[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Rules and Regulations]
[Pages 22734-22737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10455]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-HMS-A001
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, 2019. 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)
[[Page 22735]]
Charter/Headboat category permitted vessels with a commercial sale
endorsement when fishing commercially for BFT.
DATES: Effective June 1, 2019, through August 31, 2019.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260 or
Larry Redd, 301-427-8503.
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 Amendment 7 to the 2006 Consolidated
Atlantic Highly Migratory Species Fishery Management Plan (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 baseline quota for the General category is 555.7 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 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 baseline 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. This action would adjust the daily
retention limit for the second time period in 2019, June through
August.
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 2019. 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 closure of 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
2018 time period limit at three fish initially and reduced it to one
fish effective August 23 through August 31. Due to a combination of
fish availability and extremely favorable fishing conditions, NMFS
needed to close the General category fishery in the September subquota
time period and the October through November time period (including two
subsequent reopenings and closures of the October through November time
period) 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 2019 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 the BFT stock
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
2018 BFT quota final rule, which implemented the ICCAT quota consistent
with ATCA, 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 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 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 2018 show that, under the
three-fish limit that applied June 1 through August 22, the proportion
of trips that landed one, two, or three bluefin tuna was as follows: 84
percent landed one; 12 percent landed two; and 4 percent landed three.
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
[[Page 22736]]
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. Although this may
sometimes be true, 2018 landings data did not indicate that the fall
fishery could have been extended substantially through implementation
of a lower limit starting June 1. Requests tend to 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 2018 adjusted U.S.
BFT quota will be carried forward to 2019 to the Reserve category, in
accordance with the regulations, this summer when complete BFT catch
information for 2018 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 2019 for
December fishery participants, despite the transfer of 19.5 mt from the
28.9-mt General category December 2019 subquota period to the January
2019 period (83 FR 67140, December 28, 2018); 26 mt from the Reserve
category effective February 8, 2019 (84 FR 3724, February 13, 2019);
and 25 mt from the Reserve category effective February 25, 2019 (84 FR
6701, February 28, 2019).
General category landings were relatively high in the summer and
fall of 2018, due to a combination of fish availability, favorable
fishing conditions, and higher daily retention limits. NMFS transferred
60 mt from the Reserve category (83 FR 447843, September 21, 2018),
transferred 40 mt from the Harpoon category and 15 mt from the Reserve
category (83 FR 50857, October 10, 2018), and later transferred 9.9 mt
from the Harpoon category and 129.2 mt from the Reserve category (83 FR
62512, December 4, 2018). Although NMFS needed to close the September
and the October-November fisheries to prevent further overharvest of
the adjusted 2018 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 2019, 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 to seven 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 2019 General
category limits from the HMS Advisory Panel at its September 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 2019 subquota period. This limit would provide a reasonable
opportunity to harvest the full U.S. BFT quota (including the expected
increase in available 2019 quota based on 2018 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, 2019, through August 31, 2019.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the June
through August 2019 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 three 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. Late reporting by dealers compromises NMFS' ability to
timely implement actions such as quota and retention limit adjustments,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
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, by 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
[[Page 22737]]
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 2019 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 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, 2019, 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 15, 2019.
Kelly L. Denit,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-10455 Filed 5-15-19; 4:15 pm]
BILLING CODE 3510-22-P