Fraser River Sockeye Salmon Fisheries; Inseason Orders, 60631-60632 [2012-24541]
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Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations
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[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
https://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]
=======================================================================
-----------------------------------------------------------------------
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
