[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Rules and Regulations]
[Pages 38143-38145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16733]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-XT010
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 quota transfer.
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SUMMARY: NMFS is transferring 15 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the Harpoon category.
With this transfer, the adjusted Harpoon category quota for the 2019
fishing season is 91 mt. The 2019 Harpoon category fishery is open
until November 15, 2019, or until the Harpoon category quota is
reached, whichever comes first. The action is based on consideration of
the regulatory determination criteria regarding inseason adjustments,
and applies to Atlantic tunas Harpoon category (commercial) permitted
vessels.
DATES: Effective August 1, 2019, through November 15, 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) and as implemented by the United States 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.
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The current baseline quotas for the Harpoon and Reserve categories
are 46 mt and 29.5 mt, respectively. See Sec. 635.27(a). To date for
2019, NMFS has published three actions that have adjusted the available
2019 Reserve category quota to 113 mt, including a recent action that
adjusted the Harpoon category quota to 76 mt (84 FR 3724, February 13,
2019; 84 FR 6701, February 28, 2019; and 84 FR 35340, July 23, 2019).
The 2019 Harpoon category fishery opened June 1 and is open through
November 15, 2019, or until the Harpoon category quota is reached,
whichever comes first.
Quota Transfer
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering regulatory
determination criteria provided under Sec. 635.27(a)(8). NMFS has
considered the relevant determination criteria and their applicability
to the Harpoon category fishery. 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 Harpoon category fishermen and provided by
BFT dealers continue to provide valuable data for ongoing scientific
studies of BFT age and growth, migration, and reproductive status.
Additional opportunity to land BFT in the Harpoon category would
support the continued collection of a broad range of data for these
studies and for stock monitoring purposes.
NMFS also considered the catches of the Harpoon 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) and (ix)). As of July 30,
2019, the Harpoon category has landed 71.1 mt. Commercial-size BFT are
currently readily available to vessels fishing under the Harpoon
category quota. Without a quota transfer at this time, Harpoon category
participants would have to stop BFT fishing activities with very short
notice, while commercial-sized BFT remain available in the areas
Harpoon category permitted vessels operate. Transferring 15 mt of BFT
quota from the Reserve category would result in a total of 91 mt being
available for the Harpoon category for the 2019 Harpoon category
fishing season.
Regarding the projected ability of the vessels fishing under the
particular category quota (here, the Harpoon category) to harvest the
additional amount of BFT before the end of the fishing year (Sec.
635.27(a)(8)(iii)), NMFS considered Harpoon category landings over the
last several years. Landings are highly variable and depend on access
to commercial-sized BFT and fishing conditions, among other factors.
NMFS anticipates that the Harpoon category could harvest the
transferred 15 mt prior to the end of the Harpoon category season,
subject to weather conditions and BFT availability. NMFS may transfer
unused Harpoon category quota to other quota categories, as
appropriate. NMFS also anticipates that some underharvest of the 2018
adjusted U.S. BFT quota will be carried forward to 2019 and placed in
the Reserve category, in accordance with the regulations. Thus, this
quota transfer would allow fishermen to take advantage of the
availability of fish on the fishing grounds, consider the expected
increases in available 2019 quota, and provide a reasonable opportunity
to harvest the full U.S. BFT quota.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the fishery might be exceeded (Sec.
635.27(a)(8)(iv)) and the ability to account for all 2019 landings and
dead discards. In the last several years, total U.S. BFT landings have
been below the available U.S. quota such that the United States has
carried forward the maximum amount of underharvest allowed by ICCAT
from one year to the next. NMFS will need to account for 2019 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and anticipates having sufficient quota to do that.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the transfer on accomplishing the objectives of the
FMP (Sec. 635.27(a)(8)(v) and (vi)). This transfer would be consistent
with the current quotas, which were established and analyzed in the
2018 BFT quota final rule (83 FR 51391, October 11, 2018), 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. Another principal
consideration 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 the considerations above, NMFS is transferring 15 mt of
the available 113 mt of Reserve category quota to the Harpoon category.
Therefore, NMFS adjusts the Harpoon category quota to 91 mt for the
2019 Harpoon category fishing season (i.e., through November 15, 2019,
or until the Harpoon category quota is reached, whichever comes first),
and adjusts the Reserve category quota to 98 mt.
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 adjustments and closures, and
may result in enforcement actions. Additionally, and separate from the
dealer reporting requirement, Harpoon 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 action (i.e., quota and/or daily
retention limit adjustment, or closure) is 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. Affording prior notice and opportunity for public
comment to implement the quota transfer for the remainder of 2019
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is also contrary to the public interest as such a delay would likely
result in closure of the Harpoon fishery when the baseline quota is met
and the need to re-open the fishery, with attendant administrative
costs and costs to the fishery. The delay would preclude the fishery
from harvesting BFT that are available on the fishing grounds and that
might otherwise become unavailable during a delay. 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.
This action is being taken under Sec. 635.27(a)(9), and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: July 31, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-16733 Filed 8-1-19; 4:15 pm]
BILLING CODE 3510-22-P