Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 53671 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), E.O. 

13175, and 512 DM 2, we have 

evaluated potential effects on Federally 

recognized Indian Tribes and have 

determined that there are no potential 

effects. This rule will not interfere with 

the ability of Tribes to manage 

themselves or their funds or to regulate 

migratory bird activities on Tribal lands. 

Energy Supply, Distribution, or Use 

(E.O. 13211) 

On May 18, 2001, the President issued 

E.O. 13211 addressing regulations that 

significantly affect energy supply, 

distribution, and use. E.O. 13211 

requires agencies to prepare Statements 

of Energy Effects when undertaking 

certain actions. This rulemaking is not 

a significant regulatory action under 

E.O. 12866, and it will not significantly 

affect energy supplies, distribution, or 

use. This action will not be a significant 

energy action, and no Statement of 

Energy Effects is required. 

Compliance With Endangered Species 

Act Requirements 

Section 7 of the Endangered Species 

Act of 1973, as amended (16 U.S.C. 1531 

et seq.), requires that ‘‘The Secretary [of 

the Interior] shall review other programs 

administered by him and utilize such 

programs in furtherance of the purposes 

of this Act’’ (16 U.S.C. 1536(a)(1)). It 

further states that the Secretary must 

‘‘insure that any action authorized, 

funded, or carried out * * * is not 

likely to jeopardize the continued 

existence of any endangered species or 

threatened species or result in the 

destruction or adverse modification of 

[critical] habitat’’ (16 U.S.C. 1536(a)(2)). 

We have concluded that this change to 

the regulations will not affect listed 

species. 

List of Subjects in 50 CFR Part 20 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

■ For the reasons discussed in the 

preamble, we amend part 20, subchapter 

B, chapter I of title 50 of the Code of 

Federal Regulations as follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for part 20 

continues to read as follows: 

Authority: Migratory Bird Treaty Act, 40 

Stat. 755, 16 U.S.C. 703–712; Fish and 

Wildlife Act of 1956, 16 U.S.C. 742a–j; Public 

Law 106–108, 113 Stat. 1491, Note Following 

16 U.S.C. 703. 

■ 2. Amend § 20.21 by revising 

paragraph (j) to read as follows: 

§ 20.21 What hunting methods are illegal? 

* * * * * 

(j)(1) While possessing loose shot for 

muzzle loading or shotshells containing 

other than the following approved shot 

types. 

Approved shot type * Percent composition by weight Field testing device ** 

Bismuth-tin ............................. 97 bismuth, and 3 tin .......................................................................................................... Hot Shot®. *** 

Iron (steel) .............................. iron and carbon ................................................................................................................... Magnet or Hot Shot®. 

Iron-tungsten .......................... any proportion of tungsten, and ≥1 iron ............................................................................. Magnet or Hot Shot®. 

Iron-tungsten-nickel ................ ≥1 iron, any proportion of tungsten, and up to 40 nickel ................................................... Magnet or Hot Shot®. 

Tungsten-bronze .................... 51.1 tungsten, 44.4 copper, 3.9 tin, and 0.6 iron, or 60 tungsten, 35.1 copper, 3.9 tin, 

and 1 iron.

Rare Earth Magnet. 

Tungsten-iron-copper-nickel ... 40–76 tungsten, 10–37 iron, 9–16 copper, and 5-7 nickel ................................................ Hot Shot® or Rare 

Earth Magnet. 

Tungsten-matrix ..................... 95.9 tungsten, 4.1 polymer ................................................................................................. Hot Shot®. 

Tungsten-polymer .................. 95.5 tungsten, 4.5 Nylon 6 or 11 ........................................................................................ Hot Shot®. 

Tungsten-tin-iron .................... any proportions of tungsten and tin, and ≥1 iron ............................................................... Magnet or Hot Shot®. 

Tungsten-tin-bismuth .............. any proportions of tungsten, tin, and bismuth. ................................................................... Rare Earth Magnet. 

Tungsten-tin-iron-nickel .......... 65 tungsten, 21.8 tin, 10.4 iron, and 2.8 nickel .................................................................. Magnet. 

Tungsten-iron-polymer ........... 41.5–95.2 tungsten, 1.5–52.0 iron, and 3.5-8.0 fluoropolymer .......................................... Magnet or Hot Shot®. 

* Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome on approved nontoxic shot types also are approved. 

** The information in the ‘‘Field Testing Device’’ column is strictly informational, not regulatory. 

*** The ‘‘HOT*SHOT’’ field testing device is from Stream Systems of Concord, CA. 

(2) Each approved shot type must 

contain less than 1 percent residual lead 

(see § 20.134). 

(3) This shot type restriction applies 

to the taking of ducks, geese (including 

brant), swans, coots (Fulica americana), 

and any other species that make up 

aggregate bag limits with these 

migratory game birds during concurrent 

seasons in areas described in § 20.108 as 

nontoxic shot zones. 

Dated: October 7, 2009. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. E9–25108 Filed 10–19–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XS22 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason action; notification of 

applicable Longline category incidental 

retention limits. 

SUMMARY: NMFS has determined that 

the 25–mt quota available for the 

Atlantic bluefin tuna (BFT) Longline 

category Northeast Distant gear 

restricted area (NED) fishery has been 

attained. NMFS announces that the 

Longline category incidental BFT 

retention limits will apply in the NED 

for the remainder of the fishing year. 

This action applies to Atlantic Tunas 

Longline category permitted vessels that 

fish in the NED. 

DATES: Effective October 20, 2009, 

through December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or 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 


cprice-sewell on DSKGBLS3C1PROD with RULES
53672 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 

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 Consolidated Highly 

Migratory Species Fishery Management 

Plan (Consolidated HMS FMP). The 

latest (2008) ICCAT recommendation for 

western Atlantic BFT included a U.S. 

quota of 1,034.9 mt for 2009, including 

a 25 mt set-aside for bycatch of BFT 

related to longline fisheries in the 

vicinity of the ICCAT management area 

boundary. For management and 

monitoring purposes, NMFS 

implements this set-aside for BFT 

landings made in the Northeast Distant 

gear restricted area (NED) by Atlantic 

Longline category permitted vessels. 

The NED is the Atlantic Ocean area 

bounded by straight lines connecting 

the following coordinates in the order 

stated: 35°00′ N. lat., 60°00′ W. long.; 

55°00′ N. lat., 60°00′ W. long.; 55°00′ N. 

lat., 20°00′ W. long.; 35°00′ N. lat., 

20°00′ W. long.; 35°00′ N. lat., 60°00′ W. 

long. 

Application of Longline Category 

Incidental BFT Retention Limits in NED 

The 2009 adjusted BFT quota 

specifications issued pursuant to 

§ 635.27 set a Longline category quota of 

74.3 mt to be harvested incidentally 

from the regulatory area during the 2009 

fishing year. Including the 25 mt for the 

NED, the total allowable quota for both 

categories for 2009 is 99.3 mt (74 FR 

26110, June 1, 2009). 

Under the BFT retention limit 

regulations at § 635.23(f)(3), once the 25- 

mt NED quota has been attained, the 

target catch requirements specified in 

§ 635.23(f)(1) apply. Based on reported 

Longline category BFT landings, NMFS 

has determined that the 25-mt NED 

quota has been reached. As of October 

6, 2009, Longline landings of BFT in the 

NED total 37.6 mt. Therefore, the 

following retention limits will apply in 

the NED for vessels permitted in the 

Atlantic Tunas Longline category, 

effective October 20, 2009, through 

December 31, 2009: One large medium 

or giant BFT per vessel per trip may be 

landed, provided that at least 2,000 lb 

(907 kg) of species other than BFT are 

legally caught, retained, and offloaded 

from the same trip and are recorded on 

the dealer weighout slip as sold. Two 

large medium or giant BFT per vessel 

per trip may be landed, provided that at 

least 6,000 lb (2,727 kg) of species other 

than BFT are legally caught, retained, 

and offloaded from the same trip and 

are recorded on the dealer weighout slip 

as sold. Three large medium or giant 

BFT per vessel per trip may be landed, 

provided that at least 30,000 lb (13,620 

kg) of species other than BFT are legally 

caught, retained, and offloaded from the 

same trip and are recorded on the dealer 

weighout slip as sold. Dealers are 

reminded of the requirement to report 

all BFT received within 24 hours of 

landing. 

The intent of this action and its 

timing is to prevent overharvest of the 

incidental quota established for the 

Longline category while providing 

sufficient time for vessels currently 

fishing to return to port and offload any 

BFT that may have been legally retained 

on board before this action takes effect. 

NMFS will continue to monitor 

Longline category landings against the 

available Longline category quota for the 

2009 fishing year and may take further 

action, if necessary. Any subsequent 

adjustments to the Longline category 

fishery for 2009 would 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 the internet at 

www.hmspermits.gov, for fishery 

updates. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good 

cause, pursuant to 5 U.S.C. 553 (b)(B) to 

waive prior notice and public comment 

for this action, as notice and comment 

would be impracticable and contrary to 

the public interest. This notice informs 

fishery participants of the applicable 

retention limits in the NED now that the 

25-mt set aside for that area has been 

attained. This action is intended to 

prevent overharvest of the incidental 

quota established for the Longline 

category while providing sufficient time 

for vessels currently fishing to return to 

port and offload any BFT that may have 

been legally retained on board before 

this action takes effect. The fishery is 

currently underway and any delay in 

fishery participant notification could 

cause the fishery to exceed the quota 

and would be inconsistent with 

domestic and international 

requirements and objectives. NMFS 

provides notification of the applicable 

retention limits by publishing the notice 

in the Federal Register, transmitting an 

electronic notice to Atlantic HMS News 

subscribers, including known fishery 

representatives and posting the notice 

on www.hmspermits.gov. 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)(1) and (3). 

This action is being taken under 50 

CFR 635.23(f)(3) and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: October 15, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–25188 Filed 10–15–09; 8:45 am] 

BILLING CODE 3510–22–S 


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