[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Rules and Regulations]
[Pages 36689-36691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16583]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF577


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 four large medium or giant BFT per 
vessel per day/trip to two large medium or giant BFT per vessel per 
day/trip for the remainder of the 2017 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 August 5, 2017, through December 31, 2017.

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 base quota for the General category is 466.7 mt. See Sec.  
635.27(a). Each of the General category time periods (January, June 
through August, September, October through November, and December) is 
allocated a ``subquota'' or portion of the annual General category 
quota. Although it is called the ``January'' subquota, the regulations 
allow the General category fishery under this quota to continue until 
the subquota is reached or March 31, whichever comes first. The 
subquotas for each time period are as follows: 24.7 mt for January; 
233.3 mt for June through August; 123.7 mt for September; 60.7 mt for 
October through November; and 24.3 mt for December. Any unused General 
category quota rolls forward within the fishing year, which coincides 
with the calendar year, from one time period to the next, and is 
available for use in subsequent time periods. On December 19, 2016, 
NMFS published an inseason action transferring 16.3 mt of BFT quota 
from the December 2017 subquota to the January 2017 subquota period (81 
FR 91873). For 2017, NMFS also transferred 40 mt from the Reserve to 
the General category effective March 2, resulting in an adjusted 
General category quota of 506.7 mt (82 FR 12747, March 7, 2017).

Adjustment of General Category Daily Retention Limit

    The default General category retention limit is 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)).
    Thus far this year, NMFS adjusted the daily retention limit for the 
2017 January subquota period from the default level of one large medium 
or giant BFT to three large medium (81 FR 91873, December 19, 2016). 
NMFS closed the January 2017 fishery on March 29 (82 FR 16136, April 3, 
2017). NMFS adjusted the daily retention limit from the default level 
of one large medium or giant BFT to four large medium or giant BFT for 
the June through August 2017 subquota period (82 FR 22616, May 17, 
2017).
    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). NMFS has considered the 
relevant regulatory determination criteria and their applicability to 
the General category BFT retention limit for

[[Page 36690]]

the remainder of the June through August 2017 subquota time period. In 
addition, because NMFS normally prepares a Federal Register notice to 
adjust the daily retention limit for the remainder of the year in early 
August, NMFS simultaneously is taking action to adjust the retention 
limit for the September, October through November, and December 
subquota time periods from the default level that would otherwise take 
effect September 1, 2017. These considerations include, but are not 
limited to, the following:
    NMFS considered the catches of the General category quota to date 
(including during the summer/fall and winter fisheries in the last 
several years), and the likelihood of closure of that segment of the 
fishery if no adjustment is made (Sec.  635.27(a)(8)(ii) and (ix)). 
Commercial-size BFT are currently readily available to vessels fishing 
under the General category quota. As of July 31, 2017, the General 
category has landed approximately 268.3 mt, which is 57 and 53 percent 
of the annual base and adjusted 2017 General category quotas, 
respectively. Landings since June 1, 2017, are 160.6 mt, representing 
69 percent of the General category subquota for the June 1 through 
August 31 period. If current catch rates continue with the four-fish 
daily limit, the available subquota for June 1 through August 31 period 
could be reached or exceeded, and NMFS would need to close the fishery 
earlier than otherwise would be necessary under a lower limit.
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(8)(i)), 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. Prolonged opportunities to land BFT over the longest time-
period allowable would support the collection of a broad range of data 
for these studies and for stock monitoring purposes.
    NMFS also considered the effects of the adjustment on BFT 
rebuilding and overfishing and the effects of the adjustment on 
accomplishing the objectives of the FMP (Sec.  635.27(a)(8)(v) and 
(vi)). The adjusted 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 the 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.
    Another relevant criterion is the 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 (Sec.  
635.27(a)(8)(viii)). NMFS anticipates that some underharvest of the 
2016 adjusted U.S. BFT quota will be carried forward to 2017 to the 
Reserve category, in accordance with the regulations, later this summer 
when complete BFT catch information for 2016 is available and 
finalized. This increases the likelihood that General category quota 
will remain available through the end of 2017, provided retention 
limits are managed accordingly. Last fall, General category landings 
were relatively high due to a combination of fish availability, 
favorable fishing conditions, and higher daily retention limits (five 
fish per day for June 1 through October 8, four fish effective October 
9 through October 16, and two fish effective October 17 through 
November 3). Given these conditions, NMFS transferred 125 mt from the 
Reserve category (81 FR 70369, October 12, 2016) and later transferred 
another 85 mt (18 mt from the Harpoon category and 67 mt from the 
Reserve category) (81 FR 71639, October 18, 2016). Nevertheless, NMFS 
had to close the 2016 General category fishery effective November 4 to 
prevent further overharvest of the adjusted General category quota. For 
2017, NMFS again intends to provide General category participants in 
all areas and time periods opportunities to harvest the General 
category quota without exceeding it, through active inseason management 
such as retention limit adjustments and/or the timing and amount of 
quota transfers (based on consideration of the determination criteria 
regarding inseason adjustments), while extending the season as long as 
practicable.
    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 amendments, 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 (related to 
Sec.  635.27(a)(8)(x)).
    Based on these considerations, NMFS has determined that a two-fish 
General category retention limit is warranted for the remainder of the 
year. It 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 optimize the ability of the 
General category to harvest its available quota, allow collection of a 
broad range of data for stock monitoring purposes, and be consistent 
with the objectives of the 2006 Consolidated HMS FMP and amendments. 
Therefore, NMFS adjusts the General category retention limit from four 
to two large medium or giant BFT per vessel per day/trip, effective 
August 5, 2017, through December 31, 2017. Depending on the level of 
fishing effort and catch rates of BFT, NMFS may determine that 
additional adjustments are necessary to ensure available quota is not 
exceeded or to enhance scientific data collection from, and fishing 
opportunities in, all geographic areas.
    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 limit that will apply through the end of 
the year), 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 
two 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 submit landing reports within 24 hours of a dealer 
receiving BFT. General and HMS Charter/Headboat 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 or by using the HMS Catch Reporting App. 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.

[[Page 36691]]

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 and an opportunity for public comment 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, adjustment to the General 
category BFT daily retention limit from the default level is warranted.
    Delays in adjusting the retention limit may result in the available 
June 1 through August 31 subquota being reached or exceeded and NMFS 
needing to close the fishery earlier than otherwise would be necessary 
under the lower limit being set for this period. Such delays could 
adversely affect those General and HMS Charter/Headboat category 
vessels that would otherwise have an opportunity to harvest BFT if the 
fishery were to remain open for the duration of the subquota period. 
Limited 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. Adjustment of the retention 
limit needs to be effective as soon as possible to extend fishing 
opportunities for fishermen in geographic areas with access to the 
fishery only during this time period.
    Prior notice and an opportunity for public comment is also 
impracticable for the retention limit adjustment to two-fish for the 
September-December subquota periods. By adopting the two-fish limit for 
the remainder of the year through this action, NMFS avoids confusion 
that would arise for the regulated community from two inseason actions 
adopting the same limit. Delaying implementation of the two-fish 
retention limit for the September-December subquota periods could also 
result in temporary reversion to a one-fish limit under the default 
regulatory provisions, which would further confuse the regulated 
community. Avoiding delay in implementation will also allow fishermen 
to take advantage of the availability of fish on the fishing grounds 
and of quota. 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 these 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.  635.23(a)(4) and 
635.27(a)(9), and is exempt from review under Executive Order 12866.

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

    Dated: August 2, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-16583 Filed 8-2-17; 4:15 pm]
BILLING CODE 3510-22-P