Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 53671-53672 [E9-25188]

Download as PDF Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations Government-to-Government Relationship With Tribes In accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951), E.O. 13175, and 512 DM 2, we have evaluated potential effects on Federally recognized Indian Tribes and have determined that there are no potential effects. This rule will not interfere with the ability of Tribes to manage themselves or their funds or to regulate migratory bird activities on Tribal lands. Energy Supply, Distribution, or Use (E.O. 13211) On May 18, 2001, the President issued E.O. 13211 addressing regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This rulemaking is not a significant regulatory action under E.O. 12866, and it will not significantly affect energy supplies, distribution, or use. This action will not be a significant energy action, and no Statement of Energy Effects is required. Compliance With Endangered Species Act Requirements Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), requires that ‘‘The Secretary [of the Interior] shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act’’ (16 U.S.C. 1536(a)(1)). It further states that the Secretary must ‘‘insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat’’ (16 U.S.C. 1536(a)(2)). We have concluded that this change to the regulations will not affect listed species. 53671 List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. ■ For the reasons discussed in the preamble, we amend part 20, subchapter B, chapter I of title 50 of the Code of Federal Regulations as follows: PART 20—[AMENDED] 1. The authority citation for part 20 continues to read as follows: ■ Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703–712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a–j; Public Law 106–108, 113 Stat. 1491, Note Following 16 U.S.C. 703. 2. Amend § 20.21 by revising paragraph (j) to read as follows: ■ § 20.21 What hunting methods are illegal? * * * * * (j)(1) While possessing loose shot for muzzle loading or shotshells containing other than the following approved shot types. Approved shot type * Percent composition by weight Field testing device ** Bismuth-tin ............................. Iron (steel) .............................. Iron-tungsten .......................... Iron-tungsten-nickel ................ Tungsten-bronze .................... Hot Shot®. *** Magnet or Hot Shot®. Magnet or Hot Shot®. Magnet or Hot Shot®. Rare Earth Magnet. Tungsten-iron-copper-nickel ... 97 bismuth, and 3 tin .......................................................................................................... iron and carbon ................................................................................................................... any proportion of tungsten, and ≥1 iron ............................................................................. ≥1 iron, any proportion of tungsten, and up to 40 nickel ................................................... 51.1 tungsten, 44.4 copper, 3.9 tin, and 0.6 iron, or 60 tungsten, 35.1 copper, 3.9 tin, and 1 iron. 40–76 tungsten, 10–37 iron, 9–16 copper, and 5-7 nickel ................................................ Tungsten-matrix ..................... Tungsten-polymer .................. Tungsten-tin-iron .................... Tungsten-tin-bismuth .............. Tungsten-tin-iron-nickel .......... Tungsten-iron-polymer ........... 95.9 tungsten, 4.1 polymer ................................................................................................. 95.5 tungsten, 4.5 Nylon 6 or 11 ........................................................................................ any proportions of tungsten and tin, and ≥1 iron ............................................................... any proportions of tungsten, tin, and bismuth. ................................................................... 65 tungsten, 21.8 tin, 10.4 iron, and 2.8 nickel .................................................................. 41.5–95.2 tungsten, 1.5–52.0 iron, and 3.5-8.0 fluoropolymer .......................................... Hot Shot® or Rare Earth Magnet. Hot Shot®. Hot Shot®. Magnet or Hot Shot®. Rare Earth Magnet. Magnet. Magnet or Hot Shot®. * Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome on approved nontoxic shot types also are approved. ** The information in the ‘‘Field Testing Device’’ column is strictly informational, not regulatory. *** The ‘‘HOT*SHOT’’ field testing device is from Stream Systems of Concord, CA. cprice-sewell on DSKGBLS3C1PROD with RULES (2) Each approved shot type must contain less than 1 percent residual lead (see § 20.134). (3) This shot type restriction applies to the taking of ducks, geese (including brant), swans, coots (Fulica americana), and any other species that make up aggregate bag limits with these migratory game birds during concurrent seasons in areas described in § 20.108 as nontoxic shot zones. Dated: October 7, 2009. Thomas L. Strickland, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E9–25108 Filed 10–19–09; 8:45 am] BILLING CODE 4310–55–P 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. SUMMARY: NMFS has determined that the 25–mt quota available for the VerDate Nov<24>2008 14:44 Oct 19, 2009 Jkt 220001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 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 E:\FR\FM\20OCR1.SGM 20OCR1 53672 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 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°00′ N. lat., 60°00′ W. long.; 55°00′ N. lat., 60°00′ W. long.; 55°00′ N. lat., 20°00′ W. long.; 35°00′ N. lat., 20°00′ W. long.; 35°00′ N. lat., 60°00′ W. long. cprice-sewell on DSKGBLS3C1PROD with RULES Application of Longline Category Incidental BFT Retention Limits in NED The 2009 adjusted BFT quota specifications issued pursuant to § 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 § 635.23(f)(3), once the 25mt NED quota has been attained, the target catch requirements specified in § 635.23(f)(1) apply. Based on reported VerDate Nov<24>2008 14:44 Oct 19, 2009 Jkt 220001 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 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 E:\FR\FM\20OCR1.SGM 20OCR1

Agencies

[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Rules and Regulations]
[Pages 53671-53672]
From the Federal Register Online via the Government Printing 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