Atlantic Highly Migratory Species; Commercial Porbeagle Shark Fishery Closure, 32036-32037 [2012-13190]

Download as PDF 32036 Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations a Tribal Allotment. As noted above, an applicant applying in the TQ Window, who was not the original proponent of the Tribal Allotment at the rulemaking stage, must demonstrate that it would have qualified in all respects to add the particular Tribal Allotment for which it is applying. Form 301 contains a new question in Section II—Legal titled ‘‘Tribal Priority-Threshold Qualifications.’’ An applicant answering ‘‘yes’’ to the question must provide an Exhibit demonstrating that it meets all of the Tribal Priority eligibility criteria. The Instructions for the Form 301 have been revised to assist applicants with completing the responsive Exhibit. In addition, Form 301 contains a new option under Section I—General Information—Application Purpose, titled ‘‘New Station with Petition for Rulemaking to Amend FM Table of Allotments using Tribal Priority.’’ A petitioner seeking to add a Tribal Allotment to the FM Table of Allotments must file Form 301 when submitting its Petition for Rule Making. This new Application Purpose field will assist the staff in quickly identifying Form 301 applications filed in connection with a petition to add a Tribal Allotment and initiating the ‘‘threshold qualification’’ procedures. This information collection is being revised to accommodate applicants applying in a Threshold Qualifications Window for a Tribal Allotment that had been added to the FM Table of Allotments using the Tribal Priority under the new ‘‘threshold qualifications’’ procedures adopted in the Third R&O. OMB approved the information collection requirements and form revisions for this collection on April 27, 2012. Federal Communications Commission. Bulah P. Wheeler, Deputy Manager, Office of the Secretary, Office of Managing Director. [FR Doc. 2012–13130 Filed 5–30–12; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration mstockstill on DSK4VPTVN1PROD with RULES1 50 CFR Part 635 RIN 0648–XC044 Atlantic Highly Migratory Species; Commercial Porbeagle Shark Fishery Closure National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Mar<15>2010 16:27 May 30, 2012 Jkt 226001 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; fishery closure. NMFS is closing the commercial fishery for porbeagle sharks. This action is necessary because landings for the 2012 fishing season have reached at least 80 percent of the available quota. DATES: The commercial porbeagle shark fishery is closed effective 11:30 p.m. local time May 30, 2012, until, and if, NMFS announces in the Federal Register that additional quota is available and the season is reopened. FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper, 301–427–8503; fax 301–713–1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and its implementing regulations found at 50 CFR part 635 issued under authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Under § 635.5(b)(1), shark dealers are required to report to NMFS all sharks landed every two weeks. Dealer reports for fish received between the 1st and 15th of any month must be received by NMFS by the 25th of that month. Dealer reports for fish received between the 16th and the end of any month must be received by NMFS by the 10th of the following month. Under § 635.28(b)(2), when NMFS projects that fishing season landings for a species group have reached or are about to reach 80 percent of the available quota, NMFS will file for publication with the Office of the Federal Register a closure action for that shark species group that will be effective no fewer than 5 days from the date of filing. From the effective date and time of the closure until NMFS announces in the Federal Register that additional quota is available and the season is reopened, the fishery for that species group is closed, even across fishing years. On January 24, 2012 (77 FR 3393), NMFS announced that the porbeagle shark fishery for the 2012 fishing year was open and the available porbeagle shark quota was 0.7 metric tons (mt) dressed weight (dw) (1,585 lb dw). Dealer reports through May 17, 2012, indicate that 0.67 mt dw or 93.3 percent of the available quota for porbeagle sharks has been landed. Dealer reports received to date indicate that 4.3 percent of the quota was landed from the opening of the fishery on January 24, SUMMARY: PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 2012, through March 6, 2012; 12.2 percent of the quota was landed from March 7, 2012, through March 28, 2012; 5.7 percent was landed from March 29, 2012, through April 17, 2012; and 71.1 percent of the quota was landed from April 18, 2012, through May 17, 2012. The fishery has reached 93.3 percent of the quota, which exceeds the 80 percent limit specified in the regulations. Accordingly, NMFS is closing the commercial porbeagle shark fishery as of 11:30 p.m. local time May 30, 2012. This closure does not affect any other shark fishery. During the closure, retention of porbeagle sharks is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit under 50 CFR 635.4, unless the vessel is properly permitted to operate as a charter vessel or headboat for HMS and is engaged in a for-hire trip, in which case the recreational retention limits for sharks and ‘‘no sale’’ provisions apply (50 CFR 635.22(a) and (c)). A shark dealer issued a permit pursuant to § 635.4 may not purchase or receive porbeagle sharks from a vessel issued an Atlantic shark limited access permit (LAP), except that a permitted shark dealer or processor may possess porbeagle sharks that were harvested, off-loaded, and sold, traded, or bartered, prior to the effective date of the closure and were held in storage. Under this closure, a shark dealer issued a permit pursuant to § 635.4 may, in accordance with state regulations, purchase or receive a porbeagle sharks if the sharks were harvested, off-loaded, and sold, traded, or bartered from a vessel that fishes only in state waters and that has not been issued an Atlantic Shark LAP, HMS Angling permit, or HMS Charter/ Headboat permit pursuant to § 635.4. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing for prior notice and public comment for this action is impracticable and contrary to the public interest because the fishery is currently underway, and any delay in this action would cause overharvest of the quota and be inconsistent with management requirements and objectives. If the quota is exceeded, the affected public is likely to experience reductions in the available quota and a lack of fishing opportunities in future seasons. For these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required under § 635.28(b)(2) and is exempt from review under Executive Order 12866. E:\FR\FM\31MYR1.SGM 31MYR1 Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations Authority: 16 U.S.C. 1801 et seq. Dated: May 24, 2012. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–13190 Filed 5–25–12; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 111213751–2102–02] RIN 0648–XC052 Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of closure. AGENCY: NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2012 total allowable catch (TAC) of northern rockfish in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 25, 2012, through 2400 hrs, A.l.t., December 31, 2012. Comments must be received at the following address no later than 4:30 p.m., A.l.t., June 11, 2012. ADDRESSES: You may submit comments on this document, identified by RIN 0648–XC052, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ‘‘submit a comment’’ icon, then enter RIN 0648–XC052 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 mstockstill on DSK4VPTVN1PROD with RULES1 SUMMARY: VerDate Mar<15>2010 16:27 May 30, 2012 Jkt 226001 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 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 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: Steve Whitney, 907–586–7269. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI 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. Pursuant to the final 2012 and 2013 harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012), NMFS closed the directed fishery for northern rockfish under 679.2(d)(1)(iii). As of May 23, 2012, NMFS has determined that approximately 4,308 metric tons of northern rockfish remain unharvested in the BSAI. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the 2012 TAC of northern PO 00000 Frm 00063 Fmt 4700 Sfmt 9990 32037 rockfish in the BSAI, NMFS is terminating the previous closure and is opening directed fishing for northern rockfish in the BSAI. This will enhance the socioeconomic well-being of harvesters in this area. The Administrator, Alaska Region (Regional Administrator) considered the following factors in reaching this decision: (1) The current catch of northern rockfish in the BSAI and, (2) the harvest capacity and stated intent on future harvesting patterns of vessels in participating in this fishery. Classification This action responds to the best available information recently obtained from the fishery. The Acting 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 679.25(c)(1)(ii) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the opening of northern rockfish in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 23, 2012. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. Without this inseason adjustment, NMFS could not allow the fishery for northern rockfish in the BSAI to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until June 11, 2012. This action is required by§ 679.20 and § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 25, 2012. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–13221 Filed 5–25–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\31MYR1.SGM 31MYR1

Agencies

[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Rules and Regulations]
[Pages 32036-32037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13190]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XC044


Atlantic Highly Migratory Species; Commercial Porbeagle Shark 
Fishery Closure

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; fishery closure.

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SUMMARY: NMFS is closing the commercial fishery for porbeagle sharks. 
This action is necessary because landings for the 2012 fishing season 
have reached at least 80 percent of the available quota.

DATES: The commercial porbeagle shark fishery is closed effective 11:30 
p.m. local time May 30, 2012, until, and if, NMFS announces in the 
Federal Register that additional quota is available and the season is 
reopened.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper, 
301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, and its implementing 
regulations found at 50 CFR part 635 issued under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    Under Sec.  635.5(b)(1), shark dealers are required to report to 
NMFS all sharks landed every two weeks. Dealer reports for fish 
received between the 1st and 15th of any month must be received by NMFS 
by the 25th of that month. Dealer reports for fish received between the 
16th and the end of any month must be received by NMFS by the 10th of 
the following month. Under Sec.  635.28(b)(2), when NMFS projects that 
fishing season landings for a species group have reached or are about 
to reach 80 percent of the available quota, NMFS will file for 
publication with the Office of the Federal Register a closure action 
for that shark species group that will be effective no fewer than 5 
days from the date of filing. From the effective date and time of the 
closure until NMFS announces in the Federal Register that additional 
quota is available and the season is reopened, the fishery for that 
species group is closed, even across fishing years.
    On January 24, 2012 (77 FR 3393), NMFS announced that the porbeagle 
shark fishery for the 2012 fishing year was open and the available 
porbeagle shark quota was 0.7 metric tons (mt) dressed weight (dw) 
(1,585 lb dw). Dealer reports through May 17, 2012, indicate that 0.67 
mt dw or 93.3 percent of the available quota for porbeagle sharks has 
been landed. Dealer reports received to date indicate that 4.3 percent 
of the quota was landed from the opening of the fishery on January 24, 
2012, through March 6, 2012; 12.2 percent of the quota was landed from 
March 7, 2012, through March 28, 2012; 5.7 percent was landed from 
March 29, 2012, through April 17, 2012; and 71.1 percent of the quota 
was landed from April 18, 2012, through May 17, 2012. The fishery has 
reached 93.3 percent of the quota, which exceeds the 80 percent limit 
specified in the regulations. Accordingly, NMFS is closing the 
commercial porbeagle shark fishery as of 11:30 p.m. local time May 30, 
2012. This closure does not affect any other shark fishery.
    During the closure, retention of porbeagle sharks is prohibited for 
persons fishing aboard vessels issued a commercial shark limited access 
permit under 50 CFR 635.4, unless the vessel is properly permitted to 
operate as a charter vessel or headboat for HMS and is engaged in a 
for-hire trip, in which case the recreational retention limits for 
sharks and ``no sale'' provisions apply (50 CFR 635.22(a) and (c)). A 
shark dealer issued a permit pursuant to Sec.  635.4 may not purchase 
or receive porbeagle sharks from a vessel issued an Atlantic shark 
limited access permit (LAP), except that a permitted shark dealer or 
processor may possess porbeagle sharks that were harvested, off-loaded, 
and sold, traded, or bartered, prior to the effective date of the 
closure and were held in storage. Under this closure, a shark dealer 
issued a permit pursuant to Sec.  635.4 may, in accordance with state 
regulations, purchase or receive a porbeagle sharks if the sharks were 
harvested, off-loaded, and sold, traded, or bartered from a vessel that 
fishes only in state waters and that has not been issued an Atlantic 
Shark LAP, HMS Angling permit, or HMS Charter/Headboat permit pursuant 
to Sec.  635.4.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing for prior notice and public 
comment for this action is impracticable and contrary to the public 
interest because the fishery is currently underway, and any delay in 
this action would cause overharvest of the quota and be inconsistent 
with management requirements and objectives. If the quota is exceeded, 
the affected public is likely to experience reductions in the available 
quota and a lack of fishing opportunities in future seasons. For these 
reasons, the AA also finds good cause to waive the 30-day delay in 
effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required 
under Sec.  635.28(b)(2) and is exempt from review under Executive 
Order 12866.


[[Page 32037]]


    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 24, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-13190 Filed 5-25-12; 4:15 pm]
BILLING CODE 3510-22-P