[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21936-21939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09960]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XG216


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 three large medium or giant BFT for June 1 
through August 31, 2018. 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 with a commercial sale endorsement when fishing 
commercially for BFT.

DATES: Effective June 1, 2018, through August 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 Atlantic 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.
    The current 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). See Sec.  635.27(a). The current baseline 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. 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

[[Page 21937]]

first. The current baseline subquotas for each time period are as 
follows: 24.7 mt (5.3 percent) for January; 233.3 mt (50 percent) for 
June through August; 123.7 mt (26.5 percent) for September; 60.7 mt (13 
percent) for October through November; and 24.3 mt (5.2 percent) 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. This action would adjust the daily retention limit for the 
second time period in 2018, June through August.
    Although the 2017 ICCAT recommendation regarding western Atlantic 
bluefin tuna management would result in an increase to the baseline 
U.S. bluefin tuna quota (i.e., from 1,058.79 mt to 1,247.86 mt) and 
subquotas for 2018 (including an expected increase in General category 
quota from 466.7 mt to 555.7 mt, consistent with the annual bluefin 
tuna 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 General Category Daily Retention Limit

    Unless changed, the General category daily retention limit starting 
on June 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.
    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 these 
criteria and their applicability to the General category BFT retention 
limit for June through August 2018. 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 (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. Additional opportunity to land BFT would support the collection 
of a broad range of data for these studies and for stock monitoring 
purposes.
    NMFS also considered the catches of the General category quota to 
date (including landings and catch rates during the last several years) 
and the likelihood of closures for the General category if no 
adjustment is made (Sec.  635.27(a)(8)(ii)). Commercial-size BFT are 
anticipated to migrate to the fishing grounds off the northeast U.S. 
coast by early June. Based on General category catch rates during the 
June through August time period over the last several years, it is 
unlikely that the June through August subquota will be filled with the 
default daily retention limit of one BFT per vessel. NMFS set the June 
through August 2017 time period limit at four fish initially and 
reduced it to one fish effective August 5 through August 16, when NMFS 
closed the fishery until the start of the September 2017 quota 
subperiod. Due to a combination of fish availability and extremely 
favorable fishing conditions, NMFS needed to close the General category 
fishery in each of the subquota time periods (September, October-
November, and December) to allow for harvest of the subsequent 
subquotas without exceeding the adjusted General category quota while 
simultaneously maintaining equitable distribution of fishing 
opportunities. NMFS is setting the June through August 2018 limit in 
such a way that NMFS believes, informed by past experience, increases 
the likelihood that the fishery will remain open throughout the 
subperiod and year.
    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 
established quotas 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 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)). Adjustment of the retention limit is also 
supported by the Environmental Analysis 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.
    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 2017 show that, under the 
four-fish limit that applied June 1 through August 4, the proportion of 
trips that landed one, two, three, or four bluefin tuna was as follows: 
68 percent landed one; 20 percent landed two; 6 percent landed three; 
and 6 percent landed four. In the last few years, NMFS has received 
conflicting 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. Others have noted that a 
higher General category limit at the start of the June-August period 
would reduce the likelihood of effort shifting into the Harpoon 
category, which has a relatively small quota. NMFS also has received 
general comment that a lower limit increases the likelihood that 
opportunities will extend through the late fall and the end of the 
calendar year, as well as improve market conditions. Requests also will 
vary depending on actual fish behavior, weather, and availability 
(i.e., abundance and proximity to shore) in any given year.
    NMFS anticipates that some underharvest of the 2017 adjusted U.S. 
BFT quota will be carried forward to 2018 to the Reserve category, in 
accordance with the regulations, this summer when complete BFT catch 
information for 2017 is available and finalized. Because such quota 
would be available to be transferred from the Reserve category to the 
General category, and such transfers have occurred in the past, the 
carryover of underharvest would make it more likely that General 
category quota will remain available through the end of 2018 for 
December fishery participants, despite the transfer of 14.3 mt from the 
24.3-mt General category December 2018

[[Page 21938]]

subquota period to the January 2018 period (81 FR 91873, December 19, 
2016). General category landings were relatively high in the summer and 
fall of 2017, due to a combination of fish availability, favorable 
fishing conditions, and higher daily retention limits. NMFS transferred 
156.4 mt from the Reserve category (82 FR 46000, October 3, 2017) and 
later transferred another 25.6 mt from the Harpoon category (82 FR 
55520, November 22, 2017). Although NMFS needed to close the September 
and the October-November fisheries effective September 17 and October 
5, respectively, to prevent further overharvest of the adjusted 2017 
General category subquotas, NMFS anticipates that General category 
participants in all areas and time periods will have opportunities to 
harvest the General category quota in 2018, through more proactive 
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), as practicable. 
NMFS will closely monitor General category catch rates associated with 
the various authorized gear types (e.g., harpoon, rod and reel) during 
the June through August period and actively adjust the daily retention 
limit as appropriate to enhance scientific data collection from, and 
ensure fishing opportunities in all respective time-period subquotas as 
well as ensure available quota is not exceeded.
    A limit lower than three fish at the start of the June through 
August period could result in diminished fishing opportunities for 
those General category vessels using harpoon gear based on past fish 
behavior early in the season. Lower limits may also result in effort 
shifts from the General category to the Harpoon category, which could 
result in premature closure of the Harpoon category, and potentially 
additional inseason adjustments. General category harpoon gear 
participants land approximately five percent of the General category 
landings each year and these landings occur early in the season. A 
three-fish retention limit for an appropriate period of time will 
provide a greater opportunity to harvest the June through August 
subquota with harpoon gear without exceeding it while also maintaining 
equitable distribution of fishing opportunities for harpoon and rod and 
reel participants. NMFS also considered general input on 2018 General 
category limits from the HMS Advisory Panel at its March 2018 meeting. 
Based on these considerations, we have determined that a three-fish 
General category retention limit is warranted for the beginning of the 
June-August 2018 subquota period. These retention limits are effective 
in all areas, except for the Gulf of Mexico, where targeted fishing for 
bluefin tuna is prohibited.
    Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted for the June-August 
2018 subquota period. This limit would provide a reasonable opportunity 
to harvest the full U.S. BFT quota (including the expected increase in 
available 2018 quota based on 2017 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 and amendments. Therefore, NMFS increases the 
General category retention limit from the default limit (one) to three 
large medium or giant BFT per vessel per day/trip, effective June 1, 
2018, through August 31, 2018.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example (and specific to the June 
through August 2018 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 four 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 with a commercial sale 
endorsement when fishing commercially for BFT fishing commercially for 
BFT. For information regarding the HMS Charter/Headboat commercial sale 
endorsement, see 82 FR 57543, December 6, 2017.

Monitoring and Reporting

    NMFS will actively monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
receiving BFT. In addition, General and HMS Charter/Headboat vessel 
owners are required to report their own 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 Android or iPhone app. 
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. 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:
    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. The timing of this rulemaking will allow approximately 
two weeks' prior notice to the regulated community. Affording 
additional prior notice and an opportunity for public comment on the 
change in the daily retention limit from the default level for the June 
through August 2018 subquota period would be impracticable. 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 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 
about fishery conditions and this year's landings. 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 inappropriate to the amount of 
quota available for the period.
    Fisheries under the General category daily retention limit will 
commence on June 1 and thus prior notice would be contrary to the 
public interest. 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

[[Page 21939]]

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. With quota available and fish available on the 
grounds, and with no expected impacts to the stock, it would be 
contrary to the public interest to require vessels to wait to harvest 
the additional 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 June 1, 2018, 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 and amendments. Therefore, the AA finds there is also good cause 
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    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: May 7, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-09960 Filed 5-8-18; 4:15 pm]
 BILLING CODE 3510-22-P