Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Rules and Regulations 21015 

Ordering Clauses 

93. Accordingly, it is ordered that the 

Petitions for Reconsideration filed by 

Robert A. Lynch on July 28, 2009, and 

Edward A. Schober on July 28, 2009, are 

granted in part to extent set forth above. 

94. It is further ordered that the 

Petitions for Reconsideration filed by 

CSN International on February 4, 2008; 

National Religious Broadcasters on 

February 15, 2008; and Positive 

Alternative Radio, Inc. and Educational 

Media Foundation on February 19, 

2008, are dismissed as moot. 

95. It is further ordered that pursuant 

to the authority contained in sections 

4(i), 301, 302, 303(e), 303(f) and 303(r) 

of the Communications Act of 1934, as 

amended, 47 U.S.C, 154(i), 301, 302, 

303(e), 303(f) and 303(r), and the Local 

Community Radio Act of 2010, Public 

Law 111–371, 124 Stat. 4072 (2011), this 

Fourth Report and Order is hereby 

adopted and Part 74 of the 

Commission’s rules are amended as set 

forth in Appendix D, effective 30 days 

after publication in the Federal 

Register. 

96. It is further ordered that the rules 

adopted herein will become effective 

thirty (30) days after publication in the 

Federal Register, except for any rules or 

requirements involving Paperwork 

Reduction Act burdens, which shall 

become effective upon announcement in 

the Federal Register of OMB approval 

and an effective date of the rule(s). 

97. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Fourth Report and Order, including 

the Final Regulatory Flexibility 

Analysis, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

List of Subjects in 47 CFR Part 74 

Radio. 

Federal Communications Commission. 

Sheryl D. Todd, 

Deputy Secretary. 

Rule changes 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 74 to 

read as follows: 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

■ 1. The authority citation for part 74 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 307, 309, 

336, and 554. 

■ 2. Section 74.1232(d) is revised to 

read as follows: 

§ 74.1232 Eligibility and licensing 

requirements. 

* * * * * 

(d) An authorization for an FM 

translator whose coverage contour 

extends beyond the protected contour of 

the commercial primary station will not 

be granted to the licensee or permittee 

of a commercial FM radio broadcast 

station. Similarly, such authorization 

will not be granted to any person or 

entity having any interest whatsoever, 

or any connection with a primary FM 

station. Interested and connected parties 

extend to group owners, corporate 

parents, shareholders, officers, directors, 

employees, general and limited 

partners, family members and business 

associates. For the purposes of this 

paragraph, the protected contour of the 

primary station shall be defined as 

follows: the predicted 0.5mV/m contour 

for commercial Class B stations, the 

predicted 0.7 mV/m contour for 

commercial Class B1 stations and the 

predicted 1 mV/m field strength contour 

for all other FM radio broadcast stations. 

The contours shall be as predicted in 

accordance with § 73.313(a) through (d) 

of this chapter. In the case of an FM 

radio broadcast station authorized with 

facilities in excess of those specified by 

§ 73.211 of this chapter, a co-owned 

commercial FM translator will only be 

authorized within the protected contour 

of the class of station being rebroadcast, 

as predicted on the basis of the 

maximum powers and heights set forth 

in that section for the applicable class 

of FM broadcast station concerned. An 

FM translator station in operation prior 

to March 1, 1991, which is owned by a 

commercial FM (primary) station and 

whose coverage contour extends beyond 

the protected contour of the primary 

station, may continue to be owned by 

such primary station until March 1, 

1994. Thereafter, any such FM translator 

station must be owned by independent 

parties. An FM translator station in 

operation prior to June 1, 1991, which 

is owned by a commercial FM radio 

broadcast station and whose coverage 

contour extends beyond the protected 

contour of the primary station, may 

continue to be owned by a commercial 

FM radio broadcast station until June 1, 

1994. Thereafter, any such FM translator 

station must be owned by independent 

parties. An FM translator providing 

service to an AM fill-in area will be 

authorized only to the permittee or 

licensee of the AM radio broadcast 

station being rebroadcast, or, in the case 

of an FM translator authorized to 

operate on an unreserved channel, to a 

party with a valid rebroadcast consent 

agreement with such a permittee or 

licensee to rebroadcast that station as 

the translator’s primary station. In 

addition, any FM translator providing 

service to an AM fill-in area must have 

been authorized by a license or 

construction permit in effect as of May 

1, 2009, or pursuant to an application 

that was pending as of May 1, 2009. A 

subsequent modification of any such 

FM translator will not affect its 

eligibility to rebroadcast an AM signal. 

* * * * * 

[FR Doc. 2012–8404 Filed 4–6–12; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 110210132–1275–02] 

RIN 0648–XB116 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

Angling category retention limit 

adjustment; southern area trophy fishery 

closure. 

SUMMARY: NMFS has determined that 

the Atlantic bluefin tuna (BFT) daily 

retention limit that applies to vessels 

permitted in the Highly Migratory 

Species (HMS) Charter/Headboat 

category (when fishing recreationally for 

BFT) should be adjusted for the 

remainder of 2012, based on 

consideration of the regulatory 

determination criteria regarding 

inseason adjustments and based on 

preliminary 2012 landings data. NMFS 

also closes the southern area Angling 

category fishery for large medium and 

giant (‘‘trophy’’) BFT. These actions are 

being taken consistent with the BFT 

fishery management objectives of the 

2006 Consolidated HMS Fishery 

Management Plan (Consolidated HMS 

FMP) and to prevent overharvest of the 

2012 Angling category quota. 

DATES: Effective April 7, 2012, through 

December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 


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21016 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Rules and Regulations 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota allocated by the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) among the 

various domestic fishing categories, per 

the allocations established in the 

Consolidated HMS FMP (71 FR 58058, 

October 2, 2006) and in accordance with 

implementing regulations. 

The 2012 BFT fishing year, which is 

managed on a calendar-year basis and 

subject to an annual calendar-year 

quota, began January 1, 2012. The 

Angling category season opened January 

1, 2012, and continues through 

December 31, 2012. Currently, the 

default Angling category daily retention 

limit of one school, large school, or 

small medium BFT (measuring 27 to 

less than 73 inches (68.5 to less than 

185 cm)) applies (§ 635.23(b)(2)). An 

annual limit of one large medium or 

giant BFT (73 inches or greater) per 

vessel also applies (§ 635.23(b)(1)). 

These retention limits apply to HMS 

Angling and HMS Charter/Headboat 

category permitted vessels (when 

fishing recreationally for BFT). 

The currently codified Angling 

category quota is 182 mt (94.9 mt for 

school BFT, 82.9 mt for large school/ 

small medium BFT, and 4.2 mt for large 

medium/giant BFT). 

Adjustment of Angling Category Daily 

Retention Limit 

Under § 635.23(b)(3), NMFS may 

increase or decrease the retention limit 

for any size class of BFT based on 

consideration of the criteria provided 

under § 635.27(a)(8), which include: 

• The usefulness of information 

obtained from catches in the particular 

category for biological sampling and 

monitoring of the status of the stock; 

• The catches of the particular 

category quota to date and the 

likelihood of closure of that segment of 

the fishery if no adjustment is made; 

• The projected ability of the vessels 

fishing under the particular category 

quota to harvest the additional amount 

of BFT before the end of the fishing 

year; 

• The estimated amounts by which 

quotas for other gear categories of the 

fishery might be exceeded; effects of the 

adjustment on BFT rebuilding and 

overfishing; 

• Effects of the adjustment on 

accomplishing the objectives of the 

fishery management plan; 

• Variations in seasonal distribution, 

abundance, or migration patterns of 

BFT; 

• Effects of catch rates in one area 

precluding vessels in another area from 

having a reasonable opportunity to 

harvest a portion of the category’s quota; 

and 

• Review of dealer reports, daily 

landing trends, and the availability of 

the BFT on the fishing grounds. 

Retention limits may be adjusted 

separately for specific vessel type, such 

as private vessels, headboats, or 

charterboats. 

NMFS has considered the set of 

criteria cited above and their 

applicability to the Angling category 

BFT retention limit for the 2012 Angling 

category fishery. NMFS examined the 

results of the 2008 through 2011 fishing 

seasons under the applicable daily 

retention limits, as well as the observed 

trend in the recreational fishery over 

that time period toward heavier fish, 

particularly in the small medium size 

range (59 to less than 73 inches). Data 

and dockside observations from 2008 

through 2011 indicated a shift in 

availability to the large school/small 

medium size class (47 to less than 73 

inches (119 to less than 185 cm)), 

particularly to large school BFT (47 to 

less than 59 inches (119 to less than 150 

cm)) in 2008 and to small medium BFT 

in 2009 through 2011. Large school and 

small medium BFT traditionally have 

been managed as one size class (47 to 

less than 73 inches). Over the last 5 

years, NMFS has found that as this 

cohort of fish aged and grew in weight 

but remained under 73 inches (i.e., the 

upper range of the large school/small 

medium size class), the large school/ 

small medium subquota was attained 

with fewer fish landed. 

In 2010 and in 2011, based on 

considerations of the available quota, 

fishery performance in recent years, and 

the availability of BFT on the fishing 

grounds, NMFS adjusted the Angling 

category retention limit from the default 

level to prohibit the retention of small 

medium BFT for the remainder of the 

respective fishing years (75 FR 33531, 

June 14, 2010, and 76 FR 18416, April 

4, 2011). Recognizing the different 

nature, socio-economic needs, and 

recent landings results of private and 

charter/headboat vessels, NMFS 

implemented separate limits for each. 

Effective June 12 through December 31, 

2010, and effective April 2 through 

December 31, 2011, the limit was one 

school or large school BFT per vessel 

per day/trip for private vessels (i.e., 

those with HMS Angling category 

permits), and was one school BFT and 

one large school BFT per vessel per day/ 

trip for charter vessels (i.e., those with 

HMS Charter/Headboat permits, when 

fishing recreationally for BFT). 

It is important that NMFS constrain 

landings to BFT subquotas both to 

adhere to the current FMP quota 

allocations and to ensure that landings 

are as consistent as possible with the 

pattern of fishing mortality (e.g., fish 

caught at each age) that was assumed in 

the projections of stock rebuilding. 

However, based on the annual growth 

rate of BFT and preliminary 2012 

recreational catch information, it is 

reasonable to assume that the cohort of 

fish described above largely has grown 

to greater than 73 inches, i.e., has 

moved through the recreational large 

school/small medium size class. 

Based on current considerations of the 

available quota, fishery performance in 

recent years, and the availability of BFT 

on the fishing grounds, NMFS has 

determined that the Angling category 

retention limit applicable to HMS 

Charter/Headboat category participants 

(when fishing recreationally) should be 

adjusted from the default level, and that 

implementation of separate limits for 

private and charter/headboat vessels is 

appropriate, recognizing the different 

nature, socio-economic needs, and 

recent landings results of the two 

components of the recreational BFT 

fishery. For example, charter operators 

historically have indicated that a multifish retention limit is vital to their 

ability to attract customers. In addition, 

2011 Large Pelagics Survey estimates 

indicate that charter/headboat BFT 

landings constitute approximately 35 

percent of recent recreational landings, 

with the remaining 65 percent landed 

by private vessels. 

Therefore, for private vessels (i.e., 

those with HMS Angling category 

permits), the limit is maintained at one 

school, large school, or small medium 

BFT per vessel per day/trip (i.e., one 

BFT measuring 27 to less than 73 

inches). For charter vessels (i.e., those 

with HMS Charter/Headboat permits), 

the limit is one school BFT and one 

large school/small medium BFT per 

vessel per day/trip when fishing 

recreationally for BFT (i.e., one BFT 

measuring 27 to less than 47 inches, and 

one BFT measuring 47 to less than 73 

inches). These retention limits are 

effective in all areas, except for the Gulf 

of Mexico, where NMFS prohibits 

targeted fishing for BFT. Regardless of 

the duration of a fishing trip, the daily 

retention limit applies upon landing. 

NMFS anticipates that the BFT daily 

retention limits in this action will result 


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Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Rules and Regulations 21017 

in landings during 2012 that would not 

exceed the available subquotas as 

codified in 2011. However, NMFS will 

monitor 2012 landings closely and will 

adjust the daily retention limit further 

through additional inseason actions if 

warranted. 

The determination to adjust the daily 

retention limit is based primarily on: the 

usefulness of information obtained from 

recreational BFT catches for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(8)(i)); catch to date 

and the likelihood of closure of the 

Angling category if no adjustment is 

made (§ 635.27(a)(8)(ii)); the effects of 

the adjustment on accomplishing the 

objectives of the Consolidated HMS 

FMP (§ 635.27(a)(8)(vi)); variations in 

seasonal distribution, abundance, or 

migration patterns of BFT 

(§ 635.27(a)(8)(vii)); and the anticipated 

availability of school, large school, and 

small medium BFT on the fishing 

grounds (§ 635.27(a)(8)(ix)). 

Angling Category Large Medium and 

Giant ‘‘Trophy’’ Fishery Closure 

The codified BFT quotas provide for 

4.2 mt of large medium and giant 

(trophy) BFT (measuring greater than 73 

inches) to be harvested from the 

regulatory area by vessels fishing under 

the Angling category quota, with 1.4 mt 

for the area north of 39°18′ N. lat. (off 

Great Egg Inlet, NJ) and 2.8 mt for the 

area south of 39°18′ N. lat. 

Based on information from the NMFS 

Automated Landings Reporting System 

and the North Carolina Tagging 

Program, NMFS has determined that the 

codified Angling category trophy BFT 

subquota has been taken and that a 

closure of the southern area trophy BFT 

fishery is warranted at this time. 

Therefore, fishing for, retaining, 

possessing, or landing large medium or 

giant (‘‘trophy’’) BFT south of 39°18′ N. 

lat. by persons aboard vessels permitted 

in the HMS Angling category and the 

HMS Charter/Headboat category (when 

fishing recreationally) must cease at 

11:30 p.m. local time on April 7, 2012. 

This action is taken consistent with the 

regulations at § 635.28(a)(1). 

These Angling category actions are 

intended to provide a reasonable 

opportunity to harvest the U.S. quota of 

BFT without exceeding it, while 

maintaining an equitable distribution of 

fishing opportunities; and to be 

consistent with the objectives of the 

Consolidated HMS FMP. 

HMS Angling and HMS Charter/ 

Headboat category permit holders may 

catch and release (or tag and release) 

BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs at 

§ 635.26. Anglers are also reminded that 

all BFT that are released must be 

handled in a manner that will maximize 

survivability, and without removing the 

fish from the water, consistent with 

requirements at § 635.21(a)(1). For 

additional information on safe handling, 

see the Careful Catch and Release 

brochure available at 

www.nmfs.noaa.gov/sfa/hms/. 

If needed, subsequent Angling 

category adjustments will be published 

in the Federal Register. In addition, 

fishermen may call the Atlantic Tunas 

Information Line at (888) 872–8862 or 

(978) 281–9260, or access 

www.hmspermits.gov, for updates. 

Classification 

The Assistant Administrator for 

NMFS (AA) finds that it is impracticable 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action for the following reasons: 

The regulations implementing the 

Consolidated HMS FMP provide for 

inseason retention limit adjustments to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. Based on available BFT quotas, 

fishery performance in recent years, the 

availability of BFT on the fishing 

grounds, among other considerations, an 

adjustment to the recreational BFT daily 

retention limit is warranted. Analysis of 

available data shows that adjustment to 

the BFT daily retention limit from the 

default level would result in minimal 

risks of exceeding the ICCAT-allocated 

quota. 

Furthermore, closure of the southern 

area Angling category trophy fishery is 

necessary to ensure sufficient quota 

remains available to ensure overall 2012 

fishing year landings are consistent with 

ICCAT recommendations and the 

Consolidated HMS FMP. NMFS 

provides notification of closures and 

retention limit adjustments by 

publishing the notice in the Federal 

Register, emailing individuals who have 

subscribed to the Atlantic HMS News 

electronic newsletter, and updating the 

information posted on the Atlantic 

Tunas Information Line and on 

www.hmspermits.gov. 

These fisheries are currently 

underway and delaying this action 

would be contrary to the public interest 

as it could result in excessive trophy 

BFT landings that potentially could 

result in future quota reductions for the 

Angling category and other BFT quota 

categories, depending on the magnitude 

of any Angling category overharvest. 

NMFS must close the southern area 

trophy BFT fishery before additional 

landings of these sizes of BFT 

accumulate. Delays in increasing the 

daily recreational BFT retention limits 

would adversely affect those Charter/ 

Headboat category vessels that would 

otherwise have an opportunity to 

harvest more than the default retention 

limit of one school, large school, or 

small medium BFT per day/trip and 

may exacerbate the problem of low 

catch rates and quota rollovers. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

there is good cause under 5 U.S.C. 

553(d) to waive the 30-day delay in 

effectiveness. 

This action is being taken under 

§§ 635.23(b)(3) and 635.28(a)(1), and is 

exempt from review under Executive 

Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: April 3, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–8474 Filed 4–4–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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