[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69137-69139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28906]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XA802
[Docket No. 110210132-1275-02]


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 quota transfer and General category 
retention limit adjustment.

-----------------------------------------------------------------------

SUMMARY: NMFS has determined that an Atlantic bluefin tuna (BFT) quota 
transfer is appropriate, and transfers 50 metric tons (mt) from the 
Reserve category to the General category for the remainder of the 2011 
fishing year. NMFS also has determined that the General category daily 
BFT retention limit should be adjusted from three to two large medium 
or giant BFT for the remainder of the 2011 fishing year (i.e., through 
December 31, 2011) 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).

[[Page 69138]]


DATES: Effective November 6, 2011, through December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Tom Warren, (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 
throughout the fishing season, particularly in years when catch rates 
are high. The General category fishery is open until December 31, 2011, 
or until the General category quota is reached. The 2011 BFT quota 
specifications also established a Reserve category of 70.5 mt for 
inseason adjustments, and potential quota transfers, scientific 
research collection, and accounting for potential overharvest in any 
category except the Purse Seine category.

Inseason Transfer to the General Category

    Under Sec.  635.27(a)(7), NMFS has the authority to allocate any 
portion of the Reserve category to any category quota in the fishery, 
other than the Angling category school BFT subquota (for which there is 
a separate reserve), after considering determination 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.
    NMFS has considered the determination criteria regarding inseason 
adjustments and their applicability to the General category fishery for 
the remainder of the 2011 fishing year. These considerations include, 
but are not limited to, the following. As of October 26, 2011, the 
General category has landed 413.1 mt, or 95 percent of its 2011 quota 
of 435.1 mt. Overall, approximately 64 percent of the available 
commercial BFT quota (775.4 mt) has been harvested. Several Atlantic 
tuna dealers are currently providing biological samples from BFT caught 
by General category vessels to support ongoing NMFS-approved research 
regarding reproduction status and feeding habits of BFT. Continued 
landings of BFT would support the collection of a broad range of data 
for these studies and for stock monitoring purposes. Some categories 
are not expected to use their available 2011 quotas (i.e., 
approximately 200 mt or more may remain unused). NMFS will need to 
account for 2011 BFT landings and dead discards within the U.S. quota, 
consistent with ICCAT recommendations. While transferring quota from 
the Reserve category decreases the amount of unused quota that would be 
available, if needed, to account for all landings and dead discards 
within the total 2011 U.S. quota once the dead discard information is 
available, NMFS' best estimates of current dead discards and quota that 
will remain unused indicate that the risk of exceeding the overall 
quota is small. This risk is also outweighed by the potential benefit 
of keeping the General category, which is successfully harvesting 
available quota, open for the remainder of the year.
    A quota transfer at this time would provide additional 
opportunities to harvest the U.S. BFT quota without exceeding it, while 
preserving the opportunity for General category fishermen to 
participate in the winter BFT fishery in the mid-Atlantic region that 
typically begins in December when commercial-sized BFT become available 
in that area. Per the Consolidated HMS FMP, the December General 
category fishery is allocated 5.2 percent of the General category quota 
(i.e., 22.6 mt for December 2011).
    Based on the considerations above, as well as the available quota, 
fishery performance in recent years, and the availability of BFT on the 
fishing grounds, NMFS has determined that a quota transfer is warranted 
and transfers 50 mt of the 70.5 mt of the Reserve category to the 
General category. Thus, the General category quota is adjusted to 485.1 
mt for the 2011 fishing year. Once the adjusted General category quota 
has been reached, or on December 31, 2011 (whichever comes first), the 
2011 General category fishery will be closed. The 2012 General category 
fishery begins January 1, 2012.

Reduction 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), as listed above.
    For the 2011 fishing year to date, 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 (75 FR 79309, 
December 20, 2010), and three large medium or giant BFT for June 
through August (76 FR 32086, June 3, 2011) and three large medium or 
giant BFT for September through December (76 FR 52886, August 24, 
2011). In these actions, NMFS indicated that additional retention limit 
adjustments could be made, if necessary.
    As indicated above, the General category has landed 413.1 mt, or 95 
percent of its 2011 quota of 435.1 mt based on landings through October 
26, 2011. Based on considerations of the available quota, fishery 
performance in recent years (landings and discards), and the 
availability of BFT on the fishing grounds, NMFS has determined that 
the General category retention limit should be reduced. Accordingly, 
NMFS adjusts the General category retention limit from three to two 
large medium or giant BFT per vessel per day/trip effective November 
14, 2011, through December 31, 2011. NMFS expects that this retention 
limit, in conjunction with

[[Page 69139]]

the 50-mt quota transfer, would allow the General category to remain 
open through the end of the fishing year while not risking overharvest 
of the U.S. BFT quota, including accounting for dead discards as 
required by ICCAT.
    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 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 the remainder of the 
2011 fishing year 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 action is 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. Based 
on available BFT quotas, fishery performance in recent years, and the 
availability of BFT on the fishing grounds, a quota transfer is 
warranted to provide additional opportunities to harvest the U.S. BFT 
quota, including preserving the opportunity for General category 
fishermen to participate in the winter BFT fishery in the mid-Atlantic 
region that typically begins in December. A reduction in the General 
category daily retention limit is necessary to extend fishing 
opportunities throughout the fishing year while reducing the risk of 
combined landings and dead discards exceeding the available U.S. quota, 
consistent with ICCAT recommendations.
    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 continued harvest of BFT that are 
available on the fishing grounds via a quota transfer from the Reserve 
category to the General category. 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 General category retention limit will 
remain open due to the quota transfer from the Reserve category rather 
than closing at this time), 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 
635.27(a)(7), and is exempt from review under Executive Order 12866.

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

    Dated: November 3, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-28906 Filed 11-3-11; 4:15 pm]
BILLING CODE 3510-22-P