Fisheries of the Northeastern United States; Northeast Multispecies Fishery; White Hake Trimester Total Allowable Catch Area Closure for the Common Pool Fishery, 48915-48916 [2012-20054]

Download as PDF Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Rules and Regulations Parts per million Commodity Passionfruit ................................... Peanut .......................................... Peanut, hay .................................. Pineapple ...................................... Pistachio ....................................... Pomegranate ................................ Pulasan ......................................... Rambutan ..................................... Rapeseed, forage ......................... Rapeseed, seed ........................... Safflower, seed ............................. Sapodilla ....................................... Sapote, black ................................ Sapote, mamey ............................ Soursop ........................................ Spanish lime ................................. Spice subgroup 19B ..................... Star apple ..................................... Starfruit ......................................... Sugar apple .................................. Sunflower, seed ............................ Tomato .......................................... Turnip, greens .............................. Vegetable, cucurbit, group 9 ........ Vegetable, foliage of legume, group 7 ...................................... Vegetable, fruiting, group 8–10, except tomato ........................... Vegetable, leaves of root and tuber, group 2 ........................... Vegetable, legume, group 6 ......... Vegetable, root, except sugar beet, subgroup 1B .................... Vegetable, tuberous and corm, subgroup 1C ............................. Watercress .................................... Wax jambu .................................... Yam, true, tuber ............................ 5.0 0.01 0.01 20 0.10 5.0 20 20 0.01 0.01 0.01 5.0 5.0 5.0 20 20 0.02 5.0 5.0 20 0.01 5.0 10 0.45 30 0.01 0.75 6.0 7.0 5.0 8.0 srobinson on DSK4SPTVN1PROD with RULES Parts per million Cattle, fat .................................. Cattle, meat .............................. Cattle, meat byproducts ........... Goat, fat .................................... Goat, meat ................................ Goat, meat byproducts ............. Horse, fat .................................. Horse, meat .............................. Horse, meat byproducts ........... Milk ........................................... Sheep, fat ................................. Sheep, meat ............................. Sheep, meat byproducts .......... VerDate Mar<15>2010 17:27 Aug 14, 2012 [FR Doc. 2012–19988 Filed 8–14–12; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 120109034–2171–01] RIN 0648–XC153 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; White Hake Trimester Total Allowable Catch Area Closure for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), 0.01 Commerce. ACTION: Temporary rule; closure. 0.50 (2) Tolerances are established for residues of the fungicide fludioxonil, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels specified in the following table is to be determined by measuring only the sum of fludioxonil, 4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile), and its metabolites converted to 2,2-difluorol,3-benzodioxole-4-carboxylic acid, calculated as the stoichiometric equivalent of fludioxonil. Commodity (b) Section 18 emergency exemptions. [Reserved] * * * * * 0.05 0.01 0.05 0.05 0.01 0.05 0.05 0.01 0.05 0.01 0.05 0.01 0.05 Jkt 226001 AGENCY: NMFS is closing the White Hake Trimester Total Allowable Catch (TAC) Area to all common pool vessels fishing with trawl gear, sink gillnet gear, or longline/hook gear for the remainder of Trimester 1, through August 31, 2012. This action is necessary to prevent the common pool fishery from exceeding its Trimester 1 TAC or its annual catch limit for white hake. This rule is expected to slow the catch rate of white hake in the common pool fishery for the remainder of Trimester 1. DATES: Effective August 15, 2012, through 2400 hours, August 31, 2012. FOR FURTHER INFORMATION CONTACT: Sarah Heil, Fishery Policy Analyst, 978– 281–9257, Fax 978–281–9135. SUPPLEMENTARY INFORMATION: Regulations governing the NE multispecies fishery are found at 50 CFR part 648, subpart F. Beginning in fishing year (FY) 2012, the common pool’s annual catch limit for each stock is apportioned into trimester total allowable catches (TACs). The regulations at § 648.82(n) require the Regional Administrator to close the Trimester TAC Area for a stock when available information supports a determination that 90 percent of the Trimester TAC is projected to be caught. The Trimester TAC Area for a stock will close to all common pool vessels fishing with gear capable of catching that stock for the remainder of the trimester. Any overages of a trimester TAC will be deducted from Trimester 3, and any overages of the common pool’s annual SUMMARY: PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 48915 catch limit will be deducted from the common pool’s catch limit the following fishing year. Any uncaught portion of the Trimester 1 and Trimester 2 TAC will be carried over into the next trimester. Any uncaught portion of the common pool’s annual catch limit may not be carried over into the following fishing year. The FY 2012 common pool catch limit for white hake is 26 mt (57,320 lb). The Trimester 1 (May 1 through August 31) TAC is 10 mt (22,046 lb). Based on the best available data which includes vessel trip reports (VTRs), dealer reported landings, and vessel monitoring system (VMS) information, NMFS projected that 90 percent of the Trimester 1 TAC for white hake had been harvested on August 4, 2012. Therefore, Effective August 15, 2012, the White Hake Trimester TAC Area is closed for the remainder of Trimester 1, through August 31, 2012, to all common pool vessels fishing with trawl gear, sink gillnet gear, and longline/hook gear. The White Hake Trimester TAC Area will reopen to common pool vessels fishing with trawl, sink gillnet, and longline/hook gear at the beginning of Trimester 2, at 0001 hours, September 1, 2012. Classification This action is required by 50 CFR part 648, and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be impracticable and contrary to the public interest. This action closes the White Hake Trimester TAC Area for common pool vessels fishing with trawl gear, sink gillnet gear, and longling/hook gear through August 31, 2012. The regulations at § 648.82 require this action to ensure that the common pool fishery does not exceed its catch limits for white hake in fishing year 2012. The catch data indicating that 90 percent of the Trimester 1 TAC for white hake has been caught only recently became available. If implementation of this closure is delayed to solicit prior public comment, the white hake Trimester 1 TAC will be exceeded, thereby undermining the conservation objectives of the Fishery Management Plan. Any overage of the Trimester 1 TAC must be deducted from the Trimester 3 TAC, and any overage of the total catch limit in FY 2012 must be deducted from the FY 2013 catch limit. This would have adverse economic consequences on common pool vessels. The AA further finds, pursuant to 5 E:\FR\FM\15AUR1.SGM 15AUR1 48916 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Rules and Regulations U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: August 10, 2012. Lindsay Fullenkamp, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–20054 Filed 8–10–12; 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–XC129 Fisheries of the Exclusive Economic Zone Off Alaska; Arrowtooth Flounder in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; apportionment of reserves; request for comments. AGENCY: NMFS apportions amounts of the non-specified reserve to the initial total allowable catch of arrowtooth flounder in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the Bering Sea and Aleutian Islands management area. SUMMARY: Effective August 10, 2012, through 2400 hrs, Alaska local time, December 31, 2012. Comments must be received at the following address no later than 4:30 p.m., Alaska local time, August 25, 2012. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS 2012–0150, 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 NOAA–NMFS 2012–0150 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 srobinson on DSK4SPTVN1PROD with RULES DATES: VerDate Mar<15>2010 17:27 Aug 14, 2012 Jkt 226001 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 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) 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 2012 initial total allowable catch (ITAC) of arrowtooth flounder in the BSAI was established as 21,250 metric tons (mt) by the final 2012 and 2013 harvest specifications for groundfish of the BSAI (77 FR 10669, February 23, 2012). In accordance with § 679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has reviewed the most PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 current available data and finds that the ITAC for arrowtooth flounder in the BSAI needs to be supplemented from the non-specified reserve in order to promote efficiency in the utilization of fishery resources in the BSAI and allow fishing operations to continue. Therefore, in accordance with § 679.20(b)(3), NMFS apportions from the non-specified reserve of groundfish 1,075 mt to the arrowtooth flounder ITAC in the BSAI. This apportionment is consistent with § 679.20(b)(1)(i) and does not result in overfishing of a target species because the revised ITAC is equal to or less than the specifications of the acceptable biological catch in the final 2012 and 2013 harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012). The harvest specification for the 2012 arrowtooth flounder ITAC included in the harvest specifications for groundfish in the BSAI is revised as follows: 22,325 mt for arrowtooth flounder in the BSAI. Classification This action responds to the best available information recently obtained from the fishery. The 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 § 679.20(b)(3)(iii)(A) 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 apportionment of the non-specified reserves of groundfish to the arrowtooth flounder fishery in the BSAI. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet and processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 24, 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. Under § 679.20(b)(3)(iii), interested persons are invited to submit written comments on this action (see ADDRESSES) until August 30, 2012. E:\FR\FM\15AUR1.SGM 15AUR1

Agencies

[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Rules and Regulations]
[Pages 48915-48916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20054]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120109034-2171-01]
RIN 0648-XC153


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; White Hake Trimester Total Allowable Catch Area 
Closure for the Common Pool Fishery

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the White Hake Trimester Total Allowable Catch 
(TAC) Area to all common pool vessels fishing with trawl gear, sink 
gillnet gear, or longline/hook gear for the remainder of Trimester 1, 
through August 31, 2012. This action is necessary to prevent the common 
pool fishery from exceeding its Trimester 1 TAC or its annual catch 
limit for white hake. This rule is expected to slow the catch rate of 
white hake in the common pool fishery for the remainder of Trimester 1.

DATES: Effective August 15, 2012, through 2400 hours, August 31, 2012.

FOR FURTHER INFORMATION CONTACT: Sarah Heil, Fishery Policy Analyst, 
978-281-9257, Fax 978-281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the NE multispecies 
fishery are found at 50 CFR part 648, subpart F. Beginning in fishing 
year (FY) 2012, the common pool's annual catch limit for each stock is 
apportioned into trimester total allowable catches (TACs). The 
regulations at Sec.  648.82(n) require the Regional Administrator to 
close the Trimester TAC Area for a stock when available information 
supports a determination that 90 percent of the Trimester TAC is 
projected to be caught. The Trimester TAC Area for a stock will close 
to all common pool vessels fishing with gear capable of catching that 
stock for the remainder of the trimester. Any overages of a trimester 
TAC will be deducted from Trimester 3, and any overages of the common 
pool's annual catch limit will be deducted from the common pool's catch 
limit the following fishing year. Any uncaught portion of the Trimester 
1 and Trimester 2 TAC will be carried over into the next trimester. Any 
uncaught portion of the common pool's annual catch limit may not be 
carried over into the following fishing year.
    The FY 2012 common pool catch limit for white hake is 26 mt (57,320 
lb). The Trimester 1 (May 1 through August 31) TAC is 10 mt (22,046 
lb). Based on the best available data which includes vessel trip 
reports (VTRs), dealer reported landings, and vessel monitoring system 
(VMS) information, NMFS projected that 90 percent of the Trimester 1 
TAC for white hake had been harvested on August 4, 2012. Therefore, 
Effective August 15, 2012, the White Hake Trimester TAC Area is closed 
for the remainder of Trimester 1, through August 31, 2012, to all 
common pool vessels fishing with trawl gear, sink gillnet gear, and 
longline/hook gear. The White Hake Trimester TAC Area will reopen to 
common pool vessels fishing with trawl, sink gillnet, and longline/hook 
gear at the beginning of Trimester 2, at 0001 hours, September 1, 2012.

Classification

    This action is required by 50 CFR part 648, and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be impracticable and 
contrary to the public interest. This action closes the White Hake 
Trimester TAC Area for common pool vessels fishing with trawl gear, 
sink gillnet gear, and longling/hook gear through August 31, 2012. The 
regulations at Sec.  648.82 require this action to ensure that the 
common pool fishery does not exceed its catch limits for white hake in 
fishing year 2012. The catch data indicating that 90 percent of the 
Trimester 1 TAC for white hake has been caught only recently became 
available. If implementation of this closure is delayed to solicit 
prior public comment, the white hake Trimester 1 TAC will be exceeded, 
thereby undermining the conservation objectives of the Fishery 
Management Plan. Any overage of the Trimester 1 TAC must be deducted 
from the Trimester 3 TAC, and any overage of the total catch limit in 
FY 2012 must be deducted from the FY 2013 catch limit. This would have 
adverse economic consequences on common pool vessels. The AA further 
finds, pursuant to 5

[[Page 48916]]

U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness 
period for the reasons stated above.

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

    Dated: August 10, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-20054 Filed 8-10-12; 4:15 pm]
BILLING CODE 3510-22-P

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