[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68709-68710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30843]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XT23


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 month of January 2010, based on consideration of the regulatory 
determination criteria regarding inseason adjustments. This action 
applies to Atlantic Tunas General category permitted vessels and Highly 
Migratory Species Charter/Headboat category permitted vessels (when 
fishing commercially for BFT).

DATES: Effective January 1, 2010, through January 31, 2010.

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 2006 Consolidated Highly Migratory 
Species Fishery Management Plan (2006 Consolidated HMS FMP).
    The 2010 BFT fishing year, which is managed on a calendar year 
basis and subject to an annual calendar year quota, begins January 1, 
2010. Starting on January 1, 2010, the General category daily retention 
limit (Sec.  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 default 
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 and quota is 
available. For the 2009 fishing year, NMFS 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, and three large 
medium or giant BFT for June through December (73 FR 76972, December 
18, 2008; 74 FR 26110, June 1, 2009; and 74 FR 44296, August 28, 2009).
    The 2008 ICCAT recommendation regarding Western BFT management 
resulted in a U.S. quota of 1,034.9 mt for 2009 and 977.4 mt for 2010. 
Consistent with the allocation scheme established in the Consolidated 
HMS FMP, the baseline General category share was 475.7 mt for 2009 and 
is 448.6 mt for 2010, and the baseline January General category 
subquota was 25.2 mt for 2009 and is 23.8 mt for 2010.
    In order to implement the ICCAT recommendation for the 2010 fishing 
year, NMFS has published proposed quota specifications to set BFT 
quotas for each of the established domestic fishing categories (74 FR 
63095, December 2, 2009). Until the 2010 specifications are finalized 
(most likely in February 2010), the January General category quota of 
25.2 mt remains in effect.

Adjustment of General Category Daily Retention Limits

    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 three per vessel based on consideration of the criteria 
provided under Sec.  635.27(a)(8), which include: the usefulness of 
information obtained from

[[Page 68710]]

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 set of criteria cited above and their 
applicability to the General category BFT retention limit for the 
January 2010 General category fishery. For example, under the 2-fish 
limit that applied in January 2009, January landings were very close to 
the base subquota of 25.2 mt, later adjusted in the final 2009 
specifications to 33 mt. Under the proposed 2010 BFT quota 
specifications, the adjusted January 2010 January subquota would be 
28.6 mt. Based on these considerations, NMFS has determined that the 
General category retention limit should be adjusted to allow for 
retention of the anticipated 2010 General category quota, and that the 
same approach used for January 2009 is warranted. Therefore, NMFS 
increases the General category retention limit from the default limit 
to two large medium or giant BFT, measuring 73 inches CFL or greater, 
per vessel per day/trip, effective January 1, 2010, through January 31, 
2010. 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.
    This adjustment is 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, 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 for January 2010 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 http://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:
    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 
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 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, 2010, 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 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, and because this action relieves a restriction 
(i.e., the default General category retention limit is one fish per 
vessel/trip whereas this action increases that limit and allows 
retention of additional 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: December 18, 2009.
Alan Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-30843 Filed 12-28-09; 8:45 am]
BILLING CODE 3510-22-P