Western Pacific Pelagic Fisheries; Revised Swordfish Trip Limits in the Hawaii Deep-Set Longline Fishery, 43721-43722 [2012-18298]
Download as PDF
<![CDATA[
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]
=======================================================================
-----------------------------------------------------------------------
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
