Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 18416-18418 [2011-7932]
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18416
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
sroberts on DSK69SOYB1PROD with RULES
of Mexico eastern zone into northern
and southern subzones, and established
their separate commercial quotas. The
northern Florida west coast subzone is
located in Federal waters of the Gulf
north of 26°19.8′ N lat. (a line directly
west from the Lee/Collier County, FL
boundary) and east of 87°31.1′ W long.
(a line directly south from the Alabama/
Florida boundary). The quota for the
northern subzone is 168,750 lb (76,544
kg) (50 CFR 622.42(c)(1)(ii)).
In accordance with 50 CFR 622.43(a),
NMFS is required to close any zone to
the commercial harvest of king mackerel
when the zone’s quota has been
reached, or is projected to be reached,
by filing a notification with the Office
of the Federal Register. NMFS has
determined the commercial quota for
Gulf group king mackerel in the
northern Florida west coast subzone
will be reached by April 04, 2011.
Accordingly, commercial fishing for
Gulf group king mackerel in the
northern Florida west coast subzone is
closed effective 12:01 a.m., local time,
April 04, 2011, until 12:01 a.m., local
time, July 1, 2011, the end of the current
fishing year.
During the closure period, no person
aboard a vessel for which a commercial
permit for king mackerel has been
issued may fish for or retain Gulf group
king mackerel in Federal waters of the
closed subzone. There is one exception,
however, for a person aboard a charter
vessel or headboat. A person aboard a
vessel that has a valid charter/headboat
permit and also has a commercial king
mackerel permit for coastal migratory
pelagic fish may continue to retain king
mackerel in or from the closed subzone
under the 2-fish daily bag limit,
provided the vessel is operating as a
charter vessel or headboat. Charter
vessels or headboats that hold a
commercial king mackerel permit are
considered to be operating as a charter
vessel or headboat when they carry a
passenger who pays a fee or when more
than three persons are aboard, including
operator and crew.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds the need to immediately
implement this commercial closure
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures
would be unnecessary and contrary to
the public interest. Such procedures
would be unnecessary because the rule
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18:24 Apr 01, 2011
Jkt 223001
itself already has been subject to notice
and comment, and all that remains is to
notify the public of the closure.
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the fishery
resource because the capacity of the
commercial fleet allows for rapid
harvest of the quota. Prior notice and
opportunity for public comment would
require time and potentially result in a
harvest well in excess of the established
quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 30, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–7930 Filed 3–30–11; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 100317152–0176–01]
RIN 0648–XA327
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
Angling category retention limit
adjustment; southern area trophy fishery
closure.
AGENCY:
NMFS has determined that
the Atlantic bluefin tuna (BFT) daily
retention limit should be adjusted for
the remainder of 2011, based on
consideration of the regulatory
determination criteria regarding
inseason adjustments and based on
North Carolina Tagging Program data.
These actions apply to vessels permitted
in the Highly Migratory Species (HMS)
Angling category and Charter/Headboat
category (when fishing recreationally for
BFT). NMFS also closes the southern
area Angling category fishery for large
medium and giant (‘‘trophy’’) BFT.
These actions are being taken consistent
SUMMARY:
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Fmt 4700
Sfmt 4700
with the BFT fishery management
objectives of the 2006 Consolidated
HMS Fishery Management Plan and to
prevent overharvest of the 2011 Angling
category quota.
Effective April 2, 2011, through
December 31, 2011.
DATES:
FOR FURTHER INFORMATION CONTACT:
Brad
McHale, 978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.)
and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006).
The 2011 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
quota, began January 1, 2011. The
Angling category season opened January
1, 2011, and continues through
December 31, 2011. Currently, the
default Angling category daily retention
limit of one school, large school, or
small medium BFT (measuring 27 to
less than 73 inches (68.5 to less than
185 cm)) applies (§ 635.23(b)(2)). An
annual limit of one large medium or
giant BFT (73 inches or greater) per
vessel also applies (§ 635.23(b)(1)).
These retention limits apply to HMS
Angling and HMS Charter/Headboat
category permitted vessels (when
fishing recreationally for BFT).
In order to implement the 2010
ICCAT-recommended baseline annual
U.S. BFT quota, NMFS has published a
proposed rule that would modify the
U.S. BFT quota and base subquotas for
all domestic fishing categories, and
establish BFT quota specifications for
2011 (76 FR 13583, March 14, 2011).
Until the final rule is effective (likely
June 2011), the BFT base quotas
codified at § 635.27(a) remain in effect.
The currently codified Angling category
quota is 187.6 mt (97.7 mt for school
BFT, 85.6 mt for large school/small
medium BFT, and 4.3 mt for large
medium/giant BFT).
E:\FR\FM\04APR1.SGM
04APR1
sroberts on DSK69SOYB1PROD with RULES
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
Adjustment of Angling Category Daily
Retention Limit
Under § 635.23(b)(3), NMFS may
increase or decrease the retention limit
for any size class of BFT 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. Retention limits
may be adjusted separately for specific
vessel type, such as private vessels,
headboats, or charterboats.
NMFS has considered the set of
criteria cited above and their
applicability to the Angling category
BFT retention limit for the 2011 Angling
category fishery. NMFS examined the
results of the 2007 through 2010 fishing
seasons under the applicable daily
retention limits, as well as the observed
trend in the recreational fishery toward
heavier fish, particularly in the small
medium size range (59 to less than 73
inches). Data and dockside observations
from 2007 through 2009 indicated a
shift in catch to the large school/small
medium size class (47 to less than 73
inches (119 to less than 185 cm)),
particularly to large school BFT (47 to
less than 59 inches (119 to less than 150
cm)) in 2008 and to small medium BFT
in 2009. Large school and small medium
BFT traditionally have been managed as
one size class (47 to less than 73
inches). NMFS has found that as this
cohort of fish ages and grows in weight
but remains under 73 inches (i.e., the
upper range of the large school/small
medium size class), the large school/
small medium subquota has been
attained with fewer fish landed.
In 2010, based on considerations of
the available quota, fishery performance
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18:24 Apr 01, 2011
Jkt 223001
in recent years, and the availability of
BFT on the fishing grounds, NMFS
adjusted the Angling category retention
limit to prohibit the retention of small
medium BFT (75 FR 33531, June 14,
2010). Recognizing the different nature,
needs, and recent landings results of
private and charter/headboat vessels,
NMFS implemented separate limits for
each. Effective June 12 through
December 31, 2010, the limit was one
school or large school BFT per vessel
per day/trip for private vessels (i.e.,
those with HMS Angling category
permits), and was one school BFT and
one large school BFT per vessel per day/
trip for charter vessels (i.e., those with
HMS Charter/Headboat permits, while
fishing recreationally for BFT).
In order to constrain landings to the
Consolidated HMS FMP-based Angling
category allocations, NMFS must
implement conservative daily retention
limits in 2011. It is important that
NMFS constrain landings to BFT
subquotas both to adhere to the current
FMP quota allocations and to ensure
that landings are as consistent as
possible with the pattern of fishing
mortality (e.g., fish caught at each age)
that was assumed in the projections of
stock rebuilding.
Information from the North Carolina
Tagging Program and from fishery
participants indicates that the vast
majority of BFT landed recreationally
this year have been 59 inches or greater.
Comparisons of 2011/2010 catch rates
from the North Carolina Tagging
program for the month of January
indicated rates were considerably
slower in January 2011, however
comparisons of January–February
indicate catch rates have increased
dramatically and are on par, if not
slightly higher, than those in 2010.
Based on considerations of the available
quota, fishery performance in recent
years, and the availability of BFT on the
fishing grounds, it is reasonable to
assume that the large school/small
medium subquota (and potentially the
Angling category quota) would be
exceeded under the default daily
retention limit. NMFS has determined
that the Angling category retention limit
should be adjusted to prohibit the
retention of small medium BFT, and
that implementation of separate limits
for private and charter/headboat vessels
is appropriate, recognizing the different
nature, needs, and recent landings
results of the two sectors. For example,
charter operators historically have
indicated that a multi-fish retention
limit is vital to their ability to attract
customers. In addition, recent Large
Pelagics Survey estimates indicate that
charter/headboat BFT landings
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Fmt 4700
Sfmt 4700
18417
constitute approximately 25 percent of
recent recreational landings, with the
remaining 75 percent landed by private
vessels. Therefore, for private vessels,
i.e., those with HMS Angling category
permits, the limit is one school or large
school BFT per vessel per day/trip (i.e.,
one BFT measuring 27 to less than 59
inches). For charter vessels (i.e., those
with HMS Charter/Headboat permits),
the limit is one school BFT and one
large school BFT per vessel per day/trip
while fishing recreationally for BFT
(i.e., one BFT measuring 27 to less than
47 inches, and one BFT measuring 47 to
less than 59 inches). These retention
limits will be effective in all areas,
except for the Gulf of Mexico, where
NMFS prohibits targeted fishing for
BFT. Regardless of the duration of a
fishing trip, the daily retention limit
applies upon landing. NMFS may adjust
the daily retention limit further with an
inseason action if warranted.
As discussed above, the
determination to adjust the daily
retention limit is primarily based on the
catches of large school/small medium
BFT in recent years and the likelihood
of closure of that segment of the fishery
if no adjustment is made
(§ 635.27(a)(8)(ii)), and the anticipated
availability of large school/small
medium BFT on the fishing grounds
(§ 635.27(a)(8)(ix)). NMFS anticipates
that reduction of the BFT daily retention
limit will result in landings during 2011
that would not exceed the available
subquotas as codified in 2010.
Large Medium and Giant ‘‘Trophy’’
Category Fishery; Closure
The 2010 codified BFT quotas provide
for 4.3 mt of large medium and giant
(trophy) BFT (measuring greater than 73
inches) to be harvested from the
regulatory area by vessels fishing under
the Angling category quota, with 1.4 mt
for the area north of 39°18′ N. lat. (off
Great Egg Inlet, NJ) and 2.9 mt for the
area south of 39°18′ N. lat.
Based on North Carolina Tagging
Program information, NMFS has
determined that the codified southern
area trophy BFT Angling category
subquota has been taken and that a
closure of the southern area trophy BFT
fishery is warranted at this time.
Therefore, fishing for, retaining,
possessing, or landing large medium or
giant BFT south of 39°18′ N. lat. by
persons aboard vessels permitted in the
HMS Angling category and the HMS
Charter/Headboat category (while
fishing recreationally) must cease at
11:30 p.m. local time on April 2, 2011.
This action is taken consistent with the
regulations at § 635.28(a)(1).
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
These Angling category actions are
intended to provide a reasonable
opportunity to harvest the U.S. quota of
BFT without exceeding it, while
maintaining an equitable distribution of
fishing opportunities; and to be
consistent with the objectives of the
Consolidated HMS FMP.
HMS Angling and HMS Charter/
Headboat category permit holders may
catch and release (or tag and release)
BFT of all sizes, subject to the
requirements of the catch-and-release
and tag-and-release programs at
§ 635.26. Anglers are also reminded that
all released BFT must be returned to the
sea immediately with a minimum of
injury and without removing the fish
from the water, consistent with
requirements at § 635.21(a)(1).
If needed, subsequent Angling
category adjustments will be published
in the Federal Register. In addition,
fishermen may call the Atlantic Tunas
Information Line at (888) 872–8862 or
(978) 281–9260, or access https://
www.hmspermits.gov, for updates.
sroberts on DSK69SOYB1PROD with RULES
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
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18:24 Apr 01, 2011
Jkt 223001
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. Based on available BFT quotas,
fishery performance in recent years, and
the availability of BFT on the fishing
grounds, the reduction in Angling
category daily retention limit and
closure of the southern area Angling
category trophy fishery is necessary to
ensure sufficient quota remains
available to ensure overall 2011 fishing
year landings are consistent with ICCAT
recommendations and the 2006
Consolidated HMS FMP. NMFS
provides notification of closures and
retention limit adjustments by
publishing the notice in the Federal
Register, e-mailing individuals who
have subscribed to the Atlantic HMS
News electronic newsletter, and
updating the information posted on the
Atlantic Tunas Information Line and on
https://www.hmspermits.gov.
These fisheries are currently
underway and delaying this action
PO 00000
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Fmt 4700
Sfmt 9990
would be contrary to the public interest
as it could result in excessive BFT
landings that may result in future
potential quota reductions for the
Angling category and potentially other
BFT quota categories, depending on the
magnitude of a potential Angling
category overharvest. NMFS must close
the southern area trophy BFT fishery
and preclude small medium BFT
landings in all areas before additional
landings of these size BFT accumulate.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For all of the above reasons,
there is good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effectiveness.
This action is being taken under 50
CFR 635.23(b)(3) and 635.28(a)(1), and
is exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: March 30, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–7932 Filed 3–30–11; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\04APR1.SGM
04APR1
]]>Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18416-18418]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7932]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 100317152-0176-01]
RIN 0648-XA327
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 Angling category retention limit
adjustment; southern area trophy fishery closure.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily
retention limit should be adjusted for the remainder of 2011, based on
consideration of the regulatory determination criteria regarding
inseason adjustments and based on North Carolina Tagging Program data.
These actions apply to vessels permitted in the Highly Migratory
Species (HMS) Angling category and Charter/Headboat category (when
fishing recreationally for BFT). NMFS also closes the southern area
Angling category fishery for large medium and giant (``trophy'') BFT.
These actions are being taken consistent with the BFT fishery
management objectives of the 2006 Consolidated HMS Fishery Management
Plan and to prevent overharvest of the 2011 Angling category quota.
DATES: Effective April 2, 2011, through December 31, 2011.
FOR FURTHER INFORMATION CONTACT: Brad McHale, 978-281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the 2006 Consolidated Highly Migratory
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006).
The 2011 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2011. The Angling category season opened January 1, 2011, and continues
through December 31, 2011. Currently, the default Angling category
daily retention limit of one school, large school, or small medium BFT
(measuring 27 to less than 73 inches (68.5 to less than 185 cm))
applies (Sec. 635.23(b)(2)). An annual limit of one large medium or
giant BFT (73 inches or greater) per vessel also applies (Sec.
635.23(b)(1)). These retention limits apply to HMS Angling and HMS
Charter/Headboat category permitted vessels (when fishing
recreationally for BFT).
In order to implement the 2010 ICCAT-recommended baseline annual
U.S. BFT quota, NMFS has published a proposed rule that would modify
the U.S. BFT quota and base subquotas for all domestic fishing
categories, and establish BFT quota specifications for 2011 (76 FR
13583, March 14, 2011). Until the final rule is effective (likely June
2011), the BFT base quotas codified at Sec. 635.27(a) remain in
effect. The currently codified Angling category quota is 187.6 mt (97.7
mt for school BFT, 85.6 mt for large school/small medium BFT, and 4.3
mt for large medium/giant BFT).
[[Page 18417]]
Adjustment of Angling Category Daily Retention Limit
Under Sec. 635.23(b)(3), NMFS may increase or decrease the
retention limit for any size class of BFT 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. Retention limits may be adjusted separately for
specific vessel type, such as private vessels, headboats, or
charterboats.
NMFS has considered the set of criteria cited above and their
applicability to the Angling category BFT retention limit for the 2011
Angling category fishery. NMFS examined the results of the 2007 through
2010 fishing seasons under the applicable daily retention limits, as
well as the observed trend in the recreational fishery toward heavier
fish, particularly in the small medium size range (59 to less than 73
inches). Data and dockside observations from 2007 through 2009
indicated a shift in catch to the large school/small medium size class
(47 to less than 73 inches (119 to less than 185 cm)), particularly to
large school BFT (47 to less than 59 inches (119 to less than 150 cm))
in 2008 and to small medium BFT in 2009. Large school and small medium
BFT traditionally have been managed as one size class (47 to less than
73 inches). NMFS has found that as this cohort of fish ages and grows
in weight but remains under 73 inches (i.e., the upper range of the
large school/small medium size class), the large school/small medium
subquota has been attained with fewer fish landed.
In 2010, based on considerations of the available quota, fishery
performance in recent years, and the availability of BFT on the fishing
grounds, NMFS adjusted the Angling category retention limit to prohibit
the retention of small medium BFT (75 FR 33531, June 14, 2010).
Recognizing the different nature, needs, and recent landings results of
private and charter/headboat vessels, NMFS implemented separate limits
for each. Effective June 12 through December 31, 2010, the limit was
one school or large school BFT per vessel per day/trip for private
vessels (i.e., those with HMS Angling category permits), and was one
school BFT and one large school BFT per vessel per day/trip for charter
vessels (i.e., those with HMS Charter/Headboat permits, while fishing
recreationally for BFT).
In order to constrain landings to the Consolidated HMS FMP-based
Angling category allocations, NMFS must implement conservative daily
retention limits in 2011. It is important that NMFS constrain landings
to BFT subquotas both to adhere to the current FMP quota allocations
and to ensure that landings are as consistent as possible with the
pattern of fishing mortality (e.g., fish caught at each age) that was
assumed in the projections of stock rebuilding.
Information from the North Carolina Tagging Program and from
fishery participants indicates that the vast majority of BFT landed
recreationally this year have been 59 inches or greater. Comparisons of
2011/2010 catch rates from the North Carolina Tagging program for the
month of January indicated rates were considerably slower in January
2011, however comparisons of January-February indicate catch rates have
increased dramatically and are on par, if not slightly higher, than
those in 2010. Based on considerations of the available quota, fishery
performance in recent years, and the availability of BFT on the fishing
grounds, it is reasonable to assume that the large school/small medium
subquota (and potentially the Angling category quota) would be exceeded
under the default daily retention limit. NMFS has determined that the
Angling category retention limit should be adjusted to prohibit the
retention of small medium BFT, and that implementation of separate
limits for private and charter/headboat vessels is appropriate,
recognizing the different nature, needs, and recent landings results of
the two sectors. For example, charter operators historically have
indicated that a multi-fish retention limit is vital to their ability
to attract customers. In addition, recent Large Pelagics Survey
estimates indicate that charter/headboat BFT landings constitute
approximately 25 percent of recent recreational landings, with the
remaining 75 percent landed by private vessels. Therefore, for private
vessels, i.e., those with HMS Angling category permits, the limit is
one school or large school BFT per vessel per day/trip (i.e., one BFT
measuring 27 to less than 59 inches). For charter vessels (i.e., those
with HMS Charter/Headboat permits), the limit is one school BFT and one
large school BFT per vessel per day/trip while fishing recreationally
for BFT (i.e., one BFT measuring 27 to less than 47 inches, and one BFT
measuring 47 to less than 59 inches). These retention limits will be
effective in all areas, except for the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT. Regardless of the duration of a
fishing trip, the daily retention limit applies upon landing. NMFS may
adjust the daily retention limit further with an inseason action if
warranted.
As discussed above, the determination to adjust the daily retention
limit is primarily based on the catches of large school/small medium
BFT in recent years and the likelihood of closure of that segment of
the fishery if no adjustment is made (Sec. 635.27(a)(8)(ii)), and the
anticipated availability of large school/small medium BFT on the
fishing grounds (Sec. 635.27(a)(8)(ix)). NMFS anticipates that
reduction of the BFT daily retention limit will result in landings
during 2011 that would not exceed the available subquotas as codified
in 2010.
Large Medium and Giant ``Trophy'' Category Fishery; Closure
The 2010 codified BFT quotas provide for 4.3 mt of large medium and
giant (trophy) BFT (measuring greater than 73 inches) to be harvested
from the regulatory area by vessels fishing under the Angling category
quota, with 1.4 mt for the area north of 39[deg]18' N. lat. (off Great
Egg Inlet, NJ) and 2.9 mt for the area south of 39[deg]18' N. lat.
Based on North Carolina Tagging Program information, NMFS has
determined that the codified southern area trophy BFT Angling category
subquota has been taken and that a closure of the southern area trophy
BFT fishery is warranted at this time. Therefore, fishing for,
retaining, possessing, or landing large medium or giant BFT south of
39[deg]18' N. lat. by persons aboard vessels permitted in the HMS
Angling category and the HMS Charter/Headboat category (while fishing
recreationally) must cease at 11:30 p.m. local time on April 2, 2011.
This action is taken consistent with the regulations at Sec.
635.28(a)(1).
[[Page 18418]]
These Angling category actions are intended to provide a reasonable
opportunity to harvest the U.S. quota of BFT without exceeding it,
while maintaining an equitable distribution of fishing opportunities;
and to be consistent with the objectives of the Consolidated HMS FMP.
HMS Angling and HMS Charter/Headboat category permit holders may
catch and release (or tag and release) BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs at
Sec. 635.26. Anglers are also reminded that all released BFT must be
returned to the sea immediately with a minimum of injury and without
removing the fish from the water, consistent with requirements at Sec.
635.21(a)(1).
If needed, subsequent Angling category adjustments will be
published in the Federal Register. In addition, fishermen may call the
Atlantic Tunas Information Line at (888) 872-8862 or (978) 281-9260, or
access https://www.hmspermits.gov, for updates.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the Consolidated HMS FMP provide for
inseason retention limit adjustments to respond to the unpredictable
nature of BFT availability on the fishing grounds, the migratory nature
of this species, and the regional variations in the BFT fishery. Based
on available BFT quotas, fishery performance in recent years, and the
availability of BFT on the fishing grounds, the reduction in Angling
category daily retention limit and closure of the southern area Angling
category trophy fishery is necessary to ensure sufficient quota remains
available to ensure overall 2011 fishing year landings are consistent
with ICCAT recommendations and the 2006 Consolidated HMS FMP. NMFS
provides notification of closures and retention limit adjustments by
publishing the notice in the Federal Register, e-mailing individuals
who have subscribed to the Atlantic HMS News electronic newsletter, and
updating the information posted on the Atlantic Tunas Information Line
and on https://www.hmspermits.gov.
These fisheries are currently underway and delaying this action
would be contrary to the public interest as it could result in
excessive BFT landings that may result in future potential quota
reductions for the Angling category and potentially other BFT quota
categories, depending on the magnitude of a potential Angling category
overharvest. NMFS must close the southern area trophy BFT fishery and
preclude small medium BFT landings in all areas before additional
landings of these size BFT accumulate. Therefore, the AA finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment. For all of the above reasons, there is
good cause under 5 U.S.C. 553(d) to waive the 30-day delay in
effectiveness.
This action is being taken under 50 CFR 635.23(b)(3) and
635.28(a)(1), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: March 30, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-7932 Filed 3-30-11; 4:15 pm]
BILLING CODE 3510-22-P
