[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Rules and Regulations]
[Pages 33008-33010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14778]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02]
RIN 0648-XT007


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 2019 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 July 11, 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 remainder of the second time period in 2019, 
June through August.

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). NMFS adjusted the daily 
retention limit for the beginning of the June through August 2019 
subquota period from the default level of one large medium or giant BFT 
to three large medium or giant BFT (84 FR 22734, May 20, 2019). 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 2019 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

[[Page 33009]]

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 July 8, 2019, the General category has 
landed approximately 60 mt, representing 21 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 will be reached or 
exceeded, and NMFS would 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 2019 
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 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 established quotas and 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. 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. 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 annual U.S. BFT 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 2019 subquota period. The 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 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 July 11, 2019, through 
August 31, 2019.
    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, 
2019), 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. For information regarding the HMS Charter/
Headboat commercial sale endorsement, see 82 FR 57543, December 6, 
2017.
    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 2019 General category fishery, which begins September 1, 
2019.

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. 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 
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

[[Page 33010]]

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 2019 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 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: July 8, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-14778 Filed 7-8-19; 4:15 pm]
 BILLING CODE 3510-22-P