[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