[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Pages 45098-45100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18584]



[[Page 45098]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120328229-4949-02]
RIN 0648-XE007


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.

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

SUMMARY: NMFS is transferring 34 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the Longline category for 
the remainder of the 2015 fishing year. This action is based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments, and applies to eligible Atlantic Tunas Longline 
category (commercial) permitted vessels. As a result of this transfer, 
current vessel accounts with IBQ will be distributed 0.25 mt of 
Individual Bluefin Quota (IBQ) allocation each.

DATES: Effective July 28, 2015 through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Tom Warren 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), as amended by Amendment 7 to the 2006 
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and 
in accordance with implementing regulations.
    The currently codified baseline U.S. quota is 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, Amendment 7 revised the 
allocations to all quota categories, implemented an IBQ system, and 
added additional regulatory determination criteria for inseason (or 
annual) adjustments to BFT quota (see Sec.  635.27(a)(8), effective 
January 1, 2015).
    The 2015 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual quota, began January 1, 2015. The 
Longline category was provided 137.3 mt of BFT quota, which was 
distributed among vessel accounts, (i.e. those which met the initial 
eligibility criteria implemented by Amendment 7). The Longline category 
season continues through December 31, 2015. On February 10, 2015, NMFS 
reallocated quota from the Purse Seine category to the Reserve category 
based on the amount of 2014 catch of BFT by Purse Seine vessels (80 FR 
7547; February 11, 2015). Currently, the Reserve category quota is 
108.8 mt.
    Under Sec.  635.15(b)(5)(ii), as implemented through Amendment 7, 
additional IBQ may be allocated to vessels with BFT quota share after 
the initial annual allocations if the U.S. baseline quota increases as 
a result of an ICCAT recommendation or as a result of a transfer of 
quota from the Reserve category to the Longline category, pursuant to 
criteria for quota adjustments. NMFS has considered those criteria in 
relation to the 2015 and 2016 Longline category fishery and have 
determined that a quota transfer is warranted, as explained below. 
Consistent with the criteria for quota adjustments, this action is 
intended to increase the amount of quota available to pelagic longline 
permitted vessels with IBQ, and therefore help vessel owners account 
for BFT landings and dead discards while fostering conditions in which 
permit holders become more willing to lease IBQ. The revised Longline 
category quota would support the broader objectives of Amendment 7, 
which include reducing BFT interactions and dead discards while 
maintaining an economically viable swordfish and yellowfin directed 
fishery.
    Under Amendment 7, a vessel must have IBQ to account for its BFT 
landings and dead discards. If a vessel has insufficient IBQ to account 
for such landings and dead discards, it goes into ``quota debt.'' 
Starting in 2016, a permitted vessel will not be allowed to fish in the 
Longline category if it has outstanding quota debt. In 2015 only, 
however, the vessel may continue to fish but will accrue quota debt 
that must be accounted for at the end of the year. If by the end of 
2015, a permitted vessel does not have adequate IBQ allocation to 
settle its debt, the allocation will be reduced in the subsequent year 
or years until the quota debt is fully resolved.
    Approximately one-fifth of active pelagic longline vessels 
currently have outstanding quota debt, and quota leasing among fishery 
participants has been limited. NMFS suspects the reason for the limited 
quota leasing is because the leasing program is so new, and 
shareholders may be unwilling to lease quota to other shareholders 
because they do not know if they will have sufficient quota to account 
for any BFT they may catch. Thus, leasing may be perceived as 
relatively risky from a business perspective.
    As of July 8, 2015, ten vessels are in quota debt, ranging from 108 
lb (0.05 mt) to 2,912 lb (1.3 mt), with an average of 1,405 lb (0.64 
mt) debt (and a total of 14,045 lb (6.4 mt)). Based on preliminary 
information, the ten vessels represent 22 percent of the active vessels 
(monthly average of 45 active vessels in 2015 to date). As of July 8, 
2015, there were a total of 18 allocation leases (16 involving Longline 
category participants and two between Purse Seine category 
participants), however only four of those leases involved participants 
with quota debt. Some vessel owners have stated that they have been 
unable to lease quota from other IBQ shareholders, because of lack of 
willingness of those owners, and these small businesses face 
uncertainty in their operations because they do not know if they will 
have sufficient quota to account for BFT they may catch. Because the 
leasing program is so new, IBQ shareholders may be reluctant to lease 
quota to other vessels because they do not know if they will have 
sufficient quota to account for any bluefin tuna they may catch.
    Any adjustments to quotas must be 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; 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

[[Page 45099]]

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; review of dealer reports, daily landing trends, and the 
availability of the BFT on the fishing grounds; optimizing fishing 
opportunity; accounting for dead discards, facilitating quota 
monitoring, supporting other fishing monitoring programs through quota 
allocations and/or generation of revenue; and support of research 
through quota allocations and/or generation of revenue.
    Regarding the determination criteria about accounting for dead 
discards and variations in seasonal distribution or abundance, a quota 
transfer from the Reserve category to the Longline category would 
contribute toward full accounting of BFT catch by vessels that have 
quota debt (i.e., reduce quota debt), enhance the likelihood that 
shareholders will make the decision to lease IBQ to others, and reduce 
the uncertainty in the fishery as a whole.
    With respect to the effects of the adjustment on rebuilding and 
overfishing and accomplishing the objectives of the fishery management 
plan, the fishery is a quota-managed fishery, a measure which supports 
objectives related to rebuilding and overfishing. The transfer of 34 mt 
of BFT quota from the Reserve category to the Longline category will 
result in an adjusted Longline quota of 171.3 mt, which remains within 
the ICCAT quota and is less than the historical average of landings and 
dead discards in the fishery (239 mt). The revised Longline category 
quota would support the broader objectives of Amendment 7, which 
include reducing BFT interactions and dead discards while maintaining 
an economically viable swordfish and yellowfin tuna directed fishery. 
As a result of this quota transfer, 0.25 mt (551 lb) of IBQ will be 
distributed to each of the 136 permit holders with IBQ shares, provided 
the permit is associated with a vessel. For those permits that 
qualified for IBQ shares and are not associated with a vessel at the 
time of the quota transfer, the IBQ will not be usable by the permit 
holder (i.e., may not be leased or used to account for BFT) unless and 
until the eligible permit is associated with a vessel. Eligible permits 
will be allocated either Gulf of Mexico (GOM) IBQ, Atlantic (ATL) IBQ, 
or both GOM and ATL IBQ, according to the eligible permit initial 
share's regional designations (and totaling 0.25 mt).
    Regarding the determination criteria ``optimizing fishing 
opportunity,'' the ability of pelagic longline vessel owners to account 
for BFT with allocated quota or lease IBQ at an affordable price is key 
to the success of the IBQ program. An inseason transfer of quota to the 
Longline category would facilitate accomplishing the objectives of the 
2006 Consolidated HMS FMP by optimizing fishing opportunity, 
contributing to full accounting for landings and dead discards, and 
reducing uncertainty in the fishery as a whole. Where fishing 
opportunity for target species is constrained by BFT quota debt or a 
low IBQ balance, the additional quota will help reduce this effect. It 
will also reduce vessel owner uncertainty about whether a vessel owner 
will have sufficient quota to account for BFT they may catch in the 
future. Without this inseason quota transfer, it is more likely that 
permit holders will have difficulty leasing quota to account for BFT 
catch or reduce quota debt, permit holders may have a reduced ability 
to make business plans for the future, and a higher number of permitted 
vessels may be prohibited from fishing during 2016 as a result of quota 
debt accrued during 2015.
    This action is consistent with the rebuilding goals of the 2006 
Consolidated HMS FMP because NMFS does not anticipate that the overall 
U.S. BFT quota will be exceeded. Based on the considerations above, 
NMFS is transferring 34 mt of Reserve category quota to the Longline 
category. As a result of this quota transfer, the Reserve category 
quota will be reduced from 108.8 mt to 74.8 mt, and the Longline 
category quota will be increased from 137.3 to 171.3 mt. This inseason 
quota transfer does not preclude future inseason quota transfers to any 
of the quota categories. This action is supported by the Amendment 7 
Final Environmental Impact Statement and final rule, which analyzed and 
anticipated such an action.
    NMFS will continue to monitor the BFT fisheries, including the 
pelagic longline fishery, closely through the mandatory landings and 
catch reports. Dealers are required to submit landing reports within 24 
hours of a dealer receiving BFT. Pelagic longline vessels are required 
to report BFT catch through Vessel Monitoring System, as well as 
through the online IBQ system.
    Longline category permit holders are reminded that all BFT 
discarded dead must be reported through the Vessel Monitoring System, 
and accounted for in the on-line IBQ system, consistent with 
requirements at Sec.  635.15(a).
    Subsequent inseason 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, as 
amended, provide for inseason adjustments to quota and other aspects of 
BFT fishery management, to respond to the diverse range of factors 
which may affect BFT fisheries, including ecological (e.g, rebuilding, 
or the migratory nature of HMS) and commercial (e.g., optimizing 
fishing opportunity, or reducing bycatch). Specifically, Amendment 7 
stated that NMFS may need to consider providing additional quota to the 
Longline category as a whole in order to increase the amount of quota 
available to eligible permitted vessels via the IBQ program, and 
balance the need to have an operational directed pelagic longline 
fishery with the need to reduce BFT bycatch.
    Based on available BFT quota in the Reserve category, the amount of 
quota debt in the pelagic longline fishery, and the catch of BFT by 
pelagic longline vessels during 2015 to date, among other 
considerations, adjustment to the Reserve and Longline category BFT 
quotas is warranted. Analysis of available data shows that adjustment 
to the Longline category quota from the initial level would result in 
minimal risks of exceeding the ICCAT-allocated quota. The regulations 
implementing the 2006 Consolidated HMS FMP, as amended, provide the 
flexibility to provide additional quota to the Longline category in 
order to optimize fishing opportunity, account for dead discards, and 
accomplish the objectives of the fishery management plan. NMFS provides 
notification of quota adjustments by publishing the notice in the 
Federal Register, emailing individuals who have subscribed to the 
Atlantic HMS News electronic newsletter, and updating the information 
posted on the Atlantic Tunas Information Line and on 
hmspermits.noaa.gov.
    Delays in adjusting the Reserve and Longline category quotas would 
adversely affect those Longline category vessels that would otherwise 
have an opportunity to reduce or resolve quota debt, lease quota to 
other vessels, as

[[Page 45100]]

well as delay potential beneficial effects on the ability for vessel 
operators to make business plans for their future. Due to the migratory 
nature of the target species, delaying inseason action may preclude 
fishing opportunities for some vessel operators. NMFS is trying to 
balance providing opportunity to the pelagic longline fishery, with the 
reduction of BFT bycatch, and delaying this action would be contrary to 
the public interest. 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 Sec. Sec.  635.15(b)(5)(ii), 
635.15(f), 635.27(a)(8) and (9), and is exempt from review under 
Executive Order 12866.

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

    Dated: July 24, 2015.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-18584 Filed 7-28-15; 8:45 am]
 BILLING CODE 3510-22-P