Fisheries of the United States; Billfish Conservation Act of 2012 Implementing Regulations, 20291-20292 [2013-07866]
Download as PDF
Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Proposed Rules
EPA–R09–OAR–2013–0148, by one of
the following methods:
(1) Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
(2) Email: r9_airplanning@epa.gov.
(3) Mail or deliver: Anita Lee (Air-2),
U.S. Environmental Protection Agency
Region 9, 75 Hawthorne Street, San
Francisco, CA 94105–3901.
For more detailed instructions
concerning how to submit comments on
this proposed rule, and for more
information on our proposed rule,
please see the notice of proposed
rulemaking and notice of
reconsideration of final rule, published
in the Federal Register on March 26,
2013 (78 FR 18280).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen Dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 28, 2013.
Deborah Jordan,
Air Division Director, Region 9.
[FR Doc. 2013–07869 Filed 4–3–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Background
50 CFR Part 600
[Docket No. 121227743–3275–01]
RIN 0648–BC86
Fisheries of the United States; Billfish
Conservation Act of 2012
Implementing Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking; request for comments.
AGENCY:
NMFS issues this advance
notice of proposed rulemaking (ANPR)
to provide background information and
request public comment on potential
issues related to the implementation of
the Billfish Conservation Act of 2012.
DATES: Written comments regarding the
issues in this ANPR must be received by
5 p.m., local time, on July 3, 2013.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2013–0004, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
14:46 Apr 03, 2013
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA–NMFS–2013–
0004, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Kim Marshall, 1315 East-West Highway,
SSMC3, Silver Spring, MD 20910.
• Fax: 301–713–1193; Attn: Kim
Marshall.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Kim
Marshall, Fishery Policy Analyst,
National Marine Fisheries Service, 301–
427–8556.
SUPPLEMENTARY INFORMATION:
Jkt 229001
The Billfish Conservation Act of 2012
(BCA), Public Law 112–183, 16 U.S.C.
1827a, was signed into law on October
5, 2012. The BCA defines ‘‘billfish’’ as
any of the following: (1) Blue marlin; (2)
striped marlin; (3) black marlin; (4)
sailfish; (5) shortbill spearfish; (6) white
marlin; (7) roundscale spearfish; (8)
Mediterranean spearfish; or (9) longbill
spearfish. It exempts swordfish from the
definition of billfish.
Section 4(a) of the BCA prohibits any
person from offering billfish or billfish
products for sale, selling them, or
having custody, control, or possession
of them for purposes of offering them for
sale. It treats a violation of the BCA as
an act prohibited by section 307 of the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA; 16 U.S.C. 1857). Individuals,
including recreational fishermen may
possess, but not sell billfish or billfish
products or have custody, control, or
possession for the purposes of offering
them for sale, subject to limits imposed
by existing state and federal regulations.
Section 4(c) of the BCA exempts
billfish caught by U.S. fishing vessels
and landed in Hawaii or Pacific Insular
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
20291
Areas (as defined under the MSA) from
the general prohibitions on sale and
custody with the intent to sell in section
4(a). It also exempts billfish landed by
foreign vessels in the Pacific Insular
Areas and exported to markets outside
the U.S. or retained within Hawaii and
the Pacific Insular Areas for local
consumption.
In passing the BCA, Congress
recognized the conservation challenges
facing billfish populations in the
Atlantic and Pacific Oceans. Congress
found that, despite careful management
of domestic billfish fisheries, global
billfish populations have declined
significantly because of overfishing
primarily through retention of bycatch
by non-U.S. fishing fleets. See 16 U.S.C.
1827a note. In 2011, the International
Union for the Conservation of Nature
classified blue and white marlin as
vulnerable to extinction and striped
marlin as near threatened. The over
harvest and export of billfish from
foreign nations threatens the survival of
billfish populations and the
sustainability of the U.S. recreational
billfish fishery. A report on trade of
billfish published by the International
Game Fish Association (IGFA) in June,
2007 found that the legal sale of billfish
caught in the Pacific Ocean may create
a market that allows billfish caught in
the Atlantic Ocean to enter
illegitimately into U.S. markets.
Existing federal regulations require
the release of all Atlantic billfish caught
by commercial fishing operations in the
U.S. Exclusive Economic Zone (EEZ),
prohibit the possession of billfish
onboard commercial fishing vessels
inside the U.S. EEZ, and prohibit the
sale of Atlantic billfish. 50 CFR
635.21(a) and (e)(2), 635.31(b). The BCA
increases the protection for Atlantic
billfish by prohibiting the import and
sale of all billfish in the U.S., no matter
where harvested, unless exempted
pursuant to section 4(c) of the BCA.
The only U.S. commercial fishery for
billfish occurs in Hawaii and
surrounding Pacific island areas.
Section 4(c)(1) of the BCA exempts
billfish caught by U.S. vessels and
landed in Hawaii or Pacific Insular
Areas from the general prohibition on
sale of billfish. Under existing
regulations, seafood dealers and
processors are required to use the
Billfish Certificate of Eligibility (COE) to
document that billfish possessed or
offered for sale were not harvested from
the Atlantic Ocean. See 50 CFR
635.31(b). NMFS is considering
adapting the billfish COE requirements
to implement the BCA by requiring that
seafood dealers and processors
document that billfish offered for sale
E:\FR\FM\04APP1.SGM
04APP1
20292
Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Proposed Rules
qualifies for exemption from the general
prohibition on the sale of billfish.
The U.S. West Coast Highly Migratory
Fishery Management Plan (Plan)
includes the striped marlin as a
management unit species and prohibits
sale of the species. As stated in the
Pacific Fishery Management Council’s
Plan, striped marlin is considered to
have far greater value as a recreational
rather than commercial target species.
The Plan is not the only measure
addressing striped marlin. California
has prohibited sale and importation of
Pacific striped marlin since 1937, and
with a limited exception for black
marlin, marlin meat, whether fresh,
smoked, canned, or preserved by any
means, may not be bought or sold, or
possessed or transported for the purpose
of sale in the state.
Public Comments
NMFS is considering issuing
regulations to implement the BCA.
Rulemaking is needed to provide notice
to the regulated community, increase
public understanding of the elements of
the billfish prohibitions, facilitate
enforcement, and ensure consistent
implementation of the BCA nationally.
Through this ANPR, NMFS seeks the
public’s views on the potential scope of
any future regulations to implement the
BCA, including the scope of the
exemption in section 4(c) of the BCA
and the possible use of a modified
version of the current billfish COE to
document that billfish offered for sale
qualifies for exemption from the general
prohibition on sale. Also, what, if any,
restrictions can NMFS impose on the
transportation and sale of billfish caught
by U.S. vessels and landed in Hawaii or
the Pacific Insular Areas?
To help determine the scope of issues
to be addressed and to identify
significant issues related to this action,
NMFS is soliciting written comments on
this ANPR. The public is encouraged to
submit comments related to the specific
ideas mentioned in this ANPR, as well
as any additional ideas to improve
implementation of the Billfish
Conservation Act of 2012.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Authority: 16 U.S.C. 1827a.
Dated: March 29, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2013–07866 Filed 4–3–13; 8:45 am]
BILLING CODE 3510–22–P
VerDate Mar<15>2010
14:46 Apr 03, 2013
Jkt 229001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130212129–3284–01]
RIN 0648–BC98
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in a
framework action to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP)
prepared by the Gulf of Mexico Fishery
Management Council (Council). If
implemented, this rule would increase
the commercial and recreational quotas
for red snapper in the Gulf of Mexico
(Gulf) reef fish fishery for the 2013
fishing year. This proposed rule is
intended to help achieve optimum yield
(OY) for the Gulf red snapper resource
without increasing the risk of red
snapper experiencing overfishing.
DATES: Written comments must be
received on or before April 19, 2013.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2013–0055’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130055, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Cynthia Meyer, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
SUMMARY:
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of the framework
action, which includes an
environmental assessment and a
regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sf/
GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT:
Cynthia Meyer, Southeast Regional
Office, NMFS, telephone 727–824–5305;
email: Cynthia.Meyer@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery under the FMP. The Council
prepared the FMP and NMFS
implements the FMP through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Southeast Data, Assessment, and
Review (SEDAR) update assessment for
Gulf red snapper, conducted in August
2009 (SEDAR 9), determined that
overfishing had ended for the red
snapper stock, and that the acceptable
biological catch (ABC) may be
increased. The stock, however, is still
overfished and is under a rebuilding
plan through 2032. The next SEDAR
benchmark stock assessment currently
scheduled for Gulf red snapper will be
conducted in 2013.
The Council’s Scientific and
Statistical Committee (SSC) met in
November 2012, to review the updated
landings data and recommended a new
ABC for the 2013 fishing year. For 2013,
the SSC recommended an ABC of 8.46
million lb (3.83 million kg). The Council
met in February 2013, and voted to
implement this new ABC through the
2013 Gulf red snapper framework
action.
Management Measures Contained in
This Proposed Rule
This rule would set the 2013
commercial and recreational quotas for
red snapper based on the ABC
recommended by the SSC and on the
current commercial and recreational
allocations (51-percent commercial and
49-percent recreational). Therefore, the
2013 commercial quota would be set at
4.315 million lb (1.957 million kg),
round weight, and the 2013 recreational
E:\FR\FM\04APP1.SGM
04APP1
Agencies
[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Proposed Rules]
[Pages 20291-20292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07866]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 121227743-3275-01]
RIN 0648-BC86
Fisheries of the United States; Billfish Conservation Act of 2012
Implementing Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this advance notice of proposed rulemaking (ANPR)
to provide background information and request public comment on
potential issues related to the implementation of the Billfish
Conservation Act of 2012.
DATES: Written comments regarding the issues in this ANPR must be
received by 5 p.m., local time, on July 3, 2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0004, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0004, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Kim Marshall, 1315 East-
West Highway, SSMC3, Silver Spring, MD 20910.
Fax: 301-713-1193; Attn: Kim Marshall.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Kim Marshall, Fishery Policy Analyst,
National Marine Fisheries Service, 301-427-8556.
SUPPLEMENTARY INFORMATION:
Background
The Billfish Conservation Act of 2012 (BCA), Public Law 112-183, 16
U.S.C. 1827a, was signed into law on October 5, 2012. The BCA defines
``billfish'' as any of the following: (1) Blue marlin; (2) striped
marlin; (3) black marlin; (4) sailfish; (5) shortbill spearfish; (6)
white marlin; (7) roundscale spearfish; (8) Mediterranean spearfish; or
(9) longbill spearfish. It exempts swordfish from the definition of
billfish.
Section 4(a) of the BCA prohibits any person from offering billfish
or billfish products for sale, selling them, or having custody,
control, or possession of them for purposes of offering them for sale.
It treats a violation of the BCA as an act prohibited by section 307 of
the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16
U.S.C. 1857). Individuals, including recreational fishermen may
possess, but not sell billfish or billfish products or have custody,
control, or possession for the purposes of offering them for sale,
subject to limits imposed by existing state and federal regulations.
Section 4(c) of the BCA exempts billfish caught by U.S. fishing
vessels and landed in Hawaii or Pacific Insular Areas (as defined under
the MSA) from the general prohibitions on sale and custody with the
intent to sell in section 4(a). It also exempts billfish landed by
foreign vessels in the Pacific Insular Areas and exported to markets
outside the U.S. or retained within Hawaii and the Pacific Insular
Areas for local consumption.
In passing the BCA, Congress recognized the conservation challenges
facing billfish populations in the Atlantic and Pacific Oceans.
Congress found that, despite careful management of domestic billfish
fisheries, global billfish populations have declined significantly
because of overfishing primarily through retention of bycatch by non-
U.S. fishing fleets. See 16 U.S.C. 1827a note. In 2011, the
International Union for the Conservation of Nature classified blue and
white marlin as vulnerable to extinction and striped marlin as near
threatened. The over harvest and export of billfish from foreign
nations threatens the survival of billfish populations and the
sustainability of the U.S. recreational billfish fishery. A report on
trade of billfish published by the International Game Fish Association
(IGFA) in June, 2007 found that the legal sale of billfish caught in
the Pacific Ocean may create a market that allows billfish caught in
the Atlantic Ocean to enter illegitimately into U.S. markets.
Existing federal regulations require the release of all Atlantic
billfish caught by commercial fishing operations in the U.S. Exclusive
Economic Zone (EEZ), prohibit the possession of billfish onboard
commercial fishing vessels inside the U.S. EEZ, and prohibit the sale
of Atlantic billfish. 50 CFR 635.21(a) and (e)(2), 635.31(b). The BCA
increases the protection for Atlantic billfish by prohibiting the
import and sale of all billfish in the U.S., no matter where harvested,
unless exempted pursuant to section 4(c) of the BCA.
The only U.S. commercial fishery for billfish occurs in Hawaii and
surrounding Pacific island areas. Section 4(c)(1) of the BCA exempts
billfish caught by U.S. vessels and landed in Hawaii or Pacific Insular
Areas from the general prohibition on sale of billfish. Under existing
regulations, seafood dealers and processors are required to use the
Billfish Certificate of Eligibility (COE) to document that billfish
possessed or offered for sale were not harvested from the Atlantic
Ocean. See 50 CFR 635.31(b). NMFS is considering adapting the billfish
COE requirements to implement the BCA by requiring that seafood dealers
and processors document that billfish offered for sale
[[Page 20292]]
qualifies for exemption from the general prohibition on the sale of
billfish.
The U.S. West Coast Highly Migratory Fishery Management Plan (Plan)
includes the striped marlin as a management unit species and prohibits
sale of the species. As stated in the Pacific Fishery Management
Council's Plan, striped marlin is considered to have far greater value
as a recreational rather than commercial target species. The Plan is
not the only measure addressing striped marlin. California has
prohibited sale and importation of Pacific striped marlin since 1937,
and with a limited exception for black marlin, marlin meat, whether
fresh, smoked, canned, or preserved by any means, may not be bought or
sold, or possessed or transported for the purpose of sale in the state.
Public Comments
NMFS is considering issuing regulations to implement the BCA.
Rulemaking is needed to provide notice to the regulated community,
increase public understanding of the elements of the billfish
prohibitions, facilitate enforcement, and ensure consistent
implementation of the BCA nationally. Through this ANPR, NMFS seeks the
public's views on the potential scope of any future regulations to
implement the BCA, including the scope of the exemption in section 4(c)
of the BCA and the possible use of a modified version of the current
billfish COE to document that billfish offered for sale qualifies for
exemption from the general prohibition on sale. Also, what, if any,
restrictions can NMFS impose on the transportation and sale of billfish
caught by U.S. vessels and landed in Hawaii or the Pacific Insular
Areas?
To help determine the scope of issues to be addressed and to
identify significant issues related to this action, NMFS is soliciting
written comments on this ANPR. The public is encouraged to submit
comments related to the specific ideas mentioned in this ANPR, as well
as any additional ideas to improve implementation of the Billfish
Conservation Act of 2012.
Authority: 16 U.S.C. 1827a.
Dated: March 29, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-07866 Filed 4-3-13; 8:45 am]
BILLING CODE 3510-22-P