Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations 3637

action would be contrary to the public BFT quota recommended by the released must be handled in a manner interest because any delay in the closure International Commission for the that will maximize survivability, and of the commercial harvest could result Conservation of Atlantic Tunas (ICCAT) without removing the fish from the in the commercial quota being among the various domestic fishing water, consistent with requirements at exceeded. There is a need to categories, consistent with the § 635.21(a)(1). For additional immediately implement this action to allocations established in the 2006 information on safe handling, see the protect the king mackerel resource Consolidated Atlantic Highly Migratory Careful Catch and Release brochure because the capacity of the fishing fleet Species Fishery Management Plan available at www.nmfs.noaa.gov/sfa/ allows for rapid harvest of the quota. (Consolidated HMS FMP) (71 FR 58058, hms/. October 2, 2006) and subsequent For the aforementioned reasons, the If needed, subsequent General rulemaking. AA also finds good cause to waive the category adjustments will be published 30-day delay in effectiveness under 5 NMFS is required, under § 635.28(a)(1), to file a closure notice in the Federal Register. In addition, U.S.C. 553(d)(3). fishermen may call the Atlantic Tunas This action is taken under 50 CFR with the Office of the Federal Register Information Line at (888) 872–8862 or 622.43(a) and is exempt from review for publication when a BFT quota is (978) 281–9260, or access under Executive Order 12866. reached or is projected to be reached. On and after the effective date and time www.hmspermits.gov, for updates. Authority: 16 U.S.C. 1801 et seq. of such notification, for the remainder of Classification Dated: January 20, 2012. the fishing year, or for a specified period Steven Thur, as indicated in the notification, fishing The Assistant Administrator for Acting Director, Office of Sustainable for, retaining, possessing, or landing NMFS (AA) finds that it is impracticable Fisheries, National Marine Fisheries Service. BFT under that quota category is and contrary to the public interest to [FR Doc. 2012–1565 Filed 1–20–12; 4:15 pm] prohibited until the opening of the provide prior notice of, and an BILLING CODE 3510–22–P subsequent quota period or until such opportunity for public comment on, this date as specified in the notice. action for the following reasons: The current General category baseline The regulations implementing the DEPARTMENT OF COMMERCE quota is 435.1 mt, with 23.1 mt Consolidated HMS FMP provide for allocated for the January time period. National Oceanic and Atmospheric On November 30, 2011, NMFS inseason retention limit adjustments to Administration published a final rule to address respond to the unpredictable nature of adjustments to the General and Harpoon BFT availability on the fishing grounds, 50 CFR Part 635 category regulations. Among other the migratory nature of this species, and the regional variations in the BFT [Docket No. 110210132–1275–02] actions, this final rule allowed the General category BFT season to remain fishery. The closure of the General RIN 0648–XA948 open until the January subquota is category January BFT fishery is reached or March 31 (whichever necessary to prevent overharvest of the Atlantic Highly Migratory Species; happens first). General category January BFT subquota. Atlantic Bluefin Tuna Fisheries; Based on the best available BFT NMFS provides notification of closures General Category Fishery landings information for the General by publishing the notice in the Federal Register, emailing individuals who have AGENCY: category BFT fishery (i.e., 17 mt of the National Marine Fisheries subscribed to the Atlantic HMS News Service (NMFS), National Oceanic and available 23.1 mt landed as of January 17, 2012), NMFS has determined that electronic newsletter, and updating the Atmospheric Administration (NOAA), information posted on the Atlantic Commerce. the General category January subquota will be reached by January 22, 2012. Tunas Information Line and on ACTION: Temporary rule; closure. Therefore, through May 31, 2012, www.hmspermits.gov. SUMMARY: NMFS closes the General fishing for, retaining, possessing, or These fisheries are currently category fishery for large medium and landing large medium or giant BFT by underway and delaying this action giant Atlantic bluefin tuna (BFT) until persons aboard vessels permitted in the would be contrary to the public interest the General category reopens on June 1, Atlantic Tunas General and HMS as it could result in excessive BFT 2012. This action is being taken to Charter/Headboat categories (while landings that may result in future prevent overharvest of the General fishing commercially) must cease at potential quota reductions for the category January BFT subquota. 11:30 p.m. local time on January 22, General category. NMFS must close the 2012. The General category will reopen DATES: Effective 11:30 p.m., local time, General category January BFT fishery automatically on June 1, 2012, for the January 22, 2012, through May 31, 2012. before landings of large medium and June through August subperiod. This giant BFT exceed the available FOR FURTHER INFORMATION CONTACT: action is taken consistent with the subquota. Therefore, the AA finds good Sarah McLaughlin or Brad McHale, regulations at §§ 635.27(a)(1)(iii) and cause under 5 U.S.C. 553(b)(B) to waive (978) 281–9260. 635.28(a)(1). The intent of this closure is prior notice and the opportunity for SUPPLEMENTARY INFORMATION: to prevent overharvest of the General public comment. For all of the above Regulations implemented under the category January BFT subquota. reasons, there is good cause under 5 authority of the Atlantic Tunas Limited catch and release fishing may U.S.C. 553(d) to waive the 30-day delay Convention Act (16 U.S.C. 971 et seq.) continue subject to the requirements of in effectiveness. and the Magnuson-Stevens Fishery the catch-and-release and tag-and- Conservation and Management Act release programs. Fishermen may catch This action is being taken under (Magnuson-Stevens Act; 16 U.S.C. 1801 and release (or tag and release) BFT of §§ 635.27(a)(1)(iii) and 635.28(a)(1), and et seq.) governing the harvest of BFT by all sizes, subject to the requirements of is exempt from review under Executive persons and vessels subject to U.S. the catch-and-release and tag-and- Order 12866. jurisdiction are found at 50 CFR part release programs at § 635.26. Fishermen Authority: 16 U.S.C. 971 et seq. and 1801 635. Section 635.27 subdivides the U.S. are also reminded that all BFT that are et seq.

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Dated: January 19, 2012. fishing allowance of 5,537 mt and is DEPARTMENT OF COMMERCE Carrie Selberg, setting aside the remaining 250 mt as Acting Director, Office of Sustainable bycatch to support other anticipated National Oceanic and Atmospheric Fisheries, National Marine Fisheries Service. groundfish fisheries. In accordance with Administration [FR Doc. 2012–1560 Filed 1–20–12; 4:15 pm] § 679.20(d)(1)(iii), the Regional BILLING CODE 3510–22–P Administrator finds that this directed 50 CFR Part 679 fishing allowance has been reached. [Docket No. 101126521–0640–02] Consequently, NMFS is prohibiting DEPARTMENT OF COMMERCE directed fishing for pollock in Statistical RIN 0648–XA955 Area 630 of the GOA. National Oceanic and Atmospheric Fisheries of the Exclusive Economic Administration After the effective date of this closure Zone Off Alaska; Pacific Cod by the maximum retainable amounts at Catcher/Processors Using Pot Gear in 50 CFR Part 679 § 679.20(e) and (f) apply at any time the Bering Sea and Aleutian Islands during a trip. [Docket No. 101126522–0640–02] Management Area RIN 0648–XA954 Classification AGENCY: National Marine Fisheries This action responds to the best Service (NMFS), National Oceanic and Fisheries of the Exclusive Economic Atmospheric Administration (NOAA), available information recently obtained Zone Off Alaska; Pollock in Statistical Commerce. Area 630 in the Gulf of Alaska from the fishery. The Assistant Administrator for Fisheries, NOAA ACTION: Temporary rule; closure. AGENCY: National Marine Fisheries (AA), finds good cause to waive the SUMMARY: Service (NMFS), National Oceanic and NMFS is prohibiting directed requirement to provide prior notice and fishing for Pacific cod by pot catcher/ Atmospheric Administration (NOAA), opportunity for public comment Commerce. processors in the Bering Sea and pursuant to the authority set forth at 5 Aleutian Islands management area ACTION: Temporary rule; closure. U.S.C. 553(b)(B) as such requirement is (BSAI). This action is necessary to SUMMARY: NMFS is prohibiting directed impracticable and contrary to the public prevent exceeding the A season fishing for pollock in Statistical Area interest. This requirement is apportionment of the 2012 Pacific cod 630 in the Gulf of Alaska (GOA). This impracticable and contrary to the public total allowable catch (TAC) specified for action is necessary to prevent exceeding interest as it would prevent NMFS from pot catcher/processors in the BSAI. the A season allowance of the 2012 total responding to the most recent fisheries DATES: Effective 1200 hrs, Alaska local allowable catch of pollock for Statistical data in a timely fashion and would time (A.l.t.), January 23, 2012, through Area 630 in the GOA. delay the closure of pollock in 1200 hrs, A.l.t., September 1, 2012. DATES: Effective 1200 hrs, Alaska local Statistical Area 630 of the GOA. NMFS FOR FURTHER INFORMATION CONTACT: Josh time (A.l.t.), January 23, 2012, through was unable to publish a notice Keaton, (907) 586–7228. 1200 hrs, A.l.t., March 10, 2012. providing time for public comment SUPPLEMENTARY INFORMATION: NMFS FOR FURTHER INFORMATION CONTACT: Josh because the most recent, relevant data manages the groundfish fishery in the Keaton, (907) 586–7228. only became available as of January 19, BSAI exclusive economic zone SUPPLEMENTARY INFORMATION: NMFS 2012. according to the Fishery Management manages the groundfish fishery in the The AA also finds good cause to Plan for Groundfish of the Bering Sea GOA exclusive economic zone waive the 30-day delay in the effective and Aleutian Islands Management Area according to the Fishery Management date of this action under 5 U.S.C. (FMP) prepared by the North Pacific Plan for Groundfish of the Gulf of 553(d)(3). This finding is based upon Fishery Management Council under Alaska (FMP) prepared by the North the reasons provided above for waiver of authority of the Magnuson-Stevens Pacific Fishery Management Council prior notice and opportunity for public Fishery Conservation and Management under authority of the Magnuson- comment. Act. Regulations governing fishing by Stevens Fishery Conservation and U.S. vessels in accordance with the FMP This action is required by § 679.20 Management Act. Regulations governing appear at subpart H of 50 CFR part 600 fishing by U.S. vessels in accordance and is exempt from review under and 50 CFR part 679. with the FMP appear at subpart H of 50 Executive Order 12866. The A season apportionment of the CFR part 600 and 50 CFR part 679. Authority: 16 U.S.C. 1801 et seq. 2012 Pacific cod TAC allocated as a directed fishing allowance to pot The A season allowance of the 2012 Dated: January 20, 2012. total allowable catch (TAC) of pollock in catcher/processors in the BSAI is 1,777 Statistical Area 630 of the GOA is 5,787 Steven Thur, metric tons as established by the final metric tons (mt) as established by the Acting Director, Office of Sustainable 2011 and 2012 harvest specifications for final 2011 and 2012 harvest Fisheries, National Marine Fisheries Service. groundfish in the BSAI (76 FR 11139, specifications for groundfish of the GOA [FR Doc. 2012–1562 Filed 1–20–12; 4:15 pm] March 1, 2011) and inseason adjustment (76 FR 11111, March 1, 2011) and BILLING CODE 3510–22–P (76 FR 81875, December 29, 2011). inseason adjustment (77 FR 438, January In accordance with § 679.20(d)(1)(iii), 5, 2012). the Administrator, Alaska Region, In accordance with § 679.20(d)(1)(i), NMFS, has determined that the A the Regional Administrator has season apportionment of the 2012 determined that the A season allowance Pacific cod TAC allocated as a directed of the 2012 TAC of pollock in Statistical fishing allowance to pot catcher/ Area 630 of the GOA will soon be processors in the BSAI has been reached. Therefore, the Regional reached. Consequently, NMFS is Administrator is establishing a directed prohibiting directed fishing for Pacific

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