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DOC/NOAA RIN: 0648-AV92 Publication ID: Fall 2008 
Title: Atlantic Highly Migratory Species (HMS); Atlantic Tunas; Fishing Gear Authorization, Operation, and Deployment Restrictions; Sea Turtle Control Devices  
Abstract: The National Marine Fisheries Service (NMFS) would define and authorize green-stick fishing gear for harvesting of Atlantic tunas as appropriate and consistent with the bluefin tuna (BFT) rebuilding plan, the Atlantic Tunas Convention Act, and the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP). The intent of this rule is to allow Atlantic tuna fishermen additional flexibility to use a fishing gear effective for Atlantic tunas. This rule also would authorize harpoon use for Atlantic tunas fishing on Charter/Headboat category permitted vessels. The intent of this change would be to provide uniformity in application of regulations relevant to the landing of commercial-sized BFT under the General Category quota. NMFS also would make mandatory the possession and use of sea turtle control devices as part of the already required sea turtle bycatch mitigation gear to facilitate dehooking of sea turtles (endangered or threatened depending on species) caught incidentally in pelagic or bottom longline gear for Atlantic HMS. The benefit of this action would be to maximize safe and efficient gear removal from incidentally captured sea turtles, minimizing the potential for serious injury or mortality potential from remaining gear. These actions would be consistent with the BFT rebuilding plan and with the HMS FMP. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 635   
Legal Authority: 16 USC 971 et seq    16 USC 1801 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  09/23/2008  73 FR 54721   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Alan Risenhoover
Director, Office of Sustainable Fisheries
Department of Commerce
National Oceanic and Atmospheric Administration
NMFS, 1315 East-West Highway, Room 13362,
Silver Spring, MD 20910
Phone:301 713-2334
Fax:301 713-0596
Email: alan.risenhoover@noaa.gov