57698 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 

a 3-month preview of the crash and 

OOS rates that will be effective for the 

issuance of HMSPs during the following 

2-year registration period. 

Carriers’ Calculation of Their OOS 

Rates and Crash Rate 

When a motor carrier submits an 

HMSP application through the MCS– 

150B process, FMCSA examines one 

year (12 months) of the carrier’s crash 

and OOS data. This policy is consistent 

with Agency’s practice of reviewing one 

year of motor carrier records during the 

conduct of a compliance review. The 

period examined is the 12 months 

immediately preceding the date that the 

application is received and processed. A 

motor carrier must, therefore, calculate 

its vehicle, driver, and HM OOS rates in 

each of the three categories by 

examining the number of inspections 

and OOS violations during the 

preceding 12-month period. To 

determine its OOS rate, the carrier 

would divide the number of OOS 

violations by the total number of 

inspections for each category. The 

resulting figure is the motor carrier’s 

OOS rate for the category. 

The FMCSA likewise examines one 

year of crash data to determine a 

carrier’s crash rate. A motor carrier will 

divide the number of crashes for the 

previous 12-month period by the total 

number of power units that it operated 

during that period. For example, if a 

motor carrier had 2 crashes and 10 

power units, the crash rate would be 

0.20 based upon a calculation of (2/10 

= 0.20). The FMCSA does not consider 

a single crash to be statistically valid. 

Thus, crash rates will be calculated only 

for carriers with more than one crash in 

the previous 12-month period. 

Upcoming Registration Cycles Under 

the HMSP Program 

TABLE 2—UPCOMING REGISTRATION CYCLES

Upcoming registration years (or cycles) OOS rates calculated and publicized for 

industry preview 

OOS rates implemented by FMCSA 

Office of Enforcement and Compliance 

CY 2011 & 2012 ........................................... FY 2010 (Oct. 1, 2009) .................................................. January 1, 2011 to December 31, 2012. 

CY 2013 & 2014 ........................................... FY 2012 (Oct. 1, 2011) .................................................. January 1, 2013 to December 31, 2014. 

CY 2015 & 2016 ........................................... FY 2014 (Oct. 1, 2013) .................................................. January 1, 2015 to December 31, 2016. 

The OOS rates based on a 2-fiscal year 

cycle will be effective for the 2-year 

registration cycle as the above table 

illustrates, beginning the following 

January, and will remain in effect for the 

entire 2 calendar years of the 

registration cycle. For example, the OOS 

rates calculated on October 1, 2010, will 

be published on the FMCSA Web site 

for preview, become effective for 

purposes of HMSP review on January 1, 

2011, and will remain in effect through 

December 31, 2012. The OOS rates will 

then be re-calculated and published on 

October 1, 2012, for the following 

registration cycle, and enforced starting 

January 1, 2013. 

Issued on: August 31, 2010. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2010–23440 Filed 9–21–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 32 

Hunting and Fishing 

CFR Correction 

In Title 50 of the Code of Federal 

Regulations, Parts 18 to 199, revised as 

of October 1, 2009, on page 385, in 

§ 32.43, the entry for ‘‘Coldwater 

National Wildlife Refuge’’ is moved to 

precede the entry for ‘‘Dahomey 

National Wildlife Refuge’’ on page 383. 

[FR Doc. 2010–23769 Filed 9–21–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 32 

Hunting and Fishing 

CFR Correction 

In Title 50 of the Code of Federal 

Regulations, Parts 18 to 199, revised as 

of October 1, 2009, on page 406, in 

§ 32.45, the second entry for ‘‘Northwest 

Montana Wetland Management District’’ 

is removed. 

[FR Doc. 2010–23771 Filed 9–21–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 32 

Hunting and Fishing 

CFR Correction 

In Title 50 of the Code of Federal 

Regulations, Parts 18 to 199, revised as 

of October 1, 2009, on page 326, in 

§ 32.35, in the entry for ‘‘Marais des 

Cygnes National Wildlife Refuge’’ , the 

heading and introductory text for 

paragraph A. is reinstated to read as 

follows: 

§ 32.35 Kansas. 

* * * * * 

Marais des Cygnes National Wildlife Refuge 

A. Migratory Game Bird Hunting. We allow 

hunting of goose, duck, coot, rail, snipe, 

woodcock, and mourning dove on designated 

areas of the refuge in accordance with State 

regulations subject to the following 

conditions: 

* * * * * 

[FR Doc. 2010–23774 Filed 9–21–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 600 and 635 

[Docket No. 100729315–0331–01] 

RIN 0648–BA12 

Atlantic Highly Migratory Species; 

Atlantic Billfish Management, White 

Marlin (Kajikia albidus), Roundscale 

Spearfish (Tetrapturus georgii) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interpretive rule and Final 

Action. 

SUMMARY: This document combines two 

actions, an interpretive rule and a final 

action that both affect management of 

Atlantic billfishes. The interpretive rule 

adds the recently recognized species, 

roundscale spearfish (Tetrapturus 

georgii), to the definition of terms in the 

implementing regulations of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) and the Atlantic HMS 

regulations. The final action will 

recognize the change of the genus of 


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white marlin from Tetrapturus to 

Kajikia in the implementing regulations 

of the MSA and the Atlantic HMS 

regulations to reflect a recent taxonomic 

change. The intent of this interpretive 

rule and final action is to accurately and 

appropriately reflect the latest species 

determinations and taxonomic 

classification nomenclature, 

respectively. They will have no 

practical effect on management of 

Atlantic billfish. 

DATES: This rule is effective on January 

1, 2011. 

ADDRESSES: Copies of this action and 

related documents can be obtained by 

writing to the Highly Migratory Species 

Management Division, 1315 East-West 

Highway, Silver Spring, MD 20910, 

visiting the HMS website at http:// 

www.nmfs.noaa.gov/sfa/hms/, or by 

contacting Rick Pearson, Randy 

Blankinship, or Greg Fairclough. 

FOR FURTHER INFORMATION CONTACT: Rick 

Pearson, Randy Blankinship, or Greg 

Fairclough by phone at 727–824–5399, 

or by fax at 727–824–5398. 

SUPPLEMENTARY INFORMATION: 

Background 

Atlantic HMS are managed under the 

dual authority of the MSA and the 

Atlantic Tunas Conservation Act 

(ATCA). Under the MSA, NMFS must 

manage fisheries to maintain optimum 

yield, rebuild overfished fisheries, and 

prevent overfishing. Under ATCA, 

NMFS is authorized to promulgate 

regulations, as may be necessary and 

appropriate, to implement 

recommendations by the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT). 

Currently, Atlantic billfish managed 

by NMFS include Atlantic blue marlin 

(Makaira nigricans), white marlin 

(Tetrapturus albidus), sailfish 

(Istiophorus platypterus), and longbill 

spearfish (Tetrapturus pfluegeri). 

Atlantic billfish management strategies 

have been guided by international and 

domestic considerations and 

mechanisms since the 1970s. 

Domestic management of Atlantic 

billfish resources has been developed, 

modified, and implemented in three 

primary stages through a series of 

rulemakings. In January 1978, under the 

authority delegated to it by the Secretary 

of Commerce, NMFS developed and 

published the Preliminary Fishery 

Management Plan (PMP) for Atlantic 

Billfish and Sharks (43 FR 3818), which 

was supported by an Environmental 

Impact Statement (42 FR 57716). The 

management measures contained in the 

plan were designed to minimize conflict 

between domestic and foreign users of 

billfish and shark resources, encourage 

development of an international 

management regime, and maintain 

availability of billfishes and sharks to 

the expanding U.S. fisheries. 

Building upon the 1978 PMP for 

Atlantic Billfish and Sharks was the 

1988 Fishery Management Plan (FMP) 

for the Atlantic Billfishes (53 FR 21501). 

This plan was jointly developed by five 

Atlantic Regional Fishery Management 

Councils (Caribbean, Gulf, South 

Atlantic, Mid-Atlantic, and New 

England) and implemented in October 

1988 (53 FR 37765). The 1988 FMP 

defined the Atlantic billfish 

management unit to include sailfish 

from the western Atlantic Ocean, white 

marlin and blue marlin from the North 

Atlantic Ocean, and longbill spearfish 

from the entire Atlantic Ocean; 

described objectives for the Atlantic 

billfish fishery; and established 

management measures to achieve those 

objectives, including establishing a ban 

on retention of billfish on commercial 

fishing vessels. 

In 1990, the MSA was amended, 

giving the Secretary of Commerce 

authority to manage: Atlantic tunas, 

listed by species; oceanic sharks; and, 

Atlantic swordfish, marlin, and sailfish, 

listed by genus. The Secretarial 

authority was delegated to NMFS, and 

NMFS created the HMS Management 

Division in 1992. NMFS understood 

Congressional intent to be maintenance 

of the management unit over all Atlantic 

billfishes. 

Reauthorization of the MSA in 1996 

initiated fundamental changes in U.S. 

fishery management policy by shifting 

emphasis to precautionary management 

strategies. In September 1997, NMFS 

identified fishery resources that were 

considered to be overfished, including 

Atlantic blue and white marlin. This 

action triggered a suite of management 

requirements, including the 

development of rebuilding plans for 

overfished stocks, and reductions in 

bycatch and bycatch mortality. Further, 

in 1998, western Atlantic sailfish was 

added to the list of overfished species. 

In the international arena, ICCAT made 

its first-ever binding recommendation 

for Atlantic blue and white marlin in 

1997 (Recommendation 97–09). 

Recommendation 97–09 required 

landing reductions of at least 25 percent 

from 1996 levels by the end of 1999. 

Improvements in data and monitoring 

were also included in this 

recommendation. 

On March 24, 1998, NMFS published 

an interim rule (63 FR 14030) that 

increased the minimum size limits for 

Atlantic blue marlin and Atlantic white 

marlin to 96 inches lower jaw-fork 

length (LJFL) and 66 inches LJFL, 

respectively, and required tournament 

operators to notify NMFS of 

tournaments involving any Atlantic 

billfish at least four weeks prior to 

commencement of tournament fishing. 

NMFS utilized the increases in size 

limits to immediately reduce 

overfishing, and to implement the 1997 

ICCAT recommendation, as required by 

ATCA. NMFS published an extension 

and amendment of the interim rule on 

September 29, 1998 (63 FR 51859). 

In response to MSA requirements, and 

concurrent with efforts on the interim 

rule discussed above, NMFS prepared 

Amendment One to the Atlantic Billfish 

FMP and published final regulations on 

May 28, 1999 (64 FR 29090). 

Amendment One maintained the 

objectives of the original 1988 Billfish 

FMP and identified additional 

objectives. Amendment One also 

redefined the management unit for 

Atlantic blue marlin and Atlantic white 

marlin as the waters of the entire 

Atlantic Ocean and maintained the 

management unit definitions of longbill 

spearfish and sailfish from the 1988 

FMP. 

In November 2000, ICCAT adopted an 

additional recommendation regarding 

Atlantic billfish (Recommendation 00– 

13), including an international twophased rebuilding plan for Atlantic blue 

and white marlin. Phase I of the plan 

required that countries (other than the 

United States) capturing marlins in 

commercial fisheries reduce white 

marlin landings from pelagic longline 

and purse seine fisheries by 67 percent 

and blue marlin landings by 50 percent 

from 1999 levels. ICCAT adopted the 

marlin rebuilding strategy based on 

stock assessments which indicated that 

marlin stocks continued to be severely 

overfished. Recommendation 00–13 also 

recommended that the United States 

restrict annual landings by U.S. 

recreational fishermen to 250 Atlantic 

blue and white marlin, combined, for 

2001 and 2002 (Phase I). This 

Recommendation was subsequently 

extended through 2006. 

In 2002, Phase I of the ICCAT Atlantic 

marlin rebuilding plan was extended 

through the year 2005 by adoption of 

ICCAT Recommendation 02–13. ICCAT 

amended the rebuilding program by 

specifying that, through 2005, the 

annual amount of blue marlin that can 

be harvested and retained by pelagic 

longline and purse seine vessels must be 

no more than 50 percent of the 1996 or 

1999 landing levels, whichever is 

greater. For white marlin, the annual 

amount allowed to be harvested and 

retained by pelagic longline and purse 

seine vessels must be no more than 33 


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57700 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 

percent of the 1996 or 1999 landing 

levels, whichever is greater. The United 

States had already prohibited 

commercial retention of billfish since 

the implementation of the 1988 Atlantic 

Billfish FMP, so it was already 

compliant with this recommendation. 

For ICCAT members other than the 

United States, the plan required the 

release of all live marlins taken as 

bycatch in commercial fisheries, but 

provided an allowance for the landing 

of fish unavoidably killed, provided that 

they were not sold. For its part of the 

rebuilding program, the United States 

agreed to continue limiting recreational 

landings of Atlantic blue and white 

marlin to 250 fish, annually, maintain 

its regulations prohibiting the retention 

of marlins by U.S. pelagic longline 

vessels, and continue monitoring 

billfish tournaments. 

On December 18, 2002 (67 FR 77434), 

NMFS published a final rule requiring 

all vessel owners fishing for Atlantic 

HMS to obtain an Atlantic HMS 

recreational Angling category permit. 

On January 7, 2003 (68 FR 711), NMFS 

published a final rule establishing a 

mandatory reporting system for all nontournament recreational landings of 

Atlantic marlins, sailfish, and 

swordfish, effective in March 2003. 

These requirements, in combination 

with mandatory tournament reporting 

and the NC and MD catch card 

programs, are improving the ability of 

the United States to accurately monitor 

all recreational landings of Atlantic 

marlins, sailfish, and swordfish; 

however, non-compliance by 

recreational anglers remains a 

significant issue. NMFS is continuing to 

review various methodologies to 

identify the most appropriate approach 

for estimating recreational marlin 

landings. 

On October 2, 2006, NMFS published 

the Final Consolidated HMS FMP (71 

FR 58058), which, among other things, 

included the annual recreational 250 

blue and white marlin landings limit, 

established framework procedures to 

adjust inseason marlin size limits, and 

carried forward the ability to use 

framework procedures to establish or 

modify certain management measures 

including, but not limited to, species in 

the management unit and the 

specification of the species groups to 

which they belong. 

The MSA defines HMS as ‘‘tuna 

species, marlin (Tetrapturus spp. and 

Makaira spp.), oceanic sharks, sailfishes 

(Istiophorus spp.), and swordfish 

(Xiphias gladius).’’ Prior to the addition 

of the HMS definition in the MSA, 

when the Regional Fishery Management 

Councils managed Atlantic HMS, the 

1988 Atlantic Billfish FMP described 

the management unit for billfishes as 

‘‘blue marlin, white marlin, sailfish, and 

longbill spearfish.’’ When the Secretary 

of Commerce was given management 

authority in the 1990 MSA Amendment, 

NMFS maintained the billfish 

management unit to include these four 

species, consistent with its 

understanding of Congress’ intent. 

These four species are currently 

managed under the 2006 Consolidated 

HMS FMP. The procedures established 

by the 2006 Consolidated HMS FMP 

and Atlantic HMS regulations allow 

NMFS to modify the species in the 

management unit, and the specification 

of the species groups to which they 

belong, using a framework adjustment 

implemented by regulation, where 

appropriate. 

Roundscale Spearfish—Interpretive 

Rule 

As a result of scientific research, a 

‘‘new’’ billfish species called roundscale 

spearfish was identified in 2006. This 

species was previously thought to be the 

same as white marlin because they are 

nearly indistinguishable by size, shape 

and color. DNA testing and other 

identifying factors confirmed the 

taxonomic distinction between 

roundscale spearfish and white marlin. 

This newly recognized species, 

roundscale spearfish, is not currently 

listed in the implementing regulations 

of the MSA or the Atlantic HMS 

regulations; therefore, technically, it is 

not included in the Atlantic HMS 

management unit. Roundscale spearfish 

have effectively been managed as white 

marlin (with the same size limit and 

authorized gear as white marlin) due to 

difficulties in identifying and 

distinguishing them from white marlin 

and because roundscale spearfish 

weren’t known to exist prior to 2006. 

In light of the research findings, 

NMFS publishes an interpretive rule to 

recognize roundscale spearfish as part of 

the definition of ‘‘HMS’’ in the MSA. To 

ensure clarity in the regulations, this 

action will add the recently recognized 

species, roundscale spearfish 

(Tetrapturus georgii), to the definitions 

in the implementing regulations of the 

MSA, the Atlantic HMS regulations, and 

the Atlantic HMS management unit. 

Roundscale spearfish will continue to 

be managed the same as white marlin, 

including provisions for in-season size 

limit modification and catch and release 

only due to the difficulty of identifying 

the species and separating it from white 

marlin. Roundscale spearfish will be 

included in the current 250 recreational 

marlin landings limit. As new 

information becomes available, different 

management measures may be 

considered in the future, if appropriate. 

White Marlin—Final Action 

As a result of DNA testing and other 

identifying factors, the genus of Atlantic 

white marlin was changed in 2008 from 

Tetrapturus to Kajikia and was adopted 

by the Integrated Taxonomic 

Information System, of which NOAA is 

a partner, and by the American 

Fisheries Society. Because the genus 

Kajikia was adopted after the enactment 

the MSA and its subsequent 

reauthorization, it is not identified in 

that Act as a genus in the definition of 

‘‘highly migratory species.’’ 

Nevertheless, at the time that Congress 

defined HMS in the MSA in 1990 and 

again in 2007, as described above, the 

intent was to include white marlin 

within the HMS definition and to 

continue to manage that species via 

Secretarial management. 

This action will amend the MSA 

implementing regulations and the 

Atlantic HMS regulations to reflect the 

recent taxonomic change. 

Effects of this Interpretive Rule and 

Final Action 

The modifications to the Atlantic 

billfish regulations to implement these 

changes are administrative in nature 

only, and will not alter any current 

fishery management measures, fishing 

practices, requirements, or other 

restrictions because roundscale 

spearfish are already effectively 

managed as white marlin. This 

interpretive rule and final action are 

necessary to maintain the management 

unit as intended under the MSA, ATCA, 

and international management 

agreements as currently implemented. 

NMFS will designate essential fish 

habitat (EFH) for roundscale spearfish to 

be the same as the existing EFH 

designated for white marlin. Some 

information used to designate white 

marlin EFH included both roundscale 

spearfish and white marlin as a result of 

the difficulty in distinguishing them 

and a lack of awareness of the need to 

do so. As additional information about 

these species becomes available, the 

EFH for roundscale spearfish and white 

marlin may be updated accordingly. 

NMFS has determined that these 

changes are consistent with 

Congressional intent, as described 

above, as well as with recent scientific 

findings and scientifically accepted 

nomenclature changes. These changes 

are consistent with input and advice 

from billfish experts in the scientific 

community and will allow NMFS to 

more accurately and appropriately 

manage Atlantic billfish species using 


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the latest scientific nomenclature and 

species determinations. 

Classification 

The Assistant Administrator for 

Fisheries has determined that this 

interpretive rule and final action is 

consistent with the Consolidated HMS 

FMP, the Magnuson-Stevens Act, 

ATCA, and other applicable law. 

This action is administrative in nature 

and is exempt from the requirement to 

prepare an environmental assessment in 

accordance with NAO 216–6 because 

this final action will have no effect on 

the environment. 

This final action has been determined 

to be not significant for purposes of 

Executive Order 12866. 

The Assistant Administrator waives 

the notice and comment requirements of 

the Administrative Procedure Act under 

5 U.S.C. 553 (b)(A) because the 

recognition of roundscale spearfish as a 

new species of billfish is an 

interpretation of the definition of ‘‘HMS’’ 

in the MSA. The modifications to the 

Atlantic billfish regulations to add 

roundscale spearfish to the definitions 

are administrative in nature only, and 

will not alter any current fishery 

management measures, fishing 

practices, requirements, or other 

restrictions because roundscale 

spearfish are already effectively 

managed as white marlin. 

The Assistant Administrator finds 

good cause under 5 U.S.C. 553 (b)(B) to 

waive the notice and comment 

requirements of the Administrative 

Procedure Act because it is unnecessary. 

The change to the genus of white marlin 

from Tetrapturus to Kajikia is a change 

to nomenclature that will have no 

impact on fishermen. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S. C. 601 

et seq., are inapplicable. 

List of Subjects 

50 CFR Part 600 

Administrative practice and 

procedure, Confidential business 

information, Fisheries, Fishing, Fishing 

vessels, Foreign relations, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Statistics. 

50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties. 

Dated: September 16, 2010 

Eric C. Schwaab, 

Assistant Administrator For Fisheries, 

National Marine Fisheries Services. 

■ For the reasons set out in the 

preamble, 50 CFR parts 600 and 635 are 

amended as follows: 

Chapter VI 

PART 600—MAGNUSON-STEVENS 

ACT PROVISIONS 

1. The authority citation for part 600 

continues to read as follows: 

Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 

et seq. 

■ 2. In § 600.10, the definitions of 

‘‘Billfish’’ and ‘‘White marlin’’ are 

revised, and the definition of 

‘‘Roundscale spearfish’’ is added in 

alphabetical order. The revisions and 

addition read as follows: 

§ 600.10 Definitions. 

* * * * * 

Billfish means Atlantic billfish (blue 

marlin, white marlin, sailfish, longbill 

spearfish, or roundscale spearfish). 

* * * * * 

Roundscale spearfish means the 

species Tetrapturus georgii, or a part 

thereof. 

* * * * * 

White Marlin means the species 

Kajikia albidus, or a part thereof. 

* * * * * 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

3. The authority citation for part 635 

continues to read as follows: 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

■ 4. In § 635.2, the definition for ‘‘Highly 

migratory species (HMS)’’ and paragraph 

(1) of the definition for ‘‘Management 

unit’’ are revised to read as follows: 

§ 635.2 Definitions. 

* * * * * 

Highly migratory species (HMS) 

means bluefin, bigeye, yellowfin, 

albacore, and skipjack tunas; swordfish; 

sharks (listed in appendix A to this 

part); white marlin; blue marlin; 

sailfish; longbill spearfish; and 

roundscale spearfish. 

* * * * * 

Management unit means in this part: 

(1) For Atlantic tunas, longbill 

spearfish, roundscale spearfish, blue 

marlin, and white marlin, means all fish 

of these species in the Atlantic Ocean; 

* * * * * 

■ 5. In § 635.5, the first sentence of 

paragraph (c)(2) is revised to read as 

follows: 

§ 635.5 Recordkeeping and reporting. 

* * * * * 

(c) * * * 

(2) The owner, or the owner(’s) 

designee, of a vessel permitted, or 

required to be permitted, in the Atlantic 

HMS Angling or Atlantic HMS Charter/ 

Headboat category must report all nontournament landings of Atlantic blue 

marlin, Atlantic white marlin, 

roundscale spearfish, and Atlantic 

sailfish, and all non-tournament and 

non-commercial landings of North 

Atlantic swordfish to NMFS by 

telephone to a number designated by 

NMFS, or electronically via the internet 

to an internet website designated by 

NMFS, or by other means as specified 

by NMFS, within 24 hours of that 

landing. * * * 

■ 6. In § 635.20, redesignate paragraph 

(d)(4) as paragraph (d)(5); add a new 

paragraph (d)(4) and revise newly 

redesignated paragraph (d)(5) to read as 

follows: 

§ 635.20 Size Limits. 

* * * * * 

(d) * * * 

(4) No person shall take, retain or 

possess a roundscale spearfish taken 

from its management unit that is less 

than 66 inches (168 cm), LJFL. 

(5) The Atlantic blue marlin, white 

marlin, and roundscale spearfish 

minimum size limits, specified in 

paragraphs (d)(1) and (d)(2) of this 

section, may be adjusted to sizes 

between 117 and 138 inches (297.2 and 

350.5 cm) for blue marlin and 70 and 79 

inches (177.8 and 200.7 cm) for white 

marlin and roundscale spearfish, to 

achieve, but not exceed, the annual 

Atlantic marlin landing limit specified 

in § 635.27(d). Minimum size limit 

increases will be based upon a review 

of landings, the period of time 

remaining in the current fishing year, 

current and historical landing trends, 

and any other relevant factors. NMFS 

will adjust the minimum size limits 

specified in this section by filing an 

adjustment with the Office of the 

Federal Register for publication. In no 

case shall the adjustments be effective 

less than 14 calendar days after the date 

of publication. The adjusted minimum 

size limits will remain in effect through 

the end of the applicable fishing year or 

until otherwise adjusted. 

* * * * * 

■ 7. In § 635.21, paragraph (e)(2)(i) is 

revised to read as follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(e) * * * 


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(2) * * * 

(i) Only persons who have been 

issued a valid HMS Angling or valid 

Charter/Headboat permit, or who have 

been issued a valid Atlantic Tunas 

General category permit and are 

participating in a tournament as 

provided in 635.4 (c) of this part, may 

possess a blue marlin, white marlin, or 

roundscale spearfish in, or take a blue 

marlin, white marlin, or roundscale 

spearfish from, its management unit. 

Blue marlin, white marlin, or 

roundscale spearfish may only be 

harvested by rod and reel. 

* * * * * 

■ 8. In § 635.27, paragraph (d) is revised 

to read as follows: 

§ 635.27 Quotas. 

* * * * * 

(d) Atlantic blue and white marlin. (1) 

Effective January 1, 2007, and consistent 

with ICCAT recommendations and 

domestic management objectives, NMFS 

will establish the annual landings limit 

of Atlantic blue and white marlin to be 

taken, retained, or possessed by persons 

and vessels subject to U.S. jurisdiction. 

For the year 2007 and thereafter, unless 

adjusted under paragraph (d)(2) of this 

section or by ICCAT recommendation, 

this annual landings limit is 250 

Atlantic blue and white marlin, 

combined. Effective January 1, 2011, 

annual landings of roundscale spearfish 

are also included to the blue and white 

marlin annual landings limit. Should 

the U.S. recreational Atlantic marlin 

landing limit be adjusted by an ICCAT 

recommendation, NMFS will file a 

notice identifying the new landing limit 

with the Office of the Federal Register 

for publication prior to the start of the 

next fishing year or as early as possible. 

(2) Consistent with ICCAT 

recommendations and domestic 

management objectives, and based on 

landings statistics and other information 

as appropriate, if NMFS determines that 

aggregate landings of Atlantic blue 

marlin, white marlin, and roundscale 

spearfish exceeded the annual landings 

limit for a given fishing year, as 

established in paragraph (d)(1) of this 

section, NMFS will subtract any 

overharvest from the landings limit for 

the following fishing year. Additionally, 

if NMFS determines that aggregate 

landings of Atlantic blue marlin, white 

marlin, and roundscale spearfish were 

below the annual landings limit for a 

given fishing year, as established in 

paragraph (d)(1) of this section, NMFS 

may add any underharvest, or portion 

thereof, to the landings limit for the 

following fishing year. Such 

adjustments to the annual recreational 

marlin landings limit, as specified in 

paragraph (d)(1) of this section, if 

necessary, will be filed with the Office 

of the Federal Register for publication 

prior to the start of the next fishing year 

or as early as possible. 

(3) When the annual marlin landings 

limit specified in paragraph (d)(1) or, if 

adjusted, as specified in paragraph 

(d)(2) of this section is reached or 

projected to be reached, based upon a 

review of landings, the period of time 

remaining in the current fishing year, 

current and historical landings trends, 

and any other relevant factors, NMFS 

will file for publication with the Office 

of the Federal Register and action 

restricting fishing for Atlantic blue 

marlin, white marlin, and roundscale 

spearfish to catch-and-release fishing 

only. In no case shall such adjustment 

be effective less than 14 calendar days 

after the date of publication. From the 

effective date and time of such action 

until additional landings become 

available, no blue marlin, white marlin, 

or roundscale spearfish from the 

management unit may be taken, 

retained, or possessed. 

* * * * * 

■ 9. In § 635.29, paragraph (a) is revised 

to read as follows: 

§ 635.29 Transfer at sea. 

(a) Persons may not transfer an 

Atlantic tuna, blue marlin, white 

marlin, roundscale spearfish, or 

swordfish at sea in the Atlantic Ocean, 

regardless of where the fish was 

harvested. However, an owner or 

operator of a vessel for which a Purse 

Seine category Atlantic Tunas category 

permit has been issued under § 635.4 

may transfer large medium and giant 

BFT at sea from the net of the catching 

vessel to another vessel for which a 

Purse Seine category Atlantic Tunas 

permit has been issued, provided the 

amount transferred does not cause the 

receiving vessel to exceed its currently 

authorized vessel allocation, including 

incidental catch limits. 

* * * * * 

■ 10. In § 635.30, paragraph (b) is 

revised to read as follows: 

§ 635.30 Possession at sea and landing. 

* * * * * 

(b) Billfish. Any person that possesses 

a blue marlin, white marlin, or 

roundscale spearfish taken from its 

management unit or a sailfish taken 

shoreward of the outer boundary of the 

EEZ or lands a blue marlin, white 

marlin, or roundscale spearfish in an 

Atlantic coastal port must maintain 

such billfish with its head, fins, and bill 

intact through offloading. Persons may 

eviscerate such billfish, but it must 

otherwise be maintained whole. 

* * * * * 

■ 11. In § 635.34, paragraph (a) is 

revised to read as follows: 

§ 635.34 Adjustment of management 

measures. 

(a) NMFS may adjust the catch limits 

for BFT, as specified in § 635.23; the 

quotas for BFT, shark and swordfish, as 

specified in § 635.27; the marlin landing 

limit, as specified in § 635.27(d); and 

the minimum sizes for Atlantic blue 

marlin, white marlin, and roundscale 

spearfish as specified in § 635.20. 

* * * * * 

■ 12. In § 635.71, paragraphs (c)(5) and 

(c)(8) are revised to read as follows: 

§ 635.71 Prohibitions. 

* * * * * 

(c) * * * 

(5) Retain onboard a vessel a longbill 

spearfish, or a blue marlin, white 

marlin, roundscale spearfish, or sailfish 

that is less than the minimum size 

specified in § 635.20(d). 

* * * * * 

(8) Take, retain, or possess an Atlantic 

blue marlin, white marlin, and 

roundscale spearfish when the fishery 

for these species has been restricted to 

catch and release fishing only, as 

specified in § 635.27(d). 

* * * * * 

[FR Doc. 2010–23689 Filed 9–21–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 010131362–0087–02] 

RIN 0648–XZ13 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is reopening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA). This 

action is necessary to fully use the C 

season allowance of the 2010 total 

allowable catch of pollock specified for 

Statistical Area 630 of the GOA. 


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