[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Rules and Regulations]
[Pages 51182-51183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20621]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XY10


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 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 
from one to three large medium or giant BFT for the September, October-
November, and December time periods of the 2010 fishing year, 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 September 1, 2010, through December 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 (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), and implemented domestically pursuant to ATCA, 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).
    The 2010 BFT fishing year began on January 1, 2010, and ends 
December 31, 2010. The General category fishery (the commercial tunas 
fishery in which handgear is used) is open until December 31, 2010, or 
until the General category quota is reached.

Adjustment of General Category Daily Retention Limit

    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; 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.
    On June 2, 2010, NMFS published final specifications (75 FR 30732), 
including an adjusted General category quota of 538.9 mt, and increased 
the default General category daily retention limit of one large medium 
or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) per vessel to three large medium or giant BFT per vessel for 
June 1 through August 31, 2010 (75 FR 30730).
    Despite an elevated three-fish daily retention limit, 2010 General 
category landings remain low. As of July 31, 2010, 58.8 mt of the 
adjusted 2010 General category quota have been landed, and landings 
rates remain less than 1.0 mt per day. Starting on September 1, 2010, 
the General category daily retention limit, at 50 CFR 635.23(a)(2), is 
scheduled to revert back to the default daily retention limit of one 
large medium or giant BFT per vessel. This default retention limit 
applies to General category permitted vessels and HMS Charter/Headboat 
category permitted vessels (when fishing commercially for BFT, as 
specified and to the extent allowable under the regulations).
    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. Given the rollover of 
unused quota from the January and June-August time periods, current 
catch rates, and the fact that the daily retention limit will 
automatically revert to one large medium or giant BFT per vessel per 
day on September 1, 2010, absent agency action, NMFS anticipates the 
full 2010 General category quota will not be harvested. Increasing the 
daily retention limit from the default of one fish may mitigate rolling 
an excessive amount of unused quota from one time-period subquota to 
the subsequent time-period subquota. Excessive rollover is undesirable 
because it: (1) effectively changes the time-period subquota allocation 
percentages established in the 2006 Consolidated HMS FMP, which were 
selected to provide a specific balance of fishing opportunities to 
further achieve optimum yield without excluding traditional 
participants in the fishery; and (2) could have inadvertent negative 
ecological impacts associated with a temporal and spatial shift in 
fishing effort.
    NMFS has considered the set of criteria cited above and their 
applicability to the commercial BFT retention limit for the remainder 
of the 2010. Based on these considerations, NMFS has determined that 
the General category retention limit should be adjusted to allow for 
harvest of the established General category quota. Therefore, NMFS 
increases the General category retention limit from the default limit 
to three large medium or giant BFT per vessel per day/trip effective 
September 1, 2010, through December 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 three 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 vessels permitted in the General 
category as well as to those HMS Charter/Headboat permitted vessels 
fishing commercially for BFT.

[[Page 51183]]

    This adjustment is intended to provide a reasonable opportunity to 
harvest the U.S. landings 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 2006 Consolidated HMS FMP.
    In August 2009, NMFS followed a similar course of action and raised 
the General category retention limits via inseason action to allow for 
a three BFT daily retention limit throughout 2009 (74 FR 44296, August 
28, 2009). Other than for the January period, which is allocated a 
relatively small amount of quota, NMFS has maintained the General 
category daily retention limit at the maximum of three fish for several 
years. NMFS would address the January 2010 General category daily 
retention limit via a separate inseason action later in the year, if 
necessary.

Monitoring and Reporting

    NMFS selected the daily retention limit for September-December 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 in the BFT fisheries, 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.
    Closure of the General category 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 
www.hmspermits.gov, for updates on quota monitoring and retention limit 
adjustments.
    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 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. 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 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.
    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 who depend upon catching the available quota within the 
time periods designated in the 2006 Consolidated HMS FMP. Adjustment of 
the retention limit needs to be effective September 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.

Classification

    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 is exempt 
from review under Executive Order 12866.

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

    Dated: August 13, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-20621 Filed 8-18-10; 8:45 am]
BILLING CODE 3510-22-S