Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery, 11788-11789 [2013-03847]

Download as PDF 11788 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES proposed 4(d) special rule for the polar bear; that recommendation urged the Service to continue to provide information on the development of any proposed rule to the affected public. Consistent with this request from the Alaska Native community, on May 2, 2012, the Service again wrote to Alaska Native tribal governments and Corporations informing them of the publication of the proposed rule and draft EA and further seeking their input as the Service considered its options in finalizing this rule. The Service received one comment from an Alaska Native Corporation in response to this further request. On June 18, 2012, the Arctic Slope Regional Corporation wrote to the Service expressing their support for the proposed special rule. In their correspondence, the Arctic Slope Regional Corporation noted their belief that: (1) The [proposed] Special Rule reflects the appropriate finding that the extensive conservation provisions in the MMPA and CITES are the necessary and advisable measures for the conservation of the polar bear; (2) the current management provisions and protections will adequately protect both the polar bear and the continued ability of Alaska Natives to maintain their current lifestyle and cultural heritage; and (3) cultural exchange activities involving import and export of marine mammals parts and products, including from the polar bear, are a critically important component of Alaska Natives’ lifestyle and cultural heritage, and preserving the ability of Alaska Natives to continue to participate in these activities ‘‘uninterrupted’’—as envisioned in the proposed 4(d) special rule—is both necessary and appropriate. Energy Supply, Distribution, or Use (Executive Order 13211) On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. For reasons discussed in the responses to comments for this final 4(d) special rule, we believe that the rule would not have any effect on energy supplies, distribution, and use. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required. References Cited A complete list of all references cited in this rule is available on the Internet at https://www.regulations.gov or upon request from the Service’s Marine Mammals Management Office (see ADDRESSES). VerDate Mar<15>2010 14:23 Feb 19, 2013 Jkt 229001 Authors DEPARTMENT OF COMMERCE The primary authors of this document are staff from the Service’s Alaska Region (see ADDRESSES). National Oceanic and Atmospheric Administration List of Subjects in 50 CFR Part 17 50 CFR Part 635 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. [Docket No. 120306154–2241–02] RIN 0648–XC506 Regulation Promulgation Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery AGENCY: PART 17—[AMENDED] 1. The authority citation for part 17 continues to read as follows: ■ Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245, unless otherwise noted. 2. Amend § 17.40 by revising paragraph (q) to read as follows: ■ § 17.40 Special rules—mammals. * * * * * (q) Polar bear (Ursus maritimus). (1) Except as noted in paragraphs (q)(2) and (4) of this section, all prohibitions and provisions of §§ 17.31 and 17.32 of this part apply to the polar bear. (2) None of the prohibitions in § 17.31 of this part apply to any activity that is authorized or exempted under the Marine Mammal Protection Act (MMPA) (16 U.S.C. 1361 et seq.), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (27 U.S.T. 1087), or both, provided that the person carrying out the activity has complied with all terms and conditions that apply to that activity under the provisions of the MMPA and CITES and their implementing regulations. (3) All applicable provisions of 50 CFR parts 14, 18, and 23 must be met. (4) None of the prohibitions in § 17.31of this part apply to any taking of polar bears that is incidental to, but not the purpose of, carrying out an otherwise lawful activity within the United States, except for any incidental taking caused by activities in areas subject to the jurisdiction or sovereign rights of the United States within the current range of the polar bear. Dated: February 5, 2013. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–03136 Filed 2–19–13; 8:45 am] BILLING CODE P PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. NMFS closes the General category fishery for large medium and giant Atlantic bluefin tuna (BFT) until the General category reopens on June 1, 2013. This action is being taken to prevent overharvest of the General category January BFT subquota. DATES: Effective 11:30 p.m., local time, February 15, through May 31, 2013. 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 (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, consistent with the allocations established in the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and subsequent rulemaking. NMFS is required, under § 635.28(a)(1), to file a closure notice with the Office of the Federal Register for publication when a BFT quota is reached or is projected to be reached. On and after the effective date and time of such notification, for the remainder of the fishing year or for a specified period as indicated in the notification, retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice. SUMMARY: E:\FR\FM\20FER1.SGM 20FER1 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES The current General category baseline quota is 435.1 mt, with 23.1 mt allocated for the January time period. On November 30, 2011, NMFS published a final rule to address adjustments to the General and Harpoon category regulations. Among other actions, this final rule allowed the General category BFT season to remain open until the ‘‘January subquota’’ amount is reached or March 31 (whichever happens first). Based on the best available BFT landings information for the General category BFT fishery (i.e., 20.4 mt of the available 23.1 mt landed as of February 12, 2013), NMFS has determined that the General category January subquota will be reached by February 15, 2013. Therefore, through May 31, 2013, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic tunas General and HMS Charter/Headboat categories (while fishing commercially) must cease at 11:30 p.m. local time on February 15, 2013. The General category will reopen automatically on June 1, 2013, for the June through August subperiod. This action is taken consistent with the regulations at §§ 635.27(a)(1)(iii) and 635.28(a)(1). The intent of this closure is to prevent overharvest of the General category January BFT subquota. Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-andrelease and the tag-and-release programs at § 635.26. Fishermen are also reminded that all BFT that are released must be handled in a manner that will maximize survivability, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the ‘‘Careful Catch and Release’’ brochure available at www.nmfs.noaa.gov/sfa/ hms/. If needed, subsequent General category adjustments 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.noaa.gov, for updates. 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 and fishery closures to respond to the VerDate Mar<15>2010 14:23 Feb 19, 2013 Jkt 229001 unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. The closure of the General category January BFT fishery is necessary to prevent overharvest of the General category January BFT subquota. NMFS provides notification of closures by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on www.hmspermits.noaa.gov. These fisheries are currently underway and delaying this action would be contrary to the public interest as it could result in excessive BFT landings that may result in future potential quota reductions for the General category. NMFS must close the General category January BFT fishery before landings of large medium and giant BFT exceed the available subquota. 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 all of the above 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 §§ 635.27(a)(1)(iii) and 635.28(a)(1), and is exempt from review under Executive Order 12866. 11789 50 CFR Part 679 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2013 total allowable catch of pollock for Statistical Area 630 in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 14, 2013, through 1200 hrs, A.l.t., March 10, 2013. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens 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 A season allowance of the 2013 total allowable catch (TAC) of pollock in Statistical Area 630 of the GOA is 5,998 metric tons (mt) as established by the final 2012 and 2013 harvest specifications for groundfish of the GOA (77 FR 15194, March 14, 2012) and inseason adjustment (78 FR 267, January 3, 2013). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allowance of the 2013 TAC of pollock in Statistical Area 630 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 5,698 mt and is setting aside the remaining 300 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. [Docket No. 111207737–2141–02] Classification RIN 0648–XC505 This action responds to the best available information recently obtained from the fishery. The Acting 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 § 679.25(c)(1)(ii) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: February 14, 2013. Emily H. Menashes, Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–03847 Filed 2–14–13; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for pollock in Statistical Area SUMMARY: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\20FER1.SGM 20FER1

Agencies

[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Rules and Regulations]
[Pages 11788-11789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03847]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120306154-2241-02]
RIN 0648-XC506


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; General Category Fishery

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the General category fishery for large medium and 
giant Atlantic bluefin tuna (BFT) until the General category reopens on 
June 1, 2013. This action is being taken to prevent overharvest of the 
General category January BFT subquota.

DATES: Effective 11:30 p.m., local time, February 15, through May 31, 
2013.

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 (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, consistent with 
the allocations established in the 2006 Consolidated Atlantic Highly 
Migratory Species Fishery Management Plan (Consolidated HMS FMP) (71 FR 
58058, October 2, 2006) and subsequent rulemaking.
    NMFS is required, under Sec.  635.28(a)(1), to file a closure 
notice with the Office of the Federal Register for publication when a 
BFT quota is reached or is projected to be reached. On and after the 
effective date and time of such notification, for the remainder of the 
fishing year or for a specified period as indicated in the 
notification, retaining, possessing, or landing BFT under that quota 
category is prohibited until the opening of the subsequent quota period 
or until such date as specified in the notice.

[[Page 11789]]

    The current General category baseline quota is 435.1 mt, with 23.1 
mt allocated for the January time period. On November 30, 2011, NMFS 
published a final rule to address adjustments to the General and 
Harpoon category regulations. Among other actions, this final rule 
allowed the General category BFT season to remain open until the 
``January subquota'' amount is reached or March 31 (whichever happens 
first).
    Based on the best available BFT landings information for the 
General category BFT fishery (i.e., 20.4 mt of the available 23.1 mt 
landed as of February 12, 2013), NMFS has determined that the General 
category January subquota will be reached by February 15, 2013. 
Therefore, through May 31, 2013, retaining, possessing, or landing 
large medium or giant BFT by persons aboard vessels permitted in the 
Atlantic tunas General and HMS Charter/Headboat categories (while 
fishing commercially) must cease at 11:30 p.m. local time on February 
15, 2013. The General category will reopen automatically on June 1, 
2013, for the June through August subperiod. This action is taken 
consistent with the regulations at Sec. Sec.  635.27(a)(1)(iii) and 
635.28(a)(1). The intent of this closure is to prevent overharvest of 
the General category January BFT subquota.
    Fishermen may catch and release (or tag and release) BFT of all 
sizes, subject to the requirements of the catch-and-release and the 
tag-and-release programs at Sec.  635.26. Fishermen are also reminded 
that all BFT that are released must be handled in a manner that will 
maximize survivability, and without removing the fish from the water, 
consistent with requirements at Sec.  635.21(a)(1). For additional 
information on safe handling, see the ``Careful Catch and Release'' 
brochure available at www.nmfs.noaa.gov/sfa/hms/.
    If needed, subsequent General category adjustments 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.noaa.gov, for updates.

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 and fishery closures 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. The closure of the General category January BFT 
fishery is necessary to prevent overharvest of the General category 
January BFT subquota. NMFS provides notification of closures by 
publishing the notice in the Federal Register, emailing individuals who 
have subscribed to the Atlantic HMS News electronic newsletter, and 
updating the information posted on the Atlantic Tunas Information Line 
and on www.hmspermits.noaa.gov.
    These fisheries are currently underway and delaying this action 
would be contrary to the public interest as it could result in 
excessive BFT landings that may result in future potential quota 
reductions for the General category. NMFS must close the General 
category January BFT fishery before landings of large medium and giant 
BFT exceed the available subquota. 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 all of the above 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 Sec. Sec.  635.27(a)(1)(iii) and 
635.28(a)(1), and is exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: February 14, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2013-03847 Filed 2-14-13; 4:15 pm]
BILLING CODE 3510-22-P
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