[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Rules and Regulations]
[Pages 50346-50347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20176]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 130214139-3542-02]
RIN 0648-XC789


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 is adjusting the Atlantic bluefin tuna (BFT) General 
category daily retention limit from the default limit of one large 
medium or giant BFT to three large medium or giant BFT for the 
September, October through November, and December time periods of the 
2013 fishing year. This action is based on consideration of the 
regulatory determination criteria regarding inseason adjustments, and 
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, 2013, through December 31, 2013.

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 established in the 2006 Consolidated Highly Migratory 
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 
58058, October 2, 2006) and in accordance with implementing 
regulations. NMFS is required under ATCA and the Magnuson-Stevens Act 
to provide U.S. fishing vessels with a reasonable opportunity to 
harvest the ICCAT-recommended quota.
    The 2010 ICCAT recommendation regarding western BFT management 
resulted in baseline U.S. quotas for 2011 and for 2012 of 923.7 mt (not 
including the 25 mt ICCAT allocated to the United States to account for 
bycatch of BFT in pelagic longline fisheries in the Northeast Distant 
Gear Restricted Area). Among other things, the 2011 BFT quota rule (76 
FR 39019, July 5, 2011) implemented the base quota of 435.1 mt for the 
General category fishery (a commercial tunas fishery in which handgear 
is used). Each of the General category time periods (January, June 
through August, September, October through November, and December) is 
allocated a portion of the annual General category quota. As published 
in the final 2013 BFT quota specifications (78 FR 36685, June 19, 
2013), the baseline General category subquotas as codified have not 
been modified, and include 115.3 mt for September, 56.6 mt for October 
through November, and 22.6 mt for December.
    Unless changed, the General category daily retention limit starting 
on September 1 would be the default retention limit of one large medium 
or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) per vessel per day/trip (Sec.  635.23(a)(2)). This default 
retention limit would apply to General category permitted vessels and 
to HMS Charter/Headboat category permitted vessels when fishing 
commercially for BFT.
    For the 2012 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 (76 FR 76900, December 9, 2011), 
three large medium or giant BFT for June through August (77 FR 28496, 
May 15, 2012), and three large medium or giant BFT for September 
through December (77 FR 53150, August 31, 2012). In December 2012, NMFS 
transferred 40 mt of BFT quota from the Reserve category to the General 
category for the remainder of 2012 and adjusted the daily retention 
limit for the 2013 January subquota period from the default level of 
one large medium or giant BFT to two large medium or giant BFT (77 FR 
74612, December 17, 2012). That retention limit was effective from 
January 1, 2013, until February 15, 2013, when NMFS closed the fishery 
because the January subquota had been met (78 FR 11788, February 20, 
2013). For the June through August 2013 period, NMFS adjusted the limit 
to three large medium or giant BFT (78 FR 26709, May 8, 2013).

Adjustment of General Category Daily Retention Limit

    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 five per vessel based on consideration of the relevant 
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 BFT distribution, 
abundance, or migration patterns; 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 review of dealer 
reports, daily landing trends, and the availability of BFT on the 
fishing grounds.
    NMFS has considered these criteria and their applicability to the 
General category BFT retention limit for the September through December 
2013 General category fishery. These considerations include, but are 
not limited to, the following:
    Biological samples collected from BFT landed by General category 
fishermen and provided by BFT dealers continue to provide NMFS with 
valuable data for ongoing scientific studies of BFT age and growth, 
migration, and reproductive status. This action would be taken 
consistent with the quotas previously implemented and analyzed in the 
2011 BFT quota final rule (76 FR 39019, July 5, 2011), consistent with 
the objectives of the 2006 Consolidated HMS FMP. This action will not 
have impacts beyond those already analyzed and thus is not expected to 
negatively impact the stock. A principal consideration is the objective 
of providing opportunities to harvest the full General category quota 
without exceeding it based upon the 2006 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.'' Commercial-sized BFT migrated to the fishing grounds off 
New England by early June and are actively being landed. Lastly, 
despite the current three-fish

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daily retention limit, 2013 General category landings remain low.
    As of August 9, 2013, 110.4 mt of the 2013 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 
one time period to the next, 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, 2013, absent agency 
action, NMFS anticipates the full 2013 General category quota may not 
be harvested. However, based on the pattern exhibited over the last few 
years, NMFS anticipates an increase in both landings of BFT (in number) 
and average fish weight for the remainder of the year, relative to the 
same period of 2012, such that a continued three-fish limit may result 
in higher landings than in previous years.
    A lower limit could result in unused quota being added to the later 
portion of the General category season (i.e., rolling forward to the 
subsequent subquota time period). Increasing the daily retention limit 
from the default may mitigate rolling an excessive amount of unused 
quota from one time-period subquota to the next. Increasing the daily 
limit from three to four or five fish may risk exceeding the available 
General category quota. As referred to above, by late November 2012, 
NMFS determined that the General category had reached 98 percent of its 
2012 quota of 435.1 mt under the three-fish limit that was in effect. 
In order to extend fishing opportunities and allow continued collection 
of biological samples from General category landings throughout the 
remainder of 2012, NMFS transferred 40 mt of available quota from the 
Reserve to the General category (77 FR 74612, December 17, 2012). The 
Reserve quota available for transfers in 2013 will be under 23 mt, 
substantially less than in recent years, and will depend on reported 
2013 research landings to date.
    Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted at this time. That 
retention limit should provide a reasonable opportunity to harvest the 
U.S. BFT quota, without exceeding it, while maintaining an equitable 
distribution of fishing opportunities; help achieve optimum yield in 
the General category BFT fishery; allow the collection of a broad range 
of data for stock monitoring purposes; and be consistent with the 
objectives of the 2006 Consolidated HMS FMP. Therefore, NMFS increases 
the General category retention limit from the default limit (one) to 
three large medium or giant BFT per vessel per day/trip, effective 
September 1, 2013, through December 31, 2013.
    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 those vessels 
permitted in the General category, as well as to those HMS Charter/
Headboat permitted vessels fishing commercially for BFT.

Monitoring and Reporting

    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 adjustment or closure is 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 hmspermits.noaa.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 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 the 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 NMFS needs to wait 
until it has necessary data and information about the fishery before it 
can select the appropriate retention limit for a time period prescribed 
by regulation. By the time NMFS has the necessary data, implementing 
the retention limit following a public comment period would preclude 
fishermen from harvesting BFT that are legally available consistent 
with all of the regulatory criteria. 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 that 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, 2013, or as soon as possible thereafter, to minimize any unnecessary 
disruption in fishing patterns, to allow the impacted sectors to 
benefit from the adjustment, and to not preclude fishing opportunities 
for fishermen in geographic areas with 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 Sec.  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 14, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-20176 Filed 8-16-13; 8:45 am]
BILLING CODE 3510-22-P