Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Proposed Rules 24161 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Geoffrey Glass, EPA Region IX, (415) 

972–3534, glass.geoffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: Hawaii State Department of 

Health Rules 11–60.1–3, 11–60.1–5, 11– 

60.1–7, 11–60.1–12, 11–60.1–19, 11– 

60.1–81, 11–60.1–82, 11–60.1–83, 11– 

60.1–84, 11–60.1–91, 11–60.1–92, 11– 

60.1–93, 11–60.1–99, 11–60.1–103, and 

11–60.1–104. In the Rules and 

Regulations section of this Federal 

Register, we are approving these local 

rules in a direct final action without 

prior proposal because we believe these 

SIP revisions are not controversial. If we 

receive adverse comments, however, we 

will publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: March 20, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–9704 Filed 4–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–BC09 

Atlantic Highly Migratory Species; 

Amendment 7 to the 2006 

Consolidated Atlantic Highly Migratory 

Species Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of intent (NOI) to hold 

public scoping meetings and to prepare 

a draft environmental impact statement 

(EIS); request for comments. 

SUMMARY: NMFS announces its intent to 

hold public scoping meetings to 

determine the scope and significance of 

issues to be analyzed in a draft 

environmental impact statement (EIS) 

on management measures for Atlantic 

bluefin tuna (BFT) and a potential 

proposed amendment to the 2006 

Consolidated HMS FMP based on that 

process. The public process will help 

NMFS determine if existing measures 

are the best means of achieving certain 

management objectives for Atlantic BFT 

and providing flexibility for future 

management, consistent with the 

Consolidated HMS FMP, the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), the Atlantic Tunas Convention Act 

(ATCA), and other relevant Federal 

laws. NMFS is also announcing the 

availability of a scoping document 

describing measures for potential 

inclusion in a proposed Amendment. 

Table 1, below, under SUPPLEMENTARY

INFORMATION, provides details for seven 

scoping meetings to discuss and collect 

comments on the scoping document and 

certain management objectives for BFT. 

NMFS is requesting comments on this 

NOI, and the management of BFT, 

including, but not limited to, those 

described in the scoping document. 

DATES: Written comments on this NOI 

and the scoping document must be 

received on or before July 15, 2012. 

ADDRESSES: Scoping meetings will be 

held at the locations listed below in 

Table 1 in SUPPLEMENTARY INFORMATION. 

You may submit comments, identified 

by ‘‘NOAA–NMFS–2012–0082’’, by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter ‘‘NOAA–NMFS–2012–0082’’ 

in the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Fax: 978–281–9340, Attn: Tom 

Warren. 

• Mail: Tom Warren, Highly 

Migratory Species Management 

Division, Office of Sustainable Fisheries 

(F/SF1), NMFS, 55 Great Republic 

Drive, Gloucester, MA 01930. 

• Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent by any other 

method, or to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments (enter N/ 

A in the required fields, if you wish to 

remain anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word or Excel, WordPerfect, 

or Adobe PDF file formats only. To be 

considered, electronic comments must 

be submitted via the Federal 

eRulemaking Portal http:// 

www.regulations.gov. Do not submit 

electronic comments to individual 

NMFS staff. 

The scoping document is available by 

sending your request to Tom Warren at 

the mailing address specified above, or 

by calling the phone number indicated 

below. The scoping document or the 

Consolidated HMS FMP also may be 

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24162 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Proposed Rules 

downloaded from the HMS Web site at 

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

FOR FURTHER INFORMATION CONTACT: Tom 

Warren or Brad McHale, 978–281–9260, 

or online at http://www.nmfs.noaa.gov/ 

sfa/hms/. 

SUPPLEMENTARY INFORMATION: 

Background 

Atlantic HMS, including BFT, are 

managed under the dual authority of the 

Magnuson-Stevens Act and ATCA. The 

Consolidated HMS FMP is implemented 

by regulations at 50 CFR part 635. 

Copies of the Consolidated HMS FMP 

are available upon request. The 1999 

FMP allocated the annual U.S. BFT 

quota recommended by ICCAT to BFT 

fishing categories based on landings 

from 1983–1991. Landings were the 

only portion of catch (i.e., ‘‘catch’’ 

includes both landings and dead 

discards) that were factored into the 

1999 FMP percentage allocation 

analysis for the various BFT fisheries at 

that time, as dead discards were 

accounted for under a separate ICCAT 

allocation. The fishing category 

percentage allocations continued 

unchanged in the 2006 Consolidated 

HMS FMP. The ICCAT provision for a 

separate dead discard allowance has 

since been eliminated, and dead 

discards must now be accounted for 

within annual quota allocations, along 

with landings. Furthermore, pursuant to 

ICCAT Recommendation 10–03, the 

amount of underharvest that is allowed 

to be carried forward from one year to 

the next recently has decreased. During 

the 2011 BFT quota and Atlantic tuna 

management measures rulemaking 

(2011 Quota Rule)(March 14, 2011; 76 

FR 13583) process, the adjusted quota 

for 2011 was insufficient to account for 

anticipated 2011 dead discards up front, 

while also providing base allocations for 

the categories per the percentages 

outlined in the Consolidated HMS FMP. 

The proposed 2012 specifications rule 

(77 FR 15712; March 16, 2012) 

anticipates a similar situation for the 

2012 fishing year. 

The range of comments received on 

the 2011 Quota Rule and during recent 

HMS Advisory Panel (AP) meetings has 

demonstrated the need for a 

comprehensive review of BFT 

management measures. Many comments 

raised issues that were outside of the 

scope of that rulemaking and would 

require more significant analyses 

because of the potential impacts on the 

environment, fisheries, and fishery 

participants. Some of the issues raised 

include, but are not limited to: Holding 

each quota category accountable for 

dead discards; changing domestic 

allocations among fishing categories; 

reducing BFT bycatch; modifying the 

permit structure for the fisheries; 

improved monitoring of catch in all BFT 

fisheries; providing incentives to the 

Longline category to reduce interactions 

with BFT; and reducing dead discards 

in the pelagic longline (PLL) fishery. 

Management Options and Request for 

Comments 

NMFS requests comments on 

management options, including, but not 

limited to, the following: Deduction of 

estimated dead discards from quotas at 

the beginning of the fishing year for all 

permit categories; revision of baseline 

quota allocations; methods to improve 

reporting and monitoring of dead 

discards and landings in all categories; 

elimination of target catch requirements 

for Longline category (pelagic); 

reduction of minimum BFT size 

restrictions; modification of BFT 

retention tolerances for Purse seine and 

Harpoon categories; specification of 

maximum catch limit for Angling 

category; mandatory retention of BFT in 

the Longline category; regional or 

individual BFT catch caps for the 

Longline category; modification to 

existing pelagic longline gear closed 

areas; creation of new pelagic longline 

gear closed area(s); modifications to subquota rules (e.g., how the General or 

Angling category subquota is divided up 

among seasons or areas); establishment 

of an annual quota and rollover 

provisions for Northern albacore tuna; 

and other administrative measures (such 

as regulations about permit issuance). 

NMFS also requests comment on any 

other fishery management issue 

pertaining to BFT fisheries, which the 

public believes should be further 

examined by NMFS. These comments 

will be used to assist in the 

development of a proposed Amendment 

7. The types of management measures 

under consideration for Amendment 7 

will include those described in the 

scoping document, as well as alternative 

measures that may be suggested during 

the scoping process. 

Scoping Process 

It is NMFS’s intent to encourage all 

persons affected by or otherwise 

interested in the management of BFT or 

other HMS species to participate in the 

process to determine the scope and 

significance of issues to be analyzed in 

the draft EIS and Amendment 7. All 

such persons are encouraged to submit 

written comments (see ADDRESSES) or 

comment at one of the scoping 

meetings. Persons submitting comments 

may wish to address the specific 

measures in the scoping document. 

NMFS intends to hold scoping 

meetings in the geographic areas that 

may be affected by these measures, 

including locations on the Atlantic and 

Gulf of Mexico coasts, and will consult 

with the Atlantic regional fishery 

management councils (Table 1). After 

scoping has been completed and public 

comment gathered and analyzed, NMFS 

will proceed with preparation of a draft 

EIS and proposed rule, which will 

include additional opportunities for 

public comment. The scope of the draft 

EIS will consist of the range of actions, 

alternatives, and impacts to be 

considered. Alternatives may include, 

but are not limited to, the following: not 

amending the Consolidated HMS FMP 

(taking no action); developing an 

amendment that contains management 

measure such as those described in this 

notice and in the scoping document; or 

other reasonable courses of action. 

Impacts may be direct, indirect, or 

cumulative. NMFS expects to present 

relevant draft documents at the fall 2012 

HMS AP meeting. 

TABLE 1—DATES, TIMES AND LOCATIONS OF THE SCOPING MEETINGS

Date Time Meeting locations Address 

May 8, 2012 ......................... 6:15–8:45 p.m. .... Toms River Library (Mancini Hall), Toms River, NJ ..... 101 Washington Street, Toms 

River, NJ 08753. 

May 16, 2012 ....................... 6:00–9:00 p.m. .... National Marine Fisheries Service, Northeast Regional 

Office, Gloucester, MA.

55 Great Republic Drive, Gloucester, MA 01930. 

May 21, 2012 ....................... 6:00–9:00 p.m. .... Plaquemines Parish Government Community Center, 

(Belle Chasse Auditorium), Belle Chasse, LA.

8398 Hwy 23, Belle Chasse, LA 

70037. 

May 23, 2012 ....................... 6:00–9:00 p.m. .... Dare County Administration Bldg., Manteo, NC ........... 954 Marshall C. Collins Dr., 

Manteo, NC 27954. 

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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Proposed Rules 24163 

TABLE 1—DATES, TIMES AND LOCATIONS OF THE SCOPING MEETINGS—Continued 

Date Time Meeting locations Address 

* Week of June 10, (specific 

date to be determined).

* To be announced 

(MAFMC.org).

Mid-Atlantic Fishery Management Council Meeting, 

New York, NY.

Hilton New York, 1335 Avenue of 

the Americas, New York, NY 

10019. 

* Week of June 10, (specific 

date to be determined).

* To be announced 

(SAFMC.net).

South Atlantic Fishery Management Council Meeting, 

Orlando, FL.

Renaissance Orlando Airport Hotel, 

5445 Forbes Place, Orlando, FL 

32812. 

* Week of June 17, (specific 

date to be determined).

* To be announced 

(NEFMC.org).

New England Fishery Management Council Meeting, 

Portland, ME.

Holiday Inn by the Bay, 88 Spring 

Street, Portland, ME 04101. 

* The public will be notified when the Council agendas are finalized, and the precise date and time of scoping have been scheduled. For updated information please go to www.nmfs.noaa.gov/sfa/hms/breakingnews.htm or visit the Council Web sites indicated above. 

The process of developing an FMP 

Amendment is expected to take 

approximately 2 years. In addition to 

future HMS AP input, public comment 

and future analyses, there are other 

relevant events anticipated that may 

impact the development of Amendment 

7, including a BFT stock assessment 

during the fall of 2012, a meeting of the 

Convention on the International Trade 

of Endangered Species (CITES) in the 

spring of 2013, revisiting the ‘‘species of 

concern’’ designation under the 

Endangered Species Act in 2013, and 

the annual meetings of ICCAT in 

November 2012 and 2013. 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

Dated: April 18, 2012. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–9756 Filed 4–20–12; 8:45 am] 

BILLING CODE 3510–22–P 

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