[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Rules and Regulations]
[Pages 70369-70371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24623]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XE930
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 bluefin tuna quota
transfer and retention limit adjustment.
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SUMMARY: NMFS is transferring 125 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category for
the remainder of the 2016 fishing year. This transfer results in an
adjusted 2016 General category quota of 591.7 mt. NMFS also is
adjusting the Atlantic tunas General category BFT daily retention limit
from five large medium or giant BFT per vessel per day/trip to four
large medium or giant BFT per vessel per day/trip for the remainder of
the 2016 fishing year. 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 October 6, 2016 through December
31, 2016. The general category retention limit adjustment is effective
October 9, 2016 through December 31, 2016.
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 (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006), as amended by Amendment 7 to the 2006
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014).
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 base quota for the General category is 466.7 mt. See Sec.
635.27(a). 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. Although it
is called the ``January'' subquota, the regulations allow the General
category fishery under this quota to continue until the subquota is
reached or March 31, whichever comes first. Based on the General
category base quota of 466.7 mt, the subquotas for each time period are
as follows: 24.7 mt for January; 233.3 mt for June through August;
123.7 mt for September; 60.7 mt for October through November; and 24.3
mt for December. Any unused General category quota rolls forward within
the fishing year, which coincides with the calendar year, from one time
period to the next, and is available for use in subsequent time
periods. On December 14, 2015, NMFS published an inseason action
transferring 24.3 mt of BFT quota from the December 2016 subquota to
the January 2016 subquota period (80 FR 77264). To date this year, NMFS
has published two actions that have adjusted and/or distributed
available 2016 Reserve category quota to other quota categories (81 FR
19, January 4, 2016; and 81 FR 60286, September 1, 2016). The Reserve
category balance currently is 200.58 mt.
The 2016 General category fishery was open January 1, 2016, through
March 31, 2016, reopened June 1, 2016, and remains open until December
31, 2016, or until the General category quota is reached, whichever
comes first.
Quota Transfer
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering 14
determination criteria provided under Sec. 635.27(a)(8), including
five new criteria added in Amendment 7.
NMFS has considered all of the relevant determination criteria and
their applicability to this inseason quota transfer and change in
retention limit in the General category fishery. The criteria and their
application are discussed below.
Transfer of 125 mt From the Reserve Category to the General Category
For the inseason quota transfer, NMFS considered 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)), biological samples collected from BFT landed by
General category fishermen and provided by tuna dealers provide NMFS
with valuable parts and data for ongoing scientific studies of BFT age
and growth, migration, and reproductive status. Additional opportunity
to land BFT in the General Category would support the continued
collection of a broad range of data for these studies and for stock
monitoring purposes.
NMFS also considered the catches of the General category quota to
date and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(8)(ii)). As of October 5, 2016, the
General category has landed all 466.7 mt of its 2016 quota. Without a
quota transfer, NMFS would have to close the 2016 General category
fishery for the remainder of the year. Regarding the projected ability
of the vessels fishing under the particular category quota (here, the
General category) to harvest the additional amount of BFT before the
end of the fishing year
[[Page 70370]]
(Sec. 635.27(a)(8)(iii), NMFS considered catches during the winter
fishery in the last several years. General category landings in the
winter BFT fishery, which typically begins in December or January each
year, are highly variable and depend on availability of commercial-
sized BFT. Commercial-sized BFT have continued to be available to
General category vessels currently, and NMFS believes that the General
category vessels will be able to harvest the additional amount (125 mt)
of quota before the end of the fishing year.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the fishery might be exceeded (Sec.
635.27(a)(8)(iv)) and the ability to account for all 2016 landings and
dead discards. Overall, approximately 56 percent of the total of the
currently available commercial BFT subquotas for 2016 has been
harvested. NMFS will need to account for 2016 landings and dead
discards within the adjusted U.S. quota, consistent with ICCAT
recommendations and anticipates having sufficient quota to do that even
with this transfer from the Reserve category. This quota transfer would
provide additional opportunities to harvest the U.S. BFT quota without
exceeding it, while preserving the opportunity for General category
fishermen to participate in the winter BFT fishery.
Another principal consideration is the objective of providing
opportunities to harvest the full annual U.S. BFT quota without
exceeding it based on the goals of the 2006 Consolidated HMS FMP and
Amendment 7, including to achieve optimum yield on a continuing basis
and to optimize the ability of all permit categories to harvest their
full BFT quota allocations (Sec. 635.27(a)(8)(vi)). This transfer is
consistent with the quotas established and analyzed in the most recent
BFT quota final rule (80 FR 52198, August 28, 2015) and with objectives
of the 2006 Consolidated HMS FMP and amendments, and is not expected to
negatively impact stock health or to affect the stock in ways not
already analyzed in those documents (Sec. 635.27(a)(8)(v) and (x)).
Based on the considerations above, NMFS is transferring 125 mt of
Reserve category quota to the General category for the remainder of
2016, resulting in adjusted General and Reserve category quotas for
2016 of 591.7 mt and 75.6 mt, respectively. NMFS will close the 2016
General category fishery when the adjusted General category quota of
591.7 mt has been reached, unless future adjustments are warranted (as
described in the Monitoring and Reporting section below), or it will
close automatically on December 31, 2016.
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 five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8), and listed above. NMFS
adjusted the daily retention limit for the 2016 January subquota period
(which closed March 31) from the default level of one large medium or
giant BFT to three large medium or giant BFT in December 2016 (80 FR
77264, December 14, 2015). NMFS adjusted the daily retention limit to
five large medium or giant BFT for the June through August 2016
subquota period (81 FR 29501, May 12, 2016), and again for the
September, October through November, and December periods (81 FR 59153,
August 29, 2016). NMFS has considered the relevant criteria and their
applicability to the General category BFT retention limit for the
remainder of the fishing year.
As described above with regard to the quota transfer, additional
opportunity to land BFT would support the continued collection of a
broad range of data for the biological studies and for stock monitoring
purposes (Sec. 635.27(a)(8)(i)). Regarding the effects of the
adjustment on BFT stock rebuilding and the effects of the adjustment on
accomplishing the objectives of the fishery management plan (Sec.
635.27(a)(8)(v) and (x)), this action would be taken consistent with
the previously implemented and analyzed quotas, and it is not expected
to negatively impact stock health or otherwise affect the stock in ways
not previously analyzed. It is also supported by the Environmental
Analysis for the 2011 final rule regarding General and Harpoon category
management measures, which established the current range over which we
may set the General category daily retention limit (i.e., from zero to
five fish) (76 FR 74003, November 30, 2011).
As described above, a principal consideration is the objective of
providing opportunities to harvest the available U.S. BFT quota without
exceeding that quota, based on the goals of the 2006 Consolidated HMS
FMP and Amendment 7. The retention limit currently is five fish. We are
setting the retention limit at four through this action because, given
the expected level of fishing effort and catch rates, a continued level
of five fish may lead to exceeding the adjusted category quota, and
less than four would likely result in underharvest.
Based on these considerations, NMFS has determined that a four-fish
General category retention limit is warranted for the remainder of the
year. 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 optimize the ability of the
General category to harvest its available quota, allow collection of a
broad range of data for stock monitoring purposes, and be consistent
with the objectives of the 2006 Consolidated HMS FMP and amendments.
Therefore, NMFS adjusts the General category retention limit from five
to four large medium or giant BFT per vessel per day/trip, effective
October 9, 2016 through December 31, 2016.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the limit that
will apply through the end of the year), whether a vessel fishing under
the General category limit takes a two-day trip or makes two trips in
one day, the day/trip limit of four fish applies and may not be
exceeded upon landing. This General category retention limit is
effective in all areas, except for the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT, 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. Dealers are
required to submit landing reports within 24 hours of a dealer
receiving BFT. General, HMS Charter/Headboat, Harpoon, and Angling
category vessel owners are required to report the catch of all BFT
retained or discarded dead, within 24 hours of the landing(s) or end of
each trip, by accessing hmspermits.noaa.gov. Depending on the level of
fishing effort and catch rates of BFT, NMFS may determine that
additional action (i.e., quota and/or daily retention limit adjustment,
or closure) is necessary to ensure available quota is not exceeded or
to enhance scientific data collection from, and fishing opportunities
in, all geographic areas. If needed, subsequent adjustments will be
published in the Federal Register. In addition, fishermen may call the
Atlantic Tunas Information Line at (978) 281-9260, or access
hmspermits.noaa.gov, for updates on quota monitoring and inseason
adjustments.
[[Page 70371]]
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 2006 Consolidated HMS FMP and
amendments 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 an opportunity for public
comment to implement the quota transfer and daily retention limit for
the remainder of the year is impracticable as NMFS must react as
quickly as possible to updated data and information that then requires
immediate action to be effective on the fishing grounds and thus
efficiently manage the fishery. NMFS could not effectively react to
this data if, in implementing the retention limit, it allowed a public
comment period, which, for both the quota transfers, would preclude
fishermen from harvesting BFT that are legally available consistent
with all of the regulatory criteria.
Delays in adjusting the retention limit may result in the available
quota being exceeded and NMFS needing to close the fishery earlier than
otherwise would be necessary under a lower limit. This could adversely
affect those General and HMS Charter/Headboat category vessels that
would otherwise have an opportunity to harvest BFT under retention
limits set in response to the most recent data available. 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 2006
Consolidated HMS FMP, as amended. Adjustment of the retention limit
needs to be effective as soon as possible to extend fishing
opportunities for fishermen in geographic areas with 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 these 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 Sec. Sec. 635.23(a)(4) and
635.27(a)(9), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: October 6, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-24623 Filed 10-6-16; 4:15 pm]
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