Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 67251 

Fishery Authorized gear types 

* * * * * * * 

V. Caribbean Fishery Management Council.

* * * * * * * 

2. Caribbean Reef Fish Fishery (FMP).

* * * * * * * 

D. Other commercial fishery .............................................................................................................................. D. Spear. 

* * * * * * * 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 3. The authority citation for part 622 

continues to read as follows: 

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

■ 4. In § 622.33, paragraph (a) 

introductory text is revised, paragraph 

(a)(2)(ii)(A) is removed and reserved, 

and paragraph (a)(8) is added to read as 

follows: 

§ 622.33 Caribbean EEZ seasonal and/or 

area closures. 

(a) Seasonal closures. In addition to 

the other restrictions specified in this 

paragraph (a), fishing with pots, traps, 

bottom longlines, gillnets or trammel 

nets is prohibited year-round in the 

closed areas specified in paragraphs 

(a)(1), (2), (3), and (8) of this section. 

* * * * * 

(8) Bajo de Sico closed area. (i) The 

Bajo de Sico closed area is bounded by 

rhumb lines connecting, in order the 

following points: 

Point A North lat. West long. 

A ........................... 18°15.7′ 67°26.4′ 

B ........................... 18°15.7′ 67°23.2′ 

C ........................... 18°12.7′ 67°23.2′ 

D ........................... 18°12.7′ 67°26.4′ 

A ........................... 18°15.7′ 67°26.4′ 

(ii) From October 1 through March 31, 

each year, no person may fish for or 

possess any Caribbean reef fish, as listed 

in Table 2 of Appendix A to part 622, 

in or from those parts of the Bajo de 

Sico closed area that are in the EEZ. The 

prohibition on possession does not 

apply to such Caribbean reef fish 

harvested and landed ashore prior to the 

closure. 

(iii) Anchoring, by fishing vessels, is 

prohibited year-round in those parts of 

the Bajo de Sico closed area that are in 

the EEZ. 

* * * * * 

[FR Doc. 2010–27661 Filed 11–1–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XZ95 

Atlantic Highly Migratory Species; 

Inseason Action To Close the 

Commercial Blacknose Shark and NonBlacknose Small Coastal Shark 

Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of fishery closure. 

SUMMARY: NMFS is closing the 

commercial blacknose shark and nonblacknose small coastal shark (SCS) 

fisheries. This action is necessary 

because landings for the 2010 blacknose 

shark fishing season are projected to 

have reached at least 80 percent of the 

available quota. 

DATES: The commercial fisheries for 

blacknose shark and non-blacknose SCS 

are closed effective 11:30 p.m. local 

time November 2, 2010 until, and if, 

NMFS announces, via a notice in the 

Federal Register that additional quota is 

available and the season is reopened. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster-Geisz or Peter Cooper, 

301–713–2347; (fax) 301–713–1917. 

SUPPLEMENTARY INFORMATION: The 

Atlantic shark fisheries are managed 

under the 2006 Consolidated Atlantic 

Highly Migratory Species (HMS) Fishery 

Management Plan (FMP), its 

amendments, and its implementing 

regulations found at 50 CFR part 635 

issued under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.). 

Under § 635.5(b)(1), shark dealers are 

required to report to NMFS all sharks 

landed every two weeks. Dealer reports 

for fish received between the 1st and 

15th of any month must be received by 

NMFS by the 25th of that month. Dealer 

reports for fish received between the 

16th and the end of any month must be 

received by NMFS by the 10th of the 

following month. Under § 635.28(b)(3), 

when NMFS projects that fishing season 

landings for either blacknose shark or 

non-blacknose SCS quota have reached 

or are projected to reach 80 percent of 

the available quota within a given 

fishing season, NMFS will file for 

publication with the Office of the 

Federal Register a notice of closure for 

the entire SCS fishery, including both 

the blacknose and non-blacknose SCS 

fisheries, that will be effective no fewer 

than 5 days from the date of filing. From 

the effective date and time of the closure 

until NMFS announces, via a notice in 

the Federal Register, that additional 

quota is available and the season is 

reopened, the fishery for that species 

group is closed, even across fishing 

years. 

On June 1, 2010 (75 FR 30484), NMFS 

announced the final rule for 

Amendment 3 to the Consolidated 

Atlantic Highly Migratory Species 

(HMS) Fishery Management Plan (FMP), 

which, among other things, established 

quotas and opening dates for the 2010 

blacknose shark and non-blacknose SCS 

fisheries. Both the blacknose shark and 

non-blacknose SCS fisheries opened on 

June 1, 2010, with base quotas of 19.9 

metric tons (mt) dressed weight (dw) 

(43,872 lb dw) and 221.6 mt dw 

(488,539 lb dw), respectively. Dealer 

reports recently received through the 

September 30, 2010, reporting period 

indicate that 13.4 mt dw or 68 percent 

of the available blacknose shark fishery 

quota has been landed, and that 89.1 mt 

dw or 40 percent of the available nonblacknose SCS fishery quota has been 

landed. Dealer reports received to date 

indicate that 20 percent of the blacknose 

shark quota was landed from the 

opening of the fishery on June 1, 2010, 

through June 30, 2010; 14.4 percent of 

the quota was landed in July; 13.6 

percent of the quota was landed in 

August; and 20 percent of the quota was 

landed in September. NMFS looked at 


hsrobinson on DSK69SOYB1PROD with RULES
67252 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 

two landings projection scenarios—one 

that used the average landings rate of 

blacknose sharks per day from the entire 

2010 fishing period (June 1 to 

September 30), and another that used 

the average blacknose shark landings 

rate from the last reporting period 

(September 15 to September 30)—to 

estimate blacknose shark landings by 

October 31, 2010. The projections 

estimate that approximately 17 and 36.9 

percent of the blacknose shark quota 

will be landed in October, respectively, 

and that blacknose shark landings could 

total approximately 85 and 104.9 

percent of the blacknose shark quota by 

October 31, 2010, respectively. 

Dealer reports received to date 

indicate that 9.5 percent of the nonblacknose SCS fishery quota was landed 

from the opening of the fishery on June 

1, 2010, through June 30, 2010; 8.5 

percent of the quota was landed in July; 

9.4 percent of the quota was landed in 

August; and 12.6 percent of the quota 

was landed in September. NMFS looked 

at two landing projection scenarios— 

one that used the average landings rate 

of non-blacknose SCS per day from the 

entire 2010 fishing period (June 1 to 

September 30), and another that used 

the average non-blacknose SCS landings 

rate from the last reporting period 

(September 15 to September 30)—to 

estimate non-blacknose SCS landings by 

October 31, 2010. The projections 

estimate that approximately 10 and 13.5 

percent of the non-blacknose SCS quota 

will be landed in October, respectively, 

and that non-blacknose SCS landings 

could approximately total 50 and 53.5 

percent of the non-blacknose shark 

quota by October 31, 2010, respectively. 

The projections indicate that 

blacknose shark landings have reached 

at least 85 percent of the quota, which 

exceeds the 80-percent limit specified in 

the regulations. Accordingly, NMFS is 

closing both the commercial blacknose 

shark and non-blacknose SCS fisheries 

as of 11:30 p.m. local time November 2, 

2010. This closure does not affect any 

other shark fishery. 

During the closure, retention of 

blacknose sharks and/or non-blacknose 

SCS is prohibited for persons fishing 

aboard vessels issued a commercial 

shark limited access permit (LAP) under 

50 CFR 635.4, unless the vessel is 

properly permitted to operate as a 

charter vessel or headboat for HMS and 

is engaged in a for-hire trip, in which 

case the recreational retention limits for 

sharks and ‘‘no sale’’ provisions apply 

(50 CFR 635.22(a) and (c)). A shark 

dealer issued a permit pursuant to 

§ 635.4 may not purchase or receive 

blacknose sharks and/or non-blacknose 

SCS from a vessel issued an Atlantic 

shark LAP, except that a permitted 

shark dealer or processor may possess 

blacknose sharks and/or non-blacknose 

SCS that were harvested, off-loaded, and 

sold, traded, or bartered, prior to the 

effective date of the closure and were 

held in storage. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that providing for 

prior notice and public comment for 

this action is impracticable and contrary 

to the public interest because the fishery 

is currently underway, and any delay in 

this action would cause overharvest of 

the quota and be inconsistent with 

management requirements and 

objectives. If the quota is exceeded, the 

affected public is likely to experience 

reductions in the available quota and a 

lack of fishing opportunities in future 

seasons. For these reasons, the AA also 

finds good cause to waive the 30-day 

delay in effective date pursuant to 5 

U.S.C. 553 (d)(3). This action is required 

under § 635.28(b)(2) and is exempt from 

review under Executive Order 12866. 

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

Dated: October 27, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–27658 Filed 10–28–10; 4:15 pm] 

BILLING CODE 3510–22–P 


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