Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Blacknose Shark and Non-Blacknose Small Coastal Shark Fisheries, 67251-67252 [2010-27658]
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67251
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations
Fishery
Authorized gear types
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V. Caribbean Fishery Management Council.
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2. Caribbean Reef Fish Fishery (FMP).
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D. Spear.
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D. Other commercial fishery ..............................................................................................................................
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PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
3. The authority citation for part 622
continues to read as follows:
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50 CFR Part 635
RIN 0648–XZ95
Authority: 16 U.S.C. 1801 et seq.
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4. In § 622.33, paragraph (a)
introductory text is revised, paragraph
(a)(2)(ii)(A) is removed and reserved,
and paragraph (a)(8) is added to read as
follows:
Atlantic Highly Migratory Species;
Inseason Action To Close the
Commercial Blacknose Shark and NonBlacknose Small Coastal Shark
Fisheries
§ 622.33 Caribbean EEZ seasonal and/or
area closures.
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of fishery closure.
(a) Seasonal closures. In addition to
the other restrictions specified in this
paragraph (a), fishing with pots, traps,
bottom longlines, gillnets or trammel
nets is prohibited year-round in the
closed areas specified in paragraphs
(a)(1), (2), (3), and (8) of this section.
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(8) Bajo de Sico closed area. (i) The
Bajo de Sico closed area is bounded by
rhumb lines connecting, in order the
following points:
Point A
hsrobinson on DSK69SOYB1PROD with RULES
A
B
C
D
A
North lat.
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18°15.7′
18°15.7′
18°12.7′
18°12.7′
18°15.7′
West long.
67°26.4′
67°23.2′
67°23.2′
67°26.4′
67°26.4′
(ii) From October 1 through March 31,
each year, no person may fish for or
possess any Caribbean reef fish, as listed
in Table 2 of Appendix A to part 622,
in or from those parts of the Bajo de
Sico closed area that are in the EEZ. The
prohibition on possession does not
apply to such Caribbean reef fish
harvested and landed ashore prior to the
closure.
(iii) Anchoring, by fishing vessels, is
prohibited year-round in those parts of
the Bajo de Sico closed area that are in
the EEZ.
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[FR Doc. 2010–27661 Filed 11–1–10; 8:45 am]
BILLING CODE 3510–22–P
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17:21 Nov 01, 2010
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SUMMARY: NMFS is closing the
commercial blacknose shark and nonblacknose small coastal shark (SCS)
fisheries. This action is necessary
because landings for the 2010 blacknose
shark fishing season are projected to
have reached at least 80 percent of the
available quota.
DATES: The commercial fisheries for
blacknose shark and non-blacknose SCS
are closed effective 11:30 p.m. local
time November 2, 2010 until, and if,
NMFS announces, via a notice in the
Federal Register that additional quota is
available and the season is reopened.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz or Peter Cooper,
301–713–2347; (fax) 301–713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its
amendments, and its implementing
regulations found at 50 CFR part 635
issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
Under § 635.5(b)(1), shark dealers are
required to report to NMFS all sharks
landed every two weeks. Dealer reports
for fish received between the 1st and
15th of any month must be received by
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
NMFS by the 25th of that month. Dealer
reports for fish received between the
16th and the end of any month must be
received by NMFS by the 10th of the
following month. Under § 635.28(b)(3),
when NMFS projects that fishing season
landings for either blacknose shark or
non-blacknose SCS quota have reached
or are projected to reach 80 percent of
the available quota within a given
fishing season, NMFS will file for
publication with the Office of the
Federal Register a notice of closure for
the entire SCS fishery, including both
the blacknose and non-blacknose SCS
fisheries, that will be effective no fewer
than 5 days from the date of filing. From
the effective date and time of the closure
until NMFS announces, via a notice in
the Federal Register, that additional
quota is available and the season is
reopened, the fishery for that species
group is closed, even across fishing
years.
On June 1, 2010 (75 FR 30484), NMFS
announced the final rule for
Amendment 3 to the Consolidated
Atlantic Highly Migratory Species
(HMS) Fishery Management Plan (FMP),
which, among other things, established
quotas and opening dates for the 2010
blacknose shark and non-blacknose SCS
fisheries. Both the blacknose shark and
non-blacknose SCS fisheries opened on
June 1, 2010, with base quotas of 19.9
metric tons (mt) dressed weight (dw)
(43,872 lb dw) and 221.6 mt dw
(488,539 lb dw), respectively. Dealer
reports recently received through the
September 30, 2010, reporting period
indicate that 13.4 mt dw or 68 percent
of the available blacknose shark fishery
quota has been landed, and that 89.1 mt
dw or 40 percent of the available nonblacknose SCS fishery quota has been
landed. Dealer reports received to date
indicate that 20 percent of the blacknose
shark quota was landed from the
opening of the fishery on June 1, 2010,
through June 30, 2010; 14.4 percent of
the quota was landed in July; 13.6
percent of the quota was landed in
August; and 20 percent of the quota was
landed in September. NMFS looked at
E:\FR\FM\02NOR1.SGM
02NOR1
67252
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations
hsrobinson on DSK69SOYB1PROD with RULES
two landings projection scenarios—one
that used the average landings rate of
blacknose sharks per day from the entire
2010 fishing period (June 1 to
September 30), and another that used
the average blacknose shark landings
rate from the last reporting period
(September 15 to September 30)—to
estimate blacknose shark landings by
October 31, 2010. The projections
estimate that approximately 17 and 36.9
percent of the blacknose shark quota
will be landed in October, respectively,
and that blacknose shark landings could
total approximately 85 and 104.9
percent of the blacknose shark quota by
October 31, 2010, respectively.
Dealer reports received to date
indicate that 9.5 percent of the nonblacknose SCS fishery quota was landed
from the opening of the fishery on June
1, 2010, through June 30, 2010; 8.5
percent of the quota was landed in July;
9.4 percent of the quota was landed in
August; and 12.6 percent of the quota
was landed in September. NMFS looked
at two landing projection scenarios—
one that used the average landings rate
of non-blacknose SCS per day from the
entire 2010 fishing period (June 1 to
September 30), and another that used
the average non-blacknose SCS landings
rate from the last reporting period
(September 15 to September 30)—to
estimate non-blacknose SCS landings by
October 31, 2010. The projections
VerDate Mar<15>2010
17:21 Nov 01, 2010
Jkt 223001
estimate that approximately 10 and 13.5
percent of the non-blacknose SCS quota
will be landed in October, respectively,
and that non-blacknose SCS landings
could approximately total 50 and 53.5
percent of the non-blacknose shark
quota by October 31, 2010, respectively.
The projections indicate that
blacknose shark landings have reached
at least 85 percent of the quota, which
exceeds the 80-percent limit specified in
the regulations. Accordingly, NMFS is
closing both the commercial blacknose
shark and non-blacknose SCS fisheries
as of 11:30 p.m. local time November 2,
2010. This closure does not affect any
other shark fishery.
During the closure, retention of
blacknose sharks and/or non-blacknose
SCS is prohibited for persons fishing
aboard vessels issued a commercial
shark limited access permit (LAP) under
50 CFR 635.4, unless the vessel is
properly permitted to operate as a
charter vessel or headboat for HMS and
is engaged in a for-hire trip, in which
case the recreational retention limits for
sharks and ‘‘no sale’’ provisions apply
(50 CFR 635.22(a) and (c)). A shark
dealer issued a permit pursuant to
§ 635.4 may not purchase or receive
blacknose sharks and/or non-blacknose
SCS from a vessel issued an Atlantic
shark LAP, except that a permitted
shark dealer or processor may possess
blacknose sharks and/or non-blacknose
PO 00000
Frm 00052
Fmt 4700
Sfmt 9990
SCS that were harvested, off-loaded, and
sold, traded, or bartered, prior to the
effective date of the closure and were
held in storage.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA), finds that providing for
prior notice and public comment for
this action is impracticable and contrary
to the public interest because the fishery
is currently underway, and any delay in
this action would cause overharvest of
the quota and be inconsistent with
management requirements and
objectives. If the quota is exceeded, the
affected public is likely to experience
reductions in the available quota and a
lack of fishing opportunities in future
seasons. 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)(3). This action is required
under § 635.28(b)(2) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 27, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–27658 Filed 10–28–10; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Rules and Regulations]
[Pages 67251-67252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27658]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XZ95
Atlantic Highly Migratory Species; Inseason Action To Close the
Commercial Blacknose Shark and Non-Blacknose Small Coastal Shark
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of fishery closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the commercial blacknose shark and non-
blacknose small coastal shark (SCS) fisheries. This action is necessary
because landings for the 2010 blacknose shark fishing season are
projected to have reached at least 80 percent of the available quota.
DATES: The commercial fisheries for blacknose shark and non-blacknose
SCS are closed effective 11:30 p.m. local time November 2, 2010 until,
and if, NMFS announces, via a notice in the Federal Register that
additional quota is available and the season is reopened.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper,
301-713-2347; (fax) 301-713-1917.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS)
Fishery Management Plan (FMP), its amendments, and its implementing
regulations found at 50 CFR part 635 issued under authority of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
Under Sec. 635.5(b)(1), shark dealers are required to report to
NMFS all sharks landed every two weeks. Dealer reports for fish
received between the 1st and 15th of any month must be received by NMFS
by the 25th of that month. Dealer reports for fish received between the
16th and the end of any month must be received by NMFS by the 10th of
the following month. Under Sec. 635.28(b)(3), when NMFS projects that
fishing season landings for either blacknose shark or non-blacknose SCS
quota have reached or are projected to reach 80 percent of the
available quota within a given fishing season, NMFS will file for
publication with the Office of the Federal Register a notice of closure
for the entire SCS fishery, including both the blacknose and non-
blacknose SCS fisheries, that will be effective no fewer than 5 days
from the date of filing. From the effective date and time of the
closure until NMFS announces, via a notice in the Federal Register,
that additional quota is available and the season is reopened, the
fishery for that species group is closed, even across fishing years.
On June 1, 2010 (75 FR 30484), NMFS announced the final rule for
Amendment 3 to the Consolidated Atlantic Highly Migratory Species (HMS)
Fishery Management Plan (FMP), which, among other things, established
quotas and opening dates for the 2010 blacknose shark and non-blacknose
SCS fisheries. Both the blacknose shark and non-blacknose SCS fisheries
opened on June 1, 2010, with base quotas of 19.9 metric tons (mt)
dressed weight (dw) (43,872 lb dw) and 221.6 mt dw (488,539 lb dw),
respectively. Dealer reports recently received through the September
30, 2010, reporting period indicate that 13.4 mt dw or 68 percent of
the available blacknose shark fishery quota has been landed, and that
89.1 mt dw or 40 percent of the available non-blacknose SCS fishery
quota has been landed. Dealer reports received to date indicate that 20
percent of the blacknose shark quota was landed from the opening of the
fishery on June 1, 2010, through June 30, 2010; 14.4 percent of the
quota was landed in July; 13.6 percent of the quota was landed in
August; and 20 percent of the quota was landed in September. NMFS
looked at
[[Page 67252]]
two landings projection scenarios--one that used the average landings
rate of blacknose sharks per day from the entire 2010 fishing period
(June 1 to September 30), and another that used the average blacknose
shark landings rate from the last reporting period (September 15 to
September 30)--to estimate blacknose shark landings by October 31,
2010. The projections estimate that approximately 17 and 36.9 percent
of the blacknose shark quota will be landed in October, respectively,
and that blacknose shark landings could total approximately 85 and
104.9 percent of the blacknose shark quota by October 31, 2010,
respectively.
Dealer reports received to date indicate that 9.5 percent of the
non-blacknose SCS fishery quota was landed from the opening of the
fishery on June 1, 2010, through June 30, 2010; 8.5 percent of the
quota was landed in July; 9.4 percent of the quota was landed in
August; and 12.6 percent of the quota was landed in September. NMFS
looked at two landing projection scenarios--one that used the average
landings rate of non-blacknose SCS per day from the entire 2010 fishing
period (June 1 to September 30), and another that used the average non-
blacknose SCS landings rate from the last reporting period (September
15 to September 30)--to estimate non-blacknose SCS landings by October
31, 2010. The projections estimate that approximately 10 and 13.5
percent of the non-blacknose SCS quota will be landed in October,
respectively, and that non-blacknose SCS landings could approximately
total 50 and 53.5 percent of the non-blacknose shark quota by October
31, 2010, respectively.
The projections indicate that blacknose shark landings have reached
at least 85 percent of the quota, which exceeds the 80-percent limit
specified in the regulations. Accordingly, NMFS is closing both the
commercial blacknose shark and non-blacknose SCS fisheries as of 11:30
p.m. local time November 2, 2010. This closure does not affect any
other shark fishery.
During the closure, retention of blacknose sharks and/or non-
blacknose SCS is prohibited for persons fishing aboard vessels issued a
commercial shark limited access permit (LAP) under 50 CFR 635.4, unless
the vessel is properly permitted to operate as a charter vessel or
headboat for HMS and is engaged in a for-hire trip, in which case the
recreational retention limits for sharks and ``no sale'' provisions
apply (50 CFR 635.22(a) and (c)). A shark dealer issued a permit
pursuant to Sec. 635.4 may not purchase or receive blacknose sharks
and/or non-blacknose SCS from a vessel issued an Atlantic shark LAP,
except that a permitted shark dealer or processor may possess blacknose
sharks and/or non-blacknose SCS that were harvested, off-loaded, and
sold, traded, or bartered, prior to the effective date of the closure
and were held in storage.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA), finds that providing for prior notice and public
comment for this action is impracticable and contrary to the public
interest because the fishery is currently underway, and any delay in
this action would cause overharvest of the quota and be inconsistent
with management requirements and objectives. If the quota is exceeded,
the affected public is likely to experience reductions in the available
quota and a lack of fishing opportunities in future seasons. 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)(3). This action is required
under Sec. 635.28(b)(2) and is exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 27, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-27658 Filed 10-28-10; 4:15 pm]
BILLING CODE 3510-22-P
