[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Rules and Regulations]
[Pages 34260-34262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14146]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 110909578-2120-02]
RIN 0648-BB45


Western Pacific Pelagic Fisheries; Modification of American Samoa 
Large Vessel Prohibited Area

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

ACTION: Final rule.

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SUMMARY: This final rule modifies certain boundaries of the large 
fishing vessel prohibited area around Tutuila, the Manua Islands, and 
Rose Atoll in American Samoa to align with the boundaries of the Rose 
Atoll Marine National Monument. This rule simplifies enforcement and 
administration of the management areas.

DATES: This rule is effective July 11, 2012.

ADDRESSES: The Western Pacific Fishery Management Council (Council) 
prepared a regulatory amendment that provides background information on 
this final rule. The regulatory amendment, identified as NOAA-NMFS-
2011-0226, includes an environmental assessment and regulatory impact 
review, and is available from www.regulations.gov or the Council, 1164 
Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-
522-8226, www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Adam Bailey, Sustainable Fisheries, 
NMFS PIR, 808-944-2248.

SUPPLEMENTARY INFORMATION: A mix of small troll and longline vessels 
and larger longline and purse seine vessels target tunas and related 
fish in the U.S. Exclusive Economic Zone (EEZ) around American Samoa. 
In 2002, concerns about potential catch competition and gear conflicts 
between small and large vessels led to the implementation of two large 
vessel prohibited areas (LVPA), one around Swain's Island and one 
around Tutuila, the Manua Islands, and Rose Atoll (67 FR 4369, January 
30, 2002).
    In 2009, Presidential Proclamation 8337 created the Rose Atoll 
Marine National Monument (74 FR 1577, January 12, 2009). The monument 
includes Rose Atoll and surrounding waters to a distance approximately 
50 nm around the atoll. The Proclamation prohibits commercial fishing 
in monument waters.
    The monument and the LVPA around Tutuila, the Manua Islands, and 
Rose Atoll overlap, but the boundaries do not align. This rule aligns 
some of the boundaries to simplify administration and enforcement of 
the two areas. This rule modifies the LVPA boundaries, as follows:
    (a) Move the existing northernmost LVPA boundary southward to align 
with the northern boundary of the monument;
    (b) Move the eastern LVPA boundary eastward to align with the 
eastern boundary of the monument; and
    (c) Move a portion of the southern LVPA boundary southward to align 
with the southern boundary of the monument.
    The western and most of the southern boundaries of the existing 
LVPA remain unchanged. Fig. 1 shows the revised boundaries of the LVPA.

Comments and Responses

    On April 20, 2012, NMFS published a proposed rule and request for 
public comment (77 FR 23654). The comment period for the proposed rule 
ended on May 11, 2012. NMFS received no public comments.

Changes From the Proposed Rule

    There are no changes in this final rule.

Classification

    The Administrator, Pacific Islands Region, NMFS, determined that 
this action is necessary for the conservation and management of the 
large vessel pelagic fisheries around American Samoa, and that it is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. NMFS received no comments 
regarding this certification; as a result, a regulatory flexibility 
analysis was not required and none was prepared.
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List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Fishing, 
Longline, Marine national monuments, Prohibited area management, Purse 
seine, Rose Atoll.

    Dated: June 5, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator For Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR chapter VI is 
amended as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 continues to read as follows:

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


0
2. In Sec.  665.806(b)(1), revise the paragraph and table to read as 
follows:


Sec.  665.806  Prohibited area management.

* * * * *
    (b) * * *
    (1) Tutuila Island, Manua Islands, and Rose Atoll (AS-1). The large 
vessel prohibited area around Tutuila Island, the Manua Islands, and 
Rose Atoll consists of the waters of the EEZ around American Samoa 
enclosed by straight lines connecting the following coordinates:

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              Point                     S. lat.            W. long.
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AS-1-A..........................  13[deg]41'54''      167[deg]17'
AS-1-B..........................  15[deg]23'10''      167[deg]17'

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AS-1-C..........................  15[deg]23'10''      169[deg]00'42''
AS-1-D..........................  15[deg]13'          169[deg]00'42''
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  and from point AS-1-A westward along latitude 13[deg]41'54'' S. until
  intersecting the U.S. EEZ boundary with Samoa, and from point AS-1-D
  westward along latitude 15[deg]13' S. until intersecting the U.S. EEZ
                          boundary with Samoa.
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[FR Doc. 2012-14146 Filed 6-8-12; 8:45 am]
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