Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 76900-76902 [2011-31677]
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations
Effective Date: December 9, 2011.
Ms.
Cecelia L. Davis, Procurement Analyst,
at (202) 219–0202, for clarification of
content. Contact the Regulatory
Secretariat, at 1275 First Street NE.,
Washington, DC 20417, or (202) 501–
4755, for information pertaining to
status or publication schedules. Please
cite FAC 2005–54; Correction.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
DoD, GSA, and NASA published a
final rule, FAR Case 2011–014,
Successor Entities to the Netherlands
Antilles, in the Federal Register of
Wednesday, November 2, 2011 (76 FR
68039). The rule amended the Federal
Acquisition Regulation (FAR) by
revising the definitions of ‘‘Caribbean
Basin country’’ and ‘‘designated
country’’ due to the change in status of
the islands that comprised the
Netherlands Antilles.
Need for Correction
As published, the regulations contain
technical errors in the promulgated rule.
List of Subjects in 48 CFR Part 52
Government procurement.
Accordingly, 48 CFR part 52 is
corrected by making the following
correcting amendments:
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
1. The authority citation for 48 CFR
part 52 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 52.212–5 by—
a. Revising paragraph (b)(39); and
b. Removing from paragraph (b)(40)
‘‘(Aug 09)’’ and adding ‘‘(Nov 2011)’’ in
its place.
The revised text reads as follows:
■
■
■
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
sroberts on DSK5SPTVN1PROD with RULES
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*
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(b) * * *
__ (39)(i) 52.225–3, Buy American
Act—Free Trade Agreements—Israeli
Trade Act (June 2009) (41 U.S.C. 10a–
10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112
note, 19 U.S.C. 3805 note, Pub. L. 108–
77, 108–78, 108–286, 108–302, 109–53,
109–169, 109–283, and 110–138).
__ (ii) Alternate I (Jan 2004) of
52.225–3.
__ (iii) Alternate II (Jan 2004) of
52.225–3.
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Dated: December 5, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
[FR Doc. 2011–31654 Filed 12–8–11; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 110210132–1275–02]
RIN 0648–XA842
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
AGENCY:
NMFS has determined that
the Atlantic tunas General category
daily retention limit of Atlantic bluefin
tuna (BFT) should be adjusted for the
January 2012 subquota period, based on
consideration of the regulatory
determination criteria regarding
inseason adjustments. This action
applies to Atlantic tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels (when fishing commercially for
BFT).
DATES: Effective January 1, 2012,
through March 31, 2012.
FOR FURTHER INFORMATION CONTACT: Tom
Warren or Sarah McLaughlin, (978)
281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
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 2006 Consolidated
HMS Fishery Management Plan (2006
Consolidated HMS FMP) (71 FR 58058,
October 2, 2006) and subsequent
rulemakings.
SUMMARY:
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The 2012 BFT fishing year, which is
managed on a calendar year basis and
subject to an annual calendar year
quota, begins January 1, 2012. Starting
on January 1, 2012, the General category
daily retention limit (§ 635.23(a)(2))
reverts back to the default retention
limit of one large medium or giant BFT
(measuring 73 inches (185 cm) CFL) or
greater per vessel per day/trip under the
regulations unless otherwise provided.
This default retention limit applies to
General category permitted vessels and
HMS Charter/Headboat category
permitted vessels (when fishing
commercially for BFT).
Each of the General category time
periods (January, June-August,
September, October-November, and
December) is allocated a portion of the
annual General category quota, thereby
ensuring extended fishing opportunities
throughout the fishing season,
particularly in years when catch rates
are high. For the 2011 fishing year to
date, NMFS adjusted the General
category limit from the default level of
one large medium or giant BFT as
follows: Two large medium or giant BFT
for January (75 FR 79309, December 20,
2010); three large medium or giant BFT
for June through August (76 FR 32086,
June 3, 2011); three large medium or
giant BFT for September through
November 5, 2011 (76 FR 52886, August
24, 2011); and two large medium or
giant BFT for November 6 through
December 31, 2011 (76 FR 69137,
November 8, 2011). The November 6,
2011, adjustment to a limit of two large
medium or giant BFT was in
conjunction with an inseason quota
transfer of 50 mt from the Reserve
category to the General category.
The 2010 ICCAT recommendation
regarding western BFT management
resulted in baseline U.S. quotas for both
2011 and 2012 of 923.7 mt (not
including a 25-mt allocation that the
United States uses to account for
bycatch of BFT in pelagic longline
fisheries in the Northeast Distant Gear
Restricted Area (NED)). Consistent with
the allocation scheme established in the
Consolidated HMS FMP, the baseline
2012 General category share would be
435.1 mt, and the baseline 2012 January
General category subquota would be
23.1 mt.
In order to implement the ICCAT
recommendation for 2012, NMFS is
planning to publish proposed quota
specifications in the beginning of 2012
to set BFT quotas for each of the
established domestic fishing categories.
Until the 2012 quota specifications are
finalized (most likely in the spring of
2012), the January General category
baseline quota of 23.1 mt (established
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for 2011) remains in effect. In the
meantime, the General category BFT
fishery remains active into the winter,
with landings reported in November
and December.
Adjustment of General Category Daily
Retention Limits
Under current regulations (50 CFR
635.23(a)(4)), NMFS may increase or
decrease the daily retention limit of
large medium and giant BFT over a
range of zero to a maximum of five per
vessel based on consideration of the
criteria provided under § 635.27(a)(8),
which include: The usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock; the catches of the particular
category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made; the
projected ability of the vessels fishing
under the particular category quota to
harvest the additional amount of BFT
before the end of the fishing year; the
estimated amounts by which quotas for
other gear categories of the fishery might
be exceeded; effects of the adjustment
on BFT rebuilding and overfishing;
effects of the adjustment on
accomplishing the objectives of the
fishery management plan; variations in
seasonal distribution, abundance, or
migration patterns of BFT; effects of
catch rates in one area precluding
vessels in another area from having a
reasonable opportunity to harvest a
portion of the category’s quota; and a
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds. A recent
regulatory amendment (76 FR 74003,
November 30, 2011), increased the
maximum possible daily retention limit
to 5 fish. Although the default end of
the January subquota period is January
31, 2012, the regulatory amendment also
extends the allowable duration of the
January subquota period until the
January subquota has been harvested or
March 31, 2012, whichever comes first.
NMFS has considered the set of
criteria cited above and their
applicability to the General category
BFT retention limit for the January 2012
General category fishery. A principal
consideration is the objective of
providing opportunities to harvest the
full January subquota, without
exceeding it based upon the
Consolidated HMS FMP goal:
‘‘Consistent with other objectives of this
FMP, to manage Atlantic HMS fisheries
for continuing optimum yield so as to
provide the greatest overall benefit to
the Nation, particularly with respect to
food production, providing recreational
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15:52 Dec 08, 2011
Jkt 226001
opportunities, preserving traditional
fisheries, and taking into account the
protection of marine ecosystems’’. The
January subquota has been
underharvested in recent years. Under
the two fish limit that applied during
January 2011, January landings were 34
percent of the subquota (7.9 mt out of
the baseline January subquota of 23.1
mt). Similarly, during the 2010 January
subquota period, under a two fish limit,
11 percent of the baseline January
subquota was harvested (2.7 mt out of
the baseline January subquota of 23.8
mt). Based upon the ICCAT
recommended quota, the baseline 2012
General category January subquota
would also be 23.1 mt. Therefore, based
on these criteria, NMFS has determined
that the General category retention limit
should be increased from the one fish
default limit. Accordingly, NMFS
increases the General category retention
limit to two large medium or giant BFT,
measuring 73 inches CFL or greater, per
vessel per day/trip, effective January 1,
2012, through March 31, 2012, or until
the January subquota is harvested,
whichever comes first.
Although NMFS has the authority to
set the daily retention limit higher than
two BFT, under a relatively high limit
(and fish availability), the rate of harvest
of the January subquota could be
accelerated and result in a relatively
short fishing season. A short fishing
season may preclude or reduce fishing
opportunities for some individuals or
geographic areas. Therefore, in order to
maintain an equitable distribution of
fishing opportunities, a retention limit
closer to the low end of the allowable
range of retention limits (i.e., two fish)
is warranted. A potential ancillary
benefit from a subquota period that is
open for an extended duration is that
any scientific information (including
biological samples) collected from BFT
may be from fish collected over a
broader temporal and geographic range
than currently sampled. Lastly, fishery
participants have supported this
retention limit in prior seasons.
This General category retention limit
is effective in all areas, except for the
Gulf of Mexico, and applies to those
vessels permitted in the General
category as well as to those HMS
Charter/Headboat permitted vessels
fishing commercially for BFT.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example, whether a
vessel fishing under the General
category limit takes a two-day trip or
makes two trips in one day, the daily
limit of two fish may not be exceeded
upon landing.
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76901
This adjustment is intended to
provide a reasonable opportunity to
harvest the U.S. quota of BFT without
exceeding it, while maintaining an
equitable distribution of fishing
opportunities, to help achieve optimum
yield in the General category BFT
fishery, to collect a broad range of data
for stock monitoring purposes, and to be
consistent with the objectives of the
Consolidated HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention
limit for January 2012 after examining
an array of data as it pertains to the
determination criteria. These data
included, but were not limited to,
current and previous catch and effort
rates, quota availability, previous public
comments on inseason management
measures, and stock status. NMFS will
continue to monitor the BFT fishery
closely through the mandatory dealer
landing reports, which NMFS requires
to be submitted within 24 hours of a
dealer receiving BFT. Depending on the
level of fishing effort and catch rates of
BFT, NMFS may determine that future
adjustments to the retention limit are
necessary to ensure available quota is
not exceeded or to enhance scientific
data collection from, and fishing
opportunities in, all geographic areas.
Closure of the General category or
subsequent adjustments to the daily
retention limit, if any, will 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
www.hmspermits.gov, for updates on
quota monitoring and retention limit
adjustments.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
Consolidated HMS FMP provide for
inseason retention limit adjustments to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
the migratory nature of this species, and
the regional variations in the BFT
fishery. Affording prior notice and
opportunity for public comment to
implement these retention limits is
impracticable as it would preclude
NMFS from acting promptly to allow
harvest of BFT that are available on the
fishing grounds. Analysis of available
data shows that the General category
BFT retention limits may be increased
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations
with minimal risks of exceeding the
ICCAT-allocated quota.
Delays in increasing these retention
limits would adversely affect those
General and Charter/Headboat category
vessels that would otherwise have an
opportunity to harvest more than the
default retention limit of one BFT per
day and may exacerbate the problem of
low catch rates and quota rollovers.
Limited opportunities to harvest the
respective quotas may have negative
social and economic impacts for U.S.
fishermen that depend upon catching
the available quota within the time
periods designated in the Consolidated
HMS FMP. Adjustment of the retention
limit needs to be effective January 1,
2012, to minimize any unnecessary
disruption in fishing patterns and for
the impacted sectors to benefit from the
adjustments so as to not preclude
fishing opportunities for fishermen who
have access to the fishery only during
this time period. Therefore, the AA
finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment. For
these reasons, there is good cause under
5 U.S.C. 553(d) to waive the 30-day
delay in effectiveness.
This action is being taken under 50
CFR 635.23(a)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 6, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–31677 Filed 12–8–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126521–0640–02]
RIN 0648–XA857
Fisheries of the Exclusive Economic
Zone Off Alaska; Sculpins in the
Bering Sea Subarea of the Bering Sea
and Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; apportionment
of reserves; request for comments.
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AGENCY:
NMFS apportions amounts of
the non-specified reserve to the initial
total allowable catch of sculpins in the
SUMMARY:
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15:52 Dec 08, 2011
Jkt 226001
Bering Sea subarea of the Bering Sea
and Aleutian Islands management area.
This action is necessary to allow fishing
operations to continue. It is intended to
promote the goals and objectives of the
fishery management plan for the Bering
Sea and Aleutian Islands management
area.
DATES: Effective December 6, 2011
through 2400 hrs, Alaska local time,
December 31, 2011. Comments must be
received at the following address no
later than 4:30 p.m., Alaska local time,
December 21, 2011.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2011–0283, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2011–0283 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on that line.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
• Fax: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Fax comments to (907)
586–7557.
• Hand delivery to the Federal
Building: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Deliver comments to
709 West 9th Street, Room 420A,
Juneau, AK.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personal identifying
information (e.g., name, address)
submitted voluntarily by the sender will
be publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
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anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, (907) 586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI)
exclusive economic zone according to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2011 initial total allowable catch
(ITAC) of sculpins in the Bering Sea
subarea was established as 4,420 metric
tons (mt) by the final 2011 and 2012
harvest specifications for groundfish of
the BSAI (76 FR 11139, March 1, 2011).
In accordance with § 679.20(a)(3) the
Regional Administrator, Alaska Region,
NMFS, has reviewed the most current
available data and finds that the ITAC
for sculpins in the Bering Sea subarea
needs to be supplemented from the nonspecified reserve in order to promote
efficiency in the utilization of fishery
resources in the BSAI and allow fishing
operations to continue.
Therefore, in accordance with
§ 679.20(b)(3), NMFS apportions from
the non-specified reserve of groundfish
780 mt to the sculpins ITAC in the
Bering Sea subarea. This apportionment
is consistent with § 679.20(b)(1)(i) and
does not result in overfishing of a target
species because the revised ITAC is
equal to or less than the specifications
of the acceptable biological catch in the
final 2011 and 2012 harvest
specifications for groundfish in the
BSAI (76 FR 11139, March 1, 2011).
The harvest specification for the 2011
sculpins ITAC included in the harvest
specifications for groundfish in the
BSAI is revised as follows: 5,200 mt for
sculpins in the Bering Sea subarea.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA) finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) and
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]]>Agencies
[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76900-76902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31677]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 110210132-1275-02]
RIN 0648-XA842
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic tunas General category
daily retention limit of Atlantic bluefin tuna (BFT) should be adjusted
for the January 2012 subquota period, based on consideration of the
regulatory determination criteria regarding inseason adjustments. This
action applies to Atlantic tunas General category (commercial)
permitted vessels and Highly Migratory Species (HMS) Charter/Headboat
category permitted vessels (when fishing commercially for BFT).
DATES: Effective January 1, 2012, through March 31, 2012.
FOR FURTHER INFORMATION CONTACT: Tom Warren or Sarah McLaughlin, (978)
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery 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 2006 Consolidated HMS Fishery Management
Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and
subsequent rulemakings.
The 2012 BFT fishing year, which is managed on a calendar year
basis and subject to an annual calendar year quota, begins January 1,
2012. Starting on January 1, 2012, the General category daily retention
limit (Sec. 635.23(a)(2)) reverts back to the default retention limit
of one large medium or giant BFT (measuring 73 inches (185 cm) CFL) or
greater per vessel per day/trip under the regulations unless otherwise
provided. This default retention limit applies to General category
permitted vessels and HMS Charter/Headboat category permitted vessels
(when fishing commercially for BFT).
Each of the General category time periods (January, June-August,
September, October-November, and December) is allocated a portion of
the annual General category quota, thereby ensuring extended fishing
opportunities throughout the fishing season, particularly in years when
catch rates are high. For the 2011 fishing year to date, NMFS adjusted
the General category limit from the default level of one large medium
or giant BFT as follows: Two large medium or giant BFT for January (75
FR 79309, December 20, 2010); three large medium or giant BFT for June
through August (76 FR 32086, June 3, 2011); three large medium or giant
BFT for September through November 5, 2011 (76 FR 52886, August 24,
2011); and two large medium or giant BFT for November 6 through
December 31, 2011 (76 FR 69137, November 8, 2011). The November 6,
2011, adjustment to a limit of two large medium or giant BFT was in
conjunction with an inseason quota transfer of 50 mt from the Reserve
category to the General category.
The 2010 ICCAT recommendation regarding western BFT management
resulted in baseline U.S. quotas for both 2011 and 2012 of 923.7 mt
(not including a 25-mt allocation that the United States uses to
account for bycatch of BFT in pelagic longline fisheries in the
Northeast Distant Gear Restricted Area (NED)). Consistent with the
allocation scheme established in the Consolidated HMS FMP, the baseline
2012 General category share would be 435.1 mt, and the baseline 2012
January General category subquota would be 23.1 mt.
In order to implement the ICCAT recommendation for 2012, NMFS is
planning to publish proposed quota specifications in the beginning of
2012 to set BFT quotas for each of the established domestic fishing
categories. Until the 2012 quota specifications are finalized (most
likely in the spring of 2012), the January General category baseline
quota of 23.1 mt (established
[[Page 76901]]
for 2011) remains in effect. In the meantime, the General category BFT
fishery remains active into the winter, with landings reported in
November and December.
Adjustment of General Category Daily Retention Limits
Under current regulations (50 CFR 635.23(a)(4)), NMFS may increase
or decrease the daily retention limit of large medium and giant BFT
over a range of zero to a maximum of five per vessel based on
consideration of the criteria provided under Sec. 635.27(a)(8), which
include: The usefulness of information obtained from catches in the
particular category for biological sampling and monitoring of the
status of the stock; the catches of the particular category quota to
date and the likelihood of closure of that segment of the fishery if no
adjustment is made; the projected ability of the vessels fishing under
the particular category quota to harvest the additional amount of BFT
before the end of the fishing year; the estimated amounts by which
quotas for other gear categories of the fishery might be exceeded;
effects of the adjustment on BFT rebuilding and overfishing; effects of
the adjustment on accomplishing the objectives of the fishery
management plan; variations in seasonal distribution, abundance, or
migration patterns of BFT; effects of catch rates in one area
precluding vessels in another area from having a reasonable opportunity
to harvest a portion of the category's quota; and a review of dealer
reports, daily landing trends, and the availability of the BFT on the
fishing grounds. A recent regulatory amendment (76 FR 74003, November
30, 2011), increased the maximum possible daily retention limit to 5
fish. Although the default end of the January subquota period is
January 31, 2012, the regulatory amendment also extends the allowable
duration of the January subquota period until the January subquota has
been harvested or March 31, 2012, whichever comes first.
NMFS has considered the set of criteria cited above and their
applicability to the General category BFT retention limit for the
January 2012 General category fishery. A principal consideration is the
objective of providing opportunities to harvest the full January
subquota, without exceeding it based upon the Consolidated HMS FMP
goal: ``Consistent with other objectives of this FMP, to manage
Atlantic HMS fisheries for continuing optimum yield so as to provide
the greatest overall benefit to the Nation, particularly with respect
to food production, providing recreational opportunities, preserving
traditional fisheries, and taking into account the protection of marine
ecosystems''. The January subquota has been underharvested in recent
years. Under the two fish limit that applied during January 2011,
January landings were 34 percent of the subquota (7.9 mt out of the
baseline January subquota of 23.1 mt). Similarly, during the 2010
January subquota period, under a two fish limit, 11 percent of the
baseline January subquota was harvested (2.7 mt out of the baseline
January subquota of 23.8 mt). Based upon the ICCAT recommended quota,
the baseline 2012 General category January subquota would also be 23.1
mt. Therefore, based on these criteria, NMFS has determined that the
General category retention limit should be increased from the one fish
default limit. Accordingly, NMFS increases the General category
retention limit to two large medium or giant BFT, measuring 73 inches
CFL or greater, per vessel per day/trip, effective January 1, 2012,
through March 31, 2012, or until the January subquota is harvested,
whichever comes first.
Although NMFS has the authority to set the daily retention limit
higher than two BFT, under a relatively high limit (and fish
availability), the rate of harvest of the January subquota could be
accelerated and result in a relatively short fishing season. A short
fishing season may preclude or reduce fishing opportunities for some
individuals or geographic areas. Therefore, in order to maintain an
equitable distribution of fishing opportunities, a retention limit
closer to the low end of the allowable range of retention limits (i.e.,
two fish) is warranted. A potential ancillary benefit from a subquota
period that is open for an extended duration is that any scientific
information (including biological samples) collected from BFT may be
from fish collected over a broader temporal and geographic range than
currently sampled. Lastly, fishery participants have supported this
retention limit in prior seasons.
This General category retention limit is effective in all areas,
except for the Gulf of Mexico, and applies to those vessels permitted
in the General category as well as to those HMS Charter/Headboat
permitted vessels fishing commercially for BFT. Regardless of the
duration of a fishing trip, the daily retention limit applies upon
landing. For example, whether a vessel fishing under the General
category limit takes a two-day trip or makes two trips in one day, the
daily limit of two fish may not be exceeded upon landing.
This adjustment is intended to provide a reasonable opportunity to
harvest the U.S. quota of BFT without exceeding it, while maintaining
an equitable distribution of fishing opportunities, to help achieve
optimum yield in the General category BFT fishery, to collect a broad
range of data for stock monitoring purposes, and to be consistent with
the objectives of the Consolidated HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention limit for January 2012 after
examining an array of data as it pertains to the determination
criteria. These data included, but were not limited to, current and
previous catch and effort rates, quota availability, previous public
comments on inseason management measures, and stock status. NMFS will
continue to monitor the BFT fishery closely through the mandatory
dealer landing reports, which NMFS requires to be submitted within 24
hours of a dealer receiving BFT. Depending on the level of fishing
effort and catch rates of BFT, NMFS may determine that future
adjustments to the retention limit are necessary to ensure available
quota is not exceeded or to enhance scientific data collection from,
and fishing opportunities in, all geographic areas.
Closure of the General category or subsequent adjustments to the
daily retention limit, if any, will 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
www.hmspermits.gov, for updates on quota monitoring and retention limit
adjustments.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the Consolidated HMS FMP provide for
inseason retention limit adjustments to respond to the unpredictable
nature of BFT availability on the fishing grounds, the migratory nature
of this species, and the regional variations in the BFT fishery.
Affording prior notice and opportunity for public comment to implement
these retention limits is impracticable as it would preclude NMFS from
acting promptly to allow harvest of BFT that are available on the
fishing grounds. Analysis of available data shows that the General
category BFT retention limits may be increased
[[Page 76902]]
with minimal risks of exceeding the ICCAT-allocated quota.
Delays in increasing these retention limits would adversely affect
those General and Charter/Headboat category vessels that would
otherwise have an opportunity to harvest more than the default
retention limit of one BFT per day and may exacerbate the problem of
low catch rates and quota rollovers. Limited opportunities to harvest
the respective quotas may have negative social and economic impacts for
U.S. fishermen that depend upon catching the available quota within the
time periods designated in the Consolidated HMS FMP. Adjustment of the
retention limit needs to be effective January 1, 2012, to minimize any
unnecessary disruption in fishing patterns and for the impacted sectors
to benefit from the adjustments so as to not preclude fishing
opportunities for fishermen who have access to the fishery only during
this time period. Therefore, the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the opportunity for public comment.
For these reasons, there is good cause under 5 U.S.C. 553(d) to waive
the 30-day delay in effectiveness.
This action is being taken under 50 CFR 635.23(a)(4) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: December 6, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-31677 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-22-P
