Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 21015-21017 [2012-8474]
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Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Rules and Regulations
Ordering Clauses
93. Accordingly, it is ordered that the
Petitions for Reconsideration filed by
Robert A. Lynch on July 28, 2009, and
Edward A. Schober on July 28, 2009, are
granted in part to extent set forth above.
94. It is further ordered that the
Petitions for Reconsideration filed by
CSN International on February 4, 2008;
National Religious Broadcasters on
February 15, 2008; and Positive
Alternative Radio, Inc. and Educational
Media Foundation on February 19,
2008, are dismissed as moot.
95. It is further ordered that pursuant
to the authority contained in sections
4(i), 301, 302, 303(e), 303(f) and 303(r)
of the Communications Act of 1934, as
amended, 47 U.S.C, 154(i), 301, 302,
303(e), 303(f) and 303(r), and the Local
Community Radio Act of 2010, Public
Law 111–371, 124 Stat. 4072 (2011), this
Fourth Report and Order is hereby
adopted and Part 74 of the
Commission’s rules are amended as set
forth in Appendix D, effective 30 days
after publication in the Federal
Register.
96. It is further ordered that the rules
adopted herein will become effective
thirty (30) days after publication in the
Federal Register, except for any rules or
requirements involving Paperwork
Reduction Act burdens, which shall
become effective upon announcement in
the Federal Register of OMB approval
and an effective date of the rule(s).
97. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Fourth Report and Order, including
the Final Regulatory Flexibility
Analysis, to the Chief Counsel for
Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 74
Radio.
Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary.
Rule changes
pmangrum on DSK3VPTVN1PROD with RULES
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 74 to
read as follows:
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
1. The authority citation for part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 307, 309,
336, and 554.
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14:49 Apr 06, 2012
2. Section 74.1232(d) is revised to
read as follows:
■
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§ 74.1232 Eligibility and licensing
requirements.
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*
*
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(d) An authorization for an FM
translator whose coverage contour
extends beyond the protected contour of
the commercial primary station will not
be granted to the licensee or permittee
of a commercial FM radio broadcast
station. Similarly, such authorization
will not be granted to any person or
entity having any interest whatsoever,
or any connection with a primary FM
station. Interested and connected parties
extend to group owners, corporate
parents, shareholders, officers, directors,
employees, general and limited
partners, family members and business
associates. For the purposes of this
paragraph, the protected contour of the
primary station shall be defined as
follows: the predicted 0.5mV/m contour
for commercial Class B stations, the
predicted 0.7 mV/m contour for
commercial Class B1 stations and the
predicted 1 mV/m field strength contour
for all other FM radio broadcast stations.
The contours shall be as predicted in
accordance with § 73.313(a) through (d)
of this chapter. In the case of an FM
radio broadcast station authorized with
facilities in excess of those specified by
§ 73.211 of this chapter, a co-owned
commercial FM translator will only be
authorized within the protected contour
of the class of station being rebroadcast,
as predicted on the basis of the
maximum powers and heights set forth
in that section for the applicable class
of FM broadcast station concerned. An
FM translator station in operation prior
to March 1, 1991, which is owned by a
commercial FM (primary) station and
whose coverage contour extends beyond
the protected contour of the primary
station, may continue to be owned by
such primary station until March 1,
1994. Thereafter, any such FM translator
station must be owned by independent
parties. An FM translator station in
operation prior to June 1, 1991, which
is owned by a commercial FM radio
broadcast station and whose coverage
contour extends beyond the protected
contour of the primary station, may
continue to be owned by a commercial
FM radio broadcast station until June 1,
1994. Thereafter, any such FM translator
station must be owned by independent
parties. An FM translator providing
service to an AM fill-in area will be
authorized only to the permittee or
licensee of the AM radio broadcast
station being rebroadcast, or, in the case
of an FM translator authorized to
operate on an unreserved channel, to a
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21015
party with a valid rebroadcast consent
agreement with such a permittee or
licensee to rebroadcast that station as
the translator’s primary station. In
addition, any FM translator providing
service to an AM fill-in area must have
been authorized by a license or
construction permit in effect as of May
1, 2009, or pursuant to an application
that was pending as of May 1, 2009. A
subsequent modification of any such
FM translator will not affect its
eligibility to rebroadcast an AM signal.
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[FR Doc. 2012–8404 Filed 4–6–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 110210132–1275–02]
RIN 0648–XB116
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
Angling category retention limit
adjustment; southern area trophy fishery
closure.
AGENCY:
NMFS has determined that
the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels
permitted in the Highly Migratory
Species (HMS) Charter/Headboat
category (when fishing recreationally for
BFT) should be adjusted for the
remainder of 2012, based on
consideration of the regulatory
determination criteria regarding
inseason adjustments and based on
preliminary 2012 landings data. NMFS
also closes the southern area Angling
category fishery for large medium and
giant (‘‘trophy’’) BFT. These actions are
being taken consistent with the BFT
fishery management objectives of the
2006 Consolidated HMS Fishery
Management Plan (Consolidated HMS
FMP) and to prevent overharvest of the
2012 Angling category quota.
DATES: Effective April 7, 2012, through
December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
SUMMARY:
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Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Rules and Regulations
authority of the Atlantic Tunas
Convention Act (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 allocated by the International
Commission for the Conservation of
Atlantic Tunas (ICCAT) among the
various domestic fishing categories, per
the allocations established in the
Consolidated HMS FMP (71 FR 58058,
October 2, 2006) and in accordance with
implementing regulations.
The 2012 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
quota, began January 1, 2012. The
Angling category season opened January
1, 2012, and continues through
December 31, 2012. Currently, the
default Angling category daily retention
limit of one school, large school, or
small medium BFT (measuring 27 to
less than 73 inches (68.5 to less than
185 cm)) applies (§ 635.23(b)(2)). An
annual limit of one large medium or
giant BFT (73 inches or greater) per
vessel also applies (§ 635.23(b)(1)).
These retention limits apply to HMS
Angling and HMS Charter/Headboat
category permitted vessels (when
fishing recreationally for BFT).
The currently codified Angling
category quota is 182 mt (94.9 mt for
school BFT, 82.9 mt for large school/
small medium BFT, and 4.2 mt for large
medium/giant BFT).
pmangrum on DSK3VPTVN1PROD with RULES
Adjustment of Angling Category Daily
Retention Limit
Under § 635.23(b)(3), NMFS may
increase or decrease the retention limit
for any size class of BFT 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;
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14:49 Apr 06, 2012
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• 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
• Review of dealer reports, daily
landing trends, and the availability of
the BFT on the fishing grounds.
Retention limits may be adjusted
separately for specific vessel type, such
as private vessels, headboats, or
charterboats.
NMFS has considered the set of
criteria cited above and their
applicability to the Angling category
BFT retention limit for the 2012 Angling
category fishery. NMFS examined the
results of the 2008 through 2011 fishing
seasons under the applicable daily
retention limits, as well as the observed
trend in the recreational fishery over
that time period toward heavier fish,
particularly in the small medium size
range (59 to less than 73 inches). Data
and dockside observations from 2008
through 2011 indicated a shift in
availability to the large school/small
medium size class (47 to less than 73
inches (119 to less than 185 cm)),
particularly to large school BFT (47 to
less than 59 inches (119 to less than 150
cm)) in 2008 and to small medium BFT
in 2009 through 2011. Large school and
small medium BFT traditionally have
been managed as one size class (47 to
less than 73 inches). Over the last 5
years, NMFS has found that as this
cohort of fish aged and grew in weight
but remained under 73 inches (i.e., the
upper range of the large school/small
medium size class), the large school/
small medium subquota was attained
with fewer fish landed.
In 2010 and in 2011, based on
considerations of the available quota,
fishery performance in recent years, and
the availability of BFT on the fishing
grounds, NMFS adjusted the Angling
category retention limit from the default
level to prohibit the retention of small
medium BFT for the remainder of the
respective fishing years (75 FR 33531,
June 14, 2010, and 76 FR 18416, April
4, 2011). Recognizing the different
nature, socio-economic needs, and
recent landings results of private and
charter/headboat vessels, NMFS
implemented separate limits for each.
Effective June 12 through December 31,
2010, and effective April 2 through
December 31, 2011, the limit was one
school or large school BFT per vessel
per day/trip for private vessels (i.e.,
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Frm 00030
Fmt 4700
Sfmt 4700
those with HMS Angling category
permits), and was one school BFT and
one large school BFT per vessel per day/
trip for charter vessels (i.e., those with
HMS Charter/Headboat permits, when
fishing recreationally for BFT).
It is important that NMFS constrain
landings to BFT subquotas both to
adhere to the current FMP quota
allocations and to ensure that landings
are as consistent as possible with the
pattern of fishing mortality (e.g., fish
caught at each age) that was assumed in
the projections of stock rebuilding.
However, based on the annual growth
rate of BFT and preliminary 2012
recreational catch information, it is
reasonable to assume that the cohort of
fish described above largely has grown
to greater than 73 inches, i.e., has
moved through the recreational large
school/small medium size class.
Based on current considerations of the
available quota, fishery performance in
recent years, and the availability of BFT
on the fishing grounds, NMFS has
determined that the Angling category
retention limit applicable to HMS
Charter/Headboat category participants
(when fishing recreationally) should be
adjusted from the default level, and that
implementation of separate limits for
private and charter/headboat vessels is
appropriate, recognizing the different
nature, socio-economic needs, and
recent landings results of the two
components of the recreational BFT
fishery. For example, charter operators
historically have indicated that a multifish retention limit is vital to their
ability to attract customers. In addition,
2011 Large Pelagics Survey estimates
indicate that charter/headboat BFT
landings constitute approximately 35
percent of recent recreational landings,
with the remaining 65 percent landed
by private vessels.
Therefore, for private vessels (i.e.,
those with HMS Angling category
permits), the limit is maintained at one
school, large school, or small medium
BFT per vessel per day/trip (i.e., one
BFT measuring 27 to less than 73
inches). For charter vessels (i.e., those
with HMS Charter/Headboat permits),
the limit is one school BFT and one
large school/small medium BFT per
vessel per day/trip when fishing
recreationally for BFT (i.e., one BFT
measuring 27 to less than 47 inches, and
one BFT measuring 47 to less than 73
inches). These retention limits are
effective in all areas, except for the Gulf
of Mexico, where NMFS prohibits
targeted fishing for BFT. Regardless of
the duration of a fishing trip, the daily
retention limit applies upon landing.
NMFS anticipates that the BFT daily
retention limits in this action will result
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Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Rules and Regulations
in landings during 2012 that would not
exceed the available subquotas as
codified in 2011. However, NMFS will
monitor 2012 landings closely and will
adjust the daily retention limit further
through additional inseason actions if
warranted.
The determination to adjust the daily
retention limit is based primarily on: the
usefulness of information obtained from
recreational BFT catches for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)); catch to date
and the likelihood of closure of the
Angling category if no adjustment is
made (§ 635.27(a)(8)(ii)); the effects of
the adjustment on accomplishing the
objectives of the Consolidated HMS
FMP (§ 635.27(a)(8)(vi)); variations in
seasonal distribution, abundance, or
migration patterns of BFT
(§ 635.27(a)(8)(vii)); and the anticipated
availability of school, large school, and
small medium BFT on the fishing
grounds (§ 635.27(a)(8)(ix)).
pmangrum on DSK3VPTVN1PROD with RULES
Angling Category Large Medium and
Giant ‘‘Trophy’’ Fishery Closure
The codified BFT quotas provide for
4.2 mt of large medium and giant
(trophy) BFT (measuring greater than 73
inches) to be harvested from the
regulatory area by vessels fishing under
the Angling category quota, with 1.4 mt
for the area north of 39°18′ N. lat. (off
Great Egg Inlet, NJ) and 2.8 mt for the
area south of 39°18′ N. lat.
Based on information from the NMFS
Automated Landings Reporting System
and the North Carolina Tagging
Program, NMFS has determined that the
codified Angling category trophy BFT
subquota has been taken and that a
closure of the southern area trophy BFT
fishery is warranted at this time.
Therefore, fishing for, retaining,
possessing, or landing large medium or
giant (‘‘trophy’’) BFT south of 39°18′ N.
lat. by persons aboard vessels permitted
in the HMS Angling category and the
HMS Charter/Headboat category (when
fishing recreationally) must cease at
11:30 p.m. local time on April 7, 2012.
This action is taken consistent with the
regulations at § 635.28(a)(1).
These Angling category actions are
intended to provide a reasonable
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14:49 Apr 06, 2012
Jkt 226001
opportunity to harvest the U.S. quota of
BFT without exceeding it, while
maintaining an equitable distribution of
fishing opportunities; and to be
consistent with the objectives of the
Consolidated HMS FMP.
HMS Angling and HMS Charter/
Headboat category permit holders may
catch and release (or tag and release)
BFT of all sizes, subject to the
requirements of the catch-and-release
and tag-and-release programs at
§ 635.26. Anglers are also reminded that
all BFT that are released must be
handled in a manner that will maximize
survivability, and without removing the
fish from the water, consistent with
requirements at § 635.21(a)(1). For
additional information on safe handling,
see the Careful Catch and Release
brochure available at
www.nmfs.noaa.gov/sfa/hms/.
If needed, subsequent Angling
category adjustments 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.
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. Based on available BFT quotas,
fishery performance in recent years, the
availability of BFT on the fishing
grounds, among other considerations, an
adjustment to the recreational BFT daily
retention limit is warranted. Analysis of
available data shows that adjustment to
the BFT daily retention limit from the
default level would result in minimal
risks of exceeding the ICCAT-allocated
quota.
Furthermore, closure of the southern
area Angling category trophy fishery is
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Fmt 4700
Sfmt 9990
21017
necessary to ensure sufficient quota
remains available to ensure overall 2012
fishing year landings are consistent with
ICCAT recommendations and the
Consolidated HMS FMP. NMFS
provides notification of closures and
retention limit adjustments by
publishing the notice in the Federal
Register, emailing individuals who have
subscribed to the Atlantic HMS News
electronic newsletter, and updating the
information posted on the Atlantic
Tunas Information Line and on
www.hmspermits.gov.
These fisheries are currently
underway and delaying this action
would be contrary to the public interest
as it could result in excessive trophy
BFT landings that potentially could
result in future quota reductions for the
Angling category and other BFT quota
categories, depending on the magnitude
of any Angling category overharvest.
NMFS must close the southern area
trophy BFT fishery before additional
landings of these sizes of BFT
accumulate. Delays in increasing the
daily recreational BFT retention limits
would adversely affect those Charter/
Headboat category vessels that would
otherwise have an opportunity to
harvest more than the default retention
limit of one school, large school, or
small medium BFT per day/trip and
may exacerbate the problem of low
catch rates and quota rollovers.
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 all of the above 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
§§ 635.23(b)(3) and 635.28(a)(1), and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: April 3, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–8474 Filed 4–4–12; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Rules and Regulations]
[Pages 21015-21017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8474]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 110210132-1275-02]
RIN 0648-XB116
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 Angling category retention limit
adjustment; southern area trophy fishery closure.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels permitted in the Highly
Migratory Species (HMS) Charter/Headboat category (when fishing
recreationally for BFT) should be adjusted for the remainder of 2012,
based on consideration of the regulatory determination criteria
regarding inseason adjustments and based on preliminary 2012 landings
data. NMFS also closes the southern area Angling category fishery for
large medium and giant (``trophy'') BFT. These actions are being taken
consistent with the BFT fishery management objectives of the 2006
Consolidated HMS Fishery Management Plan (Consolidated HMS FMP) and to
prevent overharvest of the 2012 Angling category quota.
DATES: Effective April 7, 2012, through December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the
[[Page 21016]]
authority of the Atlantic Tunas Convention Act (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 allocated by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the Consolidated HMS FMP (71 FR 58058,
October 2, 2006) and in accordance with implementing regulations.
The 2012 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2012. The Angling category season opened January 1, 2012, and continues
through December 31, 2012. Currently, the default Angling category
daily retention limit of one school, large school, or small medium BFT
(measuring 27 to less than 73 inches (68.5 to less than 185 cm))
applies (Sec. 635.23(b)(2)). An annual limit of one large medium or
giant BFT (73 inches or greater) per vessel also applies (Sec.
635.23(b)(1)). These retention limits apply to HMS Angling and HMS
Charter/Headboat category permitted vessels (when fishing
recreationally for BFT).
The currently codified Angling category quota is 182 mt (94.9 mt
for school BFT, 82.9 mt for large school/small medium BFT, and 4.2 mt
for large medium/giant BFT).
Adjustment of Angling Category Daily Retention Limit
Under Sec. 635.23(b)(3), NMFS may increase or decrease the
retention limit for any size class of BFT 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
Review of dealer reports, daily landing trends, and the
availability of the BFT on the fishing grounds.
Retention limits may be adjusted separately for specific vessel
type, such as private vessels, headboats, or charterboats.
NMFS has considered the set of criteria cited above and their
applicability to the Angling category BFT retention limit for the 2012
Angling category fishery. NMFS examined the results of the 2008 through
2011 fishing seasons under the applicable daily retention limits, as
well as the observed trend in the recreational fishery over that time
period toward heavier fish, particularly in the small medium size range
(59 to less than 73 inches). Data and dockside observations from 2008
through 2011 indicated a shift in availability to the large school/
small medium size class (47 to less than 73 inches (119 to less than
185 cm)), particularly to large school BFT (47 to less than 59 inches
(119 to less than 150 cm)) in 2008 and to small medium BFT in 2009
through 2011. Large school and small medium BFT traditionally have been
managed as one size class (47 to less than 73 inches). Over the last 5
years, NMFS has found that as this cohort of fish aged and grew in
weight but remained under 73 inches (i.e., the upper range of the large
school/small medium size class), the large school/small medium subquota
was attained with fewer fish landed.
In 2010 and in 2011, based on considerations of the available
quota, fishery performance in recent years, and the availability of BFT
on the fishing grounds, NMFS adjusted the Angling category retention
limit from the default level to prohibit the retention of small medium
BFT for the remainder of the respective fishing years (75 FR 33531,
June 14, 2010, and 76 FR 18416, April 4, 2011). Recognizing the
different nature, socio-economic needs, and recent landings results of
private and charter/headboat vessels, NMFS implemented separate limits
for each. Effective June 12 through December 31, 2010, and effective
April 2 through December 31, 2011, the limit was one school or large
school BFT per vessel per day/trip for private vessels (i.e., those
with HMS Angling category permits), and was one school BFT and one
large school BFT per vessel per day/trip for charter vessels (i.e.,
those with HMS Charter/Headboat permits, when fishing recreationally
for BFT).
It is important that NMFS constrain landings to BFT subquotas both
to adhere to the current FMP quota allocations and to ensure that
landings are as consistent as possible with the pattern of fishing
mortality (e.g., fish caught at each age) that was assumed in the
projections of stock rebuilding. However, based on the annual growth
rate of BFT and preliminary 2012 recreational catch information, it is
reasonable to assume that the cohort of fish described above largely
has grown to greater than 73 inches, i.e., has moved through the
recreational large school/small medium size class.
Based on current considerations of the available quota, fishery
performance in recent years, and the availability of BFT on the fishing
grounds, NMFS has determined that the Angling category retention limit
applicable to HMS Charter/Headboat category participants (when fishing
recreationally) should be adjusted from the default level, and that
implementation of separate limits for private and charter/headboat
vessels is appropriate, recognizing the different nature, socio-
economic needs, and recent landings results of the two components of
the recreational BFT fishery. For example, charter operators
historically have indicated that a multi-fish retention limit is vital
to their ability to attract customers. In addition, 2011 Large Pelagics
Survey estimates indicate that charter/headboat BFT landings constitute
approximately 35 percent of recent recreational landings, with the
remaining 65 percent landed by private vessels.
Therefore, for private vessels (i.e., those with HMS Angling
category permits), the limit is maintained at one school, large school,
or small medium BFT per vessel per day/trip (i.e., one BFT measuring 27
to less than 73 inches). For charter vessels (i.e., those with HMS
Charter/Headboat permits), the limit is one school BFT and one large
school/small medium BFT per vessel per day/trip when fishing
recreationally for BFT (i.e., one BFT measuring 27 to less than 47
inches, and one BFT measuring 47 to less than 73 inches). These
retention limits are effective in all areas, except for the Gulf of
Mexico, where NMFS prohibits targeted fishing for BFT. Regardless of
the duration of a fishing trip, the daily retention limit applies upon
landing.
NMFS anticipates that the BFT daily retention limits in this action
will result
[[Page 21017]]
in landings during 2012 that would not exceed the available subquotas
as codified in 2011. However, NMFS will monitor 2012 landings closely
and will adjust the daily retention limit further through additional
inseason actions if warranted.
The determination to adjust the daily retention limit is based
primarily on: the usefulness of information obtained from recreational
BFT catches for biological sampling and monitoring of the status of the
stock (Sec. 635.27(a)(8)(i)); catch to date and the likelihood of
closure of the Angling category if no adjustment is made (Sec.
635.27(a)(8)(ii)); the effects of the adjustment on accomplishing the
objectives of the Consolidated HMS FMP (Sec. 635.27(a)(8)(vi));
variations in seasonal distribution, abundance, or migration patterns
of BFT (Sec. 635.27(a)(8)(vii)); and the anticipated availability of
school, large school, and small medium BFT on the fishing grounds
(Sec. 635.27(a)(8)(ix)).
Angling Category Large Medium and Giant ``Trophy'' Fishery Closure
The codified BFT quotas provide for 4.2 mt of large medium and
giant (trophy) BFT (measuring greater than 73 inches) to be harvested
from the regulatory area by vessels fishing under the Angling category
quota, with 1.4 mt for the area north of 39[deg]18' N. lat. (off Great
Egg Inlet, NJ) and 2.8 mt for the area south of 39[deg]18' N. lat.
Based on information from the NMFS Automated Landings Reporting
System and the North Carolina Tagging Program, NMFS has determined that
the codified Angling category trophy BFT subquota has been taken and
that a closure of the southern area trophy BFT fishery is warranted at
this time. Therefore, fishing for, retaining, possessing, or landing
large medium or giant (``trophy'') BFT south of 39[deg]18' N. lat. by
persons aboard vessels permitted in the HMS Angling category and the
HMS Charter/Headboat category (when fishing recreationally) must cease
at 11:30 p.m. local time on April 7, 2012. This action is taken
consistent with the regulations at Sec. 635.28(a)(1).
These Angling category actions are 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;
and to be consistent with the objectives of the Consolidated HMS FMP.
HMS Angling and HMS Charter/Headboat category permit holders may
catch and release (or tag and release) BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs at
Sec. 635.26. Anglers are also reminded that all BFT that are released
must be handled in a manner that will maximize survivability, and
without removing the fish from the water, consistent with requirements
at Sec. 635.21(a)(1). For additional information on safe handling, see
the Careful Catch and Release brochure available at www.nmfs.noaa.gov/sfa/hms/.
If needed, subsequent Angling category adjustments 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.
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. Based
on available BFT quotas, fishery performance in recent years, the
availability of BFT on the fishing grounds, among other considerations,
an adjustment to the recreational BFT daily retention limit is
warranted. Analysis of available data shows that adjustment to the BFT
daily retention limit from the default level would result in minimal
risks of exceeding the ICCAT-allocated quota.
Furthermore, closure of the southern area Angling category trophy
fishery is necessary to ensure sufficient quota remains available to
ensure overall 2012 fishing year landings are consistent with ICCAT
recommendations and the Consolidated HMS FMP. NMFS provides
notification of closures and retention limit adjustments by publishing
the notice in the Federal Register, emailing individuals who have
subscribed to the Atlantic HMS News electronic newsletter, and updating
the information posted on the Atlantic Tunas Information Line and on
www.hmspermits.gov.
These fisheries are currently underway and delaying this action
would be contrary to the public interest as it could result in
excessive trophy BFT landings that potentially could result in future
quota reductions for the Angling category and other BFT quota
categories, depending on the magnitude of any Angling category
overharvest. NMFS must close the southern area trophy BFT fishery
before additional landings of these sizes of BFT accumulate. Delays in
increasing the daily recreational BFT retention limits would adversely
affect those Charter/Headboat category vessels that would otherwise
have an opportunity to harvest more than the default retention limit of
one school, large school, or small medium BFT per day/trip and may
exacerbate the problem of low catch rates and quota rollovers.
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 all of the
above 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 Sec. Sec. 635.23(b)(3) and
635.28(a)(1), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: April 3, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-8474 Filed 4-4-12; 4:15 pm]
BILLING CODE 3510-22-P
