Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 31546-31547 [2012-12929]
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31546
Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations
(i) Possible sources of data that could
contribute to the decision to modify the
mitigation, monitoring, or reporting
measures in an LOA:
(A) Results from MBNMS’s
monitoring from the previous year(s).
(B) Results from other marine
mammal and/or sound research or
studies.
(C) Any information that reveals
marine mammals may have been taken
in a manner, extent or number not
authorized by these regulations or
subsequent LOAs.
(ii) If, through adaptive management,
the modifications to the mitigation,
monitoring, or reporting measures are
substantial, NMFS will publish a notice
of proposed LOA in the Federal
Register and solicit public comment.
(2) Emergencies—If NMFS determines
that an emergency exists that poses a
significant risk to the well-being of the
species or stocks of marine mammals
specified in § 217.13(b) of this chapter,
an LOA may be modified without prior
notice or opportunity for public
comment. Notification would be
published in the Federal Register
within 30 days of the action.
[FR Doc. 2012–12964 Filed 5–25–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 110210132–1275–02]
RIN 0648–XC035
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure of
incidental Longline category southern
area fishery.
AGENCY:
NMFS closes the incidental
Longline category southern area fishery
for large medium and giant Atlantic
bluefin tuna (BFT) for the remainder of
2012. Fishing for, retaining, possessing,
or landing BFT in the Longline category
southern area is prohibited for the
remainder of 2012. This action is being
taken to prevent any further overharvest
of the Longline category southern area
BFT subquota.
DATES: Effective 11:30 p.m., local time,
May 29, 2012, through December 31,
2012.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
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(a) subdivides the
U.S. BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, consistent with the
allocations established in the 2006
Consolidated Atlantic Highly Migratory
Species Fishery Management Plan
(Consolidated HMS FMP) (71 FR 58058,
October 2, 2006) and subsequent
rulemaking.
Under § 635.27(a)(3), the total amount
of large medium and giant BFT
(measuring 73 inches (185 cm) curved
fork length (CFL) or greater) that may be
caught incidentally and retained,
possessed, or landed by vessels that
possess Longline category Atlantic
Tunas permits is 8.1 percent of the
baseline annual U.S. BFT quota. No
more than 60 percent of the Longline
category incidental BFT quota may be
allocated for landing in the area south
of 31°00’ N. lat. (i.e., the ‘‘southern
area’’). The current Longline category
baseline BFT quota is 74.8 mt, with 44.9
mt allocated to the southern area.
NMFS is required, under
§ 635.28(a)(1), to file a closure notice
with the Office of the Federal Register
for publication when a BFT quota is
reached or is projected to be reached.
On and after the effective date and time
of such notification, for the remainder of
the fishing year, or for a specified period
as indicated in the notification, fishing
for, retaining, possessing, or landing
BFT under that quota category is
prohibited until the opening of the
subsequent quota period or until such
date as specified in the notice.
Based on the best available BFT
landings information for the incidental
Longline category southern area BFT
fishery (i.e., 46.9 mt of the available 44.9
mt landed as of May 16, 2012), NMFS
has determined that the Longline
category southern area BFT subquota
has been reached. Therefore, through
December 31, 2012, landing large
medium or giant BFT south of 31°00′ N.
lat. by vessels permitted in the Atlantic
tunas Longline category must cease at
11:30 p.m. local time on May 29, 2012.
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This action is taken consistent with the
regulations at §§ 635.27(a)(3) and
635.28(a)(1). The intent of this closure is
to prevent any further overharvest of the
Longline category southern area BFT
subquota.
NMFS will continue to monitor
incidental Longline category BFT
landings north of 31°00’ N. lat. against
the available Longline category northern
area BFT subquota for the 2012 fishing
year and may take further action, if
necessary. Any subsequent adjustments
to the Longline category fishery for 2012
would be published in the Federal
Register. In addition, fishermen may
call (978) 281–9260, or access
www.hmspermits.gov, for fishery
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 closure of the Longline category
southern area BFT fishery, i.e.,
prohibiting further BFT landings against
the Longline category southern area is
necessary to prevent any further
overharvest of the 2012 Longline
southern area BFT subquota. NMFS
provides notification of closures 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 BFT
landings, which could have adverse
effects on the stock and/or may result in
future potential quota reductions for the
Longline category. NMFS must close the
Longline category southern area fishery
to landings before large medium and
giant BFT further exceed the available
subquota for that area. 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 30day delay in effectiveness.
This action is being taken under
§§ 635.27(a)(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.
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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations
Dated: May 23, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–12929 Filed 5–23–12; 4:15 pm]
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31547
]]>Agencies
[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31546-31547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12929]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 110210132-1275-02]
RIN 0648-XC035
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure of incidental Longline category
southern area fishery.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the incidental Longline category southern area
fishery for large medium and giant Atlantic bluefin tuna (BFT) for the
remainder of 2012. Fishing for, retaining, possessing, or landing BFT
in the Longline category southern area is prohibited for the remainder
of 2012. This action is being taken to prevent any further overharvest
of the Longline category southern area BFT subquota.
DATES: Effective 11:30 p.m., local time, May 29, 2012, through December
31, 2012.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the 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(a) subdivides the U.S. BFT quota recommended
by the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, consistent with
the allocations established in the 2006 Consolidated Atlantic Highly
Migratory Species Fishery Management Plan (Consolidated HMS FMP) (71 FR
58058, October 2, 2006) and subsequent rulemaking.
Under Sec. 635.27(a)(3), the total amount of large medium and
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or
greater) that may be caught incidentally and retained, possessed, or
landed by vessels that possess Longline category Atlantic Tunas permits
is 8.1 percent of the baseline annual U.S. BFT quota. No more than 60
percent of the Longline category incidental BFT quota may be allocated
for landing in the area south of 31[deg]00' N. lat. (i.e., the
``southern area''). The current Longline category baseline BFT quota is
74.8 mt, with 44.9 mt allocated to the southern area.
NMFS is required, under Sec. 635.28(a)(1), to file a closure
notice with the Office of the Federal Register for publication when a
BFT quota is reached or is projected to be reached. On and after the
effective date and time of such notification, for the remainder of the
fishing year, or for a specified period as indicated in the
notification, fishing for, retaining, possessing, or landing BFT under
that quota category is prohibited until the opening of the subsequent
quota period or until such date as specified in the notice.
Based on the best available BFT landings information for the
incidental Longline category southern area BFT fishery (i.e., 46.9 mt
of the available 44.9 mt landed as of May 16, 2012), NMFS has
determined that the Longline category southern area BFT subquota has
been reached. Therefore, through December 31, 2012, landing large
medium or giant BFT south of 31[deg]00' N. lat. by vessels permitted in
the Atlantic tunas Longline category must cease at 11:30 p.m. local
time on May 29, 2012. This action is taken consistent with the
regulations at Sec. Sec. 635.27(a)(3) and 635.28(a)(1). The intent of
this closure is to prevent any further overharvest of the Longline
category southern area BFT subquota.
NMFS will continue to monitor incidental Longline category BFT
landings north of 31[deg]00' N. lat. against the available Longline
category northern area BFT subquota for the 2012 fishing year and may
take further action, if necessary. Any subsequent adjustments to the
Longline category fishery for 2012 would be published in the Federal
Register. In addition, fishermen may call (978) 281-9260, or access
www.hmspermits.gov, for fishery 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 closure of the Longline category southern area BFT fishery,
i.e., prohibiting further BFT landings against the Longline category
southern area is necessary to prevent any further overharvest of the
2012 Longline southern area BFT subquota. NMFS provides notification of
closures 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 BFT landings, which could have adverse effects on the stock
and/or may result in future potential quota reductions for the Longline
category. NMFS must close the Longline category southern area fishery
to landings before large medium and giant BFT further exceed the
available subquota for that area. 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. 635.27(a)(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.
[[Page 31547]]
Dated: May 23, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-12929 Filed 5-23-12; 4:15 pm]
BILLING CODE 3510-22-P
