[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76900-76902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31677]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 110210132-1275-02]
RIN 0648-XA842


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 retention limit of Atlantic bluefin tuna (BFT) should be adjusted 
for the January 2012 subquota period, 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 January 1, 2012, through March 31, 2012.

FOR FURTHER INFORMATION CONTACT: Tom Warren or Sarah McLaughlin, (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 established in the 2006 Consolidated HMS Fishery Management 
Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and 
subsequent rulemakings.
    The 2012 BFT fishing year, which is managed on a calendar year 
basis and subject to an annual calendar year quota, begins January 1, 
2012. Starting on January 1, 2012, the General category daily retention 
limit (Sec.  635.23(a)(2)) reverts 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 under the regulations unless otherwise 
provided. 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 throughout the fishing season, particularly in years when 
catch rates are high. 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); three large medium or giant BFT for June 
through August (76 FR 32086, June 3, 2011); three large medium or giant 
BFT for September through November 5, 2011 (76 FR 52886, August 24, 
2011); and two large medium or giant BFT for November 6 through 
December 31, 2011 (76 FR 69137, November 8, 2011). The November 6, 
2011, adjustment to a limit of two large medium or giant BFT was in 
conjunction with an inseason quota transfer of 50 mt from the Reserve 
category to the General category.
    The 2010 ICCAT recommendation regarding western BFT management 
resulted in baseline U.S. quotas for both 2011 and 2012 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 
2012 General category share would be 435.1 mt, and the baseline 2012 
January General category subquota would be 23.1 mt.
    In order to implement the ICCAT recommendation for 2012, NMFS is 
planning to publish proposed quota specifications in the beginning of 
2012 to set BFT quotas for each of the established domestic fishing 
categories. Until the 2012 quota specifications are finalized (most 
likely in the spring of 2012), the January General category baseline 
quota of 23.1 mt (established

[[Page 76901]]

for 2011) 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 current regulations (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 five 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. A recent regulatory amendment (76 FR 74003, November 
30, 2011), increased the maximum possible daily retention limit to 5 
fish. Although the default end of the January subquota period is 
January 31, 2012, the regulatory amendment also extends the allowable 
duration of the January subquota period until the January subquota has 
been harvested or March 31, 2012, whichever comes first.
    NMFS has considered the set of criteria cited above and their 
applicability to the General category BFT retention limit for the 
January 2012 General category fishery. A principal consideration is the 
objective of providing opportunities to harvest the full January 
subquota, without exceeding it based upon the Consolidated HMS FMP 
goal: ``Consistent with other objectives of this FMP, to manage 
Atlantic HMS fisheries for continuing optimum yield so as to provide 
the greatest overall benefit to the Nation, particularly with respect 
to food production, providing recreational opportunities, preserving 
traditional fisheries, and taking into account the protection of marine 
ecosystems''. The January subquota has been underharvested in recent 
years. Under the two fish limit that applied during January 2011, 
January landings were 34 percent of the subquota (7.9 mt out of the 
baseline January subquota of 23.1 mt). Similarly, during the 2010 
January subquota period, under a two fish limit, 11 percent of the 
baseline January subquota was harvested (2.7 mt out of the baseline 
January subquota of 23.8 mt). Based upon the ICCAT recommended quota, 
the baseline 2012 General category January subquota would also be 23.1 
mt. Therefore, based on these criteria, NMFS has determined that the 
General category retention limit should be increased from the one fish 
default limit. Accordingly, NMFS increases the General category 
retention limit to two large medium or giant BFT, measuring 73 inches 
CFL or greater, per vessel per day/trip, effective January 1, 2012, 
through March 31, 2012, or until the January subquota is harvested, 
whichever comes first.
    Although NMFS has the authority to set the daily retention limit 
higher than two BFT, under a relatively high limit (and fish 
availability), the rate of harvest of the January subquota could be 
accelerated and result in a relatively short fishing season. A short 
fishing season may preclude or reduce fishing opportunities for some 
individuals or geographic areas. Therefore, in order to maintain an 
equitable distribution of fishing opportunities, a retention limit 
closer to the low end of the allowable range of retention limits (i.e., 
two fish) is warranted. A potential ancillary benefit from a subquota 
period that is open for an extended duration is that any scientific 
information (including biological samples) collected from BFT may be 
from fish collected over a broader temporal and geographic range than 
currently sampled. Lastly, fishery participants have supported this 
retention limit in prior seasons.
    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. 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 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 2012 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. 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 future 
adjustments to the retention limit 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 limit, 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.

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

[[Page 76902]]

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, 2012, 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 these reasons, there is 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 6, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-31677 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-22-P