57702 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 

(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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Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 57703 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 18, 2010, 

through 1200 hrs, A.l.t., September 19, 

2010. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 4, 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–XZ13, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website 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 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

NMFS closed the directed fishery for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on August 

27, 2010 (75 FR 52891, August 30, 

2010). 

NMFS has determined that 

approximately 4,580 mt of pollock 

remain in the directed fishing allowance 

in Statistical Area 630 of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2010 allowable 

catch of pollock in Statistical Area 630, 

NMFS is terminating the previous 

closure and is reopening directed 

fishing for pollock in Statistical Area 

630 of the GOA. This will enhance the 

socioeconomic well-being of harvesters 

dependent upon pollock in this area. 

The Administrator, Alaska Region 

(Regional Administrator) considered the 

following factors in reaching this 

decision: (1) the current catch of pollock 

by the GOA trawl sector and, (2) the 

harvest capacity and stated intent on 

future harvesting patterns of vessels in 

participating in this fishery. 

In accordance with § 679.20(d)(1)(iii), 

the Regional Administrator finds that 

this directed fishing allowance will be 

reached after 24 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 630 of the 

GOA, effective 1200 hrs, A.l.t., 

September 19, 2010. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) and 679.25(c)(1)(ii) as 

such requirement is impracticable and 

contrary to the public interest. This 

requirement is impracticable and 

contrary to the public interest as it 

would prevent NMFS from responding 

to the most recent fisheries data in a 

timely fashion and would delay the 

opening of pollock in Statistical Area 

630 of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 16, 2010. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

pollock in Statistical Area 630 of the 

GOA to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

October 4, 2010 

This action is required by§ 679.20 and 

§ 679.25 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 17, 2010. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–23686 Filed 9–17–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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