18416 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

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 

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 

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 (§ 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). 


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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18417 

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 

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 

(§ 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). 


sroberts on DSK69SOYB1PROD with RULES
18418 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 http:// 

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 

http://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 


sroberts on DSK69SOYB1PROD with RULES