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Vol. 79 Tuesday, No. 231 December 2, 2014 Part II Department of Commerce National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 635 Atlantic Highly Migratory Species; 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan; Amendment 7; Final Rule VerDate Sep<11>2014 15:36 Dec 01, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02DER2.SGM 02DER2 rljohnson on DSK3VPTVN1PROD with RULES2 71510 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations DEPARTMENT OF COMMERCE inseason adjustment of the General proposed the ‘‘preferred alternatives’’ category quota and Harpoon category analyzed in the Draft Amendment 7 National Oceanic and Atmospheric retention limits; and changes the Environmental Impact Statement and Administration allocation of the Angling category solicited public comments on the Trophy South subquota for the Gulf of measures, which were designed to 15 CFR Part 902 Mexico. Finally, this rule implements address the following objectives: (1) several measures not directly related to Prevent overfishing of and rebuild 50 CFR Part 635 bluefin tuna management, including a bluefin tuna stock, achieve on a continuing basis optimum yield, and [Docket No. 120328229–4949–02] U.S. North Atlantic albacore tuna quota; modified rules regarding permit minimize bluefin bycatch to the extent RIN 0648–BC09 category changes; and minor changes in practicable by ensuring that domestic the HMS regulations for administrative bluefin tuna fisheries continue to Atlantic Highly Migratory Species; or clarification purposes. operate within the overall total 2006 Consolidated Atlantic Highly DATES: Effective January 1, 2015, except allowable catch (TAC) set by ICCAT Migratory Species (HMS) Fishery for § 635.9(b)(2)(ii), (e)(1), which are consistent with the existing rebuilding Management Plan; Amendment 7 effective June 1, 2015; and plan; (2) optimize the ability for all permit categories to harvest their full AGENCY: National Marine Fisheries § 635.15(b)(3), (b)(4)(ii), and (b)(5)(i), Service (NMFS), National Oceanic and which are effective January 1, 2016. bluefin quota allocations, account for mortality associated with discarded Atmospheric Administration (NOAA), ADDRESSES: Copies of Amendment 7 to bluefin in all categories, maintain Commerce. the 2006 Consolidated HMS FMP, including the Final Environmental flexibility of the regulations to account ACTION: Final rule. for the highly variable nature of the Impact Statement (FEIS), and other bluefin fisheries, and maintain fairness SUMMARY: This final rule implements relevant documents are available from among permit/quota categories; (3) Amendment 7 to the 2006 Consolidated the HMS Management Division Web site reduce dead discards of bluefin tuna Atlantic Highly Migratory Species at http://www.nmfs.noaa.gov/sfa/hms/. and minimize reductions in target catch Fishery Management Plan (2006 FOR FURTHER INFORMATION CONTACT: in both directed and incidental bluefin Consolidated HMS FMP) to ensure Thomas Warren or Brad McHale at 978– fisheries, to the extent practicable; (4) sustainable management of bluefin tuna 281–9260. improve the scope and quality of catch consistent with the 2006 HMS FMP and SUPPLEMENTARY INFORMATION: The U.S. data through enhanced reporting and address ongoing management challenges Atlantic tuna fisheries are managed monitoring to ensure that landings and in the Atlantic bluefin tuna fisheries. under the 2006 Consolidated HMS FMP dead discards do not exceed the quota This final rule also implements minor and regulations at 50 CFR part 635, and to improve accounting for all regulatory changes related to the pursuant to the authority of the sources of fishing mortality; and (5) management of Atlantic HMS. Magnuson-Stevens Act and ATCA. adjust other aspects of the 2006 Amendment 7 management measures Under ATCA, the Secretary shall Consolidated HMS FMP as necessary were developed by NMFS under the promulgate such regulations as may be and appropriate, including northern authority of the Magnuson-Stevens necessary and appropriate to carry out albacore tuna quota implementation. Fishery Conservation and Management International Commission for the On August 22, 2013 (78 FR 52123), Act (Magnuson-Stevens Act) and the Conservation of Atlantic Tunas (ICCAT) NMFS published a notice in the Federal Atlantic Tunas Convention Act (ATCA). recommendations. The authority to Register informing the public of the date This final rule: Allocates U.S. bluefin issue regulations under the Magnuson- and locations of public hearings on tuna quota among domestic fishing Stevens Act and ATCA has been Amendment 7. From August 2013 to categories; implements measures delegated from the Secretary to the January 2014, NMFS conducted 11 applicable to the pelagic longline Assistant Administrator for Fisheries, public hearings, and consulted with the fishery, including Individual Bluefin NOAA (AA). On October 2, 2006, NMFS New England Fishery Management Quotas (IBQs), two new Gear Restricted published in the Federal Register (71 Council, the Gulf of Mexico Areas, closure of the pelagic longline FR 58058) final regulations, effective Management Council, and the South fishery when annual bluefin tuna quota November 1, 2006, implementing the Atlantic Fishery Management Council. is reached, elimination of target catch 2006 Consolidated HMS FMP, which The hearings were held in diverse requirements associated with retention details the management measures for locations in Atlantic and Gulf of Mexico of incidental bluefin tuna in the pelagic Atlantic HMS fisheries, including the coastal states. On August 30, 2013, the longline fishery, mandatory retention of incidental and directed Atlantic bluefin Environmental Protection Agency legal-sized bluefin tuna caught as tuna fisheries. published a Notice of Availability of the bycatch, expanded monitoring draft environmental impact statement requirements, including electronic Background (DEIS) (78 FR 53754; August 30, 2013). monitoring via cameras and bluefin tuna A brief summary of the background of The August 21, 2013, Amendment 7 catch reporting via Vessel Monitoring this final action is provided below. A proposed rule set the end of the public System (VMS), and transiting provisions more detailed history of the comment period as October 23, 2013, for pelagic and bottom longline vessels; development of these regulations, and but given the length and complexity of requires VMS use and reporting by the the alternatives considered, are the rule, and to provide additional time Purse Seine category; changes the start described in Amendment 7 to the 2006 for consideration of public comments in date of the Purse Seine category from Consolidated HMS FMP Final light of the November meeting of July 15 to a date within a range of June Environmental Impact Statement ICCAT, the end of the comment period 1 to August 15, to be established by an (Amendment 7 FEIS, August, 2014), was extended to December 10, 2013 (78 annual action; requires use of the which can be found online at the HMS FR 57340; September 18, 2013). Automated Catch Reporting System by Web site noted above. Subsequently, due to the government the General and Harpoon categories; NMFS published a proposed rule on shutdown in October 2013, and NMFS’ provides additional flexibility for August 21, 2013 (78 FR, 52032), which inability to respond to constituents VerDate Sep<11>2014 15:36 Dec 01, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02DER2.SGM 02DER2 rljohnson on DSK3VPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71511 during that time frame and based on below, the final rule measures were may be made for either 2 or 3 years from requests for an extension due to the designed to allow fishery participants to the subject year (i.e., adjustments based complexity of the measures covered in fully harvest, but not exceed, the U.S. on 2013 catches would be made in the DEIS, NMFS again extended the end bluefin quota by refining the existing either 2015 or 2016). Pursuant to ATCA of the public comment period until management tools. NMFS is and the Magnuson-Stevens Act, in this January 10, 2014, to provide additional implementing a detailed, multi-level final rule NMFS implements the ICCAT- opportunity for informed comment (78 approach to resolving challenges in recommended U.S. quota and FR 75327; December 11, 2013). On administering and carrying out the establishes provisions to adjust the base December 26, 2013, NMFS published a current quota system, which, if left quota for over or underharvests via Federal Register notice announcing a unaddressed, may otherwise result in annual quota specifications. public hearing conference call and overharvests of the U.S. quota in the webinar to provide additional future. These final rule measures Implemented Measures opportunity for the public from all directly support the goals of reducing The rule finalizes most of the geographic areas to comment (78 FR overfishing, rebuilding the western management measures that were 78322). bluefin stock, and achieving optimum contained in the proposed rule for The comments received on Draft yield by ensuring that the fishery Amendment 7 as they were proposed, Amendment 7 and its proposed rule, continues to be managed within the with several exceptions. This section and responses to those comments, are ICCAT-approved TAC, and consistent provides a summary of the final summarized
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