[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Rules and Regulations]
[Pages 18230-18233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08783]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XG163


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 Angling category retention limit 
adjustment.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily 
retention limit that applies to vessels permitted in the Highly 
Migratory Species (HMS) Angling category and the HMS Charter/Headboat 
category (when fishing recreationally for BFT) should be adjusted for 
the remainder of 2018, based on consideration of the regulatory 
determination criteria regarding inseason adjustments. NMFS is 
adjusting the Angling category BFT daily retention limit from the 
default of one school, large school, or small medium BFT to two school 
BFT and one large school/small medium BFT per vessel per day/trip for 
private vessels with HMS Angling category permits; and to three school 
BFT and one large school/small medium BFT per vessel per day/trip for 
vessels with HMS Charter/Headboat permits when fishing recreationally. 
These retention limits are effective in all areas, except for the Gulf 
of Mexico, where NMFS prohibits targeted fishing for BFT.

DATES: Effective April 26, 2018, through December 31, 2018.

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 Consolidated Highly Migratory 
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 
58058, October 2, 2006) and amendments, 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.
    As a method for limiting fishing mortality on juvenile BFT, ICCAT 
recommends a tolerance limit on the annual harvest of BFT measuring 
less than 115 centimeters (cm) (45.3 inches) (straight fork length) to 
no more than 10 percent by weight of a Contracting Party's total BFT 
quota. Any overharvest of such tolerance limit from one year must be 
subtracted from the tolerance limit applicable in the next year or the 
year after that. The United States implements this provision by 
limiting the harvest of school BFT (measuring 27 to less than 47 inches 
curved fork length) as appropriate to not exceed the 10-percent limit.
    The currently codified baseline U.S. quota is 1,058.9 metric tons 
(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). See Sec.  635.27(a). The 
currently codified Angling category quota is 195.2 mt (108.4 mt for 
school BFT, 82.3 mt for large school/small medium BFT, and 4.5 mt for 
large medium/giant BFT).
    The 2018 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year quota, began January 1, 
2018. The Angling category season opened January 1, 2018, and continues 
through December 31, 2018. The size classes of BFT are summarized in 
Table 1. Please note that large school and small medium BFT 
traditionally have been managed as one size class, as described below, 
i.e., a limit of one large school/small medium BFT (measuring 47 to 
less than 73 inches). Currently, the default Angling category daily 
retention limit of one school, large school, or small medium BFT 
applies (Sec.  635.23(b)(2)). This retention limit applies to HMS 
Angling and to HMS Charter/Headboat category permitted vessels (when 
fishing recreationally for BFT).

                        Table 1--BFT Size Classes
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               Size class                       Curved fork length
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School.................................  27 to less than 47 inches (68.5
                                          to less than 119 cm).
Large school...........................  47 to less than 59 inches (119
                                          to less than 150 cm).
Small medium...........................  59 to less than 73 inches (150
                                          to less than 185 cm).
Large medium...........................  73 to less than 81 inches (185
                                          to less than 206 cm).

[[Page 18231]]

 
Giant..................................  81 inches or greater (206 cm or
                                          greater).
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    Table 2 summarizes the recreational quota, subquotas, landings, and 
retention limit information for 2016 and 2017, by size class.

                          Table 2--Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2016-2017
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                                                                               2016                                            2017
                                                         -----------------------------------------------------------------------------------------------
                                                                                             Amount of                                       Amount of
                       Size class                          Subquotas and                   subquotas and   Subquotas and                   subquotas and
                                                            total quota    Landings (mt)    total quota     total quota    Landings (mt)    total quota
                                                               (mt)                       used (percent)       (mt)                       used (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
School..................................................           108.4            40.3              37           108.4            47.1              43
Large School/Small Medium...............................            82.3            96.8             118            82.3            84.5             103
Trophy: Large Medium/Giant..............................             4.5             5.9             131             4.5            10.2             227
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           195.2             143              73           195.2           141.8              73
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Daily Retention Limits (per Vessel).....................  January 1 through April 22: 1 school, large
                                                          school, or small medium (default).
                                                          January 1 through April 29: 1 school, large
                                                          school, or small medium (default).
                                                          April 23 through December 31 (81 FR 23438,
                                                          April 21, 2016):
                                                          April 30 through December 31 (82 FR 19615,
                                                          April 28, 2017):
                                                          Private boats: 1 school and 1 large school/
                                                          small medium.
                                                          Private boats: 2 school and 1 large school/
                                                          small medium.
                                                          Charter/Headboats: 2 school and 1 large school/
                                                          small medium.
                                                          Charter/Headboats: 3 school and 1 large school/
                                                          small medium.
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    Although the 2017 ICCAT recommendation regarding western BFT 
management would result in an increase to the baseline U.S. BFT quota 
(i.e., from 1,058.79 mt to 1,247.86 mt) and subquotas for 2018 
(including an expected increase in Angling category quota from 195.2 mt 
to 232.4 mt, consistent with the annual BFT quota calculation process 
established in Sec.  635.27(a)), domestic implementation of that 
recommendation will take place in a separate rulemaking, likely to be 
finalized in mid-2018.

Adjustment of Angling Category Daily Retention Limit

    Under Sec.  635.23(b)(3), NMFS may increase or decrease the Angling 
category retention limit for any size class of BFT after considering 
regulatory determination criteria provided under Sec.  635.27(a)(8). 
Recreational retention limits may be adjusted separately for specific 
vessel type, such as private vessels, headboats, or charter vessels.
    NMFS has considered all of the relevant determination criteria and 
their applicability to the change in the Angling category retention 
limit. The criteria and their application are discussed below.
    NMFS considered 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 recreational fishermen continue to provide 
NMFS with valuable parts and 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.
    NMFS considered the catches of the Angling category quota to date 
and the likelihood of closure of that segment of the fishery if no 
adjustment is made (Sec.  635.27(a)(8)(ii)). NMFS anticipates that the 
full 2018 Angling category quota would not be harvested under the 
default retention limit. As shown in Table 2, Angling category landings 
were approximately 73 percent of the 184.3-mt annual Angling category 
quota in both 2016 and 2017, respectively including landings of 37 and 
43 percent, respectively, of the available school BFT quota.
    NMFS also considered the effects of the adjustment on bluefin tuna 
rebuilding and overfishing and the effects of the adjustment on 
accomplishing the objectives of the FMP (Sec.  635.27(a)(8)(v) and 
(vi)). These retention limits would be consistent with the quotas 
established and analyzed in the bluefin tuna 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 
latest stock assessment.
    Another principal consideration in setting the retention limit is 
the objective of providing opportunities to harvest the full Angling 
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)).
    The 2017 school bluefin tuna landings represent 4 percent of the 
total U.S. quota for 2017, well under the ICCAT recommended 10-percent 
limit. Landings of school bluefin tuna in 2015 represented 3.7 percent 
of the total U.S. quota for 2016. Given that the Angling category 
landings fell short of the

[[Page 18232]]

available quota, that additional quota is anticipated to be available 
this year as a result of the 2017 ICCAT recommendation, and considering 
the regulatory criteria above, NMFS has determined that the Angling 
category retention limit applicable to participants on HMS Angling and 
HMS Charter/Headboat category permitted vessels should be adjusted 
upwards from the default level. NMFS has also concluded that 
implementation of separate limits for private and charter/headboat 
vessels remains appropriate, recognizing the different nature, socio-
economic needs, and recent landings results of the two components of 
the recreational BFT fishery. For example, charter operators 
historically have indicated that a multi-fish retention limit is vital 
to their ability to attract customers. In addition, Large Pelagics 
Survey estimates indicate that charter/headboat BFT landings averaged 
32 percent of recent recreational landings for 2016 through 2017, with 
the remaining 68 percent landed by private vessels.
    Therefore, for private vessels with HMS Angling category permits, 
this action adjusts the limit upwards to two school BFT and one large 
school/small medium BFT per vessel per day/trip (i.e., two BFT 
measuring 27 to less than 47 inches, and one BFT measuring 47 to less 
than 73 inches). For vessels with HMS Charter/Headboat permits, this 
action adjusts the limit upwards to three school BFT and one large 
school/small medium BFT per vessel per day/trip when fishing 
recreationally for BFT (i.e., three BFT measuring 27 to less than 47 
inches, and one BFT measuring 47 to less than 73 inches). These 
retention limits are effective in all areas, except for the Gulf of 
Mexico, where NMFS prohibits targeted fishing for BFT. Regardless of 
the duration of a fishing trip, the daily retention limit applies upon 
landing. For example, whether a private vessel (fishing under the 
Angling category retention limit) takes a two-day trip or makes two 
trips in one day, the day/trip limit of two school BFT and one large 
school/small medium BFT applies and may not be exceeded upon landing.
    NMFS anticipates that the BFT daily retention limits in this action 
will result in landings during 2018 that would not exceed the available 
subquotas. Lower retention limits could result in substantial 
underharvest of the codified Angling category subquota, and increasing 
the daily limits further may risk exceeding the available quota, 
contrary to the objectives of the 2006 Consolidated HMS FMP and 
amendments. NMFS considered input on 2018 recreational limits from the 
HMS Advisory Panel at its March 2018 meeting. NMFS is not setting 
higher school BFT limit for private and charter vessels than the 
adjustments listed in Table 1 due to the potential risk of exceeding 
the ICCAT tolerance limit on school BFT and other considerations, such 
as potential effort shifts to BFT fishing as a result of current 
recreational retention limits for New England groundfish and striped 
bass.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fisheries closely through the 
mandatory landings and catch reports. HMS Charter/Headboat 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, using the HMS Catch 
Reporting App, or calling (888) 872-8862 (Monday through Friday from 8 
a.m. until 4:30 p.m.). Depending on the level of fishing effort and 
catch rates of BFT, NMFS may determine that additional retention limit 
adjustments or closures are 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.
    HMS Angling and HMS Charter/Headboat category permit holders may 
catch and release (or tag and release) BFT of all sizes, subject to the 
requirements of the catch-and-release and tag-and-release programs at 
Sec.  635.26. Anglers are also reminded that all BFT that are released 
must be handled in a manner that will maximize survival, and without 
removing the fish from the water, consistent with requirements at Sec.  
635.21(a)(1). For additional information on safe handling, see the 
``Careful Catch and Release'' brochure available at https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure.

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 and 
amendments provide for inseason retention limit 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 daily retention limit for the remainder of 
2018 at this time is impracticable. Based on available BFT quotas, 
fishery performance in recent years, and the availability of BFT on the 
fishing grounds, immediate adjustment to the Angling category BFT daily 
retention limit from the default levels is warranted to allow fishermen 
to take advantage of the availability of fish and of quota. NMFS could 
not have proposed these actions earlier, as it needed to consider and 
respond to updated data and information from the 2017 Angling category 
fishery as well as input from the HMS Advisory Panel. If NMFS was to 
offer a public comment period now, after having appropriately 
considered that data, it would preclude fishermen from harvesting BFT 
that are legally available consistent with all of the regulatory 
criteria, and/or could result in selection of a retention limit 
inappropriately high or low for the amount of quota available for the 
period.
    Fisheries under the Angling category daily retention limit are 
currently underway and thus prior notice would be contrary to the 
public interest. Delays in increasing daily recreational BFT retention 
limit would adversely affect those HMS Angling and Charter/Headboat 
category vessels that would otherwise have an opportunity to harvest 
more than the default retention limit of one school, large school, or 
small medium BFT per day/trip and may exacerbate the problem of 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. 
NMFS provides notification of retention limit 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. 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 also is good cause under 5 U.S.C. 553(d) to 
waive the 30-day delay in effectiveness.

[[Page 18233]]

    This action is being taken under Sec.  635.23(b)(3), and is exempt 
from review under Executive Order 12866.

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

    Dated: April 23, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries. National Marine 
Fisheries Service.
[FR Doc. 2018-08783 Filed 4-23-18; 4:15 pm]
 BILLING CODE 3510-22-P