[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Rules and Regulations]
[Pages 20258-20260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07845]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120306154-2241-02]
RIN 0648-XC593
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.
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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 2013,
based on consideration of the regulatory determination criteria
regarding inseason adjustments and based on preliminary 2013 landings
data. The adjusted limit for HMS Charter/Headboat vessels 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). This
retention limit is effective in all areas, except for the Gulf of
Mexico, where NMFS prohibits targeted fishing for BFT. 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 2013 Angling category quota.
DATES: Effective April 4, 2013, through December 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 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 2013 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2013. The Angling category season opened January 1, 2013, and continues
through December 31, 2013. 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 (50 CFR 635.23(b)(2)). An annual limit of one large medium or
giant BFT (73 inches or greater) per vessel also applies (Sec.
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 Sec. 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 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 (Sec. 635.27(a)(8)(i)); effects of the adjustment on BFT
rebuilding and overfishing (Sec. 635.27(a)(8)(v)); effects of the
adjustment on accomplishing the objectives of the Consolidated HMS FMP
(Sec. 635.27(a)(8)(vi)); variations in seasonal BFT distribution,
abundance, or migration patterns (Sec. 635.27(a)(8)(vii)); 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
(Sec. 635.27(a)(8)(viii)); and a review of daily landing trends and
availability of the BFT on the fishing grounds (Sec.
635.27(a)(8)(ix)). Retention limits may be adjusted separately for
specific vessel type, such as private vessels, headboats, or
charterboats.
NMFS has considered the set of criteria at Sec. 635.27(a)(8) and
their applicability to the Angling category BFT retention limit for the
2013 Angling category fishery. These considerations include, but are
not limited to, the following: This action, which is taken consistent
with the quotas previously established and analyzed in the 2011 BFT
quotas final rule (76 FR 39019, July 5, 2011) and consistent with
objectives of the Consolidated HMS FMP, is not expected to negatively
impact stock health. Biological samples collected
[[Page 20259]]
from BFT landed by recreational fishermen continue to provide NMFS with
valuable parts and data for ongoing scientific studies of BFT age and
growth, migration, and reproductive status. A principal consideration
is the objective of providing opportunities to harvest the Angling
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.'' 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.
NMFS examined the results of the 2009 through 2012 fishing seasons
under the applicable daily retention limits, as well as the observed
trend in the recreational fishery over that time period (i.e., a shift
in availability from primarily large school BFT, which measure 47 to
less than 59 inches (119 to less than 150 cm) in 2008 to small medium
BFT (59 to less than 73 inches) in 2009 through 2011). Large school and
small medium BFT traditionally have been managed as one size class (47
to less than 73 inches). In 2010 and 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).
In 2012, based on the annual BFT growth rate and preliminary
recreational catch information, NMFS found it was reasonable to assume
that the cohort of fish described above largely had grown to greater
than 73 inches (i.e., had moved through the recreational large school/
small medium size class), and adjusted the retention limit for HMS
Charter/Headboat vessels from the default level to one school and one
large school/small medium BFT per vessel per day/trip.
Given the considerations above, 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 multi-fish
retention limit is vital to their ability to attract customers. In
addition, 2012 Large Pelagics Survey estimates indicate that charter/
headboat BFT landings constitute approximately 30 percent of recent
recreational landings, with the remaining 70 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 in landings during 2013 that would not exceed the available
subquotas as codified in 2011. A lower retention limit could result in
substantial underharvest of the codified Angling category subquota, and
increasing the daily limit further may risk exceeding the available
quota, contrary to the objectives of the Consolidated HMS FMP. NMFS
will monitor 2013 landings closely and will make further adjustments,
including closure, with an inseason action if warranted.
Angling Category Large Medium and Giant Southern ``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[deg]18' N. lat. (off Great
Egg Inlet, NJ) and 2.8 mt for the area south of 39[deg]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, retaining, possessing, or landing large medium or
giant (``trophy'') BFT south of 39[deg]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 4, 2013. This action is taken consistent with
the regulations at Sec. 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
Sec. 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 Sec. 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.noaa.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:
[[Page 20260]]
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. Further, closure of the
southern area Angling category trophy fishery is necessary to ensure
sufficient quota remains available to ensure overall 2013 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.noaa.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 may result in future potential quota
reductions for the Angling category and potentially other BFT quota
categories, depending on the magnitude of a potential 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 50 CFR 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 1, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-07845 Filed 4-1-13; 4:15 pm]
BILLING CODE 3510-22-P