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10896 Federal Register / Vol. 70, No.

43 / Monday, March 7, 2005 / Rules and Regulations

PART 73—RADIO BROADCAST and Order, MB Docket No. 02–72, ACTION: Final rule.
SERVICES adopted February 16, 2005, and released
February 18, 2005. The full text of this SUMMARY: NMFS announces the final
■ 1. The authority citation for Part 73 Commission decision is available for initial 2004 fishing year specifications
continues to read as follows: inspection and copying during normal for the Atlantic bluefin tuna (BFT)
fishery to set BFT quotas for each of the
Authority: 47 U.S.C. 154, 303, 334 and 336. business hours in the FCC Information
Center, Portals II, 445 12th Street, SW, established domestic fishing categories,
§ 73.202 [Amended] Room CY–A257, Washington, DC 20554. to set General category effort controls,
The complete text of this decision also and to establish a catch-and-release
■ 1. Section 73.202(b), the Table of FM
may be purchased from the provision for recreational and
Allotments under Colorado is amended commercial BFT handgear vessels
by adding Crested Butte, Channel 246C3. Commission’s duplicating contractor, during a respective quota category
■ 2. Section 73.202(b), the Table of FM
Best Copy and Printing, Inc., 445 12th
Street, SW, Room CY–B402, closure. This action is necessary to
Allotments under Massachusetts, is implement recommendations of the
amended by adding Adams, Channel Washington, DC, 20554, (800) 378–3160,
or via the company’s Web site, http:// International Commission for the
224A. Conservation of Atlantic Tunas (ICCAT),
www.bcpiweb.com. The Commission
■ 3. Section 73.202(b), the Table of FM as required by the Atlantic Tunas
will send a copy of this Report and
Allotments under Ohio, is amended by Order in a report to be sent to Congress Convention Act (ATCA), and to achieve
adding Channel 241A at Ashtabula. and the Government Accountability domestic management objectives under
■ 4. Section 73.202(b), the Table of FM the Magnuson-Stevens Fishery
Office pursuant to the Congressional
allotments under Pennsylvania, is Review Act, see U.S.C. 801(a)(1)(A). Conservation and Management Act
amended by adding Lawrence Park, (Magnuson-Stevens Act).
Channel 224A. List of Subjects in 47 CFR Part 73 DATES: The final rule is effective from
Federal Communications Commission. Radio, Radio broadcasting. April 4, 2005.
John A. Karousos, ADDRESSES: Copies of the supporting
■ Part 73 of title 47 of the Code of Federal
Assistant Chief, Audio Division, Media Regulations is amended as follows: documents including the Environmental
Bureau. Assessment/Regulatory Impact Review/
[FR Doc. 05–4345 Filed 3–4–05; 8:45 am] PART 73—RADIO BROADCAST Final Regulatory Flexibility Analysis
BILLING CODE 6712–01–P SERVICES (EA/RIR/FRFA) and the 1999 Atlantic
Tunas, Swordfish, and Sharks Fishery
■ 1. The authority citation for Part 73 Management Plan (1999 FMP) may be
FEDERAL COMMUNICATIONS continues to read as follows: obtained from Brad McHale, Highly
COMMISSION Authority: 47 U.S.C. 154, 303, 334 and 336. Migratory Species Management
Division, NMFS, Northeast Regional
47 CFR Part 73 § 73.202 [Amended] Office, One Blackburn Drive,
■2. Section 73.202(b), the Table of FM Gloucester, MA 01930. These
[DA 05–414; MB Docket No. 02–72, RM–
10399; RM–10639; and RM–10640] Allotments under Massachusetts, is documents are also available from the
amended by adding East Harwich, Highly Migratory Species Division
Radio Broadcasting Services; East Channel 254A. website at www.nmfs.noaa.gov/sfa/
Harwich, Nantucket, and South Federal Communications Commission. hmspg.html or at the Federal e-
Chatham, MA Rulemaking Portal:
John A. Karousos,
www.regulations.gov.
AGENCY: Federal Communications Assistant Chief, Audio Division, Media
Bureau. FOR FURTHER INFORMATION CONTACT: Brad
Commission.
[FR Doc. 05–4346 Filed 3–4–05; 8:45 am] McHale at (978) 281–9260.
ACTION: Final rule.
BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: Atlantic
SUMMARY: The Audio Division, at the tunas are managed under the dual
request of Brewster Broadcasting Co. in authority of the Magnuson-Stevens Act
its counterproposal to a petition for and ATCA. ATCA authorizes the
DEPARTMENT OF COMMERCE
rulemaking by John Garabedian, allots Secretary of Commerce (Secretary) to
Channel 254A at East Harwich, National Oceanic and Atmospheric promulgate regulations, as may be
Massachusetts, as the community’s first Administration necessary and appropriate, to
local FM service. Channel 254A can be implement ICCAT recommendations.
allotted to East Harwich, Massachusetts, 50 CFR Part 635 The authority to issue regulations under
in compliance with the Commission’s the Magnuson-Stevens Act and ATCA
minimum distance separation [Docket No. 041203341–5047–02; I.D. has been delegated from the Secretary to
072304B] the Assistant Administrator for
requirements with a site restriction of
5.7 km (3.5 miles) southeast of East RIN 0648–AR86
Fisheries, NOAA (AA).
Harwich. The coordinates for Channel Background
254A at East Harwich, Massachusetts, Atlantic Highly Migratory Species;
are 41–40–33 North Latitude and 69– Atlantic Bluefin Tuna Quota Background information about the
58–03 West Longitude. Specifications, General Category Effort need for the final initial BFT quota
Controls, and Catch-and-Release specifications, General category effort
DATES: Effective April 4, 2005.
Provision controls, and establishment of a catch-
FOR FURTHER INFORMATION CONTACT: and-release provision was provided in
Deborah Dupont, Media Bureau, (202) AGENCY: National Marine Fisheries the preamble to the proposed rule (69
418–2180. Service (NMFS), National Oceanic and FR 71771, December 10, 2004), and is
SUPPLEMENTARY INFORMATION: This is a Atmospheric Administration (NOAA), not repeated here. Therefore, by this
synopsis of the Commission’s Report Commerce. final rule, NMFS announces the final

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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Rules and Regulations 10897

initial BFT quota specifications, 24.6 mt, with 9.5 mt to the northern area 2004 Fishing Year Inseason Adjustment
announces the applicable General (north of 39° 18′ N. latitude), 10.7 mt to Summary
category effort controls, and implements the southern area (south of 39° 18′ N. During the 2004 fishing year, NMFS
a catch-and-release provision for latitude), plus 4.4 mt held in reserve; conducted two inseason quota transfers
recreational and commercial BFT large school/small medium BFT — 49.7 using the authority under the
handgear vessels during a respective mt, with 23.5 mt to the northern area implementing regulations at 50 CFR
quota category closure. and 26.2 mt to the southern area; and § 635.28(a)(8). For each inseason
Changes From Proposed Rule large medium/giant BFT — 2.2 mt, with transfer, NMFS determined it was
0.7 mt to the northern area and 1.5 mt warranted based on the consideration of
Angling Category Landings to the southern area. the criteria governing quota transfers
Two corrections to BFT recreational The 2002 ICCAT Recommendation between categories, the 2004 proposed
landing estimates contained in the included an annual 25 mt set-aside BFT specifications including carryover
proposed rule have been incorporated in quota to account for bycatch of BFT adjustments from prior years and an
this final rule. The first correction related to directed longline fisheries in assessment of the commercial and
adjusts the 2002 BFT recreational the vicinity of the management area recreational landings data to date. The
landings estimate from 651.1 mt, to boundary, defined as the Northeast first inseason adjustment transferred
641.6 mt; a difference of minus 9.5 mt. Distant statistical area (NED) (68 FR 223.1 mt of General category quota to
Also, the 2003 BFT recreational 56783, October 2, 2003). This set-aside the Angling category and transferred a
landings estimate of 411.7 mt has been quota is in addition to the overall combined quota of 161.9 mt from the
corrected to 410.7 mt, a difference of incidental longline quota to be General, Harpoon, and Incidental
minus 1.0 mt. NMFS made these subdivided in accordance to the North/ Longline categories to the Reserve
corrections per a review of landings South allocation percentages mentioned category (69 FR 71732, December 10,
estimates made in the 2002–2003 U.S. below. Thus, the Longline category 2004). The second inseason adjustment
Recreational Fishery Landings Estimates quota of 171.2 mt will be subdivided as transferred 100 mt from the Purse seine
for White Marlin, Blue Marlin, and category to the Reserve category (70 FR
follows: 58.2 mt to longline vessels
Bluefin Tuna Report, available at 302, January 4, 2005). The result of
landing BFT north of 31° N. latitude;
www.nmfs.noaa.gov/sfa/hms/. these inseason transfers is an
49.2 mt to longline vessels land BFT
adjustment of any remaining available
Restricted Fishing Days harvested from the NED; and 63.8 mt to
quota from these final initial
For the 2004 fishing year, NMFS longline vessels landing BFT south of
specifications.
proposed a series of blocks of restricted 31° N. latitude.
fishing days (RFDs) to extend the Catch and Release Provision
General Category Effort Controls
General category for as long as possible NMFS implements a rule change to
through the October through January For the last several years, NMFS has allow vessels participating in the BFT
time-period. The coastwide General implemented General category time- recreational and commercial handgear
category closed on January 4, 2005 (70 period subquotas to increase the fisheries to catch and release BFT after
FR 302, January 4, 2005) and therefore likelihood that fishing would continue their respective quota categories have
the proposed RFDs were not needed. throughout the entire General category closed. This provision addresses
2004 Final Initial Quota season. The subquotas are consistent concerns that requiring BFT to be
Specifications with the objectives of the 1999 FMP and tagged, once a closure has taken place,
In accordance with the 2002 ICCAT are designed to address concerns may lead to unnecessary post-release
Recommendation, the ICCAT regarding allocation of fishing mortality associated with anglers who
Recommendation regarding the dead opportunities, to assist with distribution are inexperienced with proper tagging
discard allowance, the 1999 FMP and achievement of optimum yield, to techniques and may improperly place
percentage shares for each of the allow for a late season fishery, and to the tag on the BFT, unintentionally
domestic categories, and regulations improve market conditions and killing or injuring the fish. This
regarding annual adjustments at scientific monitoring. provision allows vessels owners/
§ 635.27(a)(9)(ii), NMFS establishes final operators to tag-and-release BFT after a
initial quota specifications for the 2004 The 1999 FMP divides the annual
respective quota category closure has
fishing year as follows: General category General category quota into three time-
taken place, but would not require them
— 659.0 mt; Harpoon category — 81.4 period subquotas. Each time-period and to do so as part of a catch-and-release
mt; Purse Seine category — 389.4 mt; percentage of General category quota program.
Angling category — 76.5 mt; Longline allocated to that time- period are as
category — 171.2 mt; and Trap category follows: June-August, 60 percent; Comments and Responses
— 2.3 mt. Additionally, 36.6 mt will be September, 30 percent; and for October- Comment 1: One commentor did not
allocated to the Reserve category for January, 10 percent. These percentages specifically address the substantive
inseason allocations, including are applied to the final initial 2004 aspects of the proposed rule, but rather
providing for a late season General coastwide General category quota of indicated general support for
category fishery, or to cover scientific 659.0 mt, minus 10.0 mt reserved for the establishing marine sanctuaries,
research collection and potential New York Bight fishery. Therefore, of adopting the Pew Foundation reports’
overharvest in any category except the the available 649.0 mt coastwide quota, findings on overfishing, and concern
Purse Seine category. The overall final 389.4 mt are available in the period over the fact that NMFS may be relying
initial BFT quota for the 2004 fishing beginning June 1 and ending August 31; on biased information for conducting
year equals 1416.4 mt. 194.7 mt are available in the period stock assessments.
Based on the above final initial beginning September 1 and ending Response: This final rule is designed
specifications, the Angling category September 30; and 64.9 mt are available to provide for the fair and efficient
quota of 76.5 mt will be further in the period beginning October 1 and harvest of the BFT quota that is
subdivided as follows: School BFT — ending January 31, 2005. allocated to the United States by the

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10898 Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Rules and Regulations

International Commission for the therefore the proposed RFDs were not proposed rule and submitted it to the
Conservation of Atlantic Tunas (ICCAT) needed. Chief Counsel for Advocacy of the Small
and is consistent with the Atlantic Comment 5: A commentor expressed Business Administration. No comments
Tunas Convention Act and the concern at the Agency’s inability to were received on the IRFA concerning
Magnuson-Stevens Fishery capture and assess previous years’ the economic impact of this final rule.
Conservation and management Act. The landings data for BFT in an accurate and A summary of the Final Regulatory
final quota specifications divide the efficient manner, compromising timely Flexibility Analysis (FRFA) is provided
proportion of the overall western season openings and allocations. below.
Atlantic bluefin tuna quota allotted to Specifically, the commentor stated that The analysis for the FRFA assesses
the United States among domestic there are discrepancies in the methods the impacts of the various alternatives
categories. Time-period subquotas are a used by NMFS’ contracted field agents on the vessels that participate in the
means of controlling fishing effort and under the Large Pelagics Survey (LPS) BFT fisheries, all of which are
are also included in this action. These when converting fish lengths to considered small entities. For the quota
measures are consistent with the BFT estimated fish weights. The commentor allocation alternatives, NMFS has
rebuilding program established in the stated that these discrepancies resulted estimated the average impact of the
1999 FMP and implemented to achieve in the pre-mature closure of the alternatives on individual categories
domestic management objectives. NMFS November 2003 Angling category and the vessels within those categories.
does use commercial logbook data to fishery which had significant economic As mentioned above, the 2002 ICCAT
conduct stock assessments, however, consequences on state participants. The recommendation increased the BFT
fishery-independent data, intercept commentor suggested initiating a coast- quota allocation to 1,489.6 mt. This
surveys, and results from scientific wide tail tag monitoring program to increase, in comparison to pre–2002
surveys are also employed to provide a address this issue. levels, includes 77.6 mt to be
more accurate representation of a stocks’ Response: This past year , NMFS redistributed to the domestic fishing
population dynamics. reviewed the 2002 estimates of U.S. categories based on the allocation
Comment 2: NMFS received a recreational fishery landing of BFT, percentages established in the 1999
comment related to both this action and white marlin, and blue marlin reported FMP, as well as a set-aside quota of 25
an ongoing amendment to the 1999 FMP to ICCAT. NMFS reviewed the data mt to account for incidental catch of
that is currently in the pre-draft stage. collection and estimation methods that BFT related to directed pelagic longline
The commentor believes that the were used to verify that the reported fisheries in the NED. In 2003,
Agency should allocate 150 metric tons estimates were the most accurate that preliminary annual gross revenues from
to the December-January General could be made with available 2002 data. the commercial BFT fishery were
category time-period subquota. This NMFS also considered methods to be approximately $11.5 million. There are
allocation would ensure extended used for estimation of 2003 recreational approximately 10,914 vessels that are
fishing opportunities for General fishery landings, as well as using those permitted to land and sell BFT under
category fishermen in the south methods to produce landings estimates four BFT quota categories. The four
Atlantic. from the available 2003 recreational quota categories and their preliminary
Response: NMFS is considering fishery data. A report summarizing 2003 gross revenues are General
several alternatives as part of the findings of this review was made ($7,476,461), Harpoon ($772,810), Purse
amendment to the 1999 FMP to address available on December 9, 2004. This seine ($2,546,236), and Incidental
BFT management in general and report can be obtained at the HMS Longline ($635,498). Note that all
specifically sub-quota allocation for BFT Management Division website located at dollars have been converted to 1996
in the General category. It is a goal for www.nmfs.noaa.gov/sfa/hms. Based on dollars using the Consumer Price Index
NMFS and the 1999 FMP to ensure that the findings of this report, and Conversion Factors for comparison
fishing and economic opportunities are consultations with the LPS contractor, purposes. The analysis for the FRFA
sustained for participants. The process methods of fish measurement and assumes that all category vessels have
for amending the 1999 FMP includes length/weight conversion will be further similar catch and gross revenues. While
public comment, analyses of a full range scrutinized. Proposals to implement an this assumption may not be entirely
of alternatives, and draft and final Atlantic-wide tail-tag monitoring valid, the analyses are sufficient to show
Environmental Impact Statements. program remain under discussion the relative impact of the various
Comment 3: A commentor supported among coastal states and within NMFS preferred alternatives on vessels.
the elimination of the tag-and-release and focus on issues regarding specifics For the allocation of BFT quota among
requirement for recreational fishermen of logistics and implementation as well domestic fishing categories, three
after a season has closed. as funding sources. alternatives were considered: the No
Response: This action replaces the Action alternative, the final action that
tag-and-release provision with a catch- Classification will allocate the ICCAT-recommended
and-release provision in order to reduce These final initial specifications, quota to domestic categories in
post-release mortality due to tagging by general category effort controls, and the accordance with the 2002 ICCAT
inexperienced anglers and increase catch-and-release provision are recommendation and the 1999 FMP,
fishing opportunities for recreational published under the authority of the and a slight variation of the final action,
fishermen after a season has closed. Magnuson-Stevens Act and ATCA. The that also included a 25 mt limit on the
Comment 4: A commentor indicated Assistant Administrator for Fisheries amount of quota that can accumulate
support for the RFDs as proposed. (AA) has determined that the from year-to-year within the pelagic
Response: NMFS implements RFDs as regulations contained in this final rule longline quota set-aside in the NED.
an effective means of slowing the pace are necessary to implement the The no action alternative was rejected
of the winter fishery and extending recommendations of ICCAT and to because it was not consistent with the
available quota over a longer period of manage the domestic Atlantic HMS purpose and need for this action, ATCA,
time. The coastwide General category fisheries. and the 1999 FMP. It would maintain
BFT fishery closed on January 4, 2005 NMFS prepared an Initial Regulatory U.S. BFT quota levels at a scale and
(70 FR 302, January 4, 2005) and Flexibility Analysis (IRFA) for the distribution similar to the 2002 fishing

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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Rules and Regulations 10899

year and would deny fishermen specifications would have published This final rule has been determined to
additional fishing opportunities as after this fishery had closed. be not significant for purposes of
recommended by the ICCAT, an For the catch-and-release provision, Executive Order 12866.
estimated $1,000,000 in potential, NMFS considered three alternatives: no This final rule contains no new
additional gross revenues. The 2002 action alternative (maintain the tag-and- collection-of-information requirements
ICCAT quota recommendation specified release requirement once a handgear subject to review and approval by the
a 1,489.6 mt total quota for the United quota category has been closed), an Office of Management and Budget
States, a 102.6 mt increase from pre– alternative to disallow all fishing for (OMB) under the Paperwork Reduction
2002 quota levels. Under ATCA, the Act (PRA). Notwithstanding any other
BFT once a handgear quota category has
United States is obligated to implement provisions of the law, no person is
been closed, and the final action which
ICCAT-approved recommendations. The required to respond to, nor shall any
will allow vessels to catch-and-release
final action will increase the overall person be subject to, a penalty for
BFT once a handgear quota category has
quota by 77.6 mt resulting in an failure to comply with a collection of
been closed.
information subject to the requirements
approximate increase in gross revenues Although NMFS understands that of the PRA unless that collection of
of $750,000, and will also create a set- recreational HMS fisheries have a large information displays a currently valid
aside quota of 25 mt to account for influence on the economies of coastal OMB control number
incidental harvest of BFT in the NED by communities, even when vessels are On September 7, 2000, NMFS
pelagic longline vessels, resulting in a engaged in tag-and-release or catch-and- reinitiated formal consultation for all
potential increase in gross revenues of release fishing, NMFS has little current HMS commercial fisheries under
$250,000. Unharvested quota from this information on the costs and Section 7 of the ESA. A BiOp, issued
set aside will be allowed to roll from expenditures of anglers or the June 14, 2001, concluded that continued
one fishing year to the next. The final businesses that rely on them. Based on operation of the Atlantic pelagic
action is expected to have positive conversations with representatives of longline fishery is likely to jeopardize
economic impacts for fishermen, the handgear sectors of the BFT fishery, the continued existence of endangered
because of the modest increase in quota. NMFS has rejected the no action and threatened sea turtle species under
Under the slight variation of the final alternative because it would have NMFS jurisdiction. NMFS has
action, the annual specification process slightly negative economic impacts. implemented the reasonable and
would limit the NED set-aside to 25 mt This assessment is attributed to vessel prudent alternatives required by this
and would not take into account any owner/operators, who are not BiOp. This BiOp also concluded that the
unharvested set-aside quota from the comfortable tagging BFT, or those continued operation of the purse seine
prior fishing year. Unharvested quota owner/operators who are unable to and handgear fisheries may adversely
would not be rolled over from the obtain a tagging kit in a timely fashion, affect, but is not likely to jeopardize, the
previous fishing year, nor would it be not taking trips to pursue BFT. The continued existence of any endangered
transferred or allocated to other second alternative was rejected because or threatened species under NMFS
domestic fishing categories. This it would have even greater negative jurisdiction. NMFS has implemented
alternative was rejected because it is not economic impacts by prohibiting vessels the reasonable and prudent alternative
expected to have the same positive from taking trips targeting BFT after a (RPA) required by this BiOp.
economic impacts as the final action, quota is attained. The final action will Subsequently, based on the
however it would allow for overall have positive economic impacts on management measures in several
positive economic impacts for those associated with the BFT handgear proposed rules, a new BiOp on the
fishermen due to the increase in gross fishery. This final action, will positively Atlantic pelagic longline fishery was
revenues associate with the 77.6 mt impact numerous economic aspects of issued on June 1, 2004. The 2004 BiOp
quota increase. the BFT handgear fishery due to the found that the continued operation of
willingness of more vessel owner/ the fishery was not likely to jeopardize
For the General category effort the continued existence of loggerhead,
controls, two alternatives were operators to actively take trips targeting
BFT after a closure has taken place. This green, hawksbill, Kemp’s ridley, or olive
considered: the alternative to designate ridley sea turtles, but was likely to
RFDs according to a schedule published final action will also allow for the
tagging of BFT, but would not require jeopardize the continued existence of
in the initial BFT specifications; and the leatherback sea turtles. The 2004 BiOp
selected no action alternative, which owner/operators to do so.
identified RPAs necessary to avoid
does not publish RFDs with the initial None of the final actions in this jeopardizing leatherbacks, and listed the
specifications, but would implement document would result in additional Reasonable and Prudent Measures
them during the season as needed. No reporting, recordkeeping, compliance, (RPMs) and terms and conditions
other alternatives were considered as or monitoring requirements for the necessary to authorize continued take as
they would not have met the purpose public. This final rule has also been part of the revised incidental take
and need for this issue. The no action determined not to duplicate, overlap, or statement. On July 6, 2004, NMFS
alternative was selected due to the conflict with any other Federal rules. published a final rule (69 FR 40734)
coastwide General category BFT fishery NMFS prepared an Environmental implementing additional sea turtle
closing for the season on January 4, Assessment (EA) for this final rule, and bycatch and bycatch mortality
2005 (70 FR 302). The economic the AA has concluded that there would mitigation measures for all Atlantic
impacts associated with this selected be no significant impact on the human vessels with pelagic longline gear
alternative would be considered neutral environment. The EA presents analyses onboard. NMFS is working on
as the General category BFT fishery of the anticipated impacts of these final implementing the other RPMs and other
harvested, almost in entirety, the actions and the alternatives considered. measures in the 2004 BiOp. On August
available quota for the 2004 fishing year. A copy of the EA and other analytical 12, 2004, NMFS published an Advance
The economic impacts associated with documents prepared for this final rule, Notice of Proposed Rulemaking (69 FR
the rejected alternative would also be are available from NMFS via the Federal 49858) to request comments on
considered neutral, as the final initial e-Rulemaking Portal (see ADDRESSES). potential regulatory changes to further

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10900 Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Rules and Regulations

reduce bycatch and bycatch mortality of Act. As of February 11, 2005, NMFS has retention limit of large medium and
sea turtles, as well as comments on the received six responses, all concurring giant BFT over a range from zero (on
feasibility of framework mechanisms to with NMFS’ consistency determination. RFDs) to a maximum of three per vessel.
address unanticipated increases in sea Because no responses were received Such increase or decrease will be based
turtle interactions and mortalities, from other states, their concurrence is on a review of dealer reports, daily
should they occur. NMFS will presumed. landing trends, availability of the
undertake additional rulemaking and species on the fishing grounds, and any
List of Subjects in 50 CFR Part 635
non-regulatory actions, as necessary, to other relevant factors. NMFS will adjust
implement any management measures Fisheries, Fishing, Fishing vessels, the daily retention limit specified in
that are required under the 2004 BiOp. Foreign relations, Intergovernmental paragraph (a)(2) of this section by filing
The majority of the measures that will relations, Penalties, Reporting and with the Office of the Federal Register
be implemented by this current rule are recordkeeping requirements, Statistics, for publication notification of the
not expected to have adverse impacts. Treaties. adjustment. Such adjustment will not be
However, the 2002 ICCAT Dated: March 1, 2005. effective until at least 3 calendar days
recommendation increased the BFT Rebecca J. Lent, after notification is filed with the Office
quota which may result in a slight Deputy Assistant Administrator for of the Federal Register for publication,
increase in effort which could Regulatory Programs, National Marine except that previously designated RFDs
potentially increase the number of Fisheries Service. may be waived effective upon closure of
protected species interactions. Due to ■ For the reasons set out in the preamble, the General category fishery so that
current restrictions on the BFT fishery 50 CFR part 635 is amended as follows: persons aboard vessels permitted in the
and more specifically the pelagic General category may conduct catch-
longline fishery, NMFS does not expect PART 635—ATLANTIC HIGHLY and-release or tag-and-release fishing for
this slight increase in effort to alter MIGRATORY SPECIES BFT under § 635.26.
current fishing patterns. * * * * *
The area in which this final action is ■ 1. The authority citation for part 635
continues to read as follows: ■ 3. In § 635.26, paragraph (a)(1) is
planned has been identified as Essential
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. revised to read as follows:
Fish Habitat (EFH) for species managed
by the New England Fishery 1801 et seq. § 635.26 Catch and release.
Management Council, the Mid-Atlantic ■ 2. In § 635.23, paragraphs (a)(2) and (a) * * *
Fishery Management Council, the South (a)(4) are revised to read as follows:
Atlantic Fishery Management Council, (1) Notwithstanding the other
the Gulf of Mexico Fishery Management § 635.23 Retention limits for BFT. provisions of this part, a person aboard
Council, the Caribbean Fishery a vessel issued a permit under this part,
* * * * *
Management Council, and the HMS (a) * * * other than a person aboard a vessel
Management Division of the Office of (2) On an RFD, no person aboard a permitted in the General category on a
Sustainable Fisheries at NMFS. It is not vessel that has been issued a General designated RFD, may fish with rod and
anticipated that this final action will category Atlantic Tunas permit may fish reel or handline gear for BFT under a
have any adverse impacts to EFH and, for, possess, retain, land, or sell a BFT catch-and-release or tag-and-release
therefore, no consultation is required. of any size class, and catch-and-release program. When fishing under a tag-and-
NMFS has determined that the list of or tag-and-release fishing for BFT under release program, vessel owner/operators
actions in this final rule are consistent § 635.26 is not authorized from such should use tags issued or approved by
to the maximum extent practicable with vessel. On days other than RFDs, and NMFS. If a BFT is tagged, the tag
the enforceable policies of the coastal when the General category is open, one information, including information on
states in the Atlantic, Gulf of Mexico, large medium or giant BFT may be any previously applied tag remaining on
and Caribbean that have Federally caught and landed from such vessel per the fish, must be reported to NMFS. All
approved coastal zone management day. NMFS will annually publish a BFT caught under the catch-and-release
programs under the Coastal Zone schedule of RFDs in the Federal or tag-and-release programs must be
Management Act (CZMA). On December Register. returned to the sea immediately with a
10, 2004, the proposed regulations were minimum of injury.
* * * * *
submitted to the responsible state (4) To provide for maximum * * * * *
agencies for their review under Section utilization of the quota for BFT, NMFS [FR Doc. 05–4378 Filed 3–4–05; 8:45 am]
307 of the Coastal Zone Management may increase or decrease the daily BILLING CODE 3510–22–S

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