[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Rules and Regulations]
[Pages 59153-59156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20768]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XE820


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 five large medium or giant BFT for the 
September, October through November, and December subquota time periods 
of the 2016 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, 2016, through December 31, 2016.

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 Atlantic 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. 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 currently codified baseline U.S. quota is 1,058.9 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. See 
Sec.  635.27(a). The currently codified General category quota is 466.7 
mt. 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. The codified 
baseline General category subquotas include 123.7 mt for

[[Page 59154]]

September, 60.7 mt for October through November, and 24.3 mt for 
December. NMFS transferred 21 mt of BFT quota from the December 2016 
subquota to the January 2016 subquota period (80 FR 77264, December 14, 
2015).

Adjustment of General Category Daily Retention Limit

    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 2015 fishing year, NMFS adjusted the daily retention limit 
from the default level of one large medium or giant BFT to three large 
medium or giant BFT for the January subquota period (79 FR 77943, 
December 29, 2014), which closed March 31, 2015 (the regulations allow 
the General category fishery under the ``January'' subquota to continue 
until the subquota is reached, or March 31, whichever comes first); 
four large medium or giant BFT for the June through August subquota 
period (80 FR 27863; May 15, 2015) as well as for September 1 through 
November 27, 2015 (80 FR 51959; August 27, 2015); and three large 
medium or giant BFT for November 28 through December 31, 2015 (80 FR 
74997; December 1, 2015). NMFS adjusted the daily retention limit for 
the 2016 January subquota period (which closed March 31) from the 
default level of one large medium or giant BFT to three large medium or 
giant BFT in the same action as the 24.3-mt transfer from the December 
2016 subquota period to the January 2016 subquota period (80 FR 77264; 
December 14, 2015). For the June through August 2016 subquota period, 
NMFS adjusted the daily retention limit to five large medium or giant 
BFT (81 FR 29501; May 12, 2016).
    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 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 FMP; 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 these criteria and their applicability to the 
General category BFT retention limit for September through December 
2016. These considerations include, but are not limited to, the 
following: Regarding the usefulness of information obtained from 
catches in the particular category for biological sampling and 
monitoring of the status of the stock, 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. Additional opportunity to land BFT would support the collection 
of a broad range of data for these studies and for stock monitoring 
purposes.
    Regarding the effects of the adjustment on BFT rebuilding and 
overfishing and the effects of the adjustment on accomplishing the 
objectives of the FMP, as this action would be taken consistent with 
the previously implemented and analyzed quotas, it is not expected to 
negatively impact stock health or otherwise affect the stock in ways 
not previously analyzed, including on rebuilding, overfishing, or the 
objectives of the FMP. It is also supported by the Environmental 
Assessment for the 2011 final rule regarding General and Harpoon 
category management measures, which increased the General category 
maximum daily retention limit from three to five fish (76 FR 74003; 
November 30, 2011).
    Another principal consideration in setting the retention limit is 
the objective of providing opportunities to harvest the full General 
category quota without exceeding it based on the goals of the 2006 
Consolidated HMS FMP and Amendment 7, including to achieve optimum 
yield on a continuing basis and to optimize the ability of all permit 
categories to harvest their full BFT quota allocations. This retention 
limit would be consistent with the quotas established and analyzed in 
the BFT quota final rule (80 FR 52198; August 28, 2015), and with 
objectives of the 2006 Consolidated HMS FMP and amendments, and is not 
expected to negatively impact stock health or to affect the stock in 
ways not already analyzed in those documents. It is also important that 
NMFS limit landings to BFT subquotas both to adhere to the FMP quota 
allocations and to ensure that landings are as consistent as possible 
with the pattern of fishing mortality (e.g., fish caught at each age) 
that was assumed in the projections of stock rebuilding.
    Commercial-size BFT migrated to the fishing grounds off the 
northeast U.S. coast by early June and are actively being landed. As of 
August 17, 2016, approximately 210 mt of the 2016 General category 
quota of 466.7 mt have been landed, and landings rates remain at 
approximately 1-2 mt per day. Given the rollover of unused quota from 
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, 2016, absent agency 
action, NMFS anticipates the full 2016 General category quota may not 
be harvested. In September through December 2015, under a four-fish 
limit through November 27 and a three-fish limit November 28 through 
December 31, BFT landings were approximately 410 mt. See below for 
description of 2015 quota transfers to the General category. For the 
entire 2015 fishing year, 131.7 percent and 95.1 percent of the 
baseline and adjusted General category quota was filled, respectively. 
However, in 2014, 94.6 percent of the available (i.e., baseline) 
General category quota was filled under a four-fish limit (i.e., the 
full 2014 General category quota was not harvested).
    Despite elevated General category limits, the vast majority of 
successful trips (i.e., General or Charter/Headboat trips on which at 
least one BFT is landed under General category quota) land only one or 
two BFT. For instance, the landings data for 2015 show that, under the 
four-fish limit that applied June 1 through November 27, the percentage 
of trips that landed one, two, three, or four BFT was as follows: 76 
percent landed one BFT; 14 percent

[[Page 59155]]

landed two BFT; 5 percent landed three BFT; and 5 percent landed four 
BFT. In the last few years, NMFS has received some comments that a high 
daily retention limit (specifically five fish) is needed to optimize 
General category fishing opportunities and account for seasonal 
distributions by enabling vessels to make overnight trips to distant 
fishing grounds.
    NMFS anticipates that some underharvest of the 2015 adjusted U.S. 
BFT quota will be carried forward to 2016 to the Reserve category, in 
accordance with the regulations implementing Amendment 7, later this 
summer when complete BFT catch information for 2015 is available and 
finalized. This, in addition to the fact that any unused General 
category quota will roll forward to the next subperiod within the 
calendar year, makes it possible that General category quota will 
remain available through the end of 2016 for December fishery 
participants, even if NMFS sets higher daily retention limits for the 
earlier periods. NMFS also may choose to transfer unused quota from the 
Reserve or other categories inseason based on consideration of the 
regulatory determination criteria, as NMFS did for late 2015 (80 FR 
68265, November 4, 2015; 80 FR 74997, December 1, 2015). Those 
transfers were intended to provide additional opportunities to harvest 
the U.S. BFT quota without exceeding it. Therefore, NMFS anticipates 
that General category participants in all areas and time periods will 
have opportunities to harvest the 2016 General category quota.
    A limit lower than five fish could result in unused quota being 
rolled forward to the subsequent subquota time period in the General 
category season. Increasing the daily retention limit from the default 
may prevent rolling an excessive amount of unused quota forward from 
one subquota time period to the next. Increasing the daily retention 
limit to five fish will increase the likelihood that the General 
category BFT landings will approach, but not exceed, the annual quota, 
as well as increase the opportunity for catching BFT during the 
September, October through November, and December subquota periods. 
Increasing opportunity within each subquota period is also important 
because of the migratory nature and seasonal distribution of BFT. In a 
particular geographic region, or waters accessible from a particular 
port, the amount of fishing opportunity for BFT may be constrained by 
the short amount of time the BFT are present.
    Based on these considerations, NMFS has determined that a five-fish 
General category retention limit is warranted. It would provide a 
reasonable opportunity to harvest the full U.S. BFT quota (including 
the expected increase in available 2016 quota based on 2015 
underharvest), without exceeding it, while maintaining an equitable 
distribution of fishing opportunities; help optimize the ability of the 
General category to harvest its full quota; 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, as amended. 
Therefore, NMFS increases the General category retention limit from the 
default limit (one) to five large medium or giant BFT per vessel per 
day/trip, effective September 1, 2016, through December 31, 2016.
    Regardless of the duration of a fishing trip, no more than a single 
day's retention limit may be possessed, retained, or landed. For 
example (and specific to the September through December 2016 limit), 
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 five fish 
may not be exceeded upon landing. This General category retention limit 
is effective in all areas, except for the Gulf of Mexico, where NMFS 
prohibits targeting fishing for BFT, 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. Dealers are 
required to report landings 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 
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.

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:
    Prior notice is impracticable because the regulations implementing 
the 2006 Consolidated HMS FMP, as amended, intended that inseason 
retention limit adjustments would allow the agency to respond quickly 
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. Based on available BFT quotas, fishery performance in 
recent years, and the availability of BFT on the fishing grounds, 
responsive adjustment to the General category BFT daily retention limit 
from the default level is warranted to allow fishermen to take 
advantage of the availability of fish and of quota. For such adjustment 
to be practicable, it must occur in a timeframe that allows fishermen 
to take advantage of it.
    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 result in low catch 
rates and quota rollovers. Analysis of available data shows that 
adjustment to the BFT daily retention limit from the default level 
would result in minimal risks of exceeding the ICCAT-allocated quota. 
With quota available and fish available on the grounds, and with no 
measurable impacts to the stock, it would be contrary to the public 
interest to require vessels to wait to harvest the fish allowed through 
this action. Therefore, the AA finds good cause under 5 U.S.C. 
553(b)(B) to waive prior notice and the opportunity for public comment.
    Adjustment of the General category retention limit needs to be 
effective September 1, 2016, 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. Foregoing 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, as amended. Therefore, the AA finds there is also good cause under 
5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.

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    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 24, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-20768 Filed 8-25-16; 4:15 pm]
 BILLING CODE 3510-22-P