Western Pacific Pelagic Fisheries; Revised Swordfish Trip Limits in the Hawaii Deep-Set Longline Fishery, 43721-43722 [2012-18298]

Download as PDF Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Rules and Regulations 43721 APPENDIX—LIST OF COMMENTERS 1—Continued Short name or acronym Commenter 6 MidAmerican Energy Pipeline Group, including Kern River Gas Transmission Company and Northern Natural Gas Company. 7 American Gas Association 5 ............................................................................................................................................... MidAmerican. AGA. 1 In addition, the ISO/RTO Council submitted notice on March 23, 2012 that it might file comments in Docket No. AD12–12–000. It filed no substantive comments in this proceeding. 2 NAESB followed up its March 23, 2012 comments with a pair of status reports. The first was filed on April 4, 2012 and the second was filed on May 4, 2012. 3 INGAA also filed supplemental comments on June 4, 2012 supporting the incorporation of standards including NAESB’s May 4, 2012 corrections. 4 Southern Star also filed supplemental comments on June 4, 2012 supporting the incorporation of standards including NAESB’s May 4, 2012 corrections. 5 AGA’s comments, like those of INGAA and Southern Star, supported the incorporation of standards including NAESB’s May 4, 2012 corrections. BILLING CODE 6717–01–P DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Part 75 RIN 1219–AB75 Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice of OMB approval of information collection requirements. AGENCY: The Paperwork Reduction Act (PRA) requires this notice to set forth the effectiveness of information collection requirements contained in the final rule on Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards. DATES: On July 17, 2012, the Office of Management and Budget (OMB) approved under the PRA the Department of Labor’s information collection request for additional requirements in 30 CFR 75.360, 75.363, and 75.364 for the final rule published in the Federal Register on April 6, 2012 (77 FR 20700). The current expiration date for OMB authorization for this information collection is July 31, 2015. The effective date of the final rule is August 6, 2012. FOR FURTHER INFORMATION CONTACT: George F. Triebsch, Director, Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209–3939, triebsch.george@dol.gov (email), 202– 693–9440 (voice), or 202–693–9441 (facsimile). rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:02 Jul 25, 2012 Jkt 226001 The Office of Management and Budget (OMB) has approved under the PRA information collection requirements in MSHA’s final rule on Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards published in the Federal Register on April 6, 2012 (77 FR 20700). The final rule revised existing requirements for preshift, supplemental, on-shift, and weekly examinations of underground coal mines to require operators to identify violations of health or safety standards related to ventilation, methane, roof control, combustible materials, rock dust, other safeguards, and guarding, as listed in the final rule. The effective date of the final rule is August 6, 2012. Under the PRA, an agency may not conduct an information collection unless it has a currently valid OMB approval. However, OMB had not provided a PRA-required approval for the revised information collection requirements contained in 30 CFR 75.360, 75.363, and 75.364 at the time the final rule was published (44 U.S.C. 3507(a)(2)). Therefore, in accordance with the PRA, the effective date of the additional information collection requirements in the revised standards was delayed until the OMB approved them (44 U.S.C. 3506(c)(1)(B)(iii)(V)). On July 17, 2012, the OMB approved the Department’s information collection request in the final rule under Control Number 1219–0088 under the PRA. The current expiration date for OMB authorization for this information collection is July 31, 2015. SUPPLEMENTARY INFORMATION: [FR Doc. 2012–18105 Filed 7–25–12; 8:45 am] Dated: July 20, 2012. George F. Triebsch, Certifying Officer. [FR Doc. 2012–18205 Filed 7–25–12; 8:45 am] BILLING CODE 4510–43–P PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 120330236–2236–02] RIN 0648–BB48 Western Pacific Pelagic Fisheries; Revised Swordfish Trip Limits in the Hawaii Deep-Set Longline Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS publishes this final rule to revise the limits on the number of swordfish that fishermen may possess or land during any given Hawaii-based deep-set longline-fishing trip north of the Equator. This rule also revises the definition of deep-set longline fishing to be consistent with the swordfish retention limits. The rule intends to reduce regulatory discards and optimize the yield of swordfish. DATES: This rule is effective August 27, 2012. ADDRESSES: NMFS and the Western Pacific Fishery Management Council (Council) prepared a regulatory amendment, including an environmental assessment and regulatory impact review, that provides background information on this rule. The regulatory amendment, identified by identified by NOAA–NMFS–2012– 0097, is available from www.regulations.gov, or from 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: Brett Wiedoff, Sustainable Fisheries, NMFS PIR, 808–944–2272. SUMMARY: E:\FR\FM\26JYR1.SGM 26JYR1 43722 Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Rules and Regulations Fishermen in the Hawaii-based deep-set longline fishery have been subject to a limit of 10 swordfish per fishing trip, a limit implemented to discourage shallow-set fishing during a declared deep-set fishing trip. The limit has occasionally forced fishermen to discard swordfish caught in excess of the limit. Fishermen have claimed that, because swordfish stocks are healthy and are not subject to overfishing or approaching an overfished condition, the discards amount to wasted opportunities to sell the excess swordfish, resulting in lost wages and a reduction of the fish supply to seafood consumers. In response to fishermen’s concerns, and based on a recommendation from the Council, NMFS revises the limits on the number of swordfish that may be possessed or landed during a deep-set longline fishing trip north of the Equator. The new limits are, as follows: • With a NMFS observer on board, there is no limit on swordfish landed or possessed on a trip, regardless of the type of hook used. • With no NMFS observer on board, the limit is 25 swordfish landed or possessed on a trip, if the vessel uses only circle hooks. • With no NMFS observer on board, and if the vessel uses any hooks other than circle hooks, the limit is 10 swordfish landed or possessed on a trip. This rule reduces regulatory discards, and optimizes swordfish yield. This rule supports the National Standards for fishery management in MagnusonStevens Fishery Conservation and Management Act, and maximizes the net benefits to the Nation. This rule also revises the definition of deep-set longline fishing to remove the provision regarding swordfish limits from the definition. This change makes the definition consistent with the revised swordfish retention limits. This rule is consistent with a final rule issued by NMFS on March 19, 2012 (77 FR 15973) that implemented similar limits on the possession and landing of swordfish for longline fishing off the U.S. west coast. SUPPLEMENTARY INFORMATION: Comments and Responses rmajette on DSK2TPTVN1PROD with RULES On June 11, 2012, NMFS published a proposed rule and request for public VerDate Mar<15>2010 15:02 Jul 25, 2012 Jkt 226001 comment (77 FR 34331). The comment period for the proposed rule ended on July 2, 2012. NMFS received one set of comments that were supportive of the action for the reasons outlined in the preamble of the proposed rule. NMFS did not receive any negative comments on, or suggested changes to, the proposed rule. 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 § 665.800, revise the definition of ‘‘Deep-set or Deep-setting’’ to read as follows: ■ Changes From the Proposed Rule § 665.800 There are no changes to the proposed rule. * Classification The Administrator, Pacific Islands Region, NMFS, determined that this action is necessary for the conservation and management of pelagic fisheries in the western Pacific, and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. 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. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. This final rule has been determined to be not significant for purposes of Executive Order 12866. List of Subjects in 50 CFR Part 665 Administrative practice and procedure, Fisheries, Fishing, Hawaii, Longline, Sea turtles, Swordfish. Dated: July 20, 2012. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 665 is amended as follows: PO 00000 Frm 00014 Fmt 4700 Sfmt 9990 Definitions. * * * * Deep-set or Deep-setting means the deployment of longline gear in a manner consistent with all the following criteria: All float lines are at least 20 meters in length; a minimum of 15 branch lines are attached between any two floats (except basket-style longline gear which may have as few as 10 branch lines between any two floats); and no light sticks are used. As used in this definition, ‘‘float line’’ means a line used to suspend the main longline beneath a float, and ‘‘light stick’’ means any type of light emitting device, including any fluorescent ‘‘glow bead,’’ chemical, or electrically-powered light that is affixed underwater to the longline gear. * * * * * ■ 3. In § 665.813, revise paragraph (j) to read as follows: § 665.813 Western Pacific longline fishing restrictions. * * * * * (j) Swordfish limits. When fishing north of the Equator (0° lat.), owners and operators of vessels registered for use under a Hawaii longline limited access permit, on a trip for which the permit holder notified NMFS under § 665.803(a) that the vessel would deepset, may possess or land no more than the following number of swordfish for such trip: (1) If an observer is on board, there is no limit. (2) If there is no observer on board, and if only circle hooks are used, the limit is 25. (3) If there is no observer on board, and if any type of hook other than a circle hook is used, the limit is 10. * * * * * [FR Doc. 2012–18298 Filed 7–25–12; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\26JYR1.SGM 26JYR1

Agencies

[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Rules and Regulations]
[Pages 43721-43722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18298]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 120330236-2236-02]
RIN 0648-BB48


Western Pacific Pelagic Fisheries; Revised Swordfish Trip Limits 
in the Hawaii Deep-Set Longline Fishery

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

ACTION: Final rule.

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

SUMMARY: NMFS publishes this final rule to revise the limits on the 
number of swordfish that fishermen may possess or land during any given 
Hawaii-based deep-set longline-fishing trip north of the Equator. This 
rule also revises the definition of deep-set longline fishing to be 
consistent with the swordfish retention limits. The rule intends to 
reduce regulatory discards and optimize the yield of swordfish.

DATES: This rule is effective August 27, 2012.

ADDRESSES: NMFS and the Western Pacific Fishery Management Council 
(Council) prepared a regulatory amendment, including an environmental 
assessment and regulatory impact review, that provides background 
information on this rule. The regulatory amendment, identified by 
identified by NOAA-NMFS-2012-0097, is available from 
www.regulations.gov, or from 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: Brett Wiedoff, Sustainable Fisheries, 
NMFS PIR, 808-944-2272.

[[Page 43722]]


SUPPLEMENTARY INFORMATION: Fishermen in the Hawaii-based deep-set 
longline fishery have been subject to a limit of 10 swordfish per 
fishing trip, a limit implemented to discourage shallow-set fishing 
during a declared deep-set fishing trip. The limit has occasionally 
forced fishermen to discard swordfish caught in excess of the limit. 
Fishermen have claimed that, because swordfish stocks are healthy and 
are not subject to overfishing or approaching an overfished condition, 
the discards amount to wasted opportunities to sell the excess 
swordfish, resulting in lost wages and a reduction of the fish supply 
to seafood consumers.
    In response to fishermen's concerns, and based on a recommendation 
from the Council, NMFS revises the limits on the number of swordfish 
that may be possessed or landed during a deep-set longline fishing trip 
north of the Equator. The new limits are, as follows:
     With a NMFS observer on board, there is no limit on 
swordfish landed or possessed on a trip, regardless of the type of hook 
used.
     With no NMFS observer on board, the limit is 25 swordfish 
landed or possessed on a trip, if the vessel uses only circle hooks.
     With no NMFS observer on board, and if the vessel uses any 
hooks other than circle hooks, the limit is 10 swordfish landed or 
possessed on a trip.
    This rule reduces regulatory discards, and optimizes swordfish 
yield. This rule supports the National Standards for fishery management 
in Magnuson-Stevens Fishery Conservation and Management Act, and 
maximizes the net benefits to the Nation.
    This rule also revises the definition of deep-set longline fishing 
to remove the provision regarding swordfish limits from the definition. 
This change makes the definition consistent with the revised swordfish 
retention limits.
    This rule is consistent with a final rule issued by NMFS on March 
19, 2012 (77 FR 15973) that implemented similar limits on the 
possession and landing of swordfish for longline fishing off the U.S. 
west coast.

Comments and Responses

    On June 11, 2012, NMFS published a proposed rule and request for 
public comment (77 FR 34331). The comment period for the proposed rule 
ended on July 2, 2012. NMFS received one set of comments that were 
supportive of the action for the reasons outlined in the preamble of 
the proposed rule. NMFS did not receive any negative comments on, or 
suggested changes to, the proposed rule.

Changes From the Proposed Rule

    There are no changes to the proposed rule.

Classification

    The Administrator, Pacific Islands Region, NMFS, determined that 
this action is necessary for the conservation and management of pelagic 
fisheries in the western Pacific, and that it is consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    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. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, Fisheries, Fishing, Hawaii, 
Longline, Sea turtles, Swordfish.

    Dated: July 20, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 665 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.  665.800, revise the definition of ``Deep-set or Deep-
setting'' to read as follows:


Sec.  665.800  Definitions.

* * * * *
    Deep-set or Deep-setting means the deployment of longline gear in a 
manner consistent with all the following criteria: All float lines are 
at least 20 meters in length; a minimum of 15 branch lines are attached 
between any two floats (except basket-style longline gear which may 
have as few as 10 branch lines between any two floats); and no light 
sticks are used. As used in this definition, ``float line'' means a 
line used to suspend the main longline beneath a float, and ``light 
stick'' means any type of light emitting device, including any 
fluorescent ``glow bead,'' chemical, or electrically-powered light that 
is affixed underwater to the longline gear.
* * * * *

0
3. In Sec.  665.813, revise paragraph (j) to read as follows:


Sec.  665.813  Western Pacific longline fishing restrictions.

* * * * *
    (j) Swordfish limits. When fishing north of the Equator (0[deg] 
lat.), owners and operators of vessels registered for use under a 
Hawaii longline limited access permit, on a trip for which the permit 
holder notified NMFS under Sec.  665.803(a) that the vessel would deep-
set, may possess or land no more than the following number of swordfish 
for such trip:
    (1) If an observer is on board, there is no limit.
    (2) If there is no observer on board, and if only circle hooks are 
used, the limit is 25.
    (3) If there is no observer on board, and if any type of hook other 
than a circle hook is used, the limit is 10.
* * * * *
[FR Doc. 2012-18298 Filed 7-25-12; 8:45 am]
BILLING CODE 3510-22-P