[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Rules and Regulations]
[Pages 44834-44835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19010]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 110210132-1275-02]
RIN 0648-XA550


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Northern Area Trophy Fishery

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'') Atlantic bluefin tuna (BFT) for the 
remainder of 2011. This action is being taken to prevent overharvest of 
the 2011 Angling category northern area subquota for large medium and 
giant BFT.

DATES: Effective 11:30 p.m., local time, July 29, 2011 through December 
31, 2011.

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, consistent with 
the allocations established in the 2006 Consolidated Highly Migratory 
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 
58058, October 2, 2006) and subsequent rulemaking.
    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 2011 BFT quota specifications established a quota of 1.4 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) (76 FR 39019, July 5, 2011). Earlier this year, NMFS 
announced two Angling category BFT fishery inseason actions, effective 
April 2, 2011: a change to the daily retention limit and closure of the 
southern area trophy fishery (76 FR 18416, April 4, 2011). Based on the 
best available BFT landings information for the trophy BFT fishery, 
NMFS has determined that the northern area trophy BFT subquota will be 
reached by July 29, 2011. Therefore, through December 31, 2011, 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 11:30 p.m. local time on July 29, 2011. 
Limited catch and release is permissible as specified under Sec.  
635.26(a) and described below. This action is taken consistent with the 
regulations at Sec.  635.28(a)(1). 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 http://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

[[Page 44835]]

(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 BFT that are released must be handled in a manner that will 
maximize survivability, and without removing the fish from the water, 
consistent with requirements at Sec.  635.21(a)(1). For additional 
information on safe handling, see the Careful Catch and Release 
brochure available at http://www.nmfs.noaa.gov/sfa/hms/.
    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 http://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 http://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 the 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 22, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-19010 Filed 7-26-11; 8:45 am]
BILLING CODE 3510-22-P