[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Rules and Regulations]
[Pages 74612-74615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30322]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120306154-2241-02]
RIN 0648-XC382
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 quota transfer and General category
retention limit adjustment.
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SUMMARY: NMFS is transferring 40 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category for
the remainder of the 2012 fishing year. NMFS also is adjusting the
Atlantic tunas General category BFT daily retention limit to two large
medium or giant BFT for the January 2013 subquota period (i.e., from
January 1 through March 31, 2013, or until the available subquota for
that period is reached, whichever comes first). This action is based on
consideration of the regulatory determination criteria regarding
inseason adjustments, and applies to Atlantic tunas General category
(commercial) permitted vessels and Highly Migratory Species (HMS)
Charter/Headboat category permitted vessels when fishing commercially
for BFT.
DATES: The quota transfer is effective December 15, 2012, through
December 31, 2012. The General category retention limit adjustment is
effective January 1, 2013, through March 31, 2013.
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 (ATCA; 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 (Consolidated HMS FMP) (71 FR 58058,
October 2, 2006) and in accordance with implementing regulations. NMFS
is required under ATCA and the Magnuson-Stevens Act to provide U.S.
fishing vessels with a reasonable opportunity to harvest the ICCAT-
recommended quota.
The 2010 ICCAT recommendation regarding western BFT management
resulted in baseline U.S. quotas for 2011 and for 2012 of 923.7 mt (not
including the 25 mt ICCAT allocated to the United States to account for
bycatch of BFT in pelagic longline fisheries in the Northeast Distant
Gear Restricted Area). The 2011 BFT quota rule (76 FR 39019, July 5,
2011) implemented the base quota of 435.1 mt for the General category
fishery (the commercial tunas fishery in which handgear is used). Each
of the General category time periods (January, June through August,
September, October through November, and December) is allocated a
portion of the annual General category quota. The 2012 BFT quota
specifications (77 FR 44161, July 27, 2012) also put 41.8 mt into the
Reserve category for inseason adjustments, and potential quota
transfers, scientific research collection, and accounting for potential
overharvest in any category except the Purse Seine category.
The 2012 General category fishery is open until December 31, 2012,
or until the General category quota is reached, whichever comes first.
The 2013 General category fishery will open on
[[Page 74613]]
January 1, 2013. This fishery may remain open until the ``January
subquota'' amount is reached or March 31 (whichever comes first). The
General category will then reopen for the remainder of the 2013 fishing
year on June 1, 2013.
Consistent with the allocation scheme established in the
Consolidated HMS FMP and implementing regulations, the baseline
category subquotas were established in the 2011 BFT quota rule as
follows: 23.1 mt for January; 217.6 mt for June through August; 115.3
mt for September; 56.6 mt for October through November; and 22.6 mt for
December. Although NMFS published quota specifications for 2012 (77 FR
44161, July 27, 2012), the baseline General category quota and
subquotas as codified have not changed from the amounts established for
the 2011 fishing year. The 2012 ICCAT recommendation regarding western
BFT management did not result in changes to the baseline U.S. quota for
2013.
Inseason Transfer to the General Category
Under Sec. 635.27(a)(7), NMFS has the authority to allocate any
portion of the Reserve category to any other category, other than the
Angling category school BFT subquota (for which there is a separate
reserve), after considering determination 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; 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 a review of dealer reports, daily landing trends, and the
availability of the BFT on the fishing grounds.
NMFS has considered the determination criteria regarding inseason
adjustments and their applicability to the General category fishery for
the remainder of the 2012 fishing year. These considerations include,
but are not limited to, the following:
As of November 28, 2012, the General category has landed 428 mt, or
98.4 percent of its 2012 quota of 435.1 mt. Without a quota transfer at
this time, most or all of the December subquota established in the 2011
final quota rule per the Consolidated HMS FMP (i.e., 5.2 percent of the
General category quota, which is 22.6 mt for December 2012) effectively
would not be available to fishermen who participate in the December
fishery because nearly the entire General category quota has been used
as of the end of November. Overall, approximately 72 percent (536 mt)
of the total of the commercial BFT subquotas (747.2 mt, as published in
the 2012 BFT quota specifications) has been harvested as of November
28, 2012. The Purse Seine, Harpoon, and Trap categories are not
expected to use all of their available 2012 quotas (i.e., approximately
175 mt or more may remain unused). Also, as set out in the 2012 BFT
quota specifications, NMFS will need to account for 2012 BFT landings
and dead discards within the U.S. quota, consistent with ICCAT
recommendations.
A transfer from the Reserve category decreases the amount of unused
quota available, if needed, to account for all landings and dead
discards within the total 2012 U.S. quota once the dead discard
information is available. However, our best estimates, in part based on
a review of dead discard amounts over prior years and an initial
examination of preliminary recreational landings estimates, indicate
that the risk of exceeding the overall quota is very small. In the
process of setting the 2012 BFT specifications, NMFS has already
accounted up front for half of the current best estimate of the 2012
bluefin tuna dead discards, and held a portion of the 2011 underharvest
in the Reserve category rather than allocating it fully, indicating it
could provide for greater management and accounting flexibility later
in the fishing year. A quota transfer at this time would provide
additional opportunities to harvest the available U.S. bluefin quota
without exceeding it, while preserving the opportunity for General
category fishermen to participate in the winter mid-Atlantic bluefin
fishery that typically begins in December. In addition, several
Atlantic tuna dealers are currently providing biological samples from
BFT caught by General category vessels to support ongoing NMFS-approved
research regarding reproduction status and feeding habits. Continued
BFT landings would support the collection of a broad range of data for
these studies and for stock monitoring purposes.
Based on the considerations above, as well as the available quota,
fishery performance in recent years, and the availability of BFT on the
fishing grounds, NMFS has determined that a quota transfer is warranted
and transfers 40 mt from the Reserve category to the General category.
Thus, the General category quota is adjusted to 475.1 mt for the 2012
fishing year. Once the adjusted General category quota has been
reached, or on December 31, 2012 (whichever comes first), the 2012
General category fishery will be closed. The 2013 General category
fishery begins January 1, 2013.
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 (measuring 73 inches (185
cm) curved fork length (CFL) or greater) over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8), and listed above.
For the 2012 fishing year to date, NMFS has 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 (76 FR 76900,
December 9, 2011), and three large medium or giant BFT for June through
August (77 FR 28496, May 15, 2012), and three large medium or giant BFT
for September through December (77 FR 53150, August 31, 2012). Unless
changed, the General category daily retention limit starting on January
1 would be the default retention limit of one large medium or giant BFT
per vessel per day/trip (Sec. 635.23(a)(2)). This default retention
limit applies to General category permitted vessels and to HMS Charter/
Headboat category permitted vessels when fishing commercially for BFT.
NMFS has considered the set of criteria cited above and their
applicability to the General category BFT retention limit for the
January 2013 General category fishery. These considerations include,
but are not limited to, the following: Biological samples collected
from BFT landed by General category fishermen and provided by BFT
dealers continue to provide NMFS with valuable parts and data for
ongoing scientific studies of BFT age and growth, migration, and
reproductive status. As this action would be taken consistent with the
quotas previously established and analyzed in the 2011 BFT quotas final
rule (76 FR 39019, July 5, 2011), and
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consistent with objectives of the Consolidated HMS FMP, it is not
expected to negatively impact stock health.
A principal consideration is the objective of providing
opportunities to harvest the full General category quota without
exceeding it based upon the Consolidated HMS FMP goal: ``Consistent
with other objectives of this FMP, to manage Atlantic HMS fisheries for
continuing optimum yield so as to provide the greatest overall benefit
to the Nation, particularly with respect to food production, providing
recreational opportunities, preserving traditional fisheries, and
taking into account the protection of marine ecosystems.'' Under the
two-fish limit that applied in January 2012, the available subquota was
reached on January 22. However, in other recent years, there has been
an underharvest of the January subquota. Under the two-fish limit that
applied during January 2011 and January 2010 (when fishing on the
January subquota was authorized for January 1 through 31), January
landings were 34 percent of the baseline subquota (7.9 mt out of 23.1
mt) and 11 percent (2.7 mt out of 23.8 mt), respectively. Thus, the
default one-fish limit likely would be overly restrictive and would not
support the objective of providing opportunities to harvest the full
January subquota, without exceeding it. Based upon the ICCAT
recommended quota, the baseline 2013 General category January subquota
is 23.1 mt. Although NMFS has the authority to set the daily retention
limit higher than two BFT, under a higher limit (and fish
availability), the rate of harvest of the January subquota could be
accelerated and result in a relatively short fishing season. A short
fishing season may preclude or reduce fishing opportunities for some
individuals or geographic areas. Therefore, in order to maintain an
equitable distribution of fishing opportunities, a retention limit
closer to the low end of the allowable range of retention limits (i.e.,
two fish) is warranted. A potential ancillary benefit from a subquota
period that is open for an extended duration is that any scientific
information (including biological samples) collected from BFT may be
from fish collected over a broader temporal and geographic range than
currently sampled. Lastly, fishery participants have supported this
retention limit in prior seasons.
Therefore, based on these considerations, NMFS has decided that a
two-fish General category retention limit is warranted for the January
subquota. It would provide a reasonable opportunity to harvest the U.S.
quota of BFT without exceeding it, while maintaining an equitable
distribution of fishing opportunities, help achieve optimum yield in
the General category BFT fishery, allow collection of a broad range of
data for stock monitoring purposes, and be consistent with the
objectives of the Consolidated HMS FMP. Therefore, NMFS increases the
General category retention limit from the default limit (one) to two
large medium or giant BFT per vessel per day/trip, effective January 1,
2013, through March 31, 2013, or until the 23.1- mt January subquota is
harvested, whichever comes first.
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 two 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.
Monitoring and Reporting
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 or closure 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://hmspermits.noaa.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
the quota transfer for the remainder of 2012 is impracticable as it
would preclude NMFS from acting promptly to allow continued harvest of
BFT that are available on the fishing grounds via a quota transfer from
the Reserve category to the General category. Affording prior notice
and opportunity for public comment to adjust the retention limit for
the portion of the General category season that begins January 1, 2013,
is impracticable as NMFS needs to wait until it has necessary data and
information about the fishery before it can select the appropriate
retention limit for a time period prescribed by regulation. By the time
NMFS has the needed data, implementing the retention limit following a
public comment period would preclude fishermen from harvesting BFT that
are legally available consistent with all of the regulatory criteria.
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 that 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 January 1,
2013, or as soon as possible thereafter, to minimize any unnecessary
disruption in fishing patterns, to allow the impacted sectors to
benefit from the adjustment, and to provide 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, 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 50 CFR 635.23(a)(4) and
635.27(a)(7), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
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Dated: December 11, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-30322 Filed 12-12-12; 4:15 pm]
BILLING CODE 3510-22-P