Western Pacific Pelagic Fisheries; Modification of American Samoa Large Vessel Prohibited Area, 34260-34262 [2012-14146]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES 34260 Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Rules and Regulations near the beginning of the following fishing year to reduce the ACL for that following year by the amount of the overage in the prior fishing year. (C) The applicable commercial ACLs, in round weight, are 284,680 lb (129,129 kg) for 2012, 315,920 lb (143,299 kg) for 2013, and 343,200 lb (155,673 kg) for 2014 and subsequent fishing years. (ii) Recreational sector. (A) If recreational landings for red grouper, as estimated by the SRD, are projected to reach the applicable ACL in paragraph (b)(4)(ii)(C) of this section, the AA will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year. On and after the effective date of such a notification, the bag and possession limit is zero. This bag and possession limit applies in the South Atlantic on board a vessel for which a valid Federal charter vessel/headboat permit for South Atlantic snappergrouper has been issued, without regard to where such species were harvested, i.e. in state or Federal waters. (B) If recreational landings for red grouper, as estimated by the SRD, exceed the applicable ACL, the AA will file a notification with the Office of the Federal Register, to reduce the recreational ACL the following fishing year by the amount of the overage in the prior fishing year. (C) The applicable recreational ACLs, in round weight, are 362,320 lb (164,346 kg) for 2012, 402,080 lb (182,380 kg) for 2013, and 436,800 lb (198,129 kg) for 2014 and subsequent fishing years. (iii) Without regard to overfished status, if the combined commercial and recreational sector ACL (total ACL), as estimated by the SRD, is exceeded in a fishing year, then during the following fishing year, an automatic increase will not be applied to the commercial and recreational sector ACLs. The SRD will evaluate the landings data to determine whether or not an increase in the respective sector ACLs will be applied. The applicable combined commercial and recreational sector ACLs, in round weight are 647,000 lb (293,474 kg) for 2012, 718,000 lb (325,679 kg) for 2013, and 780,000 lb (353,802 kg) for 2014 and subsequent fishing years. (A) Following an overage of the total ACL, if there is no overage the following fishing year, the SRD will evaluate the landings data to determine whether or not an increase in the respective sector ACLs will be applied. (B) [Reserved] * * * * * [FR Doc. 2012–14137 Filed 6–8–12; 8:45 am] BILLING CODE 3510–22–P VerDate Mar<15>2010 17:40 Jun 08, 2012 Jkt 226001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 110909578–2120–02] RIN 0648–BB45 Western Pacific Pelagic Fisheries; Modification of American Samoa Large Vessel Prohibited Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: This final rule modifies certain boundaries of the large fishing vessel prohibited area around Tutuila, the Manua Islands, and Rose Atoll in American Samoa to align with the boundaries of the Rose Atoll Marine National Monument. This rule simplifies enforcement and administration of the management areas. DATES: This rule is effective July 11, 2012. ADDRESSES: The Western Pacific Fishery Management Council (Council) prepared a regulatory amendment that provides background information on this final rule. The regulatory amendment, identified as NOAA– NMFS–2011–0226, includes an environmental assessment and regulatory impact review, and is available from www.regulations.gov or the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522– 8220, fax 808–522–8226, www.wpcouncil.org. FOR FURTHER INFORMATION CONTACT: Adam Bailey, Sustainable Fisheries, NMFS PIR, 808–944–2248. SUPPLEMENTARY INFORMATION: A mix of small troll and longline vessels and larger longline and purse seine vessels target tunas and related fish in the U.S. Exclusive Economic Zone (EEZ) around American Samoa. In 2002, concerns about potential catch competition and gear conflicts between small and large vessels led to the implementation of two large vessel prohibited areas (LVPA), one around Swain’s Island and one around Tutuila, the Manua Islands, and Rose Atoll (67 FR 4369, January 30, 2002). In 2009, Presidential Proclamation 8337 created the Rose Atoll Marine National Monument (74 FR 1577, January 12, 2009). The monument includes Rose Atoll and surrounding waters to a distance approximately 50 SUMMARY: PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 nm around the atoll. The Proclamation prohibits commercial fishing in monument waters. The monument and the LVPA around Tutuila, the Manua Islands, and Rose Atoll overlap, but the boundaries do not align. This rule aligns some of the boundaries to simplify administration and enforcement of the two areas. This rule modifies the LVPA boundaries, as follows: (a) Move the existing northernmost LVPA boundary southward to align with the northern boundary of the monument; (b) Move the eastern LVPA boundary eastward to align with the eastern boundary of the monument; and (c) Move a portion of the southern LVPA boundary southward to align with the southern boundary of the monument. The western and most of the southern boundaries of the existing LVPA remain unchanged. Fig. 1 shows the revised boundaries of the LVPA. Comments and Responses On April 20, 2012, NMFS published a proposed rule and request for public comment (77 FR 23654). The comment period for the proposed rule ended on May 11, 2012. NMFS received no public comments. Changes From the Proposed Rule There are no changes in this final rule. Classification The Administrator, Pacific Islands Region, NMFS, determined that this action is necessary for the conservation and management of the large vessel pelagic fisheries around American Samoa, and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Council for Regulation of the Department of Commerce certified to the Chief Council for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. NMFS received no comments regarding this certification; as a result, a regulatory flexibility analysis was not required and none was prepared. BILLING CODE 3510–22–P E:\FR\FM\11JNR1.SGM 11JNR1 Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Rules and Regulations List of Subjects in 50 CFR Part 665 Administrative practice and procedure, American Samoa, Fishing, Longline, Marine national monuments, Prohibited area management, Purse seine, Rose Atoll. Dated: June 5, 2012. Alan D. Risenhoover, Acting Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR chapter VI is amended as follows: mstockstill on DSK4VPTVN1PROD with RULES PART 665—FISHERIES IN THE WESTERN PACIFIC 1. The authority citation for part 665 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 665.806(b)(1), revise the paragraph and table to read as follows: ■ § 665.806 Prohibited area management. * * * * * (b) * * * (1) Tutuila Island, Manua Islands, and Rose Atoll (AS–1). The large vessel prohibited area around Tutuila Island, the Manua Islands, and Rose Atoll consists of the waters of the EEZ around American Samoa enclosed by straight lines connecting the following coordinates: Point S. lat. AS–1–A ............................................................................................................................................................................ AS–1–B ............................................................................................................................................................................ VerDate Mar<15>2010 17:40 Jun 08, 2012 Jkt 226001 PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 E:\FR\FM\11JNR1.SGM 11JNR1 13°41′54″ 15°23′10″ W. long. 167°17′ 167°17′ ER11JN12.131</GPH> BILLING CODE 3510–22–C 34261 34262 Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Rules and Regulations Point S. lat. AS–1–C ............................................................................................................................................................................ AS–1–D ............................................................................................................................................................................ W. long. 15°23′10″ 15°13′ 169°00′42″ 169°00′42″ and from point AS–1–A westward along latitude 13°41′54″ S. until intersecting the U.S. EEZ boundary with Samoa, and from point AS–1–D westward along latitude 15°13′ S. until intersecting the U.S. EEZ boundary with Samoa. * * * * * FOR FURTHER INFORMATION CONTACT: [FR Doc. 2012–14146 Filed 6–8–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 111213751–2102–02] RIN 0648–XC061 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Aleutian District of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2012 allocation of Pacific ocean perch in this area allocated to vessels participating in the BSAI trawl limited access fishery. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 6, 2012, through 2400 hrs, A.l.t., December 31, 2012. mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:40 Jun 08, 2012 Jkt 226001 Steve Whitney, 907–586–7269. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 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 allocation of Pacific ocean perch, in the Western Aleutian District, allocated as a directed fishing allowance to vessels participating in the BSAI trawl limited access fishery was established as 149 metric tons (mt) by the final 2012 and 2013 harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Aleutian District by vessels participating in the BSAI trawl limited access fishery. After the effective dates of this closure, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained PO 00000 Frm 00084 Fmt 4700 Sfmt 9990 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) as such a 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 directed fishing closure of the Pacific ocean perch fishery in the Western Aleutian District by vessels participating in the BSAI trawl limited access fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 5, 2012. The AA also finds good cause to waive the 30day 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. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 6, 2012. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–14111 Filed 6–6–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\11JNR1.SGM 11JNR1

Agencies

[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Rules and Regulations]
[Pages 34260-34262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14146]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 110909578-2120-02]
RIN 0648-BB45


Western Pacific Pelagic Fisheries; Modification of American Samoa 
Large Vessel Prohibited Area

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule modifies certain boundaries of the large 
fishing vessel prohibited area around Tutuila, the Manua Islands, and 
Rose Atoll in American Samoa to align with the boundaries of the Rose 
Atoll Marine National Monument. This rule simplifies enforcement and 
administration of the management areas.

DATES: This rule is effective July 11, 2012.

ADDRESSES: The Western Pacific Fishery Management Council (Council) 
prepared a regulatory amendment that provides background information on 
this final rule. The regulatory amendment, identified as NOAA-NMFS-
2011-0226, includes an environmental assessment and regulatory impact 
review, and is available from www.regulations.gov or the Council, 1164 
Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-
522-8226, www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Adam Bailey, Sustainable Fisheries, 
NMFS PIR, 808-944-2248.

SUPPLEMENTARY INFORMATION: A mix of small troll and longline vessels 
and larger longline and purse seine vessels target tunas and related 
fish in the U.S. Exclusive Economic Zone (EEZ) around American Samoa. 
In 2002, concerns about potential catch competition and gear conflicts 
between small and large vessels led to the implementation of two large 
vessel prohibited areas (LVPA), one around Swain's Island and one 
around Tutuila, the Manua Islands, and Rose Atoll (67 FR 4369, January 
30, 2002).
    In 2009, Presidential Proclamation 8337 created the Rose Atoll 
Marine National Monument (74 FR 1577, January 12, 2009). The monument 
includes Rose Atoll and surrounding waters to a distance approximately 
50 nm around the atoll. The Proclamation prohibits commercial fishing 
in monument waters.
    The monument and the LVPA around Tutuila, the Manua Islands, and 
Rose Atoll overlap, but the boundaries do not align. This rule aligns 
some of the boundaries to simplify administration and enforcement of 
the two areas. This rule modifies the LVPA boundaries, as follows:
    (a) Move the existing northernmost LVPA boundary southward to align 
with the northern boundary of the monument;
    (b) Move the eastern LVPA boundary eastward to align with the 
eastern boundary of the monument; and
    (c) Move a portion of the southern LVPA boundary southward to align 
with the southern boundary of the monument.
    The western and most of the southern boundaries of the existing 
LVPA remain unchanged. Fig. 1 shows the revised boundaries of the LVPA.

Comments and Responses

    On April 20, 2012, NMFS published a proposed rule and request for 
public comment (77 FR 23654). The comment period for the proposed rule 
ended on May 11, 2012. NMFS received no public comments.

Changes From the Proposed Rule

    There are no changes in this final rule.

Classification

    The Administrator, Pacific Islands Region, NMFS, determined that 
this action is necessary for the conservation and management of the 
large vessel pelagic fisheries around American Samoa, and that it is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. NMFS received no comments 
regarding this certification; as a result, a regulatory flexibility 
analysis was not required and none was prepared.
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[GRAPHIC] [TIFF OMITTED] TR11JN12.131

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List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Fishing, 
Longline, Marine national monuments, Prohibited area management, Purse 
seine, Rose Atoll.

    Dated: June 5, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator For Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR chapter VI is 
amended as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 continues to read as follows:

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


0
2. In Sec.  665.806(b)(1), revise the paragraph and table to read as 
follows:


Sec.  665.806  Prohibited area management.

* * * * *
    (b) * * *
    (1) Tutuila Island, Manua Islands, and Rose Atoll (AS-1). The large 
vessel prohibited area around Tutuila Island, the Manua Islands, and 
Rose Atoll consists of the waters of the EEZ around American Samoa 
enclosed by straight lines connecting the following coordinates:

------------------------------------------------------------------------
              Point                     S. lat.            W. long.
------------------------------------------------------------------------
AS-1-A..........................  13[deg]41'54''      167[deg]17'
AS-1-B..........................  15[deg]23'10''      167[deg]17'

[[Page 34262]]

 
AS-1-C..........................  15[deg]23'10''      169[deg]00'42''
AS-1-D..........................  15[deg]13'          169[deg]00'42''
------------------------------------------------------------------------
  and from point AS-1-A westward along latitude 13[deg]41'54'' S. until
  intersecting the U.S. EEZ boundary with Samoa, and from point AS-1-D
  westward along latitude 15[deg]13' S. until intersecting the U.S. EEZ
                          boundary with Samoa.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2012-14146 Filed 6-8-12; 8:45 am]
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