[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Rules and Regulations]
[Pages 50885-50887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20181]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XJ69


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 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 September, October-November, and December time periods of the 
2008 fishing year, based on consideration of the determination criteria 
regarding inseason adjustments.

DATES: The effective dates for the adjusted BFT daily retention limits 
are September 1, 2008, through December 31, 2008.

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 Consolidated Highly Migratory Species 
Fishery Management Plan (Consolidated HMS FMP). The latest (2006) ICCAT 
recommendation for western Atlantic BFT included a U.S. quota of 
1,190.12 mt, effective beginning in 2007, through 2008, and thereafter 
until changed (i.e., via a new ICCAT

[[Page 50886]]

recommendation). It is possible that additional changes to the daily 
retention limit (i.e., for the January 2009 General category fishery) 
may be necessary following ICCAT's annual meeting in November 2008.
    The 2008 fishing year began on January 1, 2008, and ends December 
31, 2008. NMFS published final specifications on December 31, 2007 (72 
FR 74193) and increased the default General category 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 to three large medium 
or giant BFT, measuring 73 inches CFL or greater, per vessel per day/
trip for June 1 through August 31, 2008. Regardless of the duration of 
a fishing trip, no more than the daily retention limit may be on board 
a vessel. In addition, NMFS stated that it would consider adjustment of 
retention limits for future time periods, if warranted. In 2007, NMFS 
followed a similar course of action and raised General category 
retention limits via inseason actions to allow for a continuous three 
BFT retention limit, including for the January 2008 time period (72 FR 
50257, August 31, 2007 and 72 FR 61565, October 31, 2007) .

Adjustment of General Category Daily Retention Limits

    Under 50 CFR 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; 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.
    As of August 1, 2008, the coastwide General category has landed 
50.8 metric tons (mt) out of a possible 740 mt, and landings rates 
remain less that 1.0 mt per day even though the General category 
retention limit was increased to three BFT per vessel per trip, 
measuring 73 inches (185 cm) CFL or greater for January and for June 
through August 2008. Starting on September 1, 2008, the General 
category daily retention limit, located at 50 CFR 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) CFL) or greater per 
vessel per day/trip. This scheduled 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. In consideration of 
the rollover of unused quota from the January and June-August time 
periods, current catch rates, and the daily retention limit reverting 
to one large medium or giant BFT per vessel per day on September 1, 
2008, NMFS anticipates the full 2008 fishing year General category 
quota will not be harvested. Adding an excessive amount of unused quota 
from one time-period subquota to the subsequent time-period subquota is 
undesirable because it effectively changes the time-period subquota 
allocation percentages established in the Consolidated HMS FMP and may 
contribute to excessive carryovers to subsequent fishing years.
    NMFS has considered the set of criteria cited above and their 
applicability to the commercial BFT retention limit for the remainder 
of the 2008 fishing year. Based on these considerations, NMFS has 
determined that the General category retention should be adjusted to 
allow for retention of the established General category quota. 
Therefore, NMFS increases the General category retention limit from the 
default limits effective September 1, 2008, through December 31, 2008. 
This adjustment increases the General category daily retention limit to 
three large medium or giant BFT, measuring 73 inches (185 cm) CFL or 
greater, per vessel per day/trip. This General category retention limit 
is effective in all areas, except for the Gulf of Mexico, and applies 
to those vessel 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. landings quota of BFT 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 and the duration 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, quota availability, previous public 
comments on inseason management measures, stock status, etc. 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 the internet at 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:
    NMFS continues to receive information refining its understanding of 
the commercial sector's specific needs regarding retention limits 
through the latter portions of the 2008 season. NMFS assessments and 
analyses show catch rates to date have been low and that there is 
sufficient quota for an increase to the General category retention 
limit during the months of September through December 2008.
    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

[[Page 50887]]

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 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 to 
U.S. fishermen that either depend upon catching the available quota 
within the time periods designated in the Consolidated HMS FMP. 
Adjustment to the retention limit needs to be effective September 1, 
2008, 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 from fishermen who only have access to 
the fishery 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., current default retention limit is one fish per vessel/trip but 
this action increases that limit and allows retention of more 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 (b)(3) and 
is exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: August 26, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-20181 Filed 8-28-08; 8:45 am]
BILLING CODE 3510-22-S