. lat. The remaining large 
school/small medium BFT Angling category quota (40.4 mt) may be caught, 
retained, possessed or landed north of 39[deg] 18' N. lat.
    (iii) An amount equal to 66.7 percent (2.9 mt) of the large medium 
and giant BFT Angling category quota may be caught, retained, 
possessed, or landed south of 39[deg] 18' N. lat. The remaining large 
medium and giant BFT Angling category quota (1.4 mt) may be caught, 
retained, possessed or landed north of 39[deg] 18' N. lat.
    (3) Longline category quota. The total amount of large medium and 
giant BFT that may be caught incidentally and retained, possessed, or 
landed by vessels that possess Longline category Atlantic Tunas permits 
is 8.1 percent (77.1 mt) of the baseline annual U.S. BFT quota. No more 
than 60.0 percent (46.3 mt) of the Longline category quota may be 
allocated for landing in the area south of 31[deg] 00' N. lat. In 
addition, 25 mt shall be allocated for incidental catch by pelagic 
longline vessels fishing in the Northeast Distant gear restricted area 
as specified at Sec.  635.23(f)(3).
    (4) * * *
    (i) The total amount of large medium and giant BFT that may be 
caught, retained, possessed, or landed by vessels that possess Purse 
Seine category Atlantic Tunas permits is 18.6 percent (177.2 mt) of the 
baseline annual U.S. BFT quota. The directed purse seine fishery for 
BFT commences on July 15 of each year unless NMFS takes action to delay 
the season start date. Based on cumulative and projected landings in 
other commercial fishing categories, and the potential for gear 
conflicts on the fishing grounds or market impacts due to oversupply, 
NMFS may delay the BFT purse seine season start date from July 15 to no 
later than August 15 by filing an adjustment with the Office of the 
Federal Register prior to July 1.
* * * * *
    (5) Harpoon category quota. The total amount of large medium and 
giant BFT that may be caught, retained, possessed, landed, or sold by 
vessels that possess Harpoon category Atlantic Tunas permits is 3.9 
percent (37.1 mt) of the baseline annual U.S. BFT quota. The Harpoon 
category fishery closes on November 15 each year.
* * * * *
    (7) * * *
    (i) The total amount of BFT that is held in reserve for inseason or 
annual adjustments and fishery-independent research using quotas or 
subquotas is 2.5 percent (23.8 mt) of the baseline annual U.S. BFT 
quota. Consistent with paragraph (a)(8) of this section, NMFS may 
allocate any portion of this reserve for inseason or annual adjustments 
to any category quota in the fishery.
    (ii) The total amount of school BFT that is held in reserve for 
inseason or annual adjustments and fishery-independent research is 18.5 
percent (18.1 mt) of the total school BFT Angling category quota as 
described under paragraph (a)(2) of this section. This amount is in 
addition to the amounts specified in paragraph (a)(7)(i) of this 
section. Consistent with paragraph (a)(8) of this section, NMFS may 
allocate any portion of the school BFT Angling category quota held in 
reserve for inseason or annual adjustments to the Angling category.
* * * * *
[FR Doc. E9-28832 Filed 12-1-09; 8:45 am]
BILLING CODE 3510-22-S