[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Rules and Regulations]
[Pages 38255-38259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15773]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 140115049-4528-02]
RIN 0648-XD092
Atlantic Highly Migratory Species; 2014 Atlantic Bluefin Tuna
Quota Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS establishes 2014 quota specifications for the Atlantic
bluefin tuna (BFT) fishery. This action is necessary to implement
binding recommendations of the International Commission for the
Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic
Tunas Convention Act (ATCA), and to achieve domestic management
objectives under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Effective August 2, 2014 through December 31, 2014.
ADDRESSES: Supporting documents such as the Environmental Assessments
and Fishery Management Plans described below may be downloaded from the
HMS Web site at www.nmfs.noaa.gov/sfa/hms/. These documents also are
available upon request from Sarah McLaughlin or Brad McHale at the
telephone number below.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.
SUPPLEMENTARY INFORMATION: Atlantic bluefin tuna, bigeye tuna, albacore
tuna, yellowfin tuna, and skipjack tuna (hereafter referred to as
``Atlantic tunas'') are managed under the dual authority of the
Magnuson-Stevens Act and ATCA. As an active member of ICCAT, the United
States implements binding ICCAT recommendations. ATCA authorizes the
Secretary of Commerce (Secretary) to promulgate regulations, as may be
necessary and appropriate to carry out ICCAT recommendations. The
authority to issue regulations under the Magnuson-Stevens Act and ATCA
has been delegated from the Secretary to the Assistant Administrator
for Fisheries, NMFS.
Background
NMFS annually implements BFT quota specifications to adjust the
annual U.S. baseline BFT quota to account for any underharvest or
overharvest of the adjusted U.S. BFT quota from the prior year.
In May 2011, NMFS prepared an Environmental Assessment (EA)/
Regulatory Impact Review/Final Regulatory Flexibility Analysis for a
final rule that: (1) Implemented and allocated the U.S. BFT quota
recommended by ICCAT for 2011 and for 2012 (ICCAT Recommendation 10-
03); (2) adjusted the 2011 U.S. quota and subquotas to account for
unharvested 2010 quota allowed to be carried forward to 2011, and to
account for a portion of the estimated 2011 dead discards up front; and
(3) implemented several other BFT management measures (76 FR 39019,
July 5, 2011). In that final rule, NMFS implemented the 923.7-mt
baseline quota consistent with ICCAT Recommendation 10-03 and set the
domestic BFT fishing category subquotas per the allocation percentages
established in the 2006 Consolidated Atlantic Highly Migratory Species
Fishery Management Plan (2006 Consolidated HMS FMP) and implementing
regulations (71 FR 58058, October 2, 2006). The baseline quota and
category subquotas are codified and remain effective until changed (for
instance, if any new ICCAT BFT Total Allowable Catch (TAC)
recommendation is adopted). NMFS prepared a Supplemental EA for the
2013 BFT Quota Specifications (78 FR 36685, June 19, 2013) to present
updated information regarding the affected environment, including
information from a 2012 ICCAT stock assessment for BFT, among other
things. ICCAT conducted a stock assessment update in 2013, although the
results were not substantively different than those of the 2010 and
2012 assessments, which were analyzed in the May 2011 EA and June 2013
Supplemental EA.
In its 2013 recommendation (Recommendation 13-09--Recommendation by
ICCAT Amending the Supplemental Recommendation by ICCAT concerning the
Western Atlantic BFT Rebuilding Program), ICCAT recommended a one-year
rollover of the 1,750-mt TAC. This amount is expected to allow for
continued stock growth under both the low and high stock recruitment
scenarios, considering the 2013 ICCAT BFT stock assessment update. The
annual U.S. baseline quota for 2014 continues to be 923.7 mt, and the
annual total U.S. quota, including 25 mt to account for bycatch related
to pelagic longline fisheries in the Northeast Distant gear restricted
area (NED), continues to be 948.7 mt.
Until the final specifications for 2014 are effective, the existing
BFT baseline quota and subquotas continue to apply as codified. (See
Table 1, second column.) Although the baseline quota is unchanged this
year because the 2013 ICCAT recommendation included the same TAC as the
prior recommendation, NMFS is carrying forward underharvest from 2013,
consistent with the 2006 Consolidated HMS FMP and the ICCAT
recommendation. Thus, this final action adjusts the quota as
appropriate and allowable for the 2014 fishing year. Further background
information, including the need for the 2014 BFT quota specifications,
was provided in the preamble to the proposed rule (79 FR 18870, April
4, 2014) and is not repeated here.
Changes From the Proposed Rule
NMFS determines the amount of BFT quota actually available for the
year by adjusting the ICCAT-recommended baseline BFT quota for
overharvest or underharvest from the previous fishing year and any
accounting for dead discards. For the proposed rule, NMFS used a 219.5-
mt estimate as a proxy for potential 2014 dead discards, based on the
2012 estimate of 205.8 mt for the pelagic longline fishery and the 2013
observed dead discards of 13.7 mt for the purse seine fishery, because
the BFT pelagic longline dead discard estimate for 2013 was not yet
available. The preliminary 2013 pelagic longline dead discard estimate
of 127.1 mt is now available from the NMFS Southeast Fisheries Science
Center. Adding the
[[Page 38256]]
2013 observed dead discards of 13.7 mt for the purse seine fishery, the
best available annual estimate of U.S. dead discards that could be
expected in 2014 is now 140.8 mt. As anticipated and explained to the
public at the proposed rule stage, NMFS is using the updated total in
this final rule because it is the best available and most complete
information NMFS has regarding dead discards.
Based on preliminary data available as of May 30, 2014, BFT
landings in 2013 totaled 518.6 mt. Adding the 140.8-mt estimate of dead
discards results in a preliminary 2013 total catch of 659.4 mt, which
is 384.2 mt less than the amount of quota (inclusive of dead discards)
allowed under ICCAT Recommendation 13-09 (i.e., 948.7 mt plus 94.9 mt
of 2012 underharvest carried forward to 2013, totaling 1,043.6 mt).
Thus, the underharvest for 2013 is 384.2 mt. ICCAT limits the amount of
underharvest that may be carried forward from one year to the next to
no more than 10 percent of a country's total quota, which limits the
amount of 2013 U.S. underharvest that may be carried forward to 2014 to
94.9 mt. NMFS anticipated this amount of available underharvest to
carry forward to 2014 in the proposed rule.
As anticipated in the proposed rule, for the Longline category,
NMFS is accounting up front (i.e., at the beginning of the fishing
year) for half of the expected dead discards for 2014, using the best
available estimate of dead discards (now the 2013 estimate), and
deducting that portion directly from the baseline Longline category
subquota. This is the same approach that NMFS took for the final 2011
through 2013 BFT quota specifications. Consistent with that approach,
NMFS proposed to deduct half of the anticipated purse seine vessel dead
discards from the Purse Seine category subquota up front. NMFS does so
in the final rule as well after considering the relevant comments and
the relevant regulatory criteria. Thus, for the Purse Seine category
NMFS is deducting half of the 2013 observed dead discards (as an
estimate of potential 2014 dead discards) from the baseline Purse Seine
category subquota.
Regarding the unharvested 2013 BFT quota, NMFS had proposed to
carry 94.9 mt of available underharvest forward to 2014 and apply the
full 94.9 mt to the Longline category. NMFS stated that any necessary
adjustments to the 2014 specifications would be made in the final rule
after considering updated 2013 landings information and the 2013
pelagic longline dead discard estimate.
Considering the best available information regarding 2013 landings
and estimated dead discards, as well as actual 2014 Longline category
BFT landings to date and domestic management needs for 2014, NMFS is
finalizing the 2014 BFT specifications as follows: As shown in the
third column of Table 1, NMFS is accounting for half of the 2013
pelagic longline dead discard estimate of 127.1 mt (i.e., 63.6 mt) up
front by deducting that portion of estimated longline discards directly
from the baseline Longline category subquota of 74.8 mt. NMFS is also
accounting for half of the 2013 observed purse seine dead discards of
13.7 mt (6.9 mt) up front by deducting that portion of the discards
directly from the baseline Purse Seine category subquota of 171.8 mt.
NMFS has decided in the final rule to provide 6.9 mt of the 2013
underharvest that can be carried forward to 2014 (i.e., 94.9 mt) to the
Purse Seine category and provide the remainder (88.0 mt) to the
Longline category (fourth column). Given the reduction in the pelagic
longline dead discard estimate from 2012 to 2013, and the associated
reduction in the deduction from the Longline category to account for
one half of dead discards up front, NMFS has determined that providing
6.9 mt of the available underharvest to the Purse Seine category is
appropriate as it provides the Purse Seine category its baseline
subquota amount, consistent with NMFS' approach for the past several
years of maintaining the directed fishing categories at their baseline
quotas. It also provides the Longline category a reasonable amount of
quota for 2014 and reduces potential ``regulatory discards'' that may
otherwise result if closure of the Longline category fishery to BFT
retention is necessary mid-year, as discussed in the proposed rule.
Although these final quota specifications adjust the Longline quota
to an amount greater than its baseline subquota, it is important to
note that in 2011 and 2013, the adjusted Longline category quota was
substantially lower than the baseline subquota, and it was necessary to
close the Longline category fishery to BFT retention in June 2013. The
Longline category was also closed in June in 2012 when the base quota
was reached. Landings by the directed handgear categories in 2013 did
not approach the available quotas for those categories (e.g., 64
percent, 48 percent, and 72 percent of the General, Harpoon, and
Angling categories were harvested, respectively). Thus, there is not a
demonstrated need for NMFS to expand the subquotas for the directed
handgear categories beyond their base subquotas at this time or to
provide additional quota to the Reserve category. NMFS will monitor
landings closely and may take action to transfer quota among
categories, including the Reserve category, if appropriate, based on
consideration of the regulatory determination criteria regarding
inseason adjustments at Sec. 635.27(a)(8). These criteria 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 BFT distribution,
abundance, or migration patterns; 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 BFT on the
fishing grounds. In these quota specifications, NMFS is balancing the
need of the pelagic longline fishery to continue fishing for swordfish
and Atlantic tunas with the need of directed bluefin fisheries
participants to receive their base quota.
2014 Quota Specifications
In this final rule, NMFS deducts half of the 2013 pelagic longline
dead discard estimate of 127.1 mt directly from the baseline Longline
category quota of 74.8 mt and applies the 88.0 of the 94.9 mt allowed
to be carried forward to 2014 to the Longline category, for an adjusted
Longline subquota of 99.2 mt (i.e., 74.8 -63.6 + 88.0 = 99.2 mt), not
including the 25-mt allocation set aside by ICCAT for the NED. For the
Purse Seine category, NMFS deducts half of the 2013 observed dead
discards (as an estimate of potential 2014 dead discards) from the
baseline Purse Seine category quota of 171.8 mt and applies 6.9 of the
94.9 mt allowed to be carried forward to 2014 for an adjusted quota of
171.8 mt (i.e., 171.8 -6.9 + 6.9 = 171.8 mt). For the handgear
categories, as well as the Trap category (in which BFT may be caught
incidentally), NMFS maintains the codified baseline BFT quotas and
subquotas that were established in July 2011 (76 FR 39019, July 5,
2011), as proposed.
Thus, in accordance with ICCAT Recommendation 13-09, the 2006
Consolidated HMS FMP allocation scheme for the domestic categories, and
regulations regarding annual adjustments at Sec. 635.27(a)(10), NMFS
establishes BFT quota specifications for
[[Page 38257]]
the 2014 fishing year as follows, and as shown in Table 1: General
category--435.1 mt; Harpoon category--36 mt; Purse Seine category--
171.8 mt; Angling category--182 mt; Longline category--99.2 mt; and
Trap category--0.9 mt. The Longline category quota of 99.2 mt is
subdivided as follows: 39.7 mt to pelagic longline vessels landing BFT
north of 31[deg] N. latitude, and 59.5 mt to pelagic longline vessels
landing BFT south of 31[deg] N. latitude. NMFS accounts for landings
under the 25-mt NED allocation separately from other Longline category
landings. The amount allocated to the Reserve category for inseason
adjustments, scientific research collection, potential overharvest in
any category except the Purse Seine category, and potential quota
transfers, is 23.1 mt.
As described in the proposed rule, NMFS considers the
specifications approaches taken in 2011 through 2014 as a transition
from the method used for 2007 through 2010, as NMFS continues to
develop Amendment 7 to the 2006 Consolidated HMS FMP. Among other
things, Amendment 7 would reallocate BFT quota among categories in a
way to more accurately reflect annual fishery operations and needs
while decreasing bycatch in the non-directed fisheries. This amendment
will address related BFT fishery management issues consistent with the
need to end overfishing and rebuild the stock, including revisiting
quota allocations; reducing and accounting for dead discards; adding or
modifying time/area closures or gear-restricted areas; and improving
the reporting and monitoring of dead discards and landings in all
categories. Depending on the management measures implemented in the
Amendment 7 final rule, the quota specifications process may be
substantially different in upcoming years. NMFS anticipates publishing
a final rule to implement Amendment 7 in Fall 2014, with implementation
dates varying by topic.
Table 1--Final 2014 Atlantic Bluefin Tuna (BFT) Quotas and Quota Specifications
[In metric tons]
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2014 Quota specifications
Baseline allocation ------------------------------------------------------
(per current ICCAT 2013
Category (% share of baseline recommendation and underharvest
quota) the 2006 Dead discard to carry Adjusted 2014 fishing
consolidated HMS FMP deduction forward to year quota
allocations) 2014
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Total (100)................... 923.7 \1\............ -70.5 +94.9 948.1
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Angling (19.7).................... 182.0................ .............. .............. 182.0
SUBQUOTAS: SUBQUOTAS:
School--94.9 School--94.9
Reserve--17.6....... Reserve--17.6
North--36.5......... North--36.5
South--40.8......... South--40.8
LS/SM--82.9 LS/SM--82.9
North--39.1......... North--39.1
South--43.8......... South--43.8
Trophy--4.2 Trophy--4.2
North--1.4.......... North--1.4
South--2.8.......... South--2.8
General (47.1).................... 435.1................ .............. .............. 435.1
SUBQUOTAS: SUBQUOTAS:
Jan--23.1 Jan--23.1
Jun-Aug--217.6....... Jun-Aug--217.6
Sept--115.3.......... Sept--115.3
Oct-Nov--56.6........ Oct-Nov--56.6
Dec--22.6............ Dec--22.6
Harpoon (3.9)..................... 36.0................. .............. .............. 36.0
Purse Seine (18.6)................ 171.8................ -6.9 \2\ +6.9 171.8
Longline (8.1).................... 74.8................. -63.6 \3\ +88.0 99.2
SUBQUOTAS: SUBQUOTAS:
North (-NED)--29.9... North (-NED)--39.7
NED--25.0 *.......... NED--25.0 *
South--44.9.......... South--59.5
Trap (0.1)........................ 0.9.................. .............. .............. 0.9
Reserve (2.5)..................... 23.1................. .............. .............. 23.1
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\1\ 25-mt ICCAT set-aside to account for bycatch of BFT in pelagic longline fisheries in the NED. Not included
in totals at top of table.
\2\ (\1/2\ of 2013 observed purse seine dead discards of 13.7 mt as estimate for 2014).
\3\ (\1/2\ of 2013 pelagic longline dead discard estimate of 127.1 mt as estimate for 2014).
Comments and Responses
NMFS received a total of nine written comments to the proposed
rule, as well as three verbal comments at the HMS Advisory Panel April
meeting and a public conference call/webinar.
Few of the comments NMFS received focused specifically on the
proposed quota specifications. Below, NMFS summarizes and responds to
all comments made specifically on the proposed rule during the comment
period. Most of the comments received were outside the scope of this
rule and are summarized under ``Other Issues'' below.
Comment 1: Two commenters supported implementing a lower U.S.
bluefin quota or a quota of zero.
Response: NMFS is required under the Magnuson-Stevens Act and ATCA
to provide U.S. fishing vessels with a
[[Page 38258]]
reasonable opportunity to harvest the ICCAT-recommended quota. The
western Atlantic BFT TAC, which includes the U.S. quota, is expected to
allow for continued BFT stock growth under both the low and high stock
recruitment scenarios considered by ICCAT's Standing Committee on
Research and Statistics and is consistent with ICCAT recommendations,
ATCA, and domestic and international management objectives.
The approach used for these final 2014 quota specifications is an
appropriate continuation of the approach used in 2011 through 2013 as a
transition from the method used from 2007 through 2010. Changes in
ICCAT's approach to western BFT management in 2006 (i.e.,
discontinuation of the dead discard allowance, and the associated
provision that the western Atlantic BFT TAC Catch include dead
discards) have had implications for NMFS' domestic management of the
fishery, because landings and dead discards must be accounted for
within the total U.S. quota (rather than an additional allocation for
dead discards). This interim approach balances the needs of the pelagic
longline fishery to continue fishing for swordfish and Atlantic tunas
with the needs of directed BFT fisheries participants.
Comment 2: Two commenters supported finalizing the specifications
as proposed but encouraged NMFS to change regulations (i.e., modify
when the General category is open as well as the percentage allocations
to the General category subquotas) to allow more of the available
bluefin quota to be harvested.
Response: This rulemaking addresses adjustment of the U.S. baseline
quota for 2014 with the available underharvest from 2013. Issues
regarding management measures, such as the opening dates for the
General category, are beyond the scope of this rulemaking. NMFS notes,
however, that to date in 2014, NMFS has taken three inseason actions to
increase the General and Angling category retention limit from the
default levels (78 FR 77362; December 23, 2013; 79 FR 25707, May 6,
2014; and 79 FR 30745, May 29, 2014). These actions may result in more
of the General and Angling category subquotas to be harvested, relative
to 2013, depending on the availability of BFT to the fisheries.
Regarding the comments related to the allocations to the General
category subquotas, NMFS makes the baseline allocations consistent with
the formula established in the 2006 Consolidated HMS FMP. Changes to
the baseline BFT subquota allocations and category-specific management
measures are outside the scope of this rulemaking. Specific to the
General category open season and subquota allocations, these issues are
being considered in Amendment 7.
Comment 3: One commenter believes that underreporting is occurring
and that there cannot actually be any underharvest of the 2013 quota.
Response: NMFS collects BFT landings data through multiple closely
monitored reporting systems. Commercial BFT harvest data are reported
through dealers within 24 hours of landing. As a condition of the HMS
Angling category vessel permit, owners are required to report
recreational landings through the Automated Catch Reporting System or,
in certain states, through catch cards, also within 24 hours of
landing, and to comply with the Large Pelagics Survey during dockside
or telephone interviews. NMFS also has multiple domestic and
international reporting obligations which require close monitoring and/
or reliable estimates of dead discards. In preparing the quota
specifications and other fishery management actions, NMFS uses the best
available data, and in cases where information is not yet available,
uses the most recent, complete information as a proxy for the amount
that could be expected (such as anticipated dead discards in the
current fishing year). As described above, the best available
information as of the end of May indicates that there is an
approximately 384-mt underharvest of the 2013 adjusted U.S. quota.
Carrying forward underharvest (limited to no more than 10 percent of
the total U.S. quota) is consistent with the ICCAT recommendation,
ATCA, and the BFT quota regulations that implement the western Atlantic
BFT rebuilding plan adopted at ICCAT and relevant measures in the 2006
Consolidated HMS FMP.
Comment 4: One commenter encouraged NMFS to deduct the full amount
of Purse Seine bluefin dead discards from the baseline Purse Seine
category quota, and to extrapolate the dead discards for any unobserved
sets.
Response: Deducting half of the 2013 observed dead discards up
front is consistent with NMFS' past practice of deducting half of the
pelagic longline dead discards estimate up front. As described in the
proposed rule, NMFS is accounting proactively for half of the best
estimate of dead discards at the beginning of the fishing year, and
total 2014 U.S. landings and dead discards will be accounted for at the
end of the year and reported to ICCAT in 2015.
Regarding the pelagic longline fishery, which has a greater
proportion of unobserved trips than the purse seine fishery, NMFS
currently applies a BFT dead discard extrapolation methodology that has
been approved by ICCAT's Standing Committee on Research and Statistics
to calculate and report dead discards for both stock assessment
purposes and quota compliance purposes. Furthermore, the observed
amount of BFT dead discards from the Purse Seine category in 2013
accurately reflects the total 2013 BFT dead discards for that category
and it is not necessary to extrapolate the amount, given the recent
participation level (number of vessels and trips) and observer coverage
in 2013. If such extrapolation were to become necessary, NMFS would
consult with its Fisheries Science Centers on the appropriate method.
Comment 5: Three commenters opposed deducting Purse Seine dead
discard estimates from the baseline Purse Seine category quota for
various reasons including: it is inappropriate and unnecessarily
highlights dead discards given that the Purse Seine category could
absorb these discards within the available quota (unlike the Longline
category, for which total catch vastly exceeds available quota); Purse
Seine dead discards for 2013 could be counted against the 2013 Reserve
category instead; and it sets a precedent that could be applied to the
handgear categories as well.
Response: As proposed, NMFS is accounting up front (i.e., at the
beginning of the fishing year) for half of the expected dead discards
for 2014, using the best estimate of dead discards, from the Longline
and Purse Seine category subquotas, as applicable. The U.S. BFT quota
includes dead discards. To comply with ICCAT Recommendation 13-09, the
United States reports BFT landings and dead discards by gear type
annually via the U.S. National Report to ICCAT. To not account for the
dead discards that could be expected in 2014 based on the best
available information or to count the 2013 observed purse seine BFT
dead discards against the 2013 Reserve would be inconsistent with NMFS'
annual quota specifications approach over the last several years and
would inappropriately treat the purse seine and longline sectors
differently in the current quota specifications process. After
considering total 2013 BFT landings and the 2013 BFT dead discard
estimate, however, NMFS has decided that 6.9 mt of the available
underharvest will be provided to the Purse Seine category in the final
specifications,
[[Page 38259]]
effectively adjusting the Purse Seine category quota for 2014 to its
base level. This is consistent with NMFS' specifications practice in
the past several years of keeping the directed categories at their
baseline quotas, while still providing a reasonable amount of quota for
pelagic longline operations as the fleet continues directed fishing
operations for swordfish and other tunas.
NMFS does not consider accounting for dead discards within the
Purse Seine category to be setting a precedent as characterized by the
commenter. Through Amendment 7, NMFS is considering how best to reduce
and account for BFT dead discards, as well as methods to improve
reporting and monitoring of all BFT discards and landings (i.e., for
all gear types) in the future. As stated in the proposed rule,
depending on the management measures implemented in the Amendment 7
final rule, the quota specifications process may be substantially
different in upcoming years.
Other Issues
In addition to the above comments specifically on the content of
the proposed rule, other comments raised issues beyond the scope of
this rule, regarding HMS management measures generally, as well as
those specifically considered in Amendment 7. Specifically, commenters
articulated: support for NMFS to eliminate the annual percentage limit
on the total weight of large medium BFT (73 to less than 81 inches)
that Purse Seine category vessels can harvest, which the commenters
perceive as inconsistent with regulations that apply to other
commercial categories, a cause of regulatory discards, and not based on
current research on the size of bluefin at maturity; support for
allowing Purse Seine category vessels to retain bluefin as small as the
ICCAT minimum size (i.e., 47 inches); support for expanded research
funding and improved access for researchers to biological samples;
support for adaptive management of BFT fisheries for optimal economic,
scientific, and conservation returns; full support for implementation
of Amendment 7 as proposed; support for 100-percent observer coverage
of Purse Seine vessels; opposition to pelagic longlining and harpooning
of tunas; opposition to Mediterranean Sea bluefin harvests; and
opposition to ICCAT deducting the U.S. 25-mt allocation for bycatch in
the vicinity of the western/eastern Atlantic BFT management area
boundary from the western Atlantic BFT Total Allowable Catch since
2002, when that language was first added to the western Atlantic BFT
Recommendation.
NMFS anticipates that Amendment 7 may address some of the issues
raised in comments that were outside the scope of the 2014 BFT quota
specifications. Some of the ICCAT issues raised involve international
management and could not be addressed by the United States
unilaterally. The remaining domestic management issues would have to be
considered in the context of future management action(s). In addition
to the formal regulatory process of proposed and final rulemaking, NMFS
considers issues, discussed management ideas, and obtains public input
in the context of the HMS Advisory Panel, which typically convenes
twice a year at meetings that are open to the public.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Magnuson-Stevens Act, ATCA, and other
applicable law, and is necessary to achieve domestic management
objectives under the 2006 Consolidated HMS FMP.
The final rule is exempt from the procedures of E.O. 12866 because
this action contains no implementing regulations.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, NMFS has prepared a brochure summarizing
fishery information and regulations for Atlantic tuna fisheries for
2014. This brochure also serves as the small entity compliance guide.
Copies of the compliance guide are available from NMFS (see ADDRESSES).
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: July 1, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2014-15773 Filed 7-3-14; 8:45 am]
BILLING CODE 3510-22-P