[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Rules and Regulations]
[Pages 46516-46518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19156]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120328229-4949-02]
RIN 0648-XE079


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 40 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the Harpoon category. 
With this transfer, the adjusted Harpoon category quota for the 2015 
fishing season is 73.4 mt. The 2015 Harpoon category fishery is open 
until November 15, 2015, or until the Harpoon category quota is 
reached, whichever comes first. The 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 July 31, 2015, through November 15, 2015.

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

[[Page 46517]]

categories, per the allocations established in the 2006 Consolidated 
Atlantic 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, effective January 1, 2015, 
including base quotas of 33.4 mt for the Harpoon category and 21.4 mt 
for the Reserve category. See Sec.  635.27(a). To date, NMFS has 
published two inseason quota transfers that have adjusted the available 
2015 Reserve category quota, which currently is 74.8 mt (80 FR 7547, 
February 22, 2015 and 80 FR 45098, July 29, 2015).
    The 2015 Harpoon category fishery opened June 1 and is open through 
November 15, 2015, 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 are: 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; 
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.
    NMFS has considered the determination criteria regarding inseason 
adjustments and their applicability to the Harpoon category fishery. 
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 July 28, 2015, the Harpoon 
category has landed 33.1 mt. Without a quota transfer at this time, 
Harpoon category participants would have to stop BFT fishing activities 
with very short notice (i.e., 3 days after the date of filing of a 
closure notice with the Office of the Federal Register), while 
commercial-sized BFT remain available in the areas Harpoon category 
permitted vessels operate. NMFS anticipates that the Harpoon category 
could harvest the transferred 40 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 Amendment 7 (79 FR 71510, December 2, 
2014), 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 2015 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 40 mt of the available 74.8 mt of 
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 and its amendments. Therefore, NMFS adjusts 
the Harpoon category quota to 73.4 mt for the 2015 Harpoon category 
fishing season (i.e., through November 15, 2015, or until the Harpoon 
category quota is reached, whichever comes first). NMFS has considered 
the fact that it has published a proposed BFT quota rule that would 
implement and give domestic effect to the 2014 ICCAT recommendation on 
western Atlantic BFT management, which increased the U.S. BFT quota for 
2015 and 2016 by 14 percent from the 2014 level (80 FR 33467, June 12, 
2015). The domestic subquotas proposed in that action would result from 
application of the allocation process established in Amendment 7 to the 
2006 Consolidated HMS FMP to the increased U.S. quota, and would 
include an increase in the Harpoon category quota from the currently 
codified 33.4 mt to 38.6 mt. Although the proposed rule would increase 
the baseline Harpoon category quota by 5.2 mt, NMFS is transferring 40 
mt at this time regardless of the proposed quota increase.

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. General, HMS Charter/
Headboat, Harpoon, and Angling category vessel owners are required to 
report the catch of all BFT retained or discarded dead, within 24 hours 
of the landing(s) or end of each trip, by accessing 
hmspermits.noaa.gov. Depending on the level of fishing effort and catch 
rates of BFT, NMFS may determine that additional 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. If needed, subsequent Harpoon category adjustments 
will be published in the Federal Register. In addition, fishermen may 
call the Atlantic Tunas Information Line at (978) 281-9260, or access 
hmspermits.noaa.gov, for updates on quota monitoring and inseason 
adjustments.

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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 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 2015 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: July 30, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-19156 Filed 7-31-15; 4:15 pm]
 BILLING CODE 3510-22-P