53150 Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Rules and Regulations

Authority: 21 U.S.C. 321(q), 346a and 371. § 180.940 Tolerance exemptions for active (a) * * * ■ 2. In § 180.940(a), the table is and inert ingredients for use in amended by adding alphabetically the antimicrobial formulations (Food-contact surface sanitizing solutions). following inert ingredient to read as follows: * * * * *

Pesticide chemical CAS Reg. No. Limits

******* Nitric acid ...... 7697–37–2 When ready for use, the end-use concentration is not to exceed 1,000 ppm.

*******

* * * * * persons and vessels subject to U.S. July 27, 2012), the baseline General [FR Doc. 2012–21354 Filed 8–30–12; 8:45 am] jurisdiction are found at 50 CFR part category quota and subquotas as BILLING CODE 6560–50–P 635. Section 635.27 subdivides the U.S. codified have not changed from the BFT quota recommended by the amounts established for the 2011 fishing International Commission for the year. DEPARTMENT OF COMMERCE Conservation of Atlantic Tunas (ICCAT) Unless changed, the General category among the various domestic fishing daily retention limit starting on National Oceanic and Atmospheric categories, per the allocations September 1 would be the default Administration established in the 2006 Consolidated retention limit of one large medium or Atlantic HMS Fishery Management Plan giant BFT (measuring 73 inches (185 50 CFR Part 635 (Consolidated HMS FMP) (71 FR 58058, cm) curved fork length (CFL) or greater) per vessel per day/trip (§ 635.23(a)(2)). [Docket No. 120306154–2241–02] October 2, 2006) and in accordance with implementing regulations. NMFS is This default retention limit applies to RIN 0648–XC162 required under ATCA and the General category permitted vessels and Magnuson-Stevens Act to provide U.S. to HMS Charter/Headboat category Atlantic Highly Migratory Species; fishing vessels with a reasonable permitted vessels when fishing Atlantic Bluefin Tuna Fisheries opportunity to harvest the ICCAT- commercially for BFT. AGENCY: National Marine Fisheries recommended quota. Adjustment of General Category Daily The 2010 ICCAT recommendation Service (NMFS), National Oceanic and Retention Limit regarding western BFT management Atmospheric Administration (NOAA), Under § 635.23(a)(4), NMFS may Commerce. resulted in baseline U.S. quotas for 2011 and for 2012 of 923.7 mt (not including increase or decrease the daily retention ACTION: Temporary rule; inseason the 25 mt ICCAT allocated to the United limit of large medium and giant BFT General category retention limit States to account for bycatch of BFT in over a range of zero to a maximum of adjustment. pelagic longline fisheries in the five per vessel based on consideration of the relevant criteria provided under SUMMARY: NMFS is adjusting the Northeast Distant Gear Restricted Area). Atlantic tunas General category daily The 2011 BFT quota rule (76 FR 39019, § 635.27(a)(8), which include: The Atlantic bluefin tuna (BFT) retention July 5, 2011) established a quota of usefulness of information obtained from limit from one to three large medium or 435.1 mt for the General category fishery catches in the particular category for giant BFT for the September, October, (the commercial tunas fishery in which biological sampling and monitoring of November, and December time periods handgear is used). Each of the General the status of the stock; effects of the of the 2012 fishing year, based on category time periods (January, June adjustment on BFT rebuilding and consideration of the regulatory through August, September, October overfishing; effects of the adjustment on determination criteria regarding through November, and December) is accomplishing the objectives of the inseason adjustments. This action allocated a portion of the annual fishery management plan; variations in applies to Atlantic tunas General General category quota. Through a seasonal BFT distribution, abundance, category permitted vessels and to Highly November 2011 final rule implementing or migration patterns; effects of catch Migratory Species (HMS) Charter/ adjustments to the BFT General and rates in one area precluding vessels in Headboat category permitted vessels Harpoon category regulations (76 FR another area from having a reasonable when fishing commercially for BFT. 74003, November 30, 2011), the January opportunity to harvest a portion of the BFT fishery may remain open until the category’s quota; and review of dealer DATES: Effective September 1, 2012, January subquota is reached or March reports, daily landing trends, and the through December 31, 2012. 31 (whichever happens first). Consistent availability of the BFT on the fishing FOR FURTHER INFORMATION CONTACT: with the allocation scheme established grounds. Unused General category quota Sarah McLaughlin or Brad McHale, in the Consolidated HMS FMP and rolls forward within a fishing year to the 978–281–9260. implementing regulations, the baseline subsequent subquota time period, e.g., SUPPLEMENTARY INFORMATION: category subquotas were established in from the June through August period to Regulations implemented under the the 2011 BFT quota rule as follows: 23.1 the September period, and so on. authority of the Atlantic Tunas mt for January; 217.6 mt for June For the 2011 fishing year, NMFS Convention Act (ATCA; 16 U.S.C. 971 et through August; 115.3 mt for adjusted the General category limit from seq.) and the Magnuson-Stevens Fishery September; 56.6 mt for October through the default level of one large medium or Conservation and Management Act November; and 22.6 mt for January. giant BFT as follows: Two large medium (Magnuson-Stevens Act; 16 U.S.C. 1801 Although NMFS published quota or giant BFT for the January subquota et seq.) governing the harvest of BFT by specifications for 2012 (77 FR 44161, period (75 FR 79309, December 20,

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2010); three large medium or giant BFT remain at approximately 1 mt per day. limit of three fish may not be exceeded for June through November 5 (76 FR Given the rollover of unused quota from upon landing. This General category 32086, June 3, 2011; and 76 FR 52886, the one time period to the next, current retention limit is effective in all areas, August 24, 2011); and two large medium catch rates, and the fact that the daily except for the Gulf of Mexico, and or giant BFT for November 6 through retention limit will automatically revert applies to those vessels permitted in the December 31, 2011 (76 FR 69137, to one large medium or giant BFT per General category, as well as to those November 8, 2011). The November 2011 vessel per day on September 1, 2012, HMS Charter/Headboat permitted adjustment was in conjunction with an absent agency action, NMFS anticipates vessels fishing commercially for BFT. inseason quota transfer of 50 mt from the full 2012 General category quota Monitoring and Reporting the Reserve category to the General may not be harvested. However, based category. on the pattern exhibited over the last NMFS will continue to monitor the NMFS adjusted the limit for the 2012 few years, NMFS anticipates an increase BFT fishery closely through the January subquota period from the in both landings of BFT (in number) and mandatory dealer landing reports, default level of one large medium or average fish weight for the remainder of which NMFS requires to be submitted giant BFT to two large medium or giant the year, relative to the same period of within 24 hours of a dealer receiving BFT (76 FR 76900, December 9, 2011). 2011, such that a continued three-fish BFT. Depending on the level of fishing That retention limit was effective from limit may result in higher landings than effort and catch rates of BFT, NMFS January 1, 2012, until January 22, 2012, in previous years. may determine that additional retention when NMFS closed the fishery because A lower retention limit could result in limit adjustments are necessary to the January subquota had been met (77 unused quota being added to the later ensure available quota is not exceeded FR 3637, January 25, 2012). For the June portion of the General category season or to enhance scientific data collection through August 2012 period, NMFS (i.e., rolling forward to the subsequent from, and fishing opportunities in, all adjusted the limit to three large medium subquota time period). Increasing the geographic areas. or giant BFT (77 FR 28496, May 15, daily retention limit from the default Closures or subsequent adjustments to 2012). may mitigate rolling an excessive the daily retention limits, if any, will be NMFS has considered the criteria at amount of unused quota from one time published in the Federal Register. In § 635.27(a)(8) and their applicability to period to the next. Increasing the daily addition, fishermen may call the the General category BFT retention limit limit from three to four or five fish, Atlantic Tunas Information Line at (888) for the September through December however, may risk exceeding the 872–8862 or (978) 281–9260, or access 2012 General category fishery. These available General category quota. As www.hmspermits.gov, for updates on considerations include, but are not referred to above, by late October 2011, quota monitoring and retention limit limited to, the following: Biological NMFS determined that the General adjustments. samples collected from BFT landed by category had reached 95 percent of its Classification General category fishermen and 2011 quota of 435.1 mt under the three- provided by BFT dealers continue to fish limit that was in effect. In order to The Assistant Administrator for provide NMFS with valuable parts and extend fishing opportunities and allow NMFS (AA) finds that it is impracticable data for ongoing scientific studies of continued collection of biological and contrary to the public interest to BFT age and growth, migration, and samples from General category landings provide prior notice of, and an reproductive status. As this action throughout the remainder of 2011, opportunity for public comment on, this would be taken consistent with the NMFS transferred 50 mt of available action for the following reasons: quotas previously established and quota from the Reserve to the General The regulations implementing the analyzed in the 2011 BFT quotas final category and reduced the daily retention Consolidated HMS FMP provide for rule (76 FR 39019, July 5, 2011), and limit from three to two fish in November inseason retention limit adjustments to consistent with objectives of the 2011 (76 FR 69137, November 8, 2011). respond to the unpredictable nature of Consolidated HMS FMP, it is not Based on these considerations, NMFS BFT availability on the fishing grounds, expected to negatively impact stock has determined that a three-fish General the migratory nature of this species, and health. A principal consideration is the category retention limit is warranted. It the regional variations in the BFT objective of providing opportunities to would provide a reasonable opportunity fishery. Affording prior notice and harvest the full General category quota to harvest the U.S. quota of BFT without opportunity for public comment to without exceeding it based upon the exceeding it, while maintaining an implement these retention limits is Consolidated HMS FMP goal: equitable distribution of fishing impracticable as NMFS needs to wait ‘‘Consistent with other objectives of this opportunities, help achieve optimum until it has necessary data and FMP, to manage Atlantic HMS fisheries yield in the General category BFT information about the fishery before it for continuing optimum yield so as to fishery, allow collection of a broad can select the appropriate retention provide the greatest overall benefit to range of data for stock monitoring limit for a time period prescribed by the Nation, particularly with respect to purposes, and be consistent with the regulation. By the time NMFS has the food production, providing recreational objectives of the Consolidated HMS needed data, implementing the opportunities, preserving traditional FMP. Therefore, NMFS increases the retention limit following a public fisheries, and taking into account the General category retention limit from comment period would preclude protection of marine ecosystems.’’ the default limit to three large medium fishermen from harvesting BFT that are Commercial-sized BFT migrated to the or giant BFT per vessel per day/trip, legally available consistent with all of fishing grounds off New England by effective September 1, 2012, through the regulatory criteria. Analysis of early June and are actively being landed. December 31, 2012. available data shows that the General Lastly, despite the three-fish daily Regardless of the duration of a fishing category BFT retention limits may be retention limit, 2012 General category trip, the daily retention limit applies increased with minimal risks of landings remain low. upon landing. For example, whether a exceeding the ICCAT-allocated quota. As of August 14, 2012, 137.3 mt of the vessel fishing under the General Delays in increasing these retention 2012 General category quota of 435.1 mt category limit takes a two-day trip or limits would adversely affect those have been landed, and landings rates makes two trips in one day, the daily General and Charter/Headboat category

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vessels that would otherwise have an line or pot gear in the Bering Sea and trawl gear will not be able to harvest 500 opportunity to harvest more than the Aleutian Islands management area. This mt of the 2012 Pacific cod TAC default retention limit of one BFT per action is necessary to allow the 2012 allocated to those vessels under day/trip and may exacerbate the total allowable catch of Pacific cod to be § 679.20(a)(7)(ii)(A)(9). Therefore, in problem of low catch rates and quota harvested. accordance with § 679.20(a)(7)(iii)(A), rollovers. Limited opportunities to DATES: Effective August 28, 2012, NMFS reallocates 500 mt of Pacific cod harvest the respective quotas may have through 2400 hrs, Alaska local time from catcher vessels using trawl gear to negative social and economic impacts (A.l.t.), December 31, 2012. catcher vessels less than 60 feet (18.3 m) for U.S. fishermen that depend upon FOR FURTHER INFORMATION CONTACT: LOA using hook-and-line or pot gear. catching the available quota within the Obren Davis, 907–586–7228. The harvest specifications for Pacific time periods designated in the SUPPLEMENTARY INFORMATION: NMFS cod included in the final 2012 harvest Consolidated HMS FMP. Adjustment of manages the groundfish fishery in the specifications for groundfish in the the retention limit needs to be effective Bering Sea and Aleutian Islands (BSAI) BSAI (77 FR 10669, February 23, 2012) September 1, 2012, or as soon as according to the Fishery Management and inseason adjustment (77 FR 8176, possible thereafter, to minimize any Plan for Groundfish of the Bering Sea February 14, 2012) are revised as unnecessary disruption in fishing and Aleutian Islands Management Area follows: 463 mt for vessels using jig patterns, to allow the impacted sectors (FMP) prepared by the North Pacific gear, 30 mt for catcher vessels greater to benefit from the adjustment, and to Fishery Management Council under than or equal to 60 feet (18.3 m) LOA not preclude fishing opportunities for authority of the Magnuson-Stevens using hook-and-line gear, 51,009 mt for fishermen who have access to the Fishery Conservation and Management vessels using trawl gear, and 8,380 mt fishery only during this time period. Act. Regulations governing fishing by to catcher vessels less than 60 feet (18.3 Therefore, the AA finds good cause U.S. vessels in accordance with the FMP m) LOA using hook-and-line or pot gear. under 5 U.S.C. 553(b)(B) to waive prior appear at subpart H of 50 CFR part 600 Classification notice and the opportunity for public and 50 CFR part 679. comment. For these reasons, there is The 2012 Pacific cod total allowable This action responds to the best good cause under 5 U.S.C. 553(d) to catch (TAC) specified for vessels using available information recently obtained waive the 30-day delay in effectiveness. jig gear in the BSAI is 1,463 metric tons from the fishery. The Assistant This action is being taken under 50 (mt) as established by the final 2012 and Administrator for Fisheries, NOAA CFR 635.23(a)(4) and is exempt from 2013 harvest specifications for (AA), finds good cause to waive the review under Executive Order 12866. groundfish in the BSAI (77 FR 10669, requirement to provide prior notice and Authority: 16 U.S.C. 971 et seq. and 1801 February 23, 2012). The Administrator, opportunity for public comment et seq. Alaska Region, NMFS, (Regional pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is Dated: August 28, 2012. Administrator) has determined that jig impracticable and contrary to the public Lindsay Fullenkamp, vessels will not be able to harvest 1,000 mt of the remaining 2012 Pacific cod interest. This requirement is Acting Deputy Director, Office of Sustainable impracticable and contrary to the public Fisheries, National Marine Fisheries Service. TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1). Therefore, in interest as it would prevent NMFS from [FR Doc. 2012–21579 Filed 8–28–12; 4:15 pm] responding to the most recent fisheries BILLING CODE 3510–22–P accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 1,000 mt of Pacific data in a timely fashion and would cod to catcher vessels less than 60 feet delay the reallocation of Pacific cod specified from other sectors to catcher DEPARTMENT OF COMMERCE (18.3 meters(m)) LOA using hook-and- line or pot gear. vessels less than 60 feet (18.3 m) LOA National Oceanic and Atmospheric The 2012 Pacific cod TAC specified using hook-and-line or pot gear. Since Administration for catcher vessels greater than or equal the fishery is currently open, it is to 60 feet LOA using hook-and-line gear important to immediately inform the 50 CFR Part 679 in the BSAI is 465 mt as established by industry as to the revised allocations. Immediate notification is necessary to [Docket No. 111213751–2102–02] the final 2012 and 2013 harvest specifications for groundfish in the allow for the orderly conduct and RIN 0648–XC202 BSAI (77 FR 10669, February 23, 2012). efficient operation of this fishery, to The Regional Administrator has allow the industry to plan for the fishing Fisheries of the Exclusive Economic determined that catcher vessels greater season, and to avoid potential Zone Off Alaska; Reallocation of than or equal to 60 feet LOA using hook- disruption to the fishing fleet as well as Pacific Cod in the Bering Sea and and-line gear will not be able to harvest processors. NMFS was unable to Aleutian Islands Management Area 435 mt of the remaining 2012 Pacific publish a notice providing time for public comment because the most AGENCY: National Marine Fisheries cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(3). Therefore, recent, relevant data only became Service (NMFS), National Oceanic and available as of August 27, 2012. Atmospheric Administration (NOAA), in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 435 mt of Pacific cod The AA also finds good cause to Commerce. waive the 30-day delay in the effective ACTION: Temporary rule; reallocation. to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. date of this action under 5 U.S.C. SUMMARY: NMFS is reallocating the The 2012 Pacific cod total allowable 553(d)(3). This finding is based upon projected unused amounts of Pacific cod catch specified for catcher vessels using the reasons provided above for waiver of from vessels using jig gear, catcher trawl gear in the BSAI is 51,509 mt as prior notice and opportunity for public vessels greater than 60 feet (18.3 meters) established by the final 2012 and 2013 comment. length overall (LOA) using hook-and- harvest specifications for groundfish in This action is required by § 679.20 line gear, and catcher vessels using the BSAI (77 FR 10669, February 23, and is exempt from review under trawl gear to catcher vessels less than 60 2012). The Regional Administrator has Executive Order 12866. feet (18.3 meters) LOA using hook-and- determined that catcher vessels using Authority: 16 U.S.C. 1801 et seq.

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