[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Rules and Regulations]
[Pages 11788-11789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03847]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120306154-2241-02]
RIN 0648-XC506
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, 2013. This action is being taken to prevent overharvest of the
General category January BFT subquota.
DATES: Effective 11:30 p.m., local time, February 15, through May 31,
2013.
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, 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.
[[Page 11789]]
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'' amount is reached or March 31 (whichever happens
first).
Based on the best available BFT landings information for the
General category BFT fishery (i.e., 20.4 mt of the available 23.1 mt
landed as of February 12, 2013), NMFS has determined that the General
category January subquota will be reached by February 15, 2013.
Therefore, through May 31, 2013, 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 February
15, 2013. The General category will reopen automatically on June 1,
2013, 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.
Fishermen may catch and release (or tag and release) BFT of all
sizes, subject to the requirements of the catch-and-release and the
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.noaa.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 and fishery closures 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.noaa.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.
Dated: February 14, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-03847 Filed 2-14-13; 4:15 pm]
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