Fraser River Sockeye Salmon Fisheries; Inseason Orders, 60631-60632 [2012-24541]

Download as PDF Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations (x) The URL address through which the call is initiated. * * * * * [FR Doc. 2012–24546 Filed 10–3–12; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 RIN 0648–XC222 Fraser River Sockeye Salmon Fisheries; Inseason Orders National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary orders; inseason orders. AGENCY: NMFS publishes Fraser River salmon inseason orders to regulate treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2012 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen commercial fisheries during the period the Panel exercised jurisdiction over these fisheries. DATES: The effective dates for the inseason orders are set out in this document under the heading Inseason Orders. FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206–526–4323. SUPPLEMENTARY INFORMATION: The Treaty between the Government of the United States of America and the Government of Canada concerning Pacific Salmon was signed at Ottawa on January 28, 1985, and subsequently was given effect in the United States by the Pacific Salmon Treaty Act (Act) at 16 U.S.C. 3631–3644. Under authority of the Act, Federal regulations at 50 CFR part 300, subpart F provide a framework for the implementation of certain regulations of the Commission and inseason orders of the Commission’s Fraser River Panel for U.S. sockeye salmon fisheries in the Fraser River Panel Area. The regulations close the U.S. portion of the Fraser River Panel Area to U.S. sockeye salmon tribal and non-tribal commercial fishing unless opened by emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:04 Oct 03, 2012 Jkt 229001 Panel orders that are given effect by inseason regulations published by NMFS. During the fishing season, NMFS may issue regulations that establish fishing times and areas consistent with the Commission agreements and inseason orders of the Panel. Such orders must be consistent with domestic legal obligations and are issued by Regional Administrator, Northwest Region, NMFS. Official notification of these inseason actions is provided by two telephone hotline numbers described at 50 CFR 300.97(b)(1) and in 77 FR 25915 (May 2, 2012). The inseason orders are published in the Federal Register as soon as practicable after they are issued. Due to the frequency with which inseason orders are issued, publication of individual orders is impractical. Therefore, the 2012 orders are being published in this single document to avoid fragmentation. Inseason Orders The following inseason orders were adopted by the Panel and issued for U.S. fisheries by NMFS during the 2012 fishing season. Each of the following inseason actions was effective upon announcement on telephone hotline numbers as specified at 50 CFR 300.97(b)(1) and in 77 FR 25246 (May 2, 2012); those dates and times are listed herein. The times listed are local times, and the areas designated are Puget Sound Management and Catch Reporting Areas as defined in the Washington State Administrative Code at Chapter 220–22. Fraser River Panel Order Number 2012–01: Issued 12:30 p.m., July 24, 2012 Treaty Indian Fisheries: Areas 4B, 5, and 6C: Open to drift gillnets from 12 p.m. (noon), Wednesday, July 25, 2012 to 12 p.m. (noon), Saturday, July 28, 2012. Fraser River Panel Order Number 2012–02: Issued 12:30 p.m., July 30, 2012 Treaty Indian Fishery: Areas 4B, 5, and 6C: Open to drift gillnets 3 p.m., Monday, July 30, 2012, to 12 p.m. (noon), Wednesday, August 1, 2012. Fraser River Panel Order Number 2012–03: Issued 12:30 p.m., July 31, 2012 Treaty Indian Fishery: Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), Wednesday, August 1, 2012 through 12 p.m. (noon), Saturday, August 4, 2012. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 60631 Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Thursday, August 2, 2012 through 9 a.m., Friday, August 3, 2012. All Citizen Fishery: Areas 7 and 7A: Open to purse seines from 5 a.m. to 9 p.m., Wednesday, August 1, 2012. Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., Wednesday, August 1, 2012. Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. (midnight), Wednesday, August 1, 2012. Fraser River Panel Order Number 2012–04: Issued 12:30 p.m., August 3, 2012 Treaty Indian Fishery: Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), Saturday, August 4, 2012, through 12 p.m. (noon), Tuesday, August 7, 2012. Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Saturday, August 4, 2012 through 9 a.m., Sunday, August 5, 2012. Fraser River Panel Order Number 2012–05: Issued 1 p.m., August 6, 2012 Treaty Indian Fishery: Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), Tuesday, August 7, 2012 to 12 p.m. (noon), Wednesday, August 8, 2012. Fraser River Panel Order Number 2012–06: Issued 12:30 p.m., August 7, 2012 Treaty Indian Fishery: Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), Wednesday, August 8, 2012 through 12 p.m. (noon), Saturday, August 11, 2012. Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Wednesday, August 8, 2012 through 9 a.m., Thursday, August 9, 2012. All Citizen Fishery: Areas 7 and 7A: Open to purse seines from 8 a.m. to 2 p.m., Friday, August 10, 2012. Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., Saturday, August 11, 2012. Areas 7 and 7A: Open to gillnets from 1 p.m. to 11 p.m., Thursday, August 9, 2012. Fraser River Panel Order Number 2012–07: Issued 12:45 p.m., August 10, 2012 Treaty Indian Fishery: Areas 4B, 5, and 6C: Drift gillnets, previously scheduled to be open through 12 p.m. (noon), Saturday, August 11, 2012, will now close at E:\FR\FM\04OCR1.SGM 04OCR1 60632 Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations 6 p.m., Friday, August 10, 2012. ACTION: Fraser River Panel Order Number 2012–08: Issued 11:30 a.m., August 21, 2012 Relinquish regulatory control of all United States Panel Area waters effective 12:01 a.m., Sunday, September 2, 2012. Classification The Assistant Administrator for Fisheries NOAA (AA), finds that good cause exists for the inseason orders to be issued without affording the public prior notice and opportunity for comment under 5 U.S.C. 553(b)(B) as such prior notice and opportunity for comments is impracticable and contrary to the public interest. Prior notice and opportunity for public comment is impracticable because NMFS has insufficient time to allow for prior notice and opportunity for public comment between the time the stock abundance information is available to determine how much fishing can be allowed and the time the fishery must open and close in order to harvest the appropriate amount of fish while they are available. The AA also finds good cause to waive the 30-day delay in the effective date, required under 5 U.S.C. 553(d)(3), of the inseason orders. A delay in the effective date of the inseason orders would not allow fishers appropriately controlled access to the available fish at that time they are available. This action is authorized by 50 CFR 300.97, and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 3636(b). Dated: October 1, 2012. Lindsay Fullenkamp, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–24541 Filed 10–3–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 emcdonald on DSK67QTVN1PROD with RULES [Docket No. 120416016–2469–02] RIN 0648–BB96 Atlantic Highly Migratory Species; Silky Shark Management Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: VerDate Mar<15>2010 15:04 Oct 03, 2012 Jkt 229001 Final rule. NMFS implements the International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendation 11–08, which prohibits retaining, transshipping, or landing of silky sharks (Carcharhinus falciformis) caught in association with ICCAT fisheries. In order to facilitate domestic compliance and enforcement, NMFS also prohibits the storing, selling, and purchasing of the species. This rule primarily affects the commercial Atlantic highly migratory species (HMS) pelagic longline fishery for tuna and tuna-like species in the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico. This rule does not affect commercial fishermen fishing for sharks with bottom longline, gillnet, or handgear, and it does not further affect recreational fishermen because harvesting silky sharks is already prohibited in the recreational fishery. This action implements the ICCAT recommendation, consistent with the Atlantic Tunas Convention Act (ATCA), and furthers domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Effective November 5, 2012. ADDRESSES: Supporting documents, including the Environmental Assessment (EA), Regulatory Impact Review (RIR), and Final Regulatory Flexibility Analysis (FRFA), and others, such as the Fishery Management Plans described below, may be downloaded from the Highly Migratory Species (HMS) Management Division Web site at www.nmfs.noaa.gov/sfa/hms/. These documents also are available by request at the telephone number below. FOR FURTHER INFORMATION CONTACT: Peter Cooper or Karyl Brewster-Geisz by phone: 301–427–8503 or by fax: 301– 713–1917. SUPPLEMENTARY INFORMATION: The U.S. Atlantic shark fisheries are managed under the authority of the MagnusonStevens Act, 16 U.S.C. 1801 et seq. The U.S. Atlantic tuna and tuna-like species fisheries are managed under the dual authority of the Magnuson-Stevens Act and ATCA, 16 U.S.C. 971 et seq. Under ATCA, the Secretary of Commerce (Secretary) shall promulgate such regulations as may be necessary and appropriate to carry out ICCAT recommendations. ICCAT is responsible for the conservation of tuna and tunalike species in the Atlantic Ocean and adjacent seas. ICCAT recommendations are binding on Contracting Parties, unless Parties object pursuant to the treaty. All ICCAT recommendations are SUMMARY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 available on the ICCAT Web site at http://www.iccat.int/en/. The authority to issue regulations under the Magnuson-Stevens Act and ATCA has been delegated from the Secretary to the Assistant Administrator for Fisheries (AA), NOAA. The implementing regulations for Atlantic HMS are at 50 CFR part 635. Background At the 22nd Regular Meeting of ICCAT in 2011, ICCAT adopted Recommendation 11–08 (the ‘‘Recommendation by ICCAT on the Conservation of Silky Sharks Caught in Association with ICCAT Fisheries’’), which requires the United States to initiate rulemaking in order to fulfill obligations as a Contracting Party to the Convention. Recommendation 11–08 requires fishing vessels operating in ICCAT-managed fisheries to release all silky sharks whether dead or alive, and prohibits retaining on board, transshipping, or landing any part or whole carcass of a silky shark (Carcharhinus falciformis). The ICCAT recommendation cites the fact that silky sharks were ranked as the species with the highest degree of vulnerability in ICCAT’s 2010 ecological risk assessment for Atlantic sharks. Further background information, including the need for these silky shark management measures, was provided in the preamble to the proposed rule (77 FR 37647, June 22, 2012) and is not repeated here. NMFS prepared an EA/RIR/FRFA, which presents and analyzes anticipated environmental, social, and economic impacts of each alternative contained in this final rule. The complete list of alternatives and related analyses is provided in the EA/RIR/FRFA, and is not repeated here. A copy of the EA/ RIR/FRFA prepared for this action is available from NMFS (see ADDRESSES). In this final action, NMFS prohibits the retention of silky sharks on Atlantic HMS commercially-permitted vessels that have pelagic longline gear on board. As described in the Changes from the Proposed Rule section below, this final action also prohibits the retention of silky sharks on vessels that are issued both an HMS Charter/Headboat permit and a commercial shark permit, when tuna, swordfish or billfish are on board the vessel. Additionally, as described in the response to comments below and in the EA, NMFS prohibits the storing, selling, or purchasing of silky sharks to facilitate domestic compliance and enforcement. E:\FR\FM\04OCR1.SGM 04OCR1

Agencies

[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60631-60632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24541]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XC222


Fraser River Sockeye Salmon Fisheries; Inseason Orders

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

ACTION: Temporary orders; inseason orders.

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

SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. 
waters. The orders were issued by the Fraser River Panel (Panel) of the 
Pacific Salmon Commission (Commission) and subsequently approved and 
issued by NMFS during the 2012 salmon fisheries within the U.S. Fraser 
River Panel Area. These orders established fishing dates, times, and 
areas for the gear types of U.S. treaty Indian and all citizen 
commercial fisheries during the period the Panel exercised jurisdiction 
over these fisheries.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific Salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F provide a framework for the implementation of certain 
regulations of the Commission and inseason orders of the Commission's 
Fraser River Panel for U.S. sockeye salmon fisheries in the Fraser 
River Panel Area.
    The regulations close the U.S. portion of the Fraser River Panel 
Area to U.S. sockeye salmon tribal and non-tribal commercial fishing 
unless opened by Panel orders that are given effect by inseason 
regulations published by NMFS. During the fishing season, NMFS may 
issue regulations that establish fishing times and areas consistent 
with the Commission agreements and inseason orders of the Panel. Such 
orders must be consistent with domestic legal obligations and are 
issued by Regional Administrator, Northwest Region, NMFS. Official 
notification of these inseason actions is provided by two telephone 
hotline numbers described at 50 CFR 300.97(b)(1) and in 77 FR 25915 
(May 2, 2012). The inseason orders are published in the Federal 
Register as soon as practicable after they are issued. Due to the 
frequency with which inseason orders are issued, publication of 
individual orders is impractical. Therefore, the 2012 orders are being 
published in this single document to avoid fragmentation.

Inseason Orders

    The following inseason orders were adopted by the Panel and issued 
for U.S. fisheries by NMFS during the 2012 fishing season. Each of the 
following inseason actions was effective upon announcement on telephone 
hotline numbers as specified at 50 CFR 300.97(b)(1) and in 77 FR 25246 
(May 2, 2012); those dates and times are listed herein. The times 
listed are local times, and the areas designated are Puget Sound 
Management and Catch Reporting Areas as defined in the Washington State 
Administrative Code at Chapter 220-22.

Fraser River Panel Order Number 2012-01: Issued 12:30 p.m., July 24, 
2012

Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Open to drift gillnets from 12 p.m. (noon), 
Wednesday, July 25, 2012 to 12 p.m. (noon), Saturday, July 28, 2012.

Fraser River Panel Order Number 2012-02: Issued 12:30 p.m., July 30, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Open to drift gillnets 3 p.m., Monday, July 
30, 2012, to 12 p.m. (noon), Wednesday, August 1, 2012.

Fraser River Panel Order Number 2012-03: Issued 12:30 p.m., July 31, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Wednesday, August 1, 2012 through 12 p.m. (noon), Saturday, August 4, 
2012.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Thursday, 
August 2, 2012 through 9 a.m., Friday, August 3, 2012.
All Citizen Fishery:
    Areas 7 and 7A: Open to purse seines from 5 a.m. to 9 p.m., 
Wednesday, August 1, 2012.
    Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., Wednesday, 
August 1, 2012.
    Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. 
(midnight), Wednesday, August 1, 2012.

Fraser River Panel Order Number 2012-04: Issued 12:30 p.m., August 3, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Saturday, August 4, 2012, through 12 p.m. (noon), Tuesday, August 7, 
2012.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Saturday, 
August 4, 2012 through 9 a.m., Sunday, August 5, 2012.

Fraser River Panel Order Number 2012-05: Issued 1 p.m., August 6, 2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Tuesday, August 7, 2012 to 12 p.m. (noon), Wednesday, August 8, 2012.

Fraser River Panel Order Number 2012-06: Issued 12:30 p.m., August 7, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Wednesday, August 8, 2012 through 12 p.m. (noon), Saturday, August 11, 
2012.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Wednesday, 
August 8, 2012 through 9 a.m., Thursday, August 9, 2012.
All Citizen Fishery:
    Areas 7 and 7A: Open to purse seines from 8 a.m. to 2 p.m., Friday, 
August 10, 2012.
    Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., Saturday, 
August 11, 2012.
    Areas 7 and 7A: Open to gillnets from 1 p.m. to 11 p.m., Thursday, 
August 9, 2012.

Fraser River Panel Order Number 2012-07: Issued 12:45 p.m., August 10, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Drift gillnets, previously scheduled to be 
open through 12 p.m. (noon), Saturday, August 11, 2012, will now close 
at

[[Page 60632]]

6 p.m., Friday, August 10, 2012.

Fraser River Panel Order Number 2012-08: Issued 11:30 a.m., August 21, 
2012

    Relinquish regulatory control of all United States Panel Area 
waters effective 12:01 a.m., Sunday, September 2, 2012.

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority:  16 U.S.C. 3636(b).

    Dated: October 1, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-24541 Filed 10-3-12; 8:45 am]
BILLING CODE 3510-22-P