[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Proposed Rules]
[Pages 24161-24163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9756]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-BC09
Atlantic Highly Migratory Species; Amendment 7 to the 2006
Consolidated Atlantic Highly Migratory Species Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent (NOI) to hold public scoping meetings and to
prepare a draft environmental impact statement (EIS); request for
comments.
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SUMMARY: NMFS announces its intent to hold public scoping meetings to
determine the scope and significance of issues to be analyzed in a
draft environmental impact statement (EIS) on management measures for
Atlantic bluefin tuna (BFT) and a potential proposed amendment to the
2006 Consolidated HMS FMP based on that process. The public process
will help NMFS determine if existing measures are the best means of
achieving certain management objectives for Atlantic BFT and providing
flexibility for future management, consistent with the Consolidated HMS
FMP, the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), the Atlantic Tunas Convention Act (ATCA), and
other relevant Federal laws. NMFS is also announcing the availability
of a scoping document describing measures for potential inclusion in a
proposed Amendment. Table 1, below, under SUPPLEMENTARY INFORMATION,
provides details for seven scoping meetings to discuss and collect
comments on the scoping document and certain management objectives for
BFT. NMFS is requesting comments on this NOI, and the management of
BFT, including, but not limited to, those described in the scoping
document.
DATES: Written comments on this NOI and the scoping document must be
received on or before July 15, 2012.
ADDRESSES: Scoping meetings will be held at the locations listed below
in Table 1 in SUPPLEMENTARY INFORMATION. You may submit comments,
identified by ``NOAA-NMFS-2012-0082'', by any one of the following
methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
To submit comments via the e-Rulemaking Portal, first click the
``submit a comment'' icon, then enter ``NOAA-NMFS-2012-0082'' in the
keyword search. Locate the document you wish to comment on from the
resulting list and click on the ``Submit a Comment'' icon on the right
of that line.
Fax: 978-281-9340, Attn: Tom Warren.
Mail: Tom Warren, Highly Migratory Species Management
Division, Office of Sustainable Fisheries (F/SF1), NMFS, 55 Great
Republic Drive, Gloucester, MA 01930.
Instructions: Comments must be submitted by one of the
above methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, or to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted to http://www.regulations.gov
without change. All Personal Identifying Information (for example,
name, address, etc.) voluntarily submitted by the commenter may be
publicly accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter N/A in the required fields, if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only.
To be considered, electronic comments must be submitted via the Federal
eRulemaking Portal http://www.regulations.gov. Do not submit electronic
comments to individual NMFS staff.
The scoping document is available by sending your request to Tom
Warren at the mailing address specified above, or by calling the phone
number indicated below. The scoping document or the Consolidated HMS
FMP also may be
[[Page 24162]]
downloaded from the HMS Web site at www.nmfs.noaa.gov/sfa/hms/.
FOR FURTHER INFORMATION CONTACT: Tom Warren or Brad McHale, 978-281-
9260, or online at http://www.nmfs.noaa.gov/sfa/hms/.
SUPPLEMENTARY INFORMATION:
Background
Atlantic HMS, including BFT, are managed under the dual authority
of the Magnuson-Stevens Act and ATCA. The Consolidated HMS FMP is
implemented by regulations at 50 CFR part 635. Copies of the
Consolidated HMS FMP are available upon request. The 1999 FMP allocated
the annual U.S. BFT quota recommended by ICCAT to BFT fishing
categories based on landings from 1983-1991. Landings were the only
portion of catch (i.e., ``catch'' includes both landings and dead
discards) that were factored into the 1999 FMP percentage allocation
analysis for the various BFT fisheries at that time, as dead discards
were accounted for under a separate ICCAT allocation. The fishing
category percentage allocations continued unchanged in the 2006
Consolidated HMS FMP. The ICCAT provision for a separate dead discard
allowance has since been eliminated, and dead discards must now be
accounted for within annual quota allocations, along with landings.
Furthermore, pursuant to ICCAT Recommendation 10-03, the amount of
underharvest that is allowed to be carried forward from one year to the
next recently has decreased. During the 2011 BFT quota and Atlantic
tuna management measures rulemaking (2011 Quota Rule)(March 14, 2011;
76 FR 13583) process, the adjusted quota for 2011 was insufficient to
account for anticipated 2011 dead discards up front, while also
providing base allocations for the categories per the percentages
outlined in the Consolidated HMS FMP. The proposed 2012 specifications
rule (77 FR 15712; March 16, 2012) anticipates a similar situation for
the 2012 fishing year.
The range of comments received on the 2011 Quota Rule and during
recent HMS Advisory Panel (AP) meetings has demonstrated the need for a
comprehensive review of BFT management measures. Many comments raised
issues that were outside of the scope of that rulemaking and would
require more significant analyses because of the potential impacts on
the environment, fisheries, and fishery participants. Some of the
issues raised include, but are not limited to: Holding each quota
category accountable for dead discards; changing domestic allocations
among fishing categories; reducing BFT bycatch; modifying the permit
structure for the fisheries; improved monitoring of catch in all BFT
fisheries; providing incentives to the Longline category to reduce
interactions with BFT; and reducing dead discards in the pelagic
longline (PLL) fishery.
Management Options and Request for Comments
NMFS requests comments on management options, including, but not
limited to, the following: Deduction of estimated dead discards from
quotas at the beginning of the fishing year for all permit categories;
revision of baseline quota allocations; methods to improve reporting
and monitoring of dead discards and landings in all categories;
elimination of target catch requirements for Longline category
(pelagic); reduction of minimum BFT size restrictions; modification of
BFT retention tolerances for Purse seine and Harpoon categories;
specification of maximum catch limit for Angling category; mandatory
retention of BFT in the Longline category; regional or individual BFT
catch caps for the Longline category; modification to existing pelagic
longline gear closed areas; creation of new pelagic longline gear
closed area(s); modifications to sub-quota rules (e.g., how the General
or Angling category subquota is divided up among seasons or areas);
establishment of an annual quota and rollover provisions for Northern
albacore tuna; and other administrative measures (such as regulations
about permit issuance). NMFS also requests comment on any other fishery
management issue pertaining to BFT fisheries, which the public believes
should be further examined by NMFS. These comments will be used to
assist in the development of a proposed Amendment 7. The types of
management measures under consideration for Amendment 7 will include
those described in the scoping document, as well as alternative
measures that may be suggested during the scoping process.
Scoping Process
It is NMFS's intent to encourage all persons affected by or
otherwise interested in the management of BFT or other HMS species to
participate in the process to determine the scope and significance of
issues to be analyzed in the draft EIS and Amendment 7. All such
persons are encouraged to submit written comments (see ADDRESSES) or
comment at one of the scoping meetings. Persons submitting comments may
wish to address the specific measures in the scoping document.
NMFS intends to hold scoping meetings in the geographic areas that
may be affected by these measures, including locations on the Atlantic
and Gulf of Mexico coasts, and will consult with the Atlantic regional
fishery management councils (Table 1). After scoping has been completed
and public comment gathered and analyzed, NMFS will proceed with
preparation of a draft EIS and proposed rule, which will include
additional opportunities for public comment. The scope of the draft EIS
will consist of the range of actions, alternatives, and impacts to be
considered. Alternatives may include, but are not limited to, the
following: not amending the Consolidated HMS FMP (taking no action);
developing an amendment that contains management measure such as those
described in this notice and in the scoping document; or other
reasonable courses of action. Impacts may be direct, indirect, or
cumulative. NMFS expects to present relevant draft documents at the
fall 2012 HMS AP meeting.
Table 1--Dates, Times and Locations of the Scoping Meetings
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Date Time Meeting locations Address
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May 8, 2012..................... 6:15-8:45 p.m..... Toms River Library (Mancini 101 Washington Street,
Hall), Toms River, NJ. Toms River, NJ 08753.
May 16, 2012.................... 6:00-9:00 p.m..... National Marine Fisheries 55 Great Republic
Service, Northeast Regional Drive, Gloucester, MA
Office, Gloucester, MA. 01930.
May 21, 2012.................... 6:00-9:00 p.m..... Plaquemines Parish Government 8398 Hwy 23, Belle
Community Center, (Belle Chasse Chasse, LA 70037.
Auditorium), Belle Chasse, LA.
May 23, 2012.................... 6:00-9:00 p.m..... Dare County Administration Bldg., 954 Marshall C. Collins
Manteo, NC. Dr., Manteo, NC 27954.
[[Page 24163]]
* Week of June 10, (specific * To be announced Mid-Atlantic Fishery Management Hilton New York, 1335
date to be determined). (MAFMC.org). Council Meeting, New York, NY. Avenue of the
Americas, New York, NY
10019.
* Week of June 10, (specific * To be announced South Atlantic Fishery Management Renaissance Orlando
date to be determined). (SAFMC.net). Council Meeting, Orlando, FL. Airport Hotel, 5445
Forbes Place, Orlando,
FL 32812.
* Week of June 17, (specific * To be announced New England Fishery Management Holiday Inn by the Bay,
date to be determined). (NEFMC.org). Council Meeting, Portland, ME. 88 Spring Street,
Portland, ME 04101.
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* The public will be notified when the Council agendas are finalized, and the precise date and time of scoping
have been scheduled. For updated information please go to www.nmfs.noaa.gov/sfa/hms/breakingnews.htm or visit
the Council Web sites indicated above.
The process of developing an FMP Amendment is expected to take
approximately 2 years. In addition to future HMS AP input, public
comment and future analyses, there are other relevant events
anticipated that may impact the development of Amendment 7, including a
BFT stock assessment during the fall of 2012, a meeting of the
Convention on the International Trade of Endangered Species (CITES) in
the spring of 2013, revisiting the ``species of concern'' designation
under the Endangered Species Act in 2013, and the annual meetings of
ICCAT in November 2012 and 2013.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: April 18, 2012.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-9756 Filed 4-20-12; 8:45 am]
BILLING CODE 3510-22-P