[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Rules and Regulations]
[Pages 79309-79311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31751]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XA017


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 2011, 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, 2011, through January 31, 2011.

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

[[Page 79310]]

established in the 2006 Consolidated Highly Migratory Species Fishery 
Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 
2006).
    The 2011 BFT fishing year, which is managed on a calendar year 
basis and subject to an annual calendar year quota, begins January 1, 
2011. Starting on January 1, 2011, 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, 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. For the 2010 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 (74 FR 68709, December 29, 2009), and three large 
medium or giant BFT for June through December (75 FR 30730, June 2, 
2010; and 75 FR 51182, August 19, 2010).
    The 2010 ICCAT recommendation regarding western BFT management 
resulted in a 2011 U.S. quota of 923.7 mt (not including a 25-mt 
allocation that the United States uses to account for bycatch of BFT in 
pelagic longline fisheries in the Northeast Distant Gear Restricted 
Area (NED)). Consistent with the allocation scheme established in the 
Consolidated HMS FMP, the baseline 2011 General category share would be 
435.1 mt, and the baseline 2011 January General category subquota would 
be 23.1 mt.
    In order to implement the ICCAT recommendation, which enters into 
force in June 2011, NMFS is planning to publish proposed quota 
specifications in the beginning of 2011 to set BFT quotas for each of 
the established domestic fishing categories. Until the 2011 quota 
specifications are finalized (most likely in the spring of 2011), the 
January General category baseline quota of 23.8 mt (established for 
2010) remains in effect. In the meantime, the General category BFT 
fishery remains active into the winter, with landings reported in 
November and December.

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; 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 2011 General category fishery. For example, under the 2-fish 
limit that applied in January 2010, January landings were low (2.7 out 
of the baseline subquota of 23.8 mt, later adjusted in the final 2010 
specifications to 28.6 mt). Under the proposed 2011 BFT quota 
specifications, the baseline 2011 January subquota would be 23.1 mt. 
Based on these considerations, NMFS has determined that the General 
category retention limit should be adjusted to allow for retention of 
the anticipated 2011 General category quota, and that the same approach 
that was used (and that proved effective) for January 2010 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, 2011, through January 31, 2011. 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 2011 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, and stock status, among other 
data. 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 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.

[[Page 79311]]

    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, 2011, 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 is exempt 
from review under Executive Order 12866.

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

    Dated: December 13, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-31751 Filed 12-17-10; 8:45 am]
BILLING CODE 3510-22-P