[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31546-31547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12929]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 110210132-1275-02]
RIN 0648-XC035


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; closure of incidental Longline category 
southern area fishery.

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SUMMARY: NMFS closes the incidental Longline category southern area 
fishery for large medium and giant Atlantic bluefin tuna (BFT) for the 
remainder of 2012. Fishing for, retaining, possessing, or landing BFT 
in the Longline category southern area is prohibited for the remainder 
of 2012. This action is being taken to prevent any further overharvest 
of the Longline category southern area BFT subquota.

DATES: Effective 11:30 p.m., local time, May 29, 2012, through December 
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(a) 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.
    Under Sec.  635.27(a)(3), the total amount of large medium and 
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) that may be caught incidentally and retained, possessed, or 
landed by vessels that possess Longline category Atlantic Tunas permits 
is 8.1 percent of the baseline annual U.S. BFT quota. No more than 60 
percent of the Longline category incidental BFT quota may be allocated 
for landing in the area south of 31[deg]00' N. lat. (i.e., the 
``southern area''). The current Longline category baseline BFT quota is 
74.8 mt, with 44.9 mt allocated to the southern area.
    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.
    Based on the best available BFT landings information for the 
incidental Longline category southern area BFT fishery (i.e., 46.9 mt 
of the available 44.9 mt landed as of May 16, 2012), NMFS has 
determined that the Longline category southern area BFT subquota has 
been reached. Therefore, through December 31, 2012, landing large 
medium or giant BFT south of 31[deg]00' N. lat. by vessels permitted in 
the Atlantic tunas Longline category must cease at 11:30 p.m. local 
time on May 29, 2012. This action is taken consistent with the 
regulations at Sec. Sec.  635.27(a)(3) and 635.28(a)(1). The intent of 
this closure is to prevent any further overharvest of the Longline 
category southern area BFT subquota.
    NMFS will continue to monitor incidental Longline category BFT 
landings north of 31[deg]00' N. lat. against the available Longline 
category northern area BFT subquota for the 2012 fishing year and may 
take further action, if necessary. Any subsequent adjustments to the 
Longline category fishery for 2012 would be published in the Federal 
Register. In addition, fishermen may call (978) 281-9260, or access 
www.hmspermits.gov, for fishery 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 closure of the Longline category southern area BFT fishery, 
i.e., prohibiting further BFT landings against the Longline category 
southern area is necessary to prevent any further overharvest of the 
2012 Longline southern area 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, which could have adverse effects on the stock 
and/or may result in future potential quota reductions for the Longline 
category. NMFS must close the Longline category southern area fishery 
to landings before large medium and giant BFT further exceed the 
available subquota for that area. 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)(3) 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 31547]]


    Dated: May 23, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-12929 Filed 5-23-12; 4:15 pm]
BILLING CODE 3510-22-P