[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Rules and Regulations]
[Pages 52886-52887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21651]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 110210132-1275-02]
RIN 0648-XA630


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 2011 fishing year, based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments. This action 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: Effective September 1, 2011, through December 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 (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, consistent with 
the allocations established in the Consolidated Highly Migratory 
Species Fishery Management Plan (Consolidated HMS FMP) (71 FR 58058, 
October 2, 2006) and subsequent rulemaking.
    The 2011 BFT fishing year began on January 1, 2011, and ends 
December 31, 2011. The 2011 BFT quota specifications (76 FR 39019, July 
5, 2011) established a quota of 435.1 mt for the General category 
fishery (the commercial tunas fishery in which handgear is used). 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. The General 
category fishery is open until December 31, 2011, or until the General 
category quota is reached.

Adjustment of General Category Daily Retention Limit

    Starting on September 1, 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) curved fork length 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).
    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

[[Page 52887]]

trends, and the availability of the BFT on the fishing grounds.
    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). For the 2011 
fishing year, NMFS adjusted the January limit to two large medium or 
giant BFT (75 FR 79309, December 20, 2010), and adjusted the June 
through August limit to three large medium or giant BFT (76 FR 32086, 
June 3, 2011).
    Despite an elevated three-fish daily retention limit, 2011 General 
category landings remain low. As of August 8, 2011, 86.9 mt of the 2011 
General category quota of 435.1 mt have been landed, and landings rates 
remain at approximately 1 mt per day. 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, 2011, absent agency action, NMFS anticipates the full 2011 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.
    Based on considerations of the available quota, fishery performance 
in recent years, and the availability of BFT on the fishing grounds, 
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 used for September through 
December 2010 is warranted. 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, 2011, 
through December 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 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.
    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 Consolidated HMS FMP.

Monitoring and Reporting

    NMFS selected the daily retention limit for September-December 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 in the BFT fisheries, quota 
availability, previous public comments on inseason management measures, 
and stock status. 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. 
NMFS will address the January 2012 General category daily retention 
limit via a separate inseason action later in the year, if necessary.
    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 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/trip 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 Consolidated HMS FMP. 
Adjustment of the retention limit needs to be effective September 1, 
2011, or as soon as possible thereafter, 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 per 
day/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 18, 2011.
Galen R. Tromble,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-21651 Filed 8-23-11; 8:45 am]
BILLING CODE 3510-22-P