[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Proposed Rules]
[Pages 75327-75328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29549]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120328229-3656-01]
RIN 0648-BC09
Atlantic Highly Migratory Species; 2006 Consolidated Highly
Migratory Species Fishery Management Plan; Amendment 7; Reopening of
Comment Period
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; Reopening of comment period.
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SUMMARY: On August 21, 2013, NMFS published the proposed rule for Draft
Amendment 7 to the 2006 Consolidated Highly Migratory Species (HMS)
Fishery Management Plan (FMP) to control bluefin incidental catch
(landings and dead discards) in the pelagic longline fishery, enhance
reporting in all categories, and ensure U.S. compliance with the ICCAT-
recommended quota. As described in the proposed rule, the proposed
measures include Allocation measures, Area-Based measures, Bluefin
Quota Controls, Enhanced Reporting measures, and other measures that
modify rules with respect to how the various quota categories utilize
quota. In the proposed rule, NMFS announced the end of the comment
period as October 23, 2013, which would allow an approximately 60-day
comment period. On September 18, 2013, NMFS extended the comment period
through December 10, 2013, in order to provide additional opportunities
for the public and other interested parties to comment on the proposed
rule, and to provide adequate time for constituents to consider
potential changes to the regulatory environment resulting from any new
recommendations by the International Commission for the Conservation of
Atlantic Tunas at its November 2013 meeting. However, due to the
government shutdown and NMFS' inability to respond to constituents on
this complex rule during that time frame and based on the comments
received to date requesting an extension due to the complexity and
interplay of the measures covered in the DEIS, NMFS is reopening the
comment period for this action until January 10, 2014, to provide
additional opportunity for informed public comment.
DATES: The deadline for comments on the proposed rule published at 78
FR 52032 has been reopened from December 10, 2013 to January 10, 2014.
ADDRESSES: You may submit comments on the proposed rule, as published
on August 21, 2013 (78 FR 52032), identified by ``NOAA-NMFS-2013-
0101,'' by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0101, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments. Do not
submit electronic comments to individual NMFS staff.
Mail: Submit written comments to: Thomas Warren, Highly
Migratory Species Management Division, NMFS, 55 Great Republic Drive,
Gloucester, MA 01930. Please mark the outside of the envelope
``Comments on Amendment 7 to the HMS FMP.''
Fax: 978-281-9347, Attn: Thomas Warren.
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, 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 generally will be posted for public viewing on
www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will 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.
[[Page 75328]]
Supporting documents including the draft Environmental Impact
Statement (EIS), Regulatory Impact Review (RIR), and Initial Regulatory
Flexibility Analysis (IRFA) for this action are available from the
Highly Migratory Species Management Division Web site at http://www.nmfs.noaa.gov/sfa/hms/FMP/AM7.htm or by sending your request to
Thomas Warren at the mailing address or phone numbers specified above.
FOR FURTHER INFORMATION CONTACT: Thomas Warren or Brad McHale at 978-
281-9260; Craig Cockrell or Jennifer Cudney at 301-427-8503.
SUPPLEMENTARY INFORMATION: The North Atlantic tuna fisheries are
managed under the dual authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic
Tunas Convention Act (ATCA). Under the Magnuson-Stevens Act, NMFS must
manage fisheries to maintain optimum yield on a continuing basis while
preventing overfishing. ATCA authorizes the Secretary of Commerce
(Secretary) to promulgate regulations, as may be necessary and
appropriate to carry out recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT). The
authority to issue regulations under the Magnuson-Stevens Act and ATCA
has been delegated from the Secretary to the Assistant Administrator
for Fisheries, NMFS. Management of these species is described in the
2006 Consolidated HMS FMP, which is implemented by regulations at 50
CFR part 635. Copies of the 2006 Consolidated HMS FMP and previous
amendments are available from the Highly Migratory Species Management
Division Web page at http://www.nmfs.noaa.gov/sfa/hms/FMP/AM7.htm or
from NMFS on request (see FOR FURTHER INFORMATION CONTACT).
NMFS is amending the 2006 Consolidated HMS FMP to address bluefin
tuna (BFT) management due to recent trends and characteristics of the
bluefin fishery (78 FR 52032). This action is necessary to meet
domestic management objectives of the Magnuson-Stevens Fishery
Management Act including preventing overfishing, achieving optimum
yield, and minimizing bycatch to the extent practicable, as well as the
objectives of the ATCA and obligations pursuant to binding
recommendations of ICCAT. NMFS takes these actions to reduce bluefin
dead discards and account for dead discards in all categories; optimize
fishing opportunities in all categories; enhance reporting and
monitoring; and adjust other aspects of the 2006 Consolidated HMS FMP
as necessary. As described in the proposed rule, the proposed
management measures include: (1) Allocation measures that would make
modifications to how the U.S. bluefin quota is allocated among the
quota categories; (2) area-based measures that would implement
restrictions on the use of pelagic longline gear in various time and
area combinations, modify gear restrictions, or provide conditional
access to current pelagic longline closed areas; (3) bluefin Quota
Controls that would strictly limit the total catch (landings and dead
discards) of bluefin in the Longline category using different
strategies; (4) enhanced reporting measures that would implement a
variety of new bluefin reporting requirements; and (5) other measures
that would make modifications to the rules that control how the various
quota categories utilize quota, and implement a northern albacore tuna
quota.
Public Comment Reopening
In the proposed rule, NMFS announced the end of the comment period
as October 23, 2013, which allowed an approximate 60-day comment
period. On September 18, 2013 (78 FR 57340) NMFS extended the comment
period through December 10, 2013, to provide constituents additional
time to consider the proposed rule in light of any new recommendations
by International Commission for the Conservation of Atlantic Tunas at
the November 2013 meeting. However, due to the government shut down and
NMFS' inability to respond to constituents on this complex rule during
that time frame and based on the comments received to date requesting
an extension due to the complexity and interplay of the measures
covered in the DEIS, NMFS is reopening the comment period for this
action until January 10, 2014, to provide additional opportunity for
informed public comment.
These comments will assist NMFS in determining final management
measures to conserve and manage the BFT resource and fisheries,
consistent with the Magnuson-Stevens Act, ATCA, and the 2006
Consolidated HMS FMP.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: December 6, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-29549 Filed 12-6-13; 4:15 pm]
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