[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Rules and Regulations]
[Pages 71974-71975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29400]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XE316


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notification that Northeast Distant gear restricted area (NED) 
quota is filled.

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SUMMARY: NMFS announces that the 25-mt quota available for Atlantic 
bluefin tuna bycatch (including landings and dead discards) by the 
Longline category in the Northeast Distant gear restricted area (NED) 
was filled on November 12, 2015. NMFS reminds vessels fishing in the 
NED that they now must account for any bluefin bycatch retained or 
discarded dead using IBQ allocation available to the vessel and that 
any quota debt remaining at the end of 2015 will carry over to 2016.

DATES: Effective November 18, 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 bluefin 
tuna by persons and vessels subject to U.S. jurisdiction are found at 
50 CFR part 635. Section 635.27 subdivides the U.S. bluefin tuna 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).
    The U.S. bluefin tuna annual quota from the International 
Commission for the Conservation of Atlantic Tunas (ICCAT) includes, as 
in previous years, a 25-mt set-aside for bluefin tuna bycatch related 
to longline fisheries operating in the vicinity of the ICCAT management 
area boundary. See ICCAT Recommendation 14-05; and 80 FR 52198, (August 
28, 2015) (implementing the quota domestically). For management and 
monitoring purposes, NMFS implements this set-aside in the NED gear 
restricted area as quota available to Atlantic Longline category 
permitted vessels. Longline is not a permitted gear for directed 
fishing on bluefin tuna; any catch must be incidental to fishing for 
other species. Accounting for this bycatch includes all catch (landings 
and dead discards). The NED is the Atlantic Ocean area bounded by 
straight lines connecting the following coordinates in the order 
stated: 35[deg]00' N. lat., 60[deg]00' W. long.; 55[deg]00' N. lat., 
60[deg]00' W. long.; 55[deg]00' N. lat., 20[deg]00' W. long.; 
35[deg]00' N. lat., 20[deg]00' W. long.; 35[deg]00' N. lat., 60[deg]00' 
W. long.

The IBQ Program and the Northeast Distant Area (NED)

    Under Amendment 7 (79 FR 71510, December 2, 2014), new rules were 
implemented for Longline category vessels fishing in the NED. See 50 
CFR 635.15(b)(8). Any bluefin tuna bycatch by permitted vessels fishing 
with pelagic longline gear in the NED counts toward the ICCAT-allocated 
separate NED quota (25 mt), until that quota has been filled. During 
that period, the bluefin tuna accounting requirements of the IBQ 
Program do not apply to those vessels. Once the NED quota is filled, 
Longline category permitted vessels may fish or continue to fish in the 
NED, but the permitted vessels must then abide by the applicable 
requirements of the IBQ program, which requires individual

[[Page 71975]]

vessel accounting for bluefin tuna bycatch using quota allocation 
available to the vessel (either through its own quota share or leasing 
allocation from another vessel). Bluefin tuna must be accounted for as 
described at Sec.  635.15(b)(4) and (5).
    Based on Atlantic bluefin tuna dealer data and IBQ system data, as 
of November 10, 2015, 33,484 lb (15.2 mt) of bluefin tuna has been 
landed, and 90 lb (<0.1 mt) of bluefin tuna has been discarded dead in 
the NED; an additional 36 bluefin tuna have been reported as retained 
through Vessel Monitoring System (VMS) bluefin tuna catch reports. 
These 36 retained bluefin tuna reported via VMS equate to approximately 
17,460 lb (7.9 mt) of additional catch, which brings the total 
estimated bluefin tuna catch from the NED to 51,034 lb (23.2 mt). Based 
on this data, NMFS has determined that the 25 mt set-aside will be 
filled on November 12, 2015.
    Because the NED the quota has been reached, vessels are notified 
that they must account for any bycatch of bluefin tuna (landings and/or 
dead discards) in the NED using IBQ allocation as specified in the 
regulations at Sec.  635.15(b)(8). Vessel owners will have to account 
retroactively for their bluefin tuna bycatch with IBQ to the date that 
the separate quota was reached. NMFS currently anticipates that date 
will be November 12, 2015, but will notify relevant vessel owners of 
the precise date when we have complete NED catch data.
    With respect to quota accounting for the fishery as whole, bluefin 
bycatch (landings and dead discards) from the NED beyond the 25 mt set-
aside will count toward the Longline category annual baseline subquota. 
For 2015, NMFS delayed certain regulatory requirements requiring 
vessels with pelagic longline gear to have a minimum amount of IBQ 
quota before departing on fishing trips, thus allowing such vessels to 
fish with pelagic longline gear even if they have quota debt. However, 
we specified that quota debt will accrue throughout the 2015 fishing 
year, and vessels will be responsible for accounting for all of their 
bluefin bycatch at the end of the year. If, by the end of 2015, a 
permit holder does not have adequate IBQ allocation to settle their 
vessel's quota debt, the vessel's allocation will be reduced in the 
amount equal to the quota debt in the subsequent year or years until 
the quota debt is fully accounted for. Vessels with a negative balance 
will have to satisfy the quota debt before departing on any trips in 
2016.
    NMFS will continue to monitor bluefin tuna bycatch by vessels 
fishing with pelagic longline gear using VMS and dealer data, as well 
as monitor the accounting for such catch in the IBQ system, to ensure 
that vessels are accountable for their bluefin bycatch and that quotas 
are managed consistent with the 2006 Consolidated HMS FMP and our 
international quota obligations. For fishery updates, fishermen may 
call the Atlantic Tunas Information Line at (888) 872-8862 or (978) 
281-9260, access the following internet address: www.hmspermits.gov.

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

    Dated: November 12, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-29400 Filed 11-13-15; 4:15 pm]
 BILLING CODE 3510-22-P