Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 53150-53152 [2012-21579]
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Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Rules and Regulations
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.940(a), the table is
amended by adding alphabetically the
following inert ingredient to read as
follows:
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Pesticide chemical
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 120306154–2241–02]
RIN 0648–XC162
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category retention limit
adjustment.
AGENCY:
NMFS is adjusting the
Atlantic tunas General category daily
Atlantic bluefin tuna (BFT) retention
limit from one to three large medium or
giant BFT for the September, October,
November, and December time periods
of the 2012 fishing year, based on
consideration of the regulatory
determination criteria regarding
inseason adjustments. This action
applies to Atlantic tunas General
category permitted vessels and to Highly
Migratory Species (HMS) Charter/
Headboat category permitted vessels
when fishing commercially for BFT.
DATES: Effective September 1, 2012,
through December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
SUMMARY:
EMCDONALD on DSK67QTVN1PROD with RULES
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When ready for use, the end-use concentration is not to exceed 1,000 ppm.
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persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the 2006 Consolidated
Atlantic HMS Fishery Management Plan
(Consolidated HMS FMP) (71 FR 58058,
October 2, 2006) and in accordance with
implementing regulations. NMFS is
required under ATCA and the
Magnuson-Stevens Act to provide U.S.
fishing vessels with a reasonable
opportunity to harvest the ICCATrecommended quota.
The 2010 ICCAT recommendation
regarding western BFT management
resulted in baseline U.S. quotas for 2011
and for 2012 of 923.7 mt (not including
the 25 mt ICCAT allocated to the United
States to account for bycatch of BFT in
pelagic longline fisheries in the
Northeast Distant Gear Restricted Area).
The 2011 BFT quota rule (76 FR 39019,
July 5, 2011) established a quota of
435.1 mt for the General category fishery
(the commercial tunas fishery in which
handgear is used). Each of the General
category time periods (January, June
through August, September, October
through November, and December) is
allocated a portion of the annual
General category quota. Through a
November 2011 final rule implementing
adjustments to the BFT General and
Harpoon category regulations (76 FR
74003, November 30, 2011), the January
BFT fishery may remain open until the
January subquota is reached or March
31 (whichever happens first). Consistent
with the allocation scheme established
in the Consolidated HMS FMP and
implementing regulations, the baseline
category subquotas were established in
the 2011 BFT quota rule as follows: 23.1
mt for January; 217.6 mt for June
through August; 115.3 mt for
September; 56.6 mt for October through
November; and 22.6 mt for January.
Although NMFS published quota
specifications for 2012 (77 FR 44161,
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Limits
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[FR Doc. 2012–21354 Filed 8–30–12; 8:45 am]
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§ 180.940 Tolerance exemptions for active
and inert ingredients for use in
antimicrobial formulations (Food-contact
surface sanitizing solutions).
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July 27, 2012), the baseline General
category quota and subquotas as
codified have not changed from the
amounts established for the 2011 fishing
year.
Unless changed, the General category
daily retention limit starting on
September 1 would be the default
retention limit of one large medium or
giant BFT (measuring 73 inches (185
cm) curved fork length (CFL) or greater)
per vessel per day/trip (§ 635.23(a)(2)).
This default retention limit applies to
General category permitted vessels and
to HMS Charter/Headboat category
permitted vessels when fishing
commercially for BFT.
Adjustment of General Category Daily
Retention Limit
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
five per vessel based on consideration of
the relevant criteria provided under
§ 635.27(a)(8), which include: The
usefulness of information obtained from
catches in the particular category for
biological sampling and monitoring of
the status of the stock; effects of the
adjustment on BFT rebuilding and
overfishing; effects of the adjustment on
accomplishing the objectives of the
fishery management plan; variations in
seasonal BFT distribution, abundance,
or migration patterns; effects of catch
rates in one area precluding vessels in
another area from having a reasonable
opportunity to harvest a portion of the
category’s quota; and review of dealer
reports, daily landing trends, and the
availability of the BFT on the fishing
grounds. Unused General category quota
rolls forward within a fishing year to the
subsequent subquota time period, e.g.,
from the June through August period to
the September period, and so on.
For the 2011 fishing year, NMFS
adjusted the General category limit from
the default level of one large medium or
giant BFT as follows: Two large medium
or giant BFT for the January subquota
period (75 FR 79309, December 20,
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Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Rules and Regulations
2010); three large medium or giant BFT
for June through November 5 (76 FR
32086, June 3, 2011; and 76 FR 52886,
August 24, 2011); and two large medium
or giant BFT for November 6 through
December 31, 2011 (76 FR 69137,
November 8, 2011). The November 2011
adjustment was in conjunction with an
inseason quota transfer of 50 mt from
the Reserve category to the General
category.
NMFS adjusted the limit for the 2012
January subquota period from the
default level of one large medium or
giant BFT to two large medium or giant
BFT (76 FR 76900, December 9, 2011).
That retention limit was effective from
January 1, 2012, until January 22, 2012,
when NMFS closed the fishery because
the January subquota had been met (77
FR 3637, January 25, 2012). For the June
through August 2012 period, NMFS
adjusted the limit to three large medium
or giant BFT (77 FR 28496, May 15,
2012).
NMFS has considered the criteria at
§ 635.27(a)(8) and their applicability to
the General category BFT retention limit
for the September through December
2012 General category fishery. These
considerations include, but are not
limited to, the following: Biological
samples collected from BFT landed by
General category fishermen and
provided by BFT dealers continue to
provide NMFS with valuable parts and
data for ongoing scientific studies of
BFT age and growth, migration, and
reproductive status. As this action
would be taken consistent with the
quotas previously established and
analyzed in the 2011 BFT quotas final
rule (76 FR 39019, July 5, 2011), and
consistent with objectives of the
Consolidated HMS FMP, it is not
expected to negatively impact stock
health. A principal consideration is the
objective of providing opportunities to
harvest the full General category quota
without exceeding it based upon the
Consolidated HMS FMP goal:
‘‘Consistent with other objectives of this
FMP, to manage Atlantic HMS fisheries
for continuing optimum yield so as to
provide the greatest overall benefit to
the Nation, particularly with respect to
food production, providing recreational
opportunities, preserving traditional
fisheries, and taking into account the
protection of marine ecosystems.’’
Commercial-sized BFT migrated to the
fishing grounds off New England by
early June and are actively being landed.
Lastly, despite the three-fish daily
retention limit, 2012 General category
landings remain low.
As of August 14, 2012, 137.3 mt of the
2012 General category quota of 435.1 mt
have been landed, and landings rates
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remain at approximately 1 mt per day.
Given the rollover of unused quota from
the one time period to the next, current
catch rates, and the fact that the daily
retention limit will automatically revert
to one large medium or giant BFT per
vessel per day on September 1, 2012,
absent agency action, NMFS anticipates
the full 2012 General category quota
may not be harvested. However, based
on the pattern exhibited over the last
few years, NMFS anticipates an increase
in both landings of BFT (in number) and
average fish weight for the remainder of
the year, relative to the same period of
2011, such that a continued three-fish
limit may result in higher landings than
in previous years.
A lower retention limit could result in
unused quota being added to the later
portion of the General category season
(i.e., rolling forward to the subsequent
subquota time period). Increasing the
daily retention limit from the default
may mitigate rolling an excessive
amount of unused quota from one time
period to the next. Increasing the daily
limit from three to four or five fish,
however, may risk exceeding the
available General category quota. As
referred to above, by late October 2011,
NMFS determined that the General
category had reached 95 percent of its
2011 quota of 435.1 mt under the threefish limit that was in effect. In order to
extend fishing opportunities and allow
continued collection of biological
samples from General category landings
throughout the remainder of 2011,
NMFS transferred 50 mt of available
quota from the Reserve to the General
category and reduced the daily retention
limit from three to two fish in November
2011 (76 FR 69137, November 8, 2011).
Based on these considerations, NMFS
has determined that a three-fish General
category retention limit is warranted. It
would provide a reasonable opportunity
to harvest the U.S. quota of BFT without
exceeding it, while maintaining an
equitable distribution of fishing
opportunities, help achieve optimum
yield in the General category BFT
fishery, allow collection of a broad
range of data for stock monitoring
purposes, and be consistent with the
objectives of the Consolidated HMS
FMP. Therefore, NMFS increases the
General category retention limit from
the default limit to three large medium
or giant BFT per vessel per day/trip,
effective September 1, 2012, through
December 31, 2012.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example, whether a
vessel fishing under the General
category limit takes a two-day trip or
makes two trips in one day, the daily
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53151
limit of three fish may not be exceeded
upon landing. This General category
retention limit is effective in all areas,
except for the Gulf of Mexico, and
applies to those vessels permitted in the
General category, as well as to those
HMS Charter/Headboat permitted
vessels fishing commercially for BFT.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely through the
mandatory dealer landing reports,
which NMFS requires to be submitted
within 24 hours of a dealer receiving
BFT. Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional retention
limit adjustments are necessary to
ensure available quota is not exceeded
or to enhance scientific data collection
from, and fishing opportunities in, all
geographic areas.
Closures or subsequent adjustments to
the daily retention limits, if any, will be
published in the Federal Register. In
addition, fishermen may call the
Atlantic Tunas Information Line at (888)
872–8862 or (978) 281–9260, or access
www.hmspermits.gov, for updates on
quota monitoring and retention limit
adjustments.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
Consolidated HMS FMP provide for
inseason retention limit adjustments to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
the migratory nature of this species, and
the regional variations in the BFT
fishery. Affording prior notice and
opportunity for public comment to
implement these retention limits is
impracticable as NMFS needs to wait
until it has necessary data and
information about the fishery before it
can select the appropriate retention
limit for a time period prescribed by
regulation. By the time NMFS has the
needed data, implementing the
retention limit following a public
comment period would preclude
fishermen from harvesting BFT that are
legally available consistent with all of
the regulatory criteria. Analysis of
available data shows that the General
category BFT retention limits may be
increased with minimal risks of
exceeding the ICCAT-allocated quota.
Delays in increasing these retention
limits would adversely affect those
General and Charter/Headboat category
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53152
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Rules and Regulations
vessels that would otherwise have an
opportunity to harvest more than the
default retention limit of one BFT per
day/trip and may exacerbate the
problem of low catch rates and quota
rollovers. Limited opportunities to
harvest the respective quotas may have
negative social and economic impacts
for U.S. fishermen that depend upon
catching the available quota within the
time periods designated in the
Consolidated HMS FMP. Adjustment of
the retention limit needs to be effective
September 1, 2012, or as soon as
possible thereafter, to minimize any
unnecessary disruption in fishing
patterns, to allow the impacted sectors
to benefit from the adjustment, and to
not preclude fishing opportunities for
fishermen who have access to the
fishery only during this time period.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For these reasons, there is
good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under 50
CFR 635.23(a)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 28, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–21579 Filed 8–28–12; 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–XC202
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
EMCDONALD on DSK67QTVN1PROD with RULES
AGENCY:
NMFS is reallocating the
projected unused amounts of Pacific cod
from vessels using jig gear, catcher
vessels greater than 60 feet (18.3 meters)
length overall (LOA) using hook-andline gear, and catcher vessels using
trawl gear to catcher vessels less than 60
feet (18.3 meters) LOA using hook-and-
SUMMARY:
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Jkt 226001
line or pot gear in the Bering Sea and
Aleutian Islands management area. This
action is necessary to allow the 2012
total allowable catch of Pacific cod to be
harvested.
DATES: Effective August 28, 2012,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (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.
The 2012 Pacific cod total allowable
catch (TAC) specified for vessels using
jig gear in the BSAI is 1,463 metric tons
(mt) as established by the final 2012 and
2013 harvest specifications for
groundfish in the BSAI (77 FR 10669,
February 23, 2012). The Administrator,
Alaska Region, NMFS, (Regional
Administrator) has determined that jig
vessels will not be able to harvest 1,000
mt of the remaining 2012 Pacific cod
TAC allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(1). Therefore, in
accordance with § 679.20(a)(7)(iii)(A),
NMFS apportions 1,000 mt of Pacific
cod to catcher vessels less than 60 feet
(18.3 meters(m)) LOA using hook-andline or pot gear.
The 2012 Pacific cod TAC specified
for catcher vessels greater than or equal
to 60 feet LOA using hook-and-line gear
in the BSAI is 465 mt as established by
the final 2012 and 2013 harvest
specifications for groundfish in the
BSAI (77 FR 10669, February 23, 2012).
The Regional Administrator has
determined that catcher vessels greater
than or equal to 60 feet LOA using hookand-line gear will not be able to harvest
435 mt of the remaining 2012 Pacific
cod TAC allocated to those vessels
under § 679.20(a)(7)(ii)(A)(3). Therefore,
in accordance with § 679.20(a)(7)(iii)(A),
NMFS apportions 435 mt of Pacific cod
to catcher vessels less than 60 feet (18.3
m) LOA using hook-and-line or pot gear.
The 2012 Pacific cod total allowable
catch specified for catcher vessels using
trawl gear in the BSAI is 51,509 mt as
established by the final 2012 and 2013
harvest specifications for groundfish in
the BSAI (77 FR 10669, February 23,
2012). The Regional Administrator has
determined that catcher vessels using
PO 00000
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trawl gear will not be able to harvest 500
mt of the 2012 Pacific cod TAC
allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(9). Therefore, in
accordance with § 679.20(a)(7)(iii)(A),
NMFS reallocates 500 mt of Pacific cod
from catcher vessels using trawl gear to
catcher vessels less than 60 feet (18.3 m)
LOA using hook-and-line or pot gear.
The harvest specifications for Pacific
cod included in the final 2012 harvest
specifications for groundfish in the
BSAI (77 FR 10669, February 23, 2012)
and inseason adjustment (77 FR 8176,
February 14, 2012) are revised as
follows: 463 mt for vessels using jig
gear, 30 mt for catcher vessels greater
than or equal to 60 feet (18.3 m) LOA
using hook-and-line gear, 51,009 mt for
vessels using trawl gear, and 8,380 mt
to catcher vessels less than 60 feet (18.3
m) LOA using hook-and-line or pot gear.
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) 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 reallocation of Pacific cod
specified from other sectors to catcher
vessels less than 60 feet (18.3 m) LOA
using hook-and-line or pot gear. Since
the fishery is currently open, it is
important to immediately inform the
industry as to the revised allocations.
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 as well as
processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of August 27, 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.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
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]]>Agencies
[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Rules and Regulations]
[Pages 53150-53152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21579]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120306154-2241-02]
RIN 0648-XC162
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category retention limit
adjustment.
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SUMMARY: NMFS is adjusting the Atlantic tunas General category daily
Atlantic bluefin tuna (BFT) retention limit from one to three large
medium or giant BFT for the September, October, November, and December
time periods of the 2012 fishing year, based on consideration of the
regulatory determination criteria regarding inseason adjustments. This
action applies to Atlantic tunas General category permitted vessels and
to Highly Migratory Species (HMS) Charter/Headboat category permitted
vessels when fishing commercially for BFT.
DATES: Effective September 1, 2012, through December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the 2006 Consolidated Atlantic HMS Fishery
Management Plan (Consolidated HMS FMP) (71 FR 58058, October 2, 2006)
and in accordance with implementing regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest the ICCAT-recommended quota.
The 2010 ICCAT recommendation regarding western BFT management
resulted in baseline U.S. quotas for 2011 and for 2012 of 923.7 mt (not
including the 25 mt ICCAT allocated to the United States to account for
bycatch of BFT in pelagic longline fisheries in the Northeast Distant
Gear Restricted Area). The 2011 BFT quota rule (76 FR 39019, July 5,
2011) established a quota of 435.1 mt for the General category fishery
(the commercial tunas fishery in which handgear is used). Each of the
General category time periods (January, June through August, September,
October through November, and December) is allocated a portion of the
annual General category quota. Through a November 2011 final rule
implementing adjustments to the BFT General and Harpoon category
regulations (76 FR 74003, November 30, 2011), the January BFT fishery
may remain open until the January subquota is reached or March 31
(whichever happens first). Consistent with the allocation scheme
established in the Consolidated HMS FMP and implementing regulations,
the baseline category subquotas were established in the 2011 BFT quota
rule as follows: 23.1 mt for January; 217.6 mt for June through August;
115.3 mt for September; 56.6 mt for October through November; and 22.6
mt for January. Although NMFS published quota specifications for 2012
(77 FR 44161, July 27, 2012), the baseline General category quota and
subquotas as codified have not changed from the amounts established for
the 2011 fishing year.
Unless changed, the General category daily retention limit starting
on September 1 would be the default retention limit of one large medium
or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or
greater) per vessel per day/trip (Sec. 635.23(a)(2)). This default
retention limit applies to General category permitted vessels and to
HMS Charter/Headboat category permitted vessels when fishing
commercially for BFT.
Adjustment of General Category Daily Retention Limit
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8), which include: The
usefulness of information obtained from catches in the particular
category for biological sampling and monitoring of the status of the
stock; effects of the adjustment on BFT rebuilding and overfishing;
effects of the adjustment on accomplishing the objectives of the
fishery management plan; variations in seasonal BFT distribution,
abundance, or migration patterns; effects of catch rates in one area
precluding vessels in another area from having a reasonable opportunity
to harvest a portion of the category's quota; and review of dealer
reports, daily landing trends, and the availability of the BFT on the
fishing grounds. Unused General category quota rolls forward within a
fishing year to the subsequent subquota time period, e.g., from the
June through August period to the September period, and so on.
For the 2011 fishing year, NMFS adjusted the General category limit
from the default level of one large medium or giant BFT as follows: Two
large medium or giant BFT for the January subquota period (75 FR 79309,
December 20,
[[Page 53151]]
2010); three large medium or giant BFT for June through November 5 (76
FR 32086, June 3, 2011; and 76 FR 52886, August 24, 2011); and two
large medium or giant BFT for November 6 through December 31, 2011 (76
FR 69137, November 8, 2011). The November 2011 adjustment was in
conjunction with an inseason quota transfer of 50 mt from the Reserve
category to the General category.
NMFS adjusted the limit for the 2012 January subquota period from
the default level of one large medium or giant BFT to two large medium
or giant BFT (76 FR 76900, December 9, 2011). That retention limit was
effective from January 1, 2012, until January 22, 2012, when NMFS
closed the fishery because the January subquota had been met (77 FR
3637, January 25, 2012). For the June through August 2012 period, NMFS
adjusted the limit to three large medium or giant BFT (77 FR 28496, May
15, 2012).
NMFS has considered the criteria at Sec. 635.27(a)(8) and their
applicability to the General category BFT retention limit for the
September through December 2012 General category fishery. These
considerations include, but are not limited to, the following:
Biological samples collected from BFT landed by General category
fishermen and provided by BFT dealers continue to provide NMFS with
valuable parts and data for ongoing scientific studies of BFT age and
growth, migration, and reproductive status. As this action would be
taken consistent with the quotas previously established and analyzed in
the 2011 BFT quotas final rule (76 FR 39019, July 5, 2011), and
consistent with objectives of the Consolidated HMS FMP, it is not
expected to negatively impact stock health. A principal consideration
is the objective of providing opportunities to harvest the full General
category quota without exceeding it based upon the Consolidated HMS FMP
goal: ``Consistent with other objectives of this FMP, to manage
Atlantic HMS fisheries for continuing optimum yield so as to provide
the greatest overall benefit to the Nation, particularly with respect
to food production, providing recreational opportunities, preserving
traditional fisheries, and taking into account the protection of marine
ecosystems.'' Commercial-sized BFT migrated to the fishing grounds off
New England by early June and are actively being landed. Lastly,
despite the three-fish daily retention limit, 2012 General category
landings remain low.
As of August 14, 2012, 137.3 mt of the 2012 General category quota
of 435.1 mt have been landed, and landings rates remain at
approximately 1 mt per day. Given the rollover of unused quota from the
one time period to the next, current catch rates, and the fact that the
daily retention limit will automatically revert to one large medium or
giant BFT per vessel per day on September 1, 2012, absent agency
action, NMFS anticipates the full 2012 General category quota may not
be harvested. However, based on the pattern exhibited over the last few
years, NMFS anticipates an increase in both landings of BFT (in number)
and average fish weight for the remainder of the year, relative to the
same period of 2011, such that a continued three-fish limit may result
in higher landings than in previous years.
A lower retention limit could result in unused quota being added to
the later portion of the General category season (i.e., rolling forward
to the subsequent subquota time period). Increasing the daily retention
limit from the default may mitigate rolling an excessive amount of
unused quota from one time period to the next. Increasing the daily
limit from three to four or five fish, however, may risk exceeding the
available General category quota. As referred to above, by late October
2011, NMFS determined that the General category had reached 95 percent
of its 2011 quota of 435.1 mt under the three-fish limit that was in
effect. In order to extend fishing opportunities and allow continued
collection of biological samples from General category landings
throughout the remainder of 2011, NMFS transferred 50 mt of available
quota from the Reserve to the General category and reduced the daily
retention limit from three to two fish in November 2011 (76 FR 69137,
November 8, 2011).
Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted. It would provide a
reasonable opportunity to harvest the U.S. quota of BFT without
exceeding it, while maintaining an equitable distribution of fishing
opportunities, help achieve optimum yield in the General category BFT
fishery, allow collection of a broad range of data for stock monitoring
purposes, and be consistent with the objectives of the Consolidated HMS
FMP. Therefore, NMFS increases the General category retention limit
from the default limit to three large medium or giant BFT per vessel
per day/trip, effective September 1, 2012, through December 31, 2012.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example, whether a vessel fishing under
the General category limit takes a two-day trip or makes two trips in
one day, the daily limit of three fish may not be exceeded upon
landing. This General category retention limit is effective in all
areas, except for the Gulf of Mexico, and applies to those vessels
permitted in the General category, as well as to those HMS Charter/
Headboat permitted vessels fishing commercially for BFT.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely through the
mandatory dealer landing reports, which NMFS requires to be submitted
within 24 hours of a dealer receiving BFT. Depending on the level of
fishing effort and catch rates of BFT, NMFS may determine that
additional retention limit adjustments are necessary to ensure
available quota is not exceeded or to enhance scientific data
collection from, and fishing opportunities in, all geographic areas.
Closures or subsequent adjustments to the daily retention limits,
if any, will be published in the Federal Register. In addition,
fishermen may call the Atlantic Tunas Information Line at (888) 872-
8862 or (978) 281-9260, or access www.hmspermits.gov, for updates on
quota monitoring and retention limit adjustments.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the Consolidated HMS FMP provide for
inseason retention limit adjustments to respond to the unpredictable
nature of BFT availability on the fishing grounds, the migratory nature
of this species, and the regional variations in the BFT fishery.
Affording prior notice and opportunity for public comment to implement
these retention limits is impracticable as NMFS needs to wait until it
has necessary data and information about the fishery before it can
select the appropriate retention limit for a time period prescribed by
regulation. By the time NMFS has the needed data, implementing the
retention limit following a public comment period would preclude
fishermen from harvesting BFT that are legally available consistent
with all of the regulatory criteria. Analysis of available data shows
that the General category BFT retention limits may be increased with
minimal risks of exceeding the ICCAT-allocated quota.
Delays in increasing these retention limits would adversely affect
those General and Charter/Headboat category
[[Page 53152]]
vessels that would otherwise have an opportunity to harvest more than
the default retention limit of one BFT per day/trip and may exacerbate
the problem of low catch rates and quota rollovers. Limited
opportunities to harvest the respective quotas may have negative social
and economic impacts for U.S. fishermen that depend upon catching the
available quota within the time periods designated in the Consolidated
HMS FMP. Adjustment of the retention limit needs to be effective
September 1, 2012, or as soon as possible thereafter, to minimize any
unnecessary disruption in fishing patterns, to allow the impacted
sectors to benefit from the adjustment, and to not preclude fishing
opportunities for fishermen who have access to the fishery only during
this time period. Therefore, the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the opportunity for public comment.
For these reasons, there is good cause under 5 U.S.C. 553(d) to waive
the 30-day delay in effectiveness.
This action is being taken under 50 CFR 635.23(a)(4) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: August 28, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-21579 Filed 8-28-12; 4:15 pm]
BILLING CODE 3510-22-P
