[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42607-42609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18196]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XG366


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 three large medium or giant BFT per 
vessel per day/trip to one large medium or giant BFT per vessel per 
day/trip for the remainder of the June through August 2018 subquota 
period. 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 August 23, 2018, through August 31, 2018.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Dianne Stephan, 
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) 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 five 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 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 remainder of the second time 
period in 2018, which ends August 31, 2018.
    Although NMFS has published a proposed rule (83 FR 31517, July 6, 
2018) to increase the baseline U.S. bluefin tuna quota 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)), NMFS does not anticipate that the final rule will be 
effective until September 2018.

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)).
    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). On May 11, 2018, NMFS 
adjusted the daily retention limit for the beginning of the June 
through August 2018 subquota period from the default level of one large 
medium or giant BFT to three large medium or giant BFT (83 FR 21936). 
NMFS has considered the relevant regulatory determination criteria and 
their applicability to the General category BFT retention limit for the 
remainder of the June through August 2018 subquota time period. 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. 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 catches of the General category quota to 
date (including landings and catch rates during 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 August 17, 2018, the General category has 
landed approximately 271.9 mt, which is 58 and 57 percent of the annual 
base and adjusted 2018 General category quotas, respectively. Landings 
since June 1, 2018, are 212.6 mt, representing 91 percent of the 
General category subquota for the June 1 through August 31 period. If 
current catch rates continue with the three-fish daily limit, the 
available subquota for June 1 through August 31 period could be reached 
or exceeded, and NMFS would

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need to close the fishery earlier than otherwise would be necessary 
under a lower limit. NMFS 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. NMFS is setting the limit for the remainder of the 
June through August 2018 subquota period 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)).
    Based on these considerations, NMFS has determined that a one-fish 
General category retention limit is warranted for the remainder of the 
June-August 2018 subquota period. The 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 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 three to one large medium or 
giant BFT per vessel per day/trip, effective August 23, 2018, through 
August 31, 2018.
    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 August 31, 
2018), 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 one 
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 vessels 
permitted in the General category, as well as to HMS Charter/Headboat 
permitted vessels with a commercial sale endorsement when fishing 
commercially for BFT.
    Unless NMFS publishes a subsequent adjustment in the Federal 
Register, the default daily retention limit of one large medium or 
giant BFT per vessel per day/trip (Sec.  635.23(a)(2)) will apply for 
the September 2018 General category fishery, which begins September 1, 
2018.

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. In addition, General and HMS Charter/Headboat category 
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, 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 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.
    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 current 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 the remainder of 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 as feasible throughout the 
remaining subquota periods. 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 all 
geographic areas, consistent with objectives of the 2006 Consolidated 
HMS FMP and provide equitable opportunities.
    Prior notice and an opportunity for public comment is also 
impracticable for the retention limit adjustment to one fish for the 
remainder of the June through August 2018 subquota period. 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

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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.  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 20, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18196 Filed 8-20-18; 4:15 pm]
BILLING CODE 3510-22-P