Atlantic Bluefin Tuna Fisheries; As the Service Considered Its Options in Accordingly, We Amend Part 17, General Category Fishery Finalizing This Rule

11788 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations

proposed 4(d) special rule for the polar Authors DEPARTMENT OF COMMERCE bear; that recommendation urged the The primary authors of this document National Oceanic and Atmospheric Service to continue to provide are staff from the Service’s Alaska information on the development of any Administration Region (see ADDRESSES). proposed rule to the affected public. Consistent with this request from the List of Subjects in 50 CFR Part 17 50 CFR Part 635 Alaska Native community, on May 2, Endangered and threatened species, [Docket No. 120306154–2241–02] 2012, the Service again wrote to Alaska Exports, Imports, Reporting and Native tribal governments and recordkeeping requirements, RIN 0648–XC506 Corporations informing them of the Transportation. publication of the proposed rule and Atlantic Highly Migratory Species; draft EA and further seeking their input Regulation Promulgation Atlantic Bluefin Tuna Fisheries; as the Service considered its options in Accordingly, we amend part 17, General Category Fishery finalizing this rule. The Service received subchapter B of chapter I, title 50 of the one comment from an Alaska Native AGENCY: National Marine Fisheries Code of Federal Regulations, as set forth Service (NMFS), National Oceanic and Corporation in response to this further below: request. On June 18, 2012, the Arctic Atmospheric Administration (NOAA), Slope Regional Corporation wrote to the PART 17—[AMENDED] Commerce. Service expressing their support for the ACTION: Temporary rule; closure. proposed special rule. In their ■ 1. The authority citation for part 17 correspondence, the Arctic Slope continues to read as follows: SUMMARY: NMFS closes the General Regional Corporation noted their belief category fishery for large medium and Authority: 16 U.S.C. 1361–1407; 1531– giant Atlantic bluefin tuna (BFT) until that: (1) The [proposed] Special Rule 1544; and 4201–4245, unless otherwise reflects the appropriate finding that the noted. the General category reopens on June 1, extensive conservation provisions in the 2013. This action is being taken to MMPA and CITES are the necessary and ■ 2. Amend § 17.40 by revising prevent overharvest of the General advisable measures for the conservation paragraph (q) to read as follows: category January BFT subquota. of the polar bear; (2) the current DATES: § 17.40 Special rules—mammals. Effective 11:30 p.m., local time, management provisions and protections February 15, through May 31, 2013. * * * * * will adequately protect both the polar FOR FURTHER INFORMATION CONTACT: (q) Polar bear (Ursus maritimus). bear and the continued ability of Alaska Sarah McLaughlin or Brad McHale, (1) Except as noted in paragraphs Natives to maintain their current 978–281–9260. lifestyle and cultural heritage; and (3) (q)(2) and (4) of this section, all SUPPLEMENTARY INFORMATION: cultural exchange activities involving prohibitions and provisions of §§ 17.31 Regulations implemented under the import and export of marine mammals and 17.32 of this part apply to the polar authority of the Atlantic Tunas parts and products, including from the bear. polar bear, are a critically important (2) None of the prohibitions in § 17.31 Convention Act (16 U.S.C. 971 et seq.) component of Alaska Natives’ lifestyle of this part apply to any activity that is and the Magnuson-Stevens Fishery and cultural heritage, and preserving the authorized or exempted under the Conservation and Management Act ability of Alaska Natives to continue to Marine Mammal Protection Act (Magnuson-Stevens Act; 16 U.S.C. 1801 participate in these activities (MMPA) (16 U.S.C. 1361 et seq.), the et seq.) governing the harvest of BFT by ‘‘uninterrupted’’—as envisioned in the Convention on International Trade in persons and vessels subject to U.S. proposed 4(d) special rule—is both Endangered Species of Wild Fauna and jurisdiction are found at 50 CFR part necessary and appropriate. Flora (CITES) (27 U.S.T. 1087), or both, 635. Section 635.27 subdivides the U.S. provided that the person carrying out BFT quota recommended by the Energy Supply, Distribution, or Use the activity has complied with all terms International Commission for the (Executive Order 13211) and conditions that apply to that Conservation of Atlantic Tunas (ICCAT) On May 18, 2001, the President issued activity under the provisions of the among the various domestic fishing Executive Order 13211 on regulations MMPA and CITES and their categories, consistent with the that significantly affect energy supply, implementing regulations. allocations established in the 2006 distribution, and use. Executive Order (3) All applicable provisions of 50 Consolidated Atlantic Highly Migratory 13211 requires agencies to prepare CFR parts 14, 18, and 23 must be met. Species Fishery Management Plan Statements of Energy Effects when (4) None of the prohibitions in (Consolidated HMS FMP) (71 FR 58058, undertaking certain actions. For reasons § 17.31of this part apply to any taking of October 2, 2006) and subsequent discussed in the responses to comments polar bears that is incidental to, but not rulemaking. for this final 4(d) special rule, we the purpose of, carrying out an NMFS is required, under believe that the rule would not have any otherwise lawful activity within the § 635.28(a)(1), to file a closure notice effect on energy supplies, distribution, United States, except for any incidental with the Office of the Federal Register and use. Therefore, this action is not a taking caused by activities in areas for publication when a BFT quota is significant energy action, and no subject to the jurisdiction or sovereign reached or is projected to be reached. Statement of Energy Effects is required. rights of the United States within the On and after the effective date and time current range of the polar bear. of such notification, for the remainder of References Cited the fishing year or for a specified period A complete list of all references cited Dated: February 5, 2013. as indicated in the notification, in this rule is available on the Internet Rachel Jacobson, retaining, possessing, or landing BFT at http://www.regulations.gov or upon Principal Deputy Assistant Secretary for Fish under that quota category is prohibited request from the Service’s Marine and Wildlife and Parks. until the opening of the subsequent Mammals Management Office (see [FR Doc. 2013–03136 Filed 2–19–13; 8:45 am] quota period or until such date as ADDRESSES). BILLING CODE P specified in the notice.

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The current General category baseline unpredictable nature of BFT availability 630 in the Gulf of Alaska (GOA). This quota is 435.1 mt, with 23.1 mt on the fishing grounds, the migratory action is necessary to prevent exceeding allocated for the January time period. nature of this species, and the regional the A season allowance of the 2013 total On November 30, 2011, NMFS variations in the BFT fishery. The allowable catch of pollock for Statistical published a final rule to address closure of the General category January Area 630 in the GOA. adjustments to the General and Harpoon BFT fishery is necessary to prevent DATES: Effective 1200 hrs, Alaska local category regulations. Among other overharvest of the General category time (A.l.t.), February 14, 2013, through actions, this final rule allowed the January BFT subquota. NMFS provides 1200 hrs, A.l.t., March 10, 2013. General category BFT season to remain notification of closures by publishing FOR FURTHER INFORMATION CONTACT: Josh open until the ‘‘January subquota’’ the notice in the Federal Register, Keaton, 907–586–7228. amount is reached or March 31 emailing individuals who have SUPPLEMENTARY INFORMATION: NMFS (whichever happens first). subscribed to the Atlantic HMS News manages the groundfish fishery in the Based on the best available BFT electronic newsletter, and updating the GOA exclusive economic zone landings information for the General information posted on the Atlantic according to the Fishery Management category BFT fishery (i.e., 20.4 mt of the Tunas Information Line and on Plan for Groundfish of the Gulf of available 23.1 mt landed as of February www.hmspermits.noaa.gov. Alaska (FMP) prepared by the North 12, 2013), NMFS has determined that These fisheries are currently Pacific Fishery Management Council the General category January subquota underway and delaying this action under authority of the Magnuson- will be reached by February 15, 2013. would be contrary to the public interest Stevens Fishery Conservation and Therefore, through May 31, 2013, as it could result in excessive BFT Management Act. Regulations governing retaining, possessing, or landing large landings that may result in future fishing by U.S. vessels in accordance medium or giant BFT by persons aboard potential quota reductions for the with the FMP appear at subpart H of 50 vessels permitted in the Atlantic tunas General category. NMFS must close the CFR part 600 and 50 CFR part 679. General and HMS Charter/Headboat General category January BFT fishery The A season allowance of the 2013 categories (while fishing commercially) before landings of large medium and total allowable catch (TAC) of pollock in must cease at 11:30 p.m. local time on giant BFT exceed the available Statistical Area 630 of the GOA is 5,998 February 15, 2013. The General category subquota. Therefore, the AA finds good metric tons (mt) as established by the will reopen automatically on June 1, cause under 5 U.S.C. 553(b)(B) to waive final 2012 and 2013 harvest 2013, for the June through August prior notice and the opportunity for specifications for groundfish of the GOA subperiod. This action is taken public comment. For all of the above (77 FR 15194, March 14, 2012) and consistent with the regulations at reasons, there is good cause under 5 inseason adjustment (78 FR 267, January §§ 635.27(a)(1)(iii) and 635.28(a)(1). The U.S.C. 553(d) to waive the 30-day delay 3, 2013). intent of this closure is to prevent in effectiveness. In accordance with § 679.20(d)(1)(i), overharvest of the General category This action is being taken under the Regional Administrator has January BFT subquota. §§ 635.27(a)(1)(iii) and 635.28(a)(1), and determined that the A season allowance Fishermen may catch and release (or is exempt from review under Executive of the 2013 TAC of pollock in Statistical tag and release) BFT of all sizes, subject Order 12866. to the requirements of the catch-and- Area 630 of the GOA will soon be release and the tag-and-release programs Authority: 16 U.S.C. 971 et seq. and 1801 reached. Therefore, the Regional et seq. at § 635.26. Fishermen are also Administrator is establishing a directed reminded that all BFT that are released Dated: February 14, 2013. fishing allowance of 5,698 mt and is must be handled in a manner that will Emily H. Menashes, setting aside the remaining 300 mt as maximize survivability, and without Deputy Director, Office of Sustainable bycatch to support other anticipated removing the fish from the water, Fisheries, National Marine Fisheries Service. groundfish fisheries. In accordance with consistent with requirements at [FR Doc. 2013–03847 Filed 2–14–13; 4:15 pm] § 679.20(d)(1)(iii), the Regional § 635.21(a)(1). For additional BILLING CODE 3510–22–P Administrator finds that this directed information on safe handling, see the fishing allowance has been reached. ‘‘Careful Catch and Release’’ brochure Consequently, NMFS is prohibiting available at www.nmfs.noaa.gov/sfa/ DEPARTMENT OF COMMERCE directed fishing for pollock in Statistical hms/. Area 630 of the GOA. If needed, subsequent General National Oceanic and Atmospheric After the effective date of this closure category adjustments will be published Administration the maximum retainable amounts at in the Federal Register. In addition, § 679.20(e) and (f) apply at any time fishermen may call the Atlantic Tunas 50 CFR Part 679 during a trip. Information Line at (888) 872–8862 or [Docket No. 111207737–2141–02] Classification (978) 281–9260, or access www.hmspermits.noaa.gov, for updates. RIN 0648–XC505 This action responds to the best available information recently obtained Classification Fisheries of the Exclusive Economic from the fishery. The Acting Assistant The Assistant Administrator for Zone Off Alaska; Pollock in Statistical Administrator for Fisheries, NOAA NMFS (AA) finds that it is impracticable Area 630 in the Gulf of Alaska (AA), finds good cause to waive the and contrary to the public interest to AGENCY: National Marine Fisheries requirement to provide prior notice and provide prior notice of, and an Service (NMFS), National Oceanic and opportunity for public comment opportunity for public comment on, this Atmospheric Administration (NOAA), pursuant to the authority set forth at 5 action for the following reasons: Commerce. U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as The regulations implementing the ACTION: Temporary rule; closure. such requirement is impracticable and Consolidated HMS FMP provide for contrary to the public interest. This inseason retention limit adjustments SUMMARY: NMFS is prohibiting directed requirement is impracticable and and fishery closures to respond to the fishing for pollock in Statistical Area contrary to the public interest as it

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