Western and Central Pacific Fisheries for Highly Migratory Species; 2010 Bigeye Tuna Longline Fishery Closure, 68725-68726 [2010-28284]

Download as PDF wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations (C) Additional protection areas within the Kings Bay manatee refuge, but outside of the existing manatee sanctuaries set forth in paragraphs (a)(1) through (a)(7) of this section will be posted to distances as described in paragraph (c)(14)(ii)(A) of this section and identified by the following devices: buoys, float lines, signs, advisories from on-site Service employees and their designees, or other methods. (iii) Exceptions. Private and public landowners who own property that adjoins designated no entry areas in Kings Bay are authorized to be in these areas for the purpose of accessing their property and local waterways, storing watercraft, and maintaining owned property and waterways. Authorized individuals include property owners, their guests, employees, and their designees. All watercraft operated by authorized individuals will be identified by a sticker placed on the watercraft in a conspicuous location; the Service will provide identifying stickers. All authorized watercraft must operate at idle speed when in adjoining waters. Maintenance activities include those actions necessary to maintain property and waterways, subject to any Federal, State, and local government permitting requirements. (iv) Notifications. When waterborne activities pose an immediate threat to aggregations of manatees and are likely to take one or more manatees, additional protection areas outside of existing manatee sanctuaries set forth in paragraphs (a)(1) through (a)(7) of this section but within the Kings Bay manatee refuge will be posted to distances as described in paragraph (c)(14)(ii)(A) of this section. No-entry area designations will occur immediately. We will advise the public of designations through public notice(s) announcing and describing the measures in a local newspaper and other media, including but not limited to, local television and radio broadcasts, Web sites, and other news outlets, as soon as time permits. Onsite Service employees and their designees, when present, will also inform waterway users of designations. (v) Prohibitions. Pursuant to the ESA and MMPA, all takings, including takings by harassment, are prohibited throughout the year and any manatee takings, wherever they may occur, are prohibited. To better prevent the take of manatees by individuals engaged in waterborne activities while in the water, in boats, or on-shore within the Kings Bay Manatee Refuge, we specifically identify and prohibit the following types of activities. (A) Chasing or pursuing manatee(s). VerDate Mar<15>2010 14:45 Nov 08, 2010 Jkt 223001 (B) Disturbing or touching resting or feeding manatee(s). (C) Diving from the surface on to resting or feeding manatee(s). (D) Cornering or surrounding or attempting to corner or surround a manatee(s). (E) Riding, holding, grabbing, or pinching or attempting to ride, hold, grab, or pinch manatee(s). (F) Poking, prodding, or stabbing, or attempting to poke, prod, or stab manatee(s) with anything, including your hands and feet. (G) Standing on or attempting to stand on manatee(s). (H) Separating a mother and calf or attempting to separate a mother and calf. (I) Separating manatee(s) from a group or attempting to separate manatee(s) from a group. (J) Giving manatee(s) anything to eat or drink or attempting to give manatee(s) anything to eat or drink. (K) Actively initiating contact with belted and/or tagged manatee(s) and associated gear, including any belts, harnesses, tracking devices, and antennae. (L) The following waterborne activities are prohibited within Three Sisters Springs, from November 15 to March 15: (1) Scuba diving. (2) Fishing, including with hook and line, by cast net, or spear. (vi) The area defined as Three Sisters Springs where scuba diving and fishing is prohibited is delineated as the following: The area known locally as Three Sisters Springs, which is located along the north shore of the canal that begins on the west side of the City of Crystal River’s SE Cutler Spur Boulevard and runs west northwest to Kings Bay. The area includes at least three main spring vents and numerous smaller vents within the Three Sisters Springs complex, and the spring run that connects the springs to the canal. Dated: October 25, 2010. Will Shafroth, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2010–28196 Filed 11–8–10; 8:45 am] BILLING CODE 4310–55–P PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 68725 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 090130102–91386–02] RIN 0648–XZ39 Western and Central Pacific Fisheries for Highly Migratory Species; 2010 Bigeye Tuna Longline Fishery Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; fishery closure. AGENCY: NMFS is closing the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean as a result of the fishery reaching the 2010 catch limit. DATES: Effective November 22, 2010, through December 31, 2010. FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands Region, 808–944–2219. SUPPLEMENTARY INFORMATION: Pelagic longline fishing in the western and central Pacific Ocean is managed, in part, under the Western and Central Pacific Fisheries Convention Implementation Act (Act). Regulations governing fishing by U.S. vessels in accordance with the Act appear at 50 CFR part 300, subpart O. NMFS established a limit (74 FR 63999, December 7, 2009, and codified at 50 CFR 300.224) for calendar year 2010 of 3,763 metric tons (mt) of bigeye tuna (Thunnus obesus) that may be caught and retained in the U.S. pelagic longline fishery in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention Area). NMFS monitored the retained catches of bigeye tuna using logbook data submitted by vessel captains and other available information, and determined that the 2010 catch limit is expected to be reached on November 22, 2010. In accordance with § 300.224(d), this rule serves as advance notification to fishermen, the fishing industry, and the general public that the U.S. longline fishery for bigeye tuna in the Convention Area will be closed starting on November 22, 2010, through the end of the 2010 calendar year. The 2011 fishing year is scheduled to open on January 1, 2011; the 2011 bigeye tuna catch limit will be 3,763 mt. This rule does not apply to the longline fisheries SUMMARY: E:\FR\FM\09NOR1.SGM 09NOR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 68726 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands (CNMI), as described below. During the closure, a U.S. fishing vessel may not retain on board, transship, or land bigeye tuna captured by longline gear in the Convention Area, except that any bigeye tuna already on board a fishing vessel upon the effective date of the restrictions may be retained on board, transshipped, and landed, provided that they are landed within 14 days of the start of the closure, that is, by December 6, 2010. This 14-day landing requirement does not apply to a vessel that has declared to NMFS, pursuant to 50 CFR 665.803(a), that the current trip type is shallow-setting. Furthermore, bigeye tuna caught by longline gear may be retained on board, transshipped, and landed if the fish are caught by a vessel registered for use under a valid NMFS-issued American Samoa Longline Limited Access Permit or if they are landed in American Samoa, Guam, or the CNMI. In either of these two cases, however, the following conditions must be met: (1) The bigeye tuna are not caught in the portion of the U.S. Exclusive Economic Zone (EEZ) around the Hawaiian Archipelago; (2) Such retention, transshipment, and/or landing is in compliance with applicable laws and regulations; and (3) The bigeye tuna are landed by a U.S. fishing vessel operated in compliance with a valid permit issued under 50 CFR 660.707 or 665.801. During the closure, a U.S. vessel is also prohibited from transshipping bigeye tuna caught in the Convention Area by longline gear to any vessel other than a U.S. fishing vessel operated with a valid permit issued under 50 CFR 660.707 or 665.801. The catch limit and this closure do not apply to bigeye tuna caught by longline gear outside the Convention Area, such as in the eastern Pacific Ocean. To ensure compliance with the restrictions related to bigeye tuna caught by longline gear in the Convention Area, however, the following requirements apply during the closure period: (1) A U.S. fishing vessel may not be used to fish with longline gear both inside and outside the Convention Area during the same fishing trip, with the exception of a fishing trip that is in progress on November 22, 2010. In that case, the catch of bigeye tuna must be landed by December 6, 2010; and (2) If a U.S. vessel is used to fish using longline gear outside the Convention Area and the vessel enters the Convention Area at any time during the same fishing trip, the longline gear on the fishing vessel must be stowed in a VerDate Mar<15>2010 14:45 Nov 08, 2010 Jkt 223001 manner so as not to be readily available for fishing while the vessel is in the Convention Area. Specifically, the hooks, branch or dropper lines, and floats used to buoy the mainline must be stowed and not available for immediate use, and any power-operated mainline hauler on deck must be covered in such a manner that it is not readily available for use. The above two additional prohibitions do not apply to the following vessels: (1) Vessels on declared shallowsetting trips pursuant to 50 CFR 665.803(a); and (2) Vessels registered for use under valid American Samoa Longline Limited Access Permits and vessels landing their bigeye tuna catch in American Samoa, Guam, or the CNMI, so long as these vessels conduct fishing activities in accordance with the conditions described above, that is, the bigeye tuna were not caught in the EEZ around the Hawaiian Archipelago, the retention, transshipment, and/or landing is in compliance with applicable laws and regulations, and the bigeye tuna are landed by a vessel that has a valid permit issued under 50 CFR 660.707 or 665.801. Classification There is good cause to waive prior notice and opportunity for public comment pursuant to 5 U.S.C. 553(b)(B). This action is based on the best available information and is necessary for the conservation and management of bigeye tuna. Compliance with the notice and comment requirement would be impracticable and contrary to the public interest, since NMFS would be unable to ensure that the 2010 bigeye tuna catch limit is not exceeded. The annual catch limit is an important mechanism to ensure that the U.S.A. complies with its international obligations in preventing overfishing and managing the fishery at optimum yield. Moreover, NMFS previously solicited public comments on the rule that established the catch limit (74 FR 63999, December 7, 2009). For the same reasons, there is good cause to establish an effective date less than 30 days after date of publication of this notice. This action is required by § 300.224(d) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 6901 et seq. Dated: November 4, 2010. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–28284 Filed 11–8–10; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XAO21 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: NMFS is opening directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. This action is necessary to fully use the 2010 total allowable catch of Pacific ocean perch specified for the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 4, 2010, through 2400 hrs, A.l.t., December 31, 2010. Comments must be received at the following address no later than 4:30 p.m., A.l.t., November 24, 2010. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by 0648–XAO21, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov. • Mail: P.O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (e.g., name, address) 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 SUMMARY: E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Rules and Regulations]
[Pages 68725-68726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28284]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 090130102-91386-02]
RIN 0648-XZ39


Western and Central Pacific Fisheries for Highly Migratory 
Species; 2010 Bigeye Tuna Longline Fishery Closure

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

ACTION: Temporary rule; fishery closure.

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SUMMARY: NMFS is closing the U.S. pelagic longline fishery for bigeye 
tuna in the western and central Pacific Ocean as a result of the 
fishery reaching the 2010 catch limit.

DATES: Effective November 22, 2010, through December 31, 2010.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands 
Region, 808-944-2219.

SUPPLEMENTARY INFORMATION: Pelagic longline fishing in the western and 
central Pacific Ocean is managed, in part, under the Western and 
Central Pacific Fisheries Convention Implementation Act (Act). 
Regulations governing fishing by U.S. vessels in accordance with the 
Act appear at 50 CFR part 300, subpart O.
    NMFS established a limit (74 FR 63999, December 7, 2009, and 
codified at 50 CFR 300.224) for calendar year 2010 of 3,763 metric tons 
(mt) of bigeye tuna (Thunnus obesus) that may be caught and retained in 
the U.S. pelagic longline fishery in the area of application of the 
Convention on the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (Convention Area). NMFS 
monitored the retained catches of bigeye tuna using logbook data 
submitted by vessel captains and other available information, and 
determined that the 2010 catch limit is expected to be reached on 
November 22, 2010. In accordance with Sec.  300.224(d), this rule 
serves as advance notification to fishermen, the fishing industry, and 
the general public that the U.S. longline fishery for bigeye tuna in 
the Convention Area will be closed starting on November 22, 2010, 
through the end of the 2010 calendar year. The 2011 fishing year is 
scheduled to open on January 1, 2011; the 2011 bigeye tuna catch limit 
will be 3,763 mt. This rule does not apply to the longline fisheries

[[Page 68726]]

of American Samoa, Guam, or the Commonwealth of the Northern Mariana 
Islands (CNMI), as described below.
    During the closure, a U.S. fishing vessel may not retain on board, 
transship, or land bigeye tuna captured by longline gear in the 
Convention Area, except that any bigeye tuna already on board a fishing 
vessel upon the effective date of the restrictions may be retained on 
board, transshipped, and landed, provided that they are landed within 
14 days of the start of the closure, that is, by December 6, 2010. This 
14-day landing requirement does not apply to a vessel that has declared 
to NMFS, pursuant to 50 CFR 665.803(a), that the current trip type is 
shallow-setting.
    Furthermore, bigeye tuna caught by longline gear may be retained on 
board, transshipped, and landed if the fish are caught by a vessel 
registered for use under a valid NMFS-issued American Samoa Longline 
Limited Access Permit or if they are landed in American Samoa, Guam, or 
the CNMI. In either of these two cases, however, the following 
conditions must be met:
    (1) The bigeye tuna are not caught in the portion of the U.S. 
Exclusive Economic Zone (EEZ) around the Hawaiian Archipelago;
    (2) Such retention, transshipment, and/or landing is in compliance 
with applicable laws and regulations; and
    (3) The bigeye tuna are landed by a U.S. fishing vessel operated in 
compliance with a valid permit issued under 50 CFR 660.707 or 665.801.
    During the closure, a U.S. vessel is also prohibited from 
transshipping bigeye tuna caught in the Convention Area by longline 
gear to any vessel other than a U.S. fishing vessel operated with a 
valid permit issued under 50 CFR 660.707 or 665.801.
    The catch limit and this closure do not apply to bigeye tuna caught 
by longline gear outside the Convention Area, such as in the eastern 
Pacific Ocean. To ensure compliance with the restrictions related to 
bigeye tuna caught by longline gear in the Convention Area, however, 
the following requirements apply during the closure period:
    (1) A U.S. fishing vessel may not be used to fish with longline 
gear both inside and outside the Convention Area during the same 
fishing trip, with the exception of a fishing trip that is in progress 
on November 22, 2010. In that case, the catch of bigeye tuna must be 
landed by December 6, 2010; and
    (2) If a U.S. vessel is used to fish using longline gear outside 
the Convention Area and the vessel enters the Convention Area at any 
time during the same fishing trip, the longline gear on the fishing 
vessel must be stowed in a manner so as not to be readily available for 
fishing while the vessel is in the Convention Area. Specifically, the 
hooks, branch or dropper lines, and floats used to buoy the mainline 
must be stowed and not available for immediate use, and any power-
operated mainline hauler on deck must be covered in such a manner that 
it is not readily available for use.
    The above two additional prohibitions do not apply to the following 
vessels:
    (1) Vessels on declared shallow-setting trips pursuant to 50 CFR 
665.803(a); and
    (2) Vessels registered for use under valid American Samoa Longline 
Limited Access Permits and vessels landing their bigeye tuna catch in 
American Samoa, Guam, or the CNMI, so long as these vessels conduct 
fishing activities in accordance with the conditions described above, 
that is, the bigeye tuna were not caught in the EEZ around the Hawaiian 
Archipelago, the retention, transshipment, and/or landing is in 
compliance with applicable laws and regulations, and the bigeye tuna 
are landed by a vessel that has a valid permit issued under 50 CFR 
660.707 or 665.801.

Classification

    There is good cause to waive prior notice and opportunity for 
public comment pursuant to 5 U.S.C. 553(b)(B). This action is based on 
the best available information and is necessary for the conservation 
and management of bigeye tuna. Compliance with the notice and comment 
requirement would be impracticable and contrary to the public interest, 
since NMFS would be unable to ensure that the 2010 bigeye tuna catch 
limit is not exceeded. The annual catch limit is an important mechanism 
to ensure that the U.S.A. complies with its international obligations 
in preventing overfishing and managing the fishery at optimum yield. 
Moreover, NMFS previously solicited public comments on the rule that 
established the catch limit (74 FR 63999, December 7, 2009). For the 
same reasons, there is good cause to establish an effective date less 
than 30 days after date of publication of this notice.
    This action is required by Sec.  300.224(d) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 6901 et seq.

    Dated: November 4, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-28284 Filed 11-8-10; 8:45 am]
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