[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Rules and Regulations]
[Pages 32086-32087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13832]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 100317152-0176-01]
RIN 0648-XA393
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 general category retention limit
adjustment.
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SUMMARY: NMFS has determined that the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT) retention limit should be adjusted
for the June through August 2011 time period, based on consideration of
the regulatory determination criteria regarding inseason adjustments.
This action applies to Atlantic tunas General category permitted
vessels and Highly Migratory Species Charter/Headboat category
permitted vessels (when fishing commercially for BFT).
DATES: Effective June 3, 2011, through August 31, 2011.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the 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 recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the 2006 Consolidated Highly Migratory
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006).
The 2011 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2011. The General category season, which was open for the month of
January 2011, resumes on June 1, 2011, and continues through December
31, 2011. Starting on June 1, the General category daily retention
limit (Sec. 635.23(a)(2)), is scheduled to revert back to the default
retention limit of one large medium or giant BFT (measuring 73 inches
(185 cm) curved fork length (CFL) or greater) per vessel per day/trip.
This default retention limit applies to General category permitted
vessels and HMS Charter/Headboat category permitted vessels (when
fishing commercially for BFT). Each of the General category time
periods (January, June-August, September, October-November, and
December) is allocated a portion of the annual General category quota,
thereby ensuring extended fishing opportunities in years when catch
rates are high and quota is available. For the 2010 fishing year, NMFS
adjusted the General category limit from the default level of one large
medium or giant BFT as follows: two large medium or giant BFT for
January (74 FR 68709, December 29, 2009), and three large medium or
giant BFT for June through December (75 FR 30730, June 2, 2010; and 75
FR 51182, August 19, 2010). NMFS adjusted the January 2011 limit to two
large medium or giant BFT (75 FR 79309, December 20, 2010).
The 2010 ICCAT recommendation regarding western BFT management
resulted in a 2011 U.S. quota of 923.7 mt (not including a 25-mt
allocation that the United States uses to account for bycatch of BFT in
pelagic longline fisheries in the Northeast Distant Gear Restricted
Area (NED)). Consistent with the allocation scheme established in the
Consolidated HMS FMP, the baseline General category share would be
435.1 mt, and the baseline June through August General category
subquota would be 217.6 mt. In order to implement the ICCAT-recommended
baseline annual U.S. BFT quota, NMFS published a proposed rule that
would modify the U.S. BFT quota and base subquotas for all domestic
fishing categories, and establish BFT quota specifications for 2011 (76
FR 13583, March 14, 2011). Until the final rule is effective (likely
mid-June 2011), the BFT base quotas codified at Sec. 635.27(a) remain
in effect. The currently codified General category quota is 448.6 mt,
and the currently codified June through August General category
subquota is 224.3 mt.
Adjustment of General Category Daily Retention Limit
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of three per vessel based on consideration of the criteria
provided under Sec. 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; 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 a review of dealer reports, daily
landing trends, and the availability of the BFT on the fishing grounds.
NMFS has considered the set of criteria cited above and their
applicability to the General category BFT retention limit for the June-
August 2011 General category fishery. Based on General category
landings rates during the June through August time-period over the last
several years, it is highly unlikely that the June through August
subquota will be filled with the default daily retention limit of one
BFT per vessel. For example, under the three-fish limit that applied in
June-August 2010, June-August landings were approximately 118 mt. This
amount is less than both the 217.6 mt available under the 2010 ICCAT
recommendation and the 224.3 mt available under the current
regulations. NMFS expects landings from the General category in June
through August 2011 to be within the available quota, once finalized.
Furthermore, slow catch rates early in the season could result in
unused quota being added to the later portion of the General category
season. Increasing the daily retention limit from the default may
mitigate rolling an excessive amount of unused quota from one time-
period subquota to the next.
Based on considerations of the available quota, fishery performance
in recent years, and the availability of BFT on the fishing grounds,
NMFS has determined that the General category retention limit should be
adjusted to allow for retention of the anticipated 2011 General
category quota, and that the same approach used for June-August 2010 is
warranted. Therefore, NMFS increases the General category retention
limit from the default limit to three large
[[Page 32087]]
medium or giant BFT, measuring 73 inches or greater, per vessel per
day/trip, effective June 3, 2011, through August 31, 2011. Regardless
of the duration of a fishing trip, the daily retention limit applies
upon landing. For example, whether a vessel fishing under the General
category limit takes a two-day trip or makes two trips in one day, the
daily limit of three fish may not be exceeded upon landing. This
General category retention limit is effective in all areas, except for
the Gulf of Mexico, and applies to those vessels permitted in the
General category, as well as to those HMS Charter/Headboat permitted
vessels fishing commercially for BFT.
This adjustment is 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, to help achieve
optimum yield in the General category BFT fishery, to collect a broad
range of data for stock monitoring purposes, and to be consistent with
the objectives of the Consolidated HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention limit for June-August 2011 after
examining an array of data as it pertains to the determination
criteria. These data included, but were not limited to, current and
previous catch and effort rates in the BFT fisheries, quota
availability, previous public comments on inseason management measures,
and stock status, among other data. NMFS will continue to monitor the
BFT fishery closely through the mandatory dealer landing reports, which
NMFS requires to be submitted within 24 hours of a dealer receiving
BFT. Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional retention limit adjustments are
necessary to ensure available quota is not exceeded or to enhance
scientific data collection from, and fishing opportunities in, all
geographic areas.
Closures or subsequent adjustments to the daily retention limits,
if any, 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 http://www.hmspermits.gov, for
updates on quota monitoring and retention limit adjustments.
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.
Affording prior notice and opportunity for public comment to implement
these retention limits is impracticable as it would preclude NMFS from
acting promptly to allow harvest of BFT that are available on the
fishing grounds. Analysis of available data shows that the General
category BFT retention limits may be increased with minimal risks of
exceeding the ICCAT-allocated quota.
Delays in increasing these retention limits would adversely affect
those General and Charter/Headboat category vessels that would
otherwise have an opportunity to harvest more than the default
retention limit of one BFT per day/trip and may exacerbate the problem
of low catch rates and quota rollovers. Limited opportunities to
harvest the respective quotas may have negative social and economic
impacts for U.S. fishermen who depend upon catching the available quota
within the time periods designated in the Consolidated HMS FMP.
Adjustment of the retention limit needs to be effective June 1, 2011,
or as soon as possible thereafter, to minimize any unnecessary
disruption in fishing patterns and for the impacted sectors to benefit
from the adjustments so as to not preclude fishing opportunities for
fishermen who have access to the fishery only during this time period.
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, and because this action relieves a restriction (i.e.,
the default General category retention limit is one fish per vessel per
day/trip whereas this action increases that limit and allows retention
of additional fish), there is also good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under 50 CFR 635.23(a)(4) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 31, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-13832 Filed 5-31-11; 4:15 pm]
BILLING CODE 3510-22-P