Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 44296-44298 [E9-20806]
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Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
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16:25 Aug 27, 2009
Jkt 217001
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 27, 2009.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 13, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(361)(i)(B) to read
as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(361) * * *
(i) * * *
(B) Antelope Valley Air Quality
Management District
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(1) Rule 1173, ‘‘Fugitive Emissions of
Volatile Organic Compounds,’’ adopted
July 7, 1989 and amended June 17,
2008.
*
*
*
*
*
[FR Doc. E9–20827 Filed 8–27–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XQ90
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment and quota
transfer.
SUMMARY: NMFS has determined that
the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT)
retention limit should be adjusted for
the September, October-November, and
December time periods of the 2009
fishing year, based on consideration of
the determination criteria regarding
inseason adjustments. This action
applies to Atlantic Tunas General
category permitted vessels and Highly
Migratory Species Charter/Headboat
category permitted vessels (when
fishing commercially for BFT). NMFS
has also determined that a quota transfer
to allow continued fishing in the
Harpoon category is appropriate, and
therefore transfers 25 metric tons (mt)
from the Reserve to the Harpoon
category for the remainder of the 2009
fishing year. This action applies to
Atlantic Tunas Harpoon category
permitted vessels.
DATES: The effective dates for the
adjusted BFT daily retention limits are
September 1, 2009, through December
31, 2009. The quota transfer to the
Harpoon category is effective August 28,
2009, through November 15, 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
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
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jlentini on DSKJ8SOYB1PROD with RULES
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.
The 2009 fishing year began on
January 1, 2009, and ends December 31,
2009. The General category fishery is
open until December 31, 2009, or until
the General category quota is reached.
The Harpoon category fishery is open
until November 15, 2009, or until the
Harpoon category quota is reached.
Adjustment of General Category Daily
Retention Limit
Under 50 CFR 635.23(a)(4), NMFS
may increase or decrease the daily
retention limit of large medium and
giant BFT over a range of zero to a
maximum of three per vessel based on
consideration of the criteria provided
under § 635.27(a)(8), which include: the
usefulness of information obtained from
catches in the particular category for
biological sampling and monitoring of
the status of the stock; the catches of the
particular category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made; the
projected ability of the vessels fishing
under the particular category quota to
harvest the additional amount of BFT
before the end of the fishing year; the
estimated amounts by which quotas for
other gear categories of the fishery might
be exceeded; effects of the adjustment
on BFT rebuilding and overfishing;
effects of the adjustment on
accomplishing the objectives of the
fishery management plan; variations in
seasonal distribution, abundance, or
migration patterns of BFT; effects of
catch rates in one area precluding
vessels in another area from having a
reasonable opportunity to harvest a
portion of the category’s quota; and a
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds.
NMFS published final specifications
on June 1, 2009 (74 FR 26110), and
increased the default General category
daily retention limit of one large
medium or giant BFT (measuring 73
inches (185 cm) curved fork length
(CFL) or greater) per vessel to three large
medium or giant BFT per vessel for June
1 through August 31, 2009. In addition,
NMFS stated that it would consider
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adjustment of retention limits for future
time periods, if warranted.
As of July 31, 2009, 53.5 mt of the
adjusted 2009 General category quota
have been landed, and landings rates
remain less than 1.0 mt per day. Starting
on September 1, 2009, the General
category daily retention limit, located at
50 CFR 635.23(a)(2), is scheduled to
revert back to the default daily retention
limit of one large medium or giant BFT
per vessel. This scheduled retention
limit applies to General category
permitted vessels and HMS Charter/
Headboat category permitted vessels
(when fishing commercially for BFT).
Each of the General category time
periods (January, June-August,
September, October-November, and
December) is allocated a portion of the
annual General category quota, thereby
ensuring extended fishing opportunities
in years when catch rates are high. In
consideration of the rollover of unused
quota from the January and June-August
time periods, current catch rates, and
the daily retention limit reverting to one
large medium or giant BFT per vessel
per day on September 1, 2009, NMFS
anticipates the full 2009 fishing year
General category quota will not be
harvested. Increasing the daily retention
limit from the default may mitigate
rolling an excessive amount of unused
quota from one time-period subquota to
the subsequent time-period subquota.
Excessive rollover is undesirable
because it effectively changes the timeperiod subquota allocation percentages
established in the Consolidated HMS
FMP and may contribute to excessive
carryovers to subsequent fishing years.
NMFS has considered the set of
criteria cited above and their
applicability to the commercial BFT
retention limit for the remainder of the
2009 fishing year. Based on these
considerations, NMFS has determined
that the General category retention
should be adjusted to allow for retention
of the established General category
quota. Therefore, NMFS increases the
General category retention limit from
the default limits effective September 1,
2009, through December 31, 2009.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example, whether a
vessel fishing under the General
category limit takes a two-day trip or
makes two trips in one day, the daily
limit of three fish may not be exceeded
upon landing. This General category
retention limit is effective in all areas,
except for the Gulf of Mexico, and
applies to vessels permitted in the
General category as well as to those
HMS Charter/Headboat permitted
vessels fishing commercially for BFT.
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44297
In August 2008, NMFS followed a
similar course of action and raised the
General category retention limits via
inseason action to allow for a three BFT
daily retention limit throughout 2008
(73 FR 50885, August 29, 2008). NMFS
would address the January 2010 General
category daily retention limit via a
separate inseason action later in the
year, if necessary. In December 2008,
NMFS set the January 2009 General
category BFT daily retention limit at
two BFT per vessel via an inseason
action (73 FR 76972, December 18,
2008), after considering dealer reports,
daily landing trends, the winter fishery
performance over the last few years,
BFT availability, and the relatively
small January General category baseline
subquota.
This adjustment is intended to
provide a reasonable opportunity to
harvest the U.S. landings quota of BFT
without exceeding it, while maintaining
an equitable distribution of fishing
opportunities, to help achieve optimum
yield in the General category BFT
fishery, to collect a broad range of data
for stock monitoring purposes, and to be
consistent with the objectives of the
Consolidated HMS FMP.
Inseason Transfer to the Harpoon
Category
Under § 635.27(a)(7), NMFS has the
authority to allocate any portion of the
Reserve to any category quota in the
fishery, other than the Angling category
school BFT subquota (for which there is
a separate reserve), after considering
determination criteria provided under
§ 635.27(a)(8).
The 2009 annual BFT quota
specifications (74 FR 26110, June 1,
2009) provide for an adjusted quota of
51.6 mt of large medium and giant BFT
to be harvested from the regulatory area
by vessels fishing under the Harpoon
category quota. As of August 11, 2009,
Harpoon category landings totaled 37.7
mt, with 13.9 mt available for the
remainder of the season.
After considering the factors for
making transfers between categories and
from the Reserve, NMFS has determined
that 25 mt of the 180.4 mt of Reserve
should be transferred to the Harpoon
category. Thus, the Harpoon category
quota is adjusted to 76.6 mt for the 2009
fishing year. Once the adjusted Harpoon
category quota has been reached, or
November 15, 2009, whichever comes
first, the Harpoon category will be
closed.
Monitoring and Reporting
NMFS selected the General category
daily retention limit and the duration
after examining an array of data as it
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pertains to the determination criteria.
These data included, but were not
limited to, current and previous catch
and effort rates, quota availability,
previous public comments on inseason
management measures, stock status, etc.
NMFS will continue to monitor the BFT
fishery closely through the mandatory
dealer landing reports, which NMFS
requires to be submitted within 24
hours of a dealer receiving BFT.
Depending on the level of fishing effort
and catch rates of BFT, NMFS may
determine that additional retention limit
adjustments are necessary to ensure
available quota is not exceeded or to
enhance scientific data collection from,
and fishing opportunities in, all
geographic areas.
Closures of the General and Harpoon
categories or subsequent adjustments to
the General category daily retention
limit, if any, 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 the internet at
www.hmspermits.gov, for updates on
quota monitoring and retention limit
adjustments.
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. Affording prior notice and
opportunity for public comment to
implement these retention limits is
impracticable as it would preclude
NMFS from acting promptly to allow
harvest of BFT that are available on the
fishing grounds. Analysis of available
data shows that the General category
BFT retention limits may be increased
with minimal risks of exceeding the
ICCAT-allocated quota.
Delays in increasing the daily
retention limit would adversely affect
those General and Charter/Headboat
category vessels that would otherwise
have an opportunity to harvest more
than the default retention limit of one
BFT per day and may exacerbate the
problem of low catch rates and quota
rollovers. Limited opportunities to
harvest the respective quotas may have
negative social and economic impacts to
U.S. fishermen that either depend upon
catching the available quota within the
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16:25 Aug 27, 2009
Jkt 217001
time periods designated in the
Consolidated HMS FMP. Adjustment to
the retention limit must be effective
September 1, 2009, to minimize any
unnecessary disruption in fishing
patterns and for the impacted sectors to
benefit from the adjustments so as to not
preclude fishing opportunities from
fishermen who only have access to the
fishery during this time period.
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,
and because this action relieves a
restriction by increasing the General
category retention limit from the default
of one fish per vessel/trip to three fish
per vessel/trip, the AA also finds 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
635.23(a)(4) and (b)(3) and is exempt
from review under Executive Order
12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 24, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–20806 Filed 8–25–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 09100091344–9056–02]
RIN 0648–XR20
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 630 in the Gulf of Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed
fishing for pollock in Statistical Area
630 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the C season allowance of the 2009 total
allowable catch (TAC) of pollock for
Statistical Area 630 in the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 26, 2009, through
1200 hrs, A.l.t., October 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
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GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The C season allowance of the 2009
TAC of pollock in Statistical Area 630
of the GOA is 3,550 metric tons (mt) as
established by the final 2009 and 2010
harvest specifications for groundfish of
the GOA (74 FR 7333, February 17,
2009). In accordance with
§ 679.20(a)(5)(iv)(B) the Administrator,
Alaska Region, NMFS (Regional
Administrator), hereby decreases the C
season pollock allowance by 2,071 mt,
to reflect the total amount of pollock
TAC that has been caught prior to the
C season in Statistical Area 630.
Therefore, the revised C season
allowance of the pollock TAC in
Statistical Area 630 is 1,479 mt (3,550
mt minus 2,071 mt).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the C season allowance
of the 2009 TAC of pollock in Statistical
Area 630 of the GOA will soon be
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 1,469 mt, and is
setting aside the remaining 10 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for pollock in Statistical
Area 630 of the GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of pollock in
Statistical Area 630 of the GOA. NMFS
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]]>Agencies
[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Rules and Regulations]
[Pages 44296-44298]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20806]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XQ90
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment and quota
transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT) retention limit should be adjusted
for the September, October-November, and December time periods of the
2009 fishing year, based on consideration of the determination criteria
regarding inseason adjustments. This action applies to Atlantic Tunas
General category permitted vessels and Highly Migratory Species
Charter/Headboat category permitted vessels (when fishing commercially
for BFT). NMFS has also determined that a quota transfer to allow
continued fishing in the Harpoon category is appropriate, and therefore
transfers 25 metric tons (mt) from the Reserve to the Harpoon category
for the remainder of the 2009 fishing year. This action applies to
Atlantic Tunas Harpoon category permitted vessels.
DATES: The effective dates for the adjusted BFT daily retention limits
are September 1, 2009, through December 31, 2009. The quota transfer to
the Harpoon category is effective August 28, 2009, through November 15,
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 Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
[[Page 44297]]
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.
The 2009 fishing year began on January 1, 2009, and ends December
31, 2009. The General category fishery is open until December 31, 2009,
or until the General category quota is reached. The Harpoon category
fishery is open until November 15, 2009, or until the Harpoon category
quota is reached.
Adjustment of General Category Daily Retention Limit
Under 50 CFR 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of three per vessel based on consideration of the criteria
provided under Sec. 635.27(a)(8), which include: the usefulness of
information obtained from catches in the particular category for
biological sampling and monitoring of the status of the stock; the
catches of the particular category quota to date and the likelihood of
closure of that segment of the fishery if no adjustment is made; the
projected ability of the vessels fishing under the particular category
quota to harvest the additional amount of BFT before the end of the
fishing year; the estimated amounts by which quotas for other gear
categories of the fishery might be exceeded; effects of the adjustment
on BFT rebuilding and overfishing; effects of the adjustment on
accomplishing the objectives of the fishery management plan; variations
in seasonal distribution, abundance, or migration patterns of BFT;
effects of catch rates in one area precluding vessels in another area
from having a reasonable opportunity to harvest a portion of the
category's quota; and a review of dealer reports, daily landing trends,
and the availability of the BFT on the fishing grounds.
NMFS published final specifications on June 1, 2009 (74 FR 26110),
and increased the default General category daily retention limit of one
large medium or giant BFT (measuring 73 inches (185 cm) curved fork
length (CFL) or greater) per vessel to three large medium or giant BFT
per vessel for June 1 through August 31, 2009. In addition, NMFS stated
that it would consider adjustment of retention limits for future time
periods, if warranted.
As of July 31, 2009, 53.5 mt of the adjusted 2009 General category
quota have been landed, and landings rates remain less than 1.0 mt per
day. Starting on September 1, 2009, the General category daily
retention limit, located at 50 CFR 635.23(a)(2), is scheduled to revert
back to the default daily retention limit of one large medium or giant
BFT per vessel. This scheduled retention limit applies to General
category permitted vessels and HMS Charter/Headboat category permitted
vessels (when fishing commercially for BFT).
Each of the General category time periods (January, June-August,
September, October-November, and December) is allocated a portion of
the annual General category quota, thereby ensuring extended fishing
opportunities in years when catch rates are high. In consideration of
the rollover of unused quota from the January and June-August time
periods, current catch rates, and the daily retention limit reverting
to one large medium or giant BFT per vessel per day on September 1,
2009, NMFS anticipates the full 2009 fishing year General category
quota will not be harvested. Increasing the daily retention limit from
the default may mitigate rolling an excessive amount of unused quota
from one time-period subquota to the subsequent time-period subquota.
Excessive rollover is undesirable because it effectively changes the
time-period subquota allocation percentages established in the
Consolidated HMS FMP and may contribute to excessive carryovers to
subsequent fishing years.
NMFS has considered the set of criteria cited above and their
applicability to the commercial BFT retention limit for the remainder
of the 2009 fishing year. Based on these considerations, NMFS has
determined that the General category retention should be adjusted to
allow for retention of the established General category quota.
Therefore, NMFS increases the General category retention limit from the
default limits effective September 1, 2009, through December 31, 2009.
Regardless of the duration of a fishing trip, the daily retention limit
applies upon landing. For example, whether a vessel fishing under the
General category limit takes a two-day trip or makes two trips in one
day, the daily limit of three fish may not be exceeded upon landing.
This General category retention limit is effective in all areas, except
for the Gulf of Mexico, and applies to vessels permitted in the General
category as well as to those HMS Charter/Headboat permitted vessels
fishing commercially for BFT.
In August 2008, NMFS followed a similar course of action and raised
the General category retention limits via inseason action to allow for
a three BFT daily retention limit throughout 2008 (73 FR 50885, August
29, 2008). NMFS would address the January 2010 General category daily
retention limit via a separate inseason action later in the year, if
necessary. In December 2008, NMFS set the January 2009 General category
BFT daily retention limit at two BFT per vessel via an inseason action
(73 FR 76972, December 18, 2008), after considering dealer reports,
daily landing trends, the winter fishery performance over the last few
years, BFT availability, and the relatively small January General
category baseline subquota.
This adjustment is intended to provide a reasonable opportunity to
harvest the U.S. landings quota of BFT without exceeding it, while
maintaining an equitable distribution of fishing opportunities, to help
achieve optimum yield in the General category BFT fishery, to collect a
broad range of data for stock monitoring purposes, and to be consistent
with the objectives of the Consolidated HMS FMP.
Inseason Transfer to the Harpoon Category
Under Sec. 635.27(a)(7), NMFS has the authority to allocate any
portion of the Reserve to any category quota in the fishery, other than
the Angling category school BFT subquota (for which there is a separate
reserve), after considering determination criteria provided under Sec.
635.27(a)(8).
The 2009 annual BFT quota specifications (74 FR 26110, June 1,
2009) provide for an adjusted quota of 51.6 mt of large medium and
giant BFT to be harvested from the regulatory area by vessels fishing
under the Harpoon category quota. As of August 11, 2009, Harpoon
category landings totaled 37.7 mt, with 13.9 mt available for the
remainder of the season.
After considering the factors for making transfers between
categories and from the Reserve, NMFS has determined that 25 mt of the
180.4 mt of Reserve should be transferred to the Harpoon category.
Thus, the Harpoon category quota is adjusted to 76.6 mt for the 2009
fishing year. Once the adjusted Harpoon category quota has been
reached, or November 15, 2009, whichever comes first, the Harpoon
category will be closed.
Monitoring and Reporting
NMFS selected the General category daily retention limit and the
duration after examining an array of data as it
[[Page 44298]]
pertains to the determination criteria. These data included, but were
not limited to, current and previous catch and effort rates, quota
availability, previous public comments on inseason management measures,
stock status, etc. NMFS will continue to monitor the BFT fishery
closely through the mandatory dealer landing reports, which NMFS
requires to be submitted within 24 hours of a dealer receiving BFT.
Depending on the level of fishing effort and catch rates of BFT, NMFS
may determine that additional retention limit adjustments are necessary
to ensure available quota is not exceeded or to enhance scientific data
collection from, and fishing opportunities in, all geographic areas.
Closures of the General and Harpoon categories or subsequent
adjustments to the General category daily retention limit, if any, 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 the internet at www.hmspermits.gov, for updates on
quota monitoring and retention limit adjustments.
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.
Affording prior notice and opportunity for public comment to implement
these retention limits is impracticable as it would preclude NMFS from
acting promptly to allow harvest of BFT that are available on the
fishing grounds. Analysis of available data shows that the General
category BFT retention limits may be increased with minimal risks of
exceeding the ICCAT-allocated quota.
Delays in increasing the daily retention limit would adversely
affect those General and Charter/Headboat category vessels that would
otherwise have an opportunity to harvest more than the default
retention limit of one BFT per day and may exacerbate the problem of
low catch rates and quota rollovers. Limited opportunities to harvest
the respective quotas may have negative social and economic impacts to
U.S. fishermen that either depend upon catching the available quota
within the time periods designated in the Consolidated HMS FMP.
Adjustment to the retention limit must be effective September 1, 2009,
to minimize any unnecessary disruption in fishing patterns and for the
impacted sectors to benefit from the adjustments so as to not preclude
fishing opportunities from fishermen who only have access to the
fishery during this time period.
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, and because this action relieves a restriction by
increasing the General category retention limit from the default of one
fish per vessel/trip to three fish per vessel/trip, the AA also finds
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 635.23(a)(4) and
(b)(3) and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: August 24, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-20806 Filed 8-25-09; 4:15 pm]
BILLING CODE 3510-22-S
