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a 3-month preview of the crash and immediately preceding the date that the carrier’s crash rate. A motor carrier will OOS rates that will be effective for the application is received and processed. A divide the number of crashes for the issuance of HMSPs during the following motor carrier must, therefore, calculate previous 12-month period by the total 2-year registration period. its vehicle, driver, and HM OOS rates in number of power units that it operated each of the three categories by during that period. For example, if a Carriers’ Calculation of Their OOS examining the number of inspections Rates and Crash Rate motor carrier had 2 crashes and 10 and OOS violations during the power units, the crash rate would be When a motor carrier submits an preceding 12-month period. To 0.20 based upon a calculation of (2/10 HMSP application through the MCS– determine its OOS rate, the carrier = 0.20). The FMCSA does not consider 150B process, FMCSA examines one would divide the number of OOS a single crash to be statistically valid. year (12 months) of the carrier’s crash violations by the total number of Thus, crash rates will be calculated only and OOS data. This policy is consistent inspections for each category. The for carriers with more than one crash in with Agency’s practice of reviewing one resulting figure is the motor carrier’s the previous 12-month period. year of motor carrier records during the OOS rate for the category. conduct of a compliance review. The The FMCSA likewise examines one Upcoming Registration Cycles Under period examined is the 12 months year of crash data to determine a the HMSP Program

TABLE 2—UPCOMING REGISTRATION CYCLES

OOS rates calculated and publicized for OOS rates implemented by FMCSA Upcoming registration years (or cycles) industry preview 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 DEPARTMENT OF THE INTERIOR areas of the refuge in accordance with State cycle will be effective for the 2-year regulations subject to the following registration cycle as the above table Fish and Wildlife Service conditions: illustrates, beginning the following * * * * * January, and will remain in effect for the 50 CFR Part 32 [FR Doc. 2010–23774 Filed 9–21–10; 8:45 am] entire 2 calendar years of the BILLING CODE 1505–01–D registration cycle. For example, the OOS Hunting and Fishing rates calculated on October 1, 2010, will CFR Correction be published on the FMCSA Web site DEPARTMENT OF COMMERCE for preview, become effective for In Title 50 of the Code of Federal purposes of HMSP review on January 1, Regulations, Parts 18 to 199, revised as National Oceanic and Atmospheric 2011, and will remain in effect through of October 1, 2009, on page 406, in Administration December 31, 2012. The OOS rates will § 32.45, the second entry for ‘‘Northwest then be re-calculated and published on Montana Wetland Management District’’ 50 CFR Parts 600 and 635 is removed. October 1, 2012, for the following [Docket No. 100729315–0331–01] registration cycle, and enforced starting [FR Doc. 2010–23771 Filed 9–21–10; 8:45 am] January 1, 2013. BILLING CODE 1505–01–D RIN 0648–BA12 Issued on: August 31, 2010. Atlantic Highly Migratory Species; Anne S. Ferro, DEPARTMENT OF THE INTERIOR Atlantic Billfish Management, White Administrator. Marlin (Kajikia albidus), Roundscale [FR Doc. 2010–23440 Filed 9–21–10; 8:45 am] Fish and Wildlife Service Spearfish (Tetrapturus georgii) BILLING CODE 4910–EX–P 50 CFR Part 32 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Hunting and Fishing Atmospheric Administration (NOAA), DEPARTMENT OF THE INTERIOR Commerce. CFR Correction Fish and Wildlife Service ACTION: Interpretive rule and Final In Title 50 of the Code of Federal Action. 50 CFR Part 32 Regulations, Parts 18 to 199, revised as of October 1, 2009, on page 326, in SUMMARY: This document combines two Hunting and Fishing § 32.35, in the entry for ‘‘Marais des actions, an interpretive rule and a final Cygnes National Wildlife Refuge’’ , the action that both affect management of CFR Correction heading and introductory text for Atlantic billfishes. The interpretive rule In Title 50 of the Code of Federal paragraph A. is reinstated to read as adds the recently recognized species, Regulations, Parts 18 to 199, revised as follows: roundscale spearfish (Tetrapturus of October 1, 2009, on page 385, in § 32.35 Kansas. georgii), to the definition of terms in the § 32.43, the entry for ‘‘Coldwater implementing regulations of the National Wildlife Refuge’’ is moved to * * * * * Magnuson-Stevens Fishery precede the entry for ‘‘Dahomey Marais des Cygnes National Wildlife Refuge Conservation and Management Act National Wildlife Refuge’’ on page 383. A. Migratory Game Bird Hunting. We allow (MSA) and the Atlantic HMS [FR Doc. 2010–23769 Filed 9–21–10; 8:45 am] hunting of goose, duck, coot, rail, snipe, regulations. The final action will BILLING CODE 1505–01–D woodcock, and mourning dove on designated recognize the change of the genus of

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white marlin from Tetrapturus to billfish and shark resources, encourage length (LJFL) and 66 inches LJFL, Kajikia in the implementing regulations development of an international respectively, and required tournament of the MSA and the Atlantic HMS management regime, and maintain operators to notify NMFS of regulations to reflect a recent taxonomic availability of billfishes and sharks to tournaments involving any Atlantic change. The intent of this interpretive the expanding U.S. fisheries. billfish at least four weeks prior to rule and final action is to accurately and Building upon the 1978 PMP for commencement of tournament fishing. appropriately reflect the latest species Atlantic Billfish and Sharks was the NMFS utilized the increases in size determinations and taxonomic 1988 Fishery Management Plan (FMP) limits to immediately reduce classification nomenclature, for the Atlantic Billfishes (53 FR 21501). overfishing, and to implement the 1997 respectively. They will have no This plan was jointly developed by five ICCAT recommendation, as required by practical effect on management of Atlantic Regional Fishery Management ATCA. NMFS published an extension Atlantic billfish. Councils (Caribbean, Gulf, South and amendment of the interim rule on DATES: This rule is effective on January Atlantic, Mid-Atlantic, and New September 29, 1998 (63 FR 51859). 1, 2011. England) and implemented in October In response to MSA requirements, and 1988 (53 FR 37765). The 1988 FMP concurrent with efforts on the interim ADDRESSES: Copies of this action and defined the Atlantic billfish rule discussed above, NMFS prepared related documents can be obtained by management unit to include sailfish Amendment One to the Atlantic Billfish writing to the Highly Migratory Species from the western Atlantic Ocean, white FMP and published final regulations on Management Division, 1315 East-West marlin and blue marlin from the North May 28, 1999 (64 FR 29090). Highway, Silver Spring, MD 20910, Atlantic Ocean, and longbill spearfish Amendment One maintained the visiting the HMS website at http:// from the entire Atlantic Ocean; objectives of the original 1988 Billfish www.nmfs.noaa.gov/sfa/hms/, or by described objectives for the Atlantic FMP and identified additional contacting Rick Pearson, Randy billfish fishery; and established objectives. Amendment One also Blankinship, or Greg Fairclough. management measures to achieve those redefined the management unit for FOR FURTHER INFORMATION CONTACT: Rick objectives, including establishing a ban Atlantic blue marlin and Atlantic white Pearson, Randy Blankinship, or Greg on retention of billfish on commercial marlin as the waters of the entire Fairclough by phone at 727–824–5399, fishing vessels. Atlantic Ocean and maintained the or by fax at 727–824–5398. In 1990, the MSA was amended, management unit definitions of longbill SUPPLEMENTARY INFORMATION: giving the Secretary of Commerce spearfish and sailfish from the 1988 Background authority to manage: Atlantic tunas, FMP. listed by species; oceanic sharks; and, In November 2000, ICCAT adopted an Atlantic HMS are managed under the Atlantic swordfish, marlin, and sailfish, additional recommendation regarding dual authority of the MSA and the listed by genus. The Secretarial Atlantic billfish (Recommendation 00– Atlantic Tunas Conservation Act authority was delegated to NMFS, and 13), including an international two- (ATCA). Under the MSA, NMFS must NMFS created the HMS Management phased rebuilding plan for Atlantic blue manage fisheries to maintain optimum Division in 1992. NMFS understood and white marlin. Phase I of the plan yield, rebuild overfished fisheries, and Congressional intent to be maintenance required that countries (other than the prevent overfishing. Under ATCA, of the management unit over all Atlantic United States) capturing marlins in NMFS is authorized to promulgate billfishes. commercial fisheries reduce white regulations, as may be necessary and Reauthorization of the MSA in 1996 marlin landings from pelagic longline appropriate, to implement initiated fundamental changes in U.S. and purse seine fisheries by 67 percent recommendations by the International fishery management policy by shifting and blue marlin landings by 50 percent Commission for the Conservation of emphasis to precautionary management from 1999 levels. ICCAT adopted the Atlantic Tunas (ICCAT). strategies. In September 1997, NMFS marlin rebuilding strategy based on Currently, Atlantic billfish managed identified fishery resources that were stock assessments which indicated that by NMFS include Atlantic blue marlin considered to be overfished, including marlin stocks continued to be severely (Makaira nigricans), white marlin Atlantic blue and white marlin. This overfished. Recommendation 00–13 also (Tetrapturus albidus), sailfish action triggered a suite of management recommended that the United States (Istiophorus platypterus), and longbill requirements, including the restrict annual landings by U.S. spearfish (Tetrapturus pfluegeri). development of rebuilding plans for recreational fishermen to 250 Atlantic Atlantic billfish management strategies overfished stocks, and reductions in blue and white marlin, combined, for have been guided by international and bycatch and bycatch mortality. Further, 2001 and 2002 (Phase I). This domestic considerations and in 1998, western Atlantic sailfish was Recommendation was subsequently mechanisms since the 1970s. added to the list of overfished species. extended through 2006. Domestic management of Atlantic In the international arena, ICCAT made In 2002, Phase I of the ICCAT Atlantic billfish resources has been developed, its first-ever binding recommendation marlin rebuilding plan was extended modified, and implemented in three for Atlantic blue and white marlin in through the year 2005 by adoption of primary stages through a series of 1997 (Recommendation 97–09). ICCAT Recommendation 02–13. ICCAT rulemakings. In January 1978, under the Recommendation 97–09 required amended the rebuilding program by authority delegated to it by the Secretary landing reductions of at least 25 percent specifying that, through 2005, the of Commerce, NMFS developed and from 1996 levels by the end of 1999. annual amount of blue marlin that can published the Preliminary Fishery Improvements in data and monitoring be harvested and retained by pelagic Management Plan (PMP) for Atlantic were also included in this longline and purse seine vessels must be Billfish and Sharks (43 FR 3818), which recommendation. no more than 50 percent of the 1996 or was supported by an Environmental On March 24, 1998, NMFS published 1999 landing levels, whichever is Impact Statement (42 FR 57716). The an interim rule (63 FR 14030) that greater. For white marlin, the annual management measures contained in the increased the minimum size limits for amount allowed to be harvested and plan were designed to minimize conflict Atlantic blue marlin and Atlantic white retained by pelagic longline and purse between domestic and foreign users of marlin to 96 inches lower jaw-fork seine vessels must be no more than 33

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percent of the 1996 or 1999 landing 1988 Atlantic Billfish FMP described management measures may be levels, whichever is greater. The United the management unit for billfishes as considered in the future, if appropriate. States had already prohibited ‘‘blue marlin, white marlin, sailfish, and White Marlin—Final Action commercial retention of billfish since longbill spearfish.’’ When the Secretary the implementation of the 1988 Atlantic of Commerce was given management As a result of DNA testing and other Billfish FMP, so it was already authority in the 1990 MSA Amendment, identifying factors, the genus of Atlantic compliant with this recommendation. NMFS maintained the billfish white marlin was changed in 2008 from For ICCAT members other than the management unit to include these four Tetrapturus to Kajikia and was adopted United States, the plan required the species, consistent with its by the Integrated Taxonomic release of all live marlins taken as understanding of Congress’ intent. Information System, of which NOAA is bycatch in commercial fisheries, but These four species are currently a partner, and by the American provided an allowance for the landing managed under the 2006 Consolidated Fisheries Society. Because the genus of fish unavoidably killed, provided that HMS FMP. The procedures established Kajikia was adopted after the enactment they were not sold. For its part of the by the 2006 Consolidated HMS FMP the MSA and its subsequent rebuilding program, the United States and Atlantic HMS regulations allow reauthorization, it is not identified in agreed to continue limiting recreational NMFS to modify the species in the that Act as a genus in the definition of landings of Atlantic blue and white management unit, and the specification ‘‘highly migratory species.’’ marlin to 250 fish, annually, maintain of the species groups to which they Nevertheless, at the time that Congress its regulations prohibiting the retention belong, using a framework adjustment defined HMS in the MSA in 1990 and of marlins by U.S. pelagic longline implemented by regulation, where again in 2007, as described above, the vessels, and continue monitoring appropriate. intent was to include white marlin billfish tournaments. within the HMS definition and to On December 18, 2002 (67 FR 77434), Roundscale Spearfish—Interpretive continue to manage that species via NMFS published a final rule requiring Rule Secretarial management. all vessel owners fishing for Atlantic As a result of scientific research, a This action will amend the MSA HMS to obtain an Atlantic HMS ‘‘new’’ billfish species called roundscale implementing regulations and the recreational Angling category permit. spearfish was identified in 2006. This Atlantic HMS regulations to reflect the On January 7, 2003 (68 FR 711), NMFS species was previously thought to be the recent taxonomic change. same as white marlin because they are published a final rule establishing a Effects of this Interpretive Rule and nearly indistinguishable by size, shape mandatory reporting system for all non- Final Action tournament recreational landings of and color. DNA testing and other Atlantic marlins, sailfish, and identifying factors confirmed the The modifications to the Atlantic swordfish, effective in March 2003. taxonomic distinction between billfish regulations to implement these These requirements, in combination roundscale spearfish and white marlin. changes are administrative in nature with mandatory tournament reporting This newly recognized species, only, and will not alter any current and the NC and MD catch card roundscale spearfish, is not currently fishery management measures, fishing programs, are improving the ability of listed in the implementing regulations practices, requirements, or other the United States to accurately monitor of the MSA or the Atlantic HMS restrictions because roundscale all recreational landings of Atlantic regulations; therefore, technically, it is spearfish are already effectively marlins, sailfish, and swordfish; not included in the Atlantic HMS managed as white marlin. This however, non-compliance by management unit. Roundscale spearfish interpretive rule and final action are recreational anglers remains a have effectively been managed as white necessary to maintain the management significant issue. NMFS is continuing to marlin (with the same size limit and unit as intended under the MSA, ATCA, review various methodologies to authorized gear as white marlin) due to and international management identify the most appropriate approach difficulties in identifying and agreements as currently implemented. for estimating recreational marlin distinguishing them from white marlin NMFS will designate essential fish landings. and because roundscale spearfish habitat (EFH) for roundscale spearfish to On October 2, 2006, NMFS published weren’t known to exist prior to 2006. be the same as the existing EFH the Final Consolidated HMS FMP (71 In light of the research findings, designated for white marlin. Some FR 58058), which, among other things, NMFS publishes an interpretive rule to information used to designate white included the annual recreational 250 recognize roundscale spearfish as part of marlin EFH included both roundscale blue and white marlin landings limit, the definition of ‘‘HMS’’ in the MSA. To spearfish and white marlin as a result of established framework procedures to ensure clarity in the regulations, this the difficulty in distinguishing them adjust inseason marlin size limits, and action will add the recently recognized and a lack of awareness of the need to carried forward the ability to use species, roundscale spearfish do so. As additional information about framework procedures to establish or (Tetrapturus georgii), to the definitions these species becomes available, the modify certain management measures in the implementing regulations of the EFH for roundscale spearfish and white including, but not limited to, species in MSA, the Atlantic HMS regulations, and marlin may be updated accordingly. the management unit and the the Atlantic HMS management unit. NMFS has determined that these specification of the species groups to Roundscale spearfish will continue to changes are consistent with which they belong. be managed the same as white marlin, Congressional intent, as described The MSA defines HMS as ‘‘tuna including provisions for in-season size above, as well as with recent scientific species, marlin (Tetrapturus spp. and limit modification and catch and release findings and scientifically accepted Makaira spp.), oceanic sharks, sailfishes only due to the difficulty of identifying nomenclature changes. These changes (Istiophorus spp.), and swordfish the species and separating it from white are consistent with input and advice (Xiphias gladius).’’ Prior to the addition marlin. Roundscale spearfish will be from billfish experts in the scientific of the HMS definition in the MSA, included in the current 250 recreational community and will allow NMFS to when the Regional Fishery Management marlin landings limit. As new more accurately and appropriately Councils managed Atlantic HMS, the information becomes available, different manage Atlantic billfish species using

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the latest scientific nomenclature and Dated: September 16, 2010 § 635.5 Recordkeeping and reporting. species determinations. Eric C. Schwaab, * * * * * Classification Assistant Administrator For Fisheries, (c) * * * National Marine Fisheries Services. (2) The owner, or the owner(’s) The Assistant Administrator for ■ For the reasons set out in the designee, of a vessel permitted, or Fisheries has determined that this preamble, 50 CFR parts 600 and 635 are required to be permitted, in the Atlantic interpretive rule and final action is amended as follows: HMS Angling or Atlantic HMS Charter/ consistent with the Consolidated HMS Headboat category must report all non- Chapter VI FMP, the Magnuson-Stevens Act, tournament landings of Atlantic blue ATCA, and other applicable law. PART 600—MAGNUSON-STEVENS marlin, Atlantic white marlin, This action is administrative in nature ACT PROVISIONS roundscale spearfish, and Atlantic and is exempt from the requirement to sailfish, and all non-tournament and prepare an environmental assessment in 1. The authority citation for part 600 non-commercial landings of North accordance with NAO 216–6 because continues to read as follows: Atlantic swordfish to NMFS by this final action will have no effect on Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 telephone to a number designated by the environment. et seq. NMFS, or electronically via the internet This final action has been determined ■ 2. In § 600.10, the definitions of to an internet website designated by to be not significant for purposes of ‘‘Billfish’’ and ‘‘White marlin’’ are NMFS, or by other means as specified Executive Order 12866. revised, and the definition of by NMFS, within 24 hours of that The Assistant Administrator waives ‘‘Roundscale spearfish’’ is added in landing. * * * the notice and comment requirements of alphabetical order. The revisions and ■ 6. In § 635.20, redesignate paragraph the Administrative Procedure Act under addition read as follows: (d)(4) as paragraph (d)(5); add a new paragraph (d)(4) and revise newly 5 U.S.C. 553 (b)(A) because the § 600.10 Definitions. recognition of roundscale spearfish as a redesignated paragraph (d)(5) to read as new species of billfish is an * * * * * follows: interpretation of the definition of ‘‘HMS’’ Billfish means Atlantic billfish (blue § 635.20 Size Limits. in the MSA. The modifications to the marlin, white marlin, sailfish, longbill Atlantic billfish regulations to add spearfish, or roundscale spearfish). * * * * * roundscale spearfish to the definitions * * * * * (d) * * * are administrative in nature only, and Roundscale spearfish means the (4) No person shall take, retain or will not alter any current fishery species Tetrapturus georgii, or a part possess a roundscale spearfish taken management measures, fishing thereof. from its management unit that is less practices, requirements, or other * * * * * than 66 inches (168 cm), LJFL. restrictions because roundscale White Marlin means the species (5) The Atlantic blue marlin, white spearfish are already effectively Kajikia albidus, or a part thereof. marlin, and roundscale spearfish managed as white marlin. * * * * * minimum size limits, specified in The Assistant Administrator finds paragraphs (d)(1) and (d)(2) of this good cause under 5 U.S.C. 553 (b)(B) to PART 635—ATLANTIC HIGHLY section, may be adjusted to sizes waive the notice and comment MIGRATORY SPECIES between 117 and 138 inches (297.2 and requirements of the Administrative 350.5 cm) for blue marlin and 70 and 79 3. The authority citation for part 635 inches (177.8 and 200.7 cm) for white Procedure Act because it is unnecessary. continues to read as follows: The change to the genus of white marlin marlin and roundscale spearfish, to Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. achieve, but not exceed, the annual from Tetrapturus to Kajikia is a change 1801 et seq. to nomenclature that will have no Atlantic marlin landing limit specified ■ 4. In § 635.2, the definition for ‘‘Highly impact on fishermen. in § 635.27(d). Minimum size limit migratory species (HMS)’’ and paragraph increases will be based upon a review Because prior notice and opportunity (1) of the definition for ‘‘Management of landings, the period of time for public comment are not required for unit’’ are revised to read as follows: remaining in the current fishing year, this rule by 5 U.S.C. 553, or any other current and historical landing trends, law, the analytical requirements of the § 635.2 Definitions. and any other relevant factors. NMFS Regulatory Flexibility Act, 5 U.S. C. 601 * * * * * will adjust the minimum size limits et seq., are inapplicable. Highly migratory species (HMS) specified in this section by filing an List of Subjects means bluefin, bigeye, yellowfin, adjustment with the Office of the albacore, and skipjack tunas; swordfish; Federal Register for publication. In no 50 CFR Part 600 sharks (listed in appendix A to this case shall the adjustments be effective Administrative practice and part); white marlin; blue marlin; less than 14 calendar days after the date procedure, Confidential business sailfish; longbill spearfish; and of publication. The adjusted minimum information, Fisheries, Fishing, Fishing roundscale spearfish. size limits will remain in effect through vessels, Foreign relations, * * * * * the end of the applicable fishing year or Intergovernmental relations, Penalties, Management unit means in this part: until otherwise adjusted. Reporting and recordkeeping (1) For Atlantic tunas, longbill * * * * * spearfish, roundscale spearfish, blue requirements, Statistics. ■ marlin, and white marlin, means all fish 7. In § 635.21, paragraph (e)(2)(i) is 50 CFR Part 635 of these species in the Atlantic Ocean; revised to read as follows: Fisheries, Fishing, Fishing vessels, * * * * * § 635.21 Gear operation and deployment Foreign relations, Imports, Penalties, ■ 5. In § 635.5, the first sentence of restrictions. Reporting and recordkeeping paragraph (c)(2) is revised to read as * * * * * requirements, Treaties. follows: (e) * * *

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(2) * * * marlin landings limit, as specified in eviscerate such billfish, but it must (i) Only persons who have been paragraph (d)(1) of this section, if otherwise be maintained whole. issued a valid HMS Angling or valid necessary, will be filed with the Office * * * * * Charter/Headboat permit, or who have of the Federal Register for publication ■ 11. In § 635.34, paragraph (a) is been issued a valid Atlantic Tunas prior to the start of the next fishing year revised to read as follows: General category permit and are or as early as possible. participating in a tournament as (3) When the annual marlin landings § 635.34 Adjustment of management provided in 635.4 (c) of this part, may limit specified in paragraph (d)(1) or, if measures. possess a blue marlin, white marlin, or adjusted, as specified in paragraph (a) NMFS may adjust the catch limits roundscale spearfish in, or take a blue (d)(2) of this section is reached or for BFT, as specified in § 635.23; the marlin, white marlin, or roundscale projected to be reached, based upon a quotas for BFT, shark and swordfish, as spearfish from, its management unit. review of landings, the period of time specified in § 635.27; the marlin landing Blue marlin, white marlin, or remaining in the current fishing year, limit, as specified in § 635.27(d); and roundscale spearfish may only be current and historical landings trends, the minimum sizes for Atlantic blue harvested by rod and reel. and any other relevant factors, NMFS marlin, white marlin, and roundscale * * * * * will file for publication with the Office spearfish as specified in § 635.20. ■ 8. In § 635.27, paragraph (d) is revised of the Federal Register and action * * * * * restricting fishing for Atlantic blue to read as follows: ■ 12. In § 635.71, paragraphs (c)(5) and marlin, white marlin, and roundscale (c)(8) are revised to read as follows: § 635.27 Quotas. spearfish to catch-and-release fishing * * * * * only. In no case shall such adjustment § 635.71 Prohibitions. (d) Atlantic blue and white marlin. (1) be effective less than 14 calendar days * * * * * Effective January 1, 2007, and consistent after the date of publication. From the (c) * * * with ICCAT recommendations and effective date and time of such action (5) Retain onboard a vessel a longbill domestic management objectives, NMFS until additional landings become spearfish, or a blue marlin, white will establish the annual landings limit available, no blue marlin, white marlin, marlin, roundscale spearfish, or sailfish of Atlantic blue and white marlin to be or roundscale spearfish from the that is less than the minimum size taken, retained, or possessed by persons management unit may be taken, specified in § 635.20(d). retained, or possessed. and vessels subject to U.S. jurisdiction. * * * * * For the year 2007 and thereafter, unless * * * * * (8) Take, retain, or possess an Atlantic adjusted under paragraph (d)(2) of this ■ 9. In § 635.29, paragraph (a) is revised blue marlin, white marlin, and section or by ICCAT recommendation, to read as follows: roundscale spearfish when the fishery this annual landings limit is 250 § 635.29 Transfer at sea. for these species has been restricted to Atlantic blue and white marlin, catch and release fishing only, as combined. Effective January 1, 2011, (a) Persons may not transfer an specified in § 635.27(d). annual landings of roundscale spearfish Atlantic tuna, blue marlin, white * * * * * are also included to the blue and white marlin, roundscale spearfish, or [FR Doc. 2010–23689 Filed 9–21–10; 8:45 am] marlin annual landings limit. Should swordfish at sea in the Atlantic Ocean, BILLING CODE 3510–22–S the U.S. recreational Atlantic marlin regardless of where the fish was landing limit be adjusted by an ICCAT harvested. However, an owner or recommendation, NMFS will file a operator of a vessel for which a Purse DEPARTMENT OF COMMERCE notice identifying the new landing limit Seine category Atlantic Tunas category with the Office of the Federal Register permit has been issued under § 635.4 National Oceanic and Atmospheric for publication prior to the start of the may transfer large medium and giant Administration next fishing year or as early as possible. BFT at sea from the net of the catching (2) Consistent with ICCAT vessel to another vessel for which a 50 CFR Part 679 recommendations and domestic Purse Seine category Atlantic Tunas management objectives, and based on permit has been issued, provided the [Docket No. 010131362–0087–02] landings statistics and other information amount transferred does not cause the as appropriate, if NMFS determines that receiving vessel to exceed its currently RIN 0648–XZ13 aggregate landings of Atlantic blue authorized vessel allocation, including incidental catch limits. Fisheries of the Exclusive Economic marlin, white marlin, and roundscale Zone Off Alaska; Pollock in Statistical spearfish exceeded the annual landings * * * * * Area 630 of the Gulf of Alaska limit for a given fishing year, as ■ 10. In § 635.30, paragraph (b) is established in paragraph (d)(1) of this revised to read as follows: AGENCY: National Marine Fisheries section, NMFS will subtract any Service (NMFS), National Oceanic and overharvest from the landings limit for § 635.30 Possession at sea and landing. Atmospheric Administration (NOAA), the following fishing year. Additionally, * * * * * Commerce. if NMFS determines that aggregate (b) Billfish. Any person that possesses ACTION: Temporary rule; modification landings of Atlantic blue marlin, white a blue marlin, white marlin, or of a closure. marlin, and roundscale spearfish were roundscale spearfish taken from its below the annual landings limit for a management unit or a sailfish taken SUMMARY: NMFS is reopening directed given fishing year, as established in shoreward of the outer boundary of the fishing for pollock in Statistical Area paragraph (d)(1) of this section, NMFS EEZ or lands a blue marlin, white 630 of the Gulf of Alaska (GOA). This may add any underharvest, or portion marlin, or roundscale spearfish in an action is necessary to fully use the C thereof, to the landings limit for the Atlantic coastal port must maintain season allowance of the 2010 total following fishing year. Such such billfish with its head, fins, and bill allowable catch of pollock specified for adjustments to the annual recreational intact through offloading. Persons may Statistical Area 630 of the GOA.

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