[Federal Register Volume 79, Number 156 (Wednesday, August 13, 2014)]
[Rules and Regulations]
[Pages 47381-47382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19106]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140115049-4528-02]
RIN 0648-XD423


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.

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SUMMARY: NMFS is transferring 15 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the Harpoon category for 
the remainder of the 2014 fishing year. This action is based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments, and applies to Atlantic tunas Harpoon category 
(commercial) permitted vessels.

DATES: Effective August 8, 2014, through November 15, 2014.

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 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). The 2011 BFT quota rule (76 FR 39019, July 5, 
2011) implemented the base quota of 36 mt for the Harpoon category 
fishery and 23.1 mt for the Reserve category. As published in the final 
2014 BFT quota specifications (79 FR 38255, July 7, 2014), the baseline 
Harpoon category and Reserve category quotas as codified have not been 
modified.
    The 2014 Harpoon category fishery is open until November 15, 2014, 
or until the Harpoon category quota is reached, whichever comes first.

Inseason Transfer to the Harpoon Category

    Under Sec.  635.27(a)(7), NMFS has the authority to allocate any 
portion of the Reserve category to any other category, 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 BFT on the fishing grounds.

[[Page 47382]]

    NMFS has considered the determination criteria regarding inseason 
adjustments and their applicability to the Harpoon category fishery for 
the remainder of the 2014 fishing year. These considerations include, 
but are not limited to, the following: Biological samples collected 
from BFT landed by Harpoon category fishermen and provided by BFT 
dealers continue to provide NMFS with valuable parts and data for 
ongoing scientific studies of BFT age and growth, migration, and 
reproductive status. Continued BFT landings would support the 
collection of a broad range of data for these studies and for stock 
monitoring purposes. As of August 4, 2014, the Harpoon category has 
landed 29.7 mt, with 6.3 mt available for the remainder of the season, 
and NMFS anticipates the available quota will be met by mid-August, 
depending on weather conditions and fish availability. Without a quota 
transfer at this time, Harpoon category participants would have to stop 
BFT fishing activities once the base quota is met, while commercial-
sized BFT remain available in the areas Harpoon category permitted 
vessels operate. NMFS anticipates that the Harpoon category could 
harvest the transferred 15 mt prior to the end of the Harpoon category 
season, subject to weather conditions and BFT availability. As this 
action would be taken consistent with the quotas previously established 
and analyzed in the 2011 BFT quota final rule (76 FR 39019, July 5, 
2011), and consistent with objectives of the 2006 Consolidated HMS FMP, 
it is not expected to negatively impact stock health. A principal 
consideration is the objective of providing opportunities to harvest 
the full 2014 U.S. BFT 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.''
    Based on all of these considerations, as well as the available 
quota, NMFS has determined that 15 mt of the 23.1-mt Reserve category 
quota should be transferred to the Harpoon category. The transfer would 
provide a reasonable opportunity to harvest the U.S. quota of BFT, 
without exceeding it, while maintaining an equitable distribution of 
fishing opportunities; help achieve optimum yield in the 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 adjusts the Harpoon category 
quota to 51 mt for the 2014 fishing year. The Harpoon category will be 
closed for 2014 when the adjusted Harpoon category quota has been 
reached, or November 15, 2014, whichever comes first.

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 action is necessary to ensure available quota is not 
exceeded or to enhance scientific data collection from, and fishing 
opportunities in, all geographic areas. Subsequent actions, 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 inseason 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 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 the quota 
transfer for the remainder of 2014 is impracticable and contrary to the 
public interest as such a delay would likely result in closure of the 
Harpoon fishery when the base quota is met and the need to re-open the 
fishery, with attendant administrative costs and costs to the fishery. 
The delay would preclude the fishery from harvesting BFT that are 
available on the fishing grounds and that might otherwise become 
unavailable during a delay. 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, 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 635.27(a)(7) and is exempt 
from review under Executive Order 12866.

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

    Dated: August 7, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-19106 Filed 8-8-14; 11:15 am]
BILLING CODE 3510-22-P