[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Rules and Regulations]
[Pages 3637-3638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1560]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 110210132-1275-02]
RIN 0648-XA948
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, 2012. This action is being taken to prevent overharvest of the
General category January BFT subquota.
DATES: Effective 11:30 p.m., local time, January 22, 2012, through May
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 (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, fishing for, 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.
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 is reached or March 31 (whichever happens first).
Based on the best available BFT landings information for the
General category BFT fishery (i.e., 17 mt of the available 23.1 mt
landed as of January 17, 2012), NMFS has determined that the General
category January subquota will be reached by January 22, 2012.
Therefore, through May 31, 2012, fishing for, 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
January 22, 2012. The General category will reopen automatically on
June 1, 2012, 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.
Limited catch and release fishing may continue subject to the
requirements of the catch-and-release and tag-and-release programs.
Fishermen may catch and release (or tag and release) BFT of all sizes,
subject to the requirements of the catch-and-release and 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.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 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.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.
[[Page 3638]]
Dated: January 19, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-1560 Filed 1-20-12; 4:15 pm]
BILLING CODE 3510-22-P