Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 45098-45100 [2015-18584]
Download as PDF
45098
Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 120328229–4949–02]
RIN 0648–XE007
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
NMFS is transferring 34
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the Longline category for the
remainder of the 2015 fishing year. This
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments, and
applies to eligible Atlantic Tunas
Longline category (commercial)
permitted vessels. As a result of this
transfer, current vessel accounts with
IBQ will be distributed 0.25 mt of
Individual Bluefin Quota (IBQ)
allocation each.
DATES: Effective July 28, 2015 through
December 31, 2015.
FOR FURTHER INFORMATION CONTACT: Tom
Warren 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
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006), as amended by Amendment 7 to
the 2006 Consolidated HMS FMP
(Amendment 7) (79 FR 71510, December
2, 2014), and in accordance with
implementing regulations.
The currently codified baseline U.S.
quota is 923.7 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
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:16 Jul 28, 2015
Jkt 235001
Distant Gear Restricted Area). Among
other things, Amendment 7 revised the
allocations to all quota categories,
implemented an IBQ system, and added
additional regulatory determination
criteria for inseason (or annual)
adjustments to BFT quota (see
§ 635.27(a)(8), effective January 1, 2015).
The 2015 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual quota, began
January 1, 2015. The Longline category
was provided 137.3 mt of BFT quota,
which was distributed among vessel
accounts, (i.e. those which met the
initial eligibility criteria implemented
by Amendment 7). The Longline
category season continues through
December 31, 2015. On February 10,
2015, NMFS reallocated quota from the
Purse Seine category to the Reserve
category based on the amount of 2014
catch of BFT by Purse Seine vessels (80
FR 7547; February 11, 2015). Currently,
the Reserve category quota is 108.8 mt.
Under § 635.15(b)(5)(ii), as
implemented through Amendment 7,
additional IBQ may be allocated to
vessels with BFT quota share after the
initial annual allocations if the U.S.
baseline quota increases as a result of an
ICCAT recommendation or as a result of
a transfer of quota from the Reserve
category to the Longline category,
pursuant to criteria for quota
adjustments. NMFS has considered
those criteria in relation to the 2015 and
2016 Longline category fishery and have
determined that a quota transfer is
warranted, as explained below.
Consistent with the criteria for quota
adjustments, this action is intended to
increase the amount of quota available
to pelagic longline permitted vessels
with IBQ, and therefore help vessel
owners account for BFT landings and
dead discards while fostering conditions
in which permit holders become more
willing to lease IBQ. The revised
Longline category quota would support
the broader objectives of Amendment 7,
which include reducing BFT
interactions and dead discards while
maintaining an economically viable
swordfish and yellowfin directed
fishery.
Under Amendment 7, a vessel must
have IBQ to account for its BFT landings
and dead discards. If a vessel has
insufficient IBQ to account for such
landings and dead discards, it goes into
‘‘quota debt.’’ Starting in 2016, a
permitted vessel will not be allowed to
fish in the Longline category if it has
outstanding quota debt. In 2015 only,
however, the vessel may continue to
fish but will accrue quota debt that must
be accounted for at the end of the year.
If by the end of 2015, a permitted vessel
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
does not have adequate IBQ allocation
to settle its debt, the allocation will be
reduced in the subsequent year or years
until the quota debt is fully resolved.
Approximately one-fifth of active
pelagic longline vessels currently have
outstanding quota debt, and quota
leasing among fishery participants has
been limited. NMFS suspects the reason
for the limited quota leasing is because
the leasing program is so new, and
shareholders may be unwilling to lease
quota to other shareholders because
they do not know if they will have
sufficient quota to account for any BFT
they may catch. Thus, leasing may be
perceived as relatively risky from a
business perspective.
As of July 8, 2015, ten vessels are in
quota debt, ranging from 108 lb (0.05
mt) to 2,912 lb (1.3 mt), with an average
of 1,405 lb (0.64 mt) debt (and a total of
14,045 lb (6.4 mt)). Based on
preliminary information, the ten vessels
represent 22 percent of the active
vessels (monthly average of 45 active
vessels in 2015 to date). As of July 8,
2015, there were a total of 18 allocation
leases (16 involving Longline category
participants and two between Purse
Seine category participants), however
only four of those leases involved
participants with quota debt. Some
vessel owners have stated that they have
been unable to lease quota from other
IBQ shareholders, because of lack of
willingness of those owners, and these
small businesses face uncertainty in
their operations because they do not
know if they will have sufficient quota
to account for BFT they may catch.
Because the leasing program is so new,
IBQ shareholders may be reluctant to
lease quota to other vessels because they
do not know if they will have sufficient
quota to account for any bluefin tuna
they may catch.
Any adjustments to quotas must be
based on consideration of the relevant
criteria provided under § 635.27(a)(8),
which include: The usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock; the catches of the particular
category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made; the
projected ability of the vessels fishing
under the particular category quota to
harvest the additional amount of BFT
before the end of the fishing year; the
estimated amounts by which quotas for
other gear categories of the fishery might
be exceeded; effects of the adjustment
on BFT rebuilding and overfishing;
effects of the adjustment on
accomplishing the objectives of the
fishery management plan; variations in
E:\FR\FM\29JYR1.SGM
29JYR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations
seasonal distribution, abundance, or
migration patterns of BFT; effects of
catch rates in one area precluding
vessels in another area from having a
reasonable opportunity to harvest a
portion of the category’s quota; review
of dealer reports, daily landing trends,
and the availability of the BFT on the
fishing grounds; optimizing fishing
opportunity; accounting for dead
discards, facilitating quota monitoring,
supporting other fishing monitoring
programs through quota allocations and/
or generation of revenue; and support of
research through quota allocations and/
or generation of revenue.
Regarding the determination criteria
about accounting for dead discards and
variations in seasonal distribution or
abundance, a quota transfer from the
Reserve category to the Longline
category would contribute toward full
accounting of BFT catch by vessels that
have quota debt (i.e., reduce quota debt),
enhance the likelihood that
shareholders will make the decision to
lease IBQ to others, and reduce the
uncertainty in the fishery as a whole.
With respect to the effects of the
adjustment on rebuilding and
overfishing and accomplishing the
objectives of the fishery management
plan, the fishery is a quota-managed
fishery, a measure which supports
objectives related to rebuilding and
overfishing. The transfer of 34 mt of
BFT quota from the Reserve category to
the Longline category will result in an
adjusted Longline quota of 171.3 mt,
which remains within the ICCAT quota
and is less than the historical average of
landings and dead discards in the
fishery (239 mt). The revised Longline
category quota would support the
broader objectives of Amendment 7,
which include reducing BFT
interactions and dead discards while
maintaining an economically viable
swordfish and yellowfin tuna directed
fishery. As a result of this quota transfer,
0.25 mt (551 lb) of IBQ will be
distributed to each of the 136 permit
holders with IBQ shares, provided the
permit is associated with a vessel. For
those permits that qualified for IBQ
shares and are not associated with a
vessel at the time of the quota transfer,
the IBQ will not be usable by the permit
holder (i.e., may not be leased or used
to account for BFT) unless and until the
eligible permit is associated with a
vessel. Eligible permits will be allocated
either Gulf of Mexico (GOM) IBQ,
Atlantic (ATL) IBQ, or both GOM and
ATL IBQ, according to the eligible
permit initial share’s regional
designations (and totaling 0.25 mt).
Regarding the determination criteria
‘‘optimizing fishing opportunity,’’ the
VerDate Sep<11>2014
16:16 Jul 28, 2015
Jkt 235001
ability of pelagic longline vessel owners
to account for BFT with allocated quota
or lease IBQ at an affordable price is key
to the success of the IBQ program. An
inseason transfer of quota to the
Longline category would facilitate
accomplishing the objectives of the 2006
Consolidated HMS FMP by optimizing
fishing opportunity, contributing to full
accounting for landings and dead
discards, and reducing uncertainty in
the fishery as a whole. Where fishing
opportunity for target species is
constrained by BFT quota debt or a low
IBQ balance, the additional quota will
help reduce this effect. It will also
reduce vessel owner uncertainty about
whether a vessel owner will have
sufficient quota to account for BFT they
may catch in the future. Without this
inseason quota transfer, it is more likely
that permit holders will have difficulty
leasing quota to account for BFT catch
or reduce quota debt, permit holders
may have a reduced ability to make
business plans for the future, and a
higher number of permitted vessels may
be prohibited from fishing during 2016
as a result of quota debt accrued during
2015.
This action is consistent with the
rebuilding goals of the 2006
Consolidated HMS FMP because NMFS
does not anticipate that the overall U.S.
BFT quota will be exceeded. Based on
the considerations above, NMFS is
transferring 34 mt of Reserve category
quota to the Longline category. As a
result of this quota transfer, the Reserve
category quota will be reduced from
108.8 mt to 74.8 mt, and the Longline
category quota will be increased from
137.3 to 171.3 mt. This inseason quota
transfer does not preclude future
inseason quota transfers to any of the
quota categories. This action is
supported by the Amendment 7 Final
Environmental Impact Statement and
final rule, which analyzed and
anticipated such an action.
NMFS will continue to monitor the
BFT fisheries, including the pelagic
longline fishery, closely through the
mandatory landings and catch reports.
Dealers are required to submit landing
reports within 24 hours of a dealer
receiving BFT. Pelagic longline vessels
are required to report BFT catch through
Vessel Monitoring System, as well as
through the online IBQ system.
Longline category permit holders are
reminded that all BFT discarded dead
must be reported through the Vessel
Monitoring System, and accounted for
in the on-line IBQ system, consistent
with requirements at § 635.15(a).
Subsequent inseason actions, if any,
will be published in the Federal
Register. In addition, fishermen may
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
45099
call the Atlantic Tunas Information Line
at (888) 872–8862 or (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, as
amended, provide for inseason
adjustments to quota and other aspects
of BFT fishery management, to respond
to the diverse range of factors which
may affect BFT fisheries, including
ecological (e.g, rebuilding, or the
migratory nature of HMS) and
commercial (e.g., optimizing fishing
opportunity, or reducing bycatch).
Specifically, Amendment 7 stated that
NMFS may need to consider providing
additional quota to the Longline
category as a whole in order to increase
the amount of quota available to eligible
permitted vessels via the IBQ program,
and balance the need to have an
operational directed pelagic longline
fishery with the need to reduce BFT
bycatch.
Based on available BFT quota in the
Reserve category, the amount of quota
debt in the pelagic longline fishery, and
the catch of BFT by pelagic longline
vessels during 2015 to date, among
other considerations, adjustment to the
Reserve and Longline category BFT
quotas is warranted. Analysis of
available data shows that adjustment to
the Longline category quota from the
initial level would result in minimal
risks of exceeding the ICCAT-allocated
quota. The regulations implementing
the 2006 Consolidated HMS FMP, as
amended, provide the flexibility to
provide additional quota to the Longline
category in order to optimize fishing
opportunity, account for dead discards,
and accomplish the objectives of the
fishery management plan. NMFS
provides notification of quota
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.
Delays in adjusting the Reserve and
Longline category quotas would
adversely affect those Longline category
vessels that would otherwise have an
opportunity to reduce or resolve quota
debt, lease quota to other vessels, as
E:\FR\FM\29JYR1.SGM
29JYR1
45100
Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations
well as delay potential beneficial effects
on the ability for vessel operators to
make business plans for their future.
Due to the migratory nature of the target
species, delaying inseason action may
preclude fishing opportunities for some
vessel operators. NMFS is trying to
balance providing opportunity to the
pelagic longline fishery, with the
reduction of BFT bycatch, and delaying
this action would be contrary to the
public interest. 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 all of the above
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
§§ 635.15(b)(5)(ii), 635.15(f),
635.27(a)(8) and (9), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: July 24, 2015.
Emily H. Menashes
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–18584 Filed 7–28–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150105004–5355–01]
RIN 0648–XE073
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trimester Total Allowable
Catch Area Closure for the Common
Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; area closure.
AGENCY:
This action closes the
Southern New England/Mid-Atlantic
yellowtail flounder Trimester Total
Allowable Catch Area to Northeast
multispecies common pool trawl and
gillnet vessels for the remainder of
Trimester 1, through August 31, 2015.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:16 Jul 28, 2015
Jkt 235001
The closure is required by regulation
because the common pool fishery has
caught over 90 percent of its Trimester
1 quota for Southern New England/MidAtlantic yellowtail flounder. This
closure is intended to prevent the
overharvest of the common pool’s
allocation for this stock.
DATES: This action is effective July 29,
2015, through August 31, 2015.
FOR FURTHER INFORMATION CONTACT: Liz
Sullivan, Fishery Management
Specialist, (978) 282–8493.
SUPPLEMENTARY INFORMATION: Federal
regulations at § 648.82(n)(2)(ii) require
the Regional Administrator to close a
common pool Trimester Total
Allowable Catch (TAC) Area for a stock
when 90 percent of the Trimester TAC
is projected to be caught. The closure
applies to all common pool vessels
fishing with gear capable of catching
that stock for the remainder of the
trimester.
We have determined that 95 percent
of the Trimester 1 TAC was caught as of
July 21, 2015. The fishing year 2015
common pool sub-annual catch limit
(sub-ACL) for Southern New England/
Mid-Atlantic (SNE/MA) yellowtail
flounder is 114.5 mt and the Trimester
1 TAC is 24 mt.
Effective July 29, 2015, the SNE/MA
yellowtail flounder Trimester TAC Area
is closed for the remainder of Trimester
1, through August 31, 2015, to all
common pool vessels fishing with trawl
and gillnet gear. The SNE/MA
yellowtail flounder Trimester TAC Area
consists of statistical areas 537, 538,
539, and 613. The area reopens at the
beginning of Trimester 2 on September
1, 2015.
If a vessel declared its trip through the
VMS or the interactive voice response
system, and crossed the VMS
demarcation line prior to July 29, 2015,
it may complete its trip within the
Trimester TAC Area.
Any overage of a Trimester TAC is
deducted from the Trimester 3 TAC, and
any overage of the common pool’s subACL at the end of the fishing year is
deducted from the common pool’s subACL for fishing year 2016. Any
uncaught portion of the Trimester 1 and
Trimester 2 TACs is carried over into
the next trimester. However, any
uncaught portion of the common pool’s
sub-ACL may not be carried over into
the following fishing year.
PO 00000
Frm 00050
Fmt 4700
Sfmt 9990
Weekly quota monitoring reports for
the common pool fishery are on our
Web site at: https://
www.greateratlantic.fisheries.noaa.gov/
ro/fso/MultiMonReports.htm. We will
continue to monitor common pool catch
through vessel trip reports, dealerreported landings, VMS catch reports,
and other available information and, if
necessary, we will make additional
adjustments to common pool
management measures.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3) to waive prior notice
and the opportunity for public comment
and the 30-day delayed effectiveness
period because it would be
impracticable and contrary to the public
interest.
The regulations require the Regional
Administrator to close a trimester TAC
area to the common pool fishery when
90 percent of the Trimester TAC for a
stock has been caught. Updated catch
information only recently became
available indicating that the common
pool fishery has caught over 90 percent
of its Trimester 1 TAC for SNE/MA
yellowtail flounder as of July 21, 2015.
The time necessary to provide for prior
notice and comment, and a 30-day delay
in effectiveness, prevents the immediate
closure of the SNE/MA yellowtail
flounder Trimester 1 TAC Area. This
increases the likelihood that the
common pool fishery exceeds its quota
of SNE/MA yellowtail flounder to the
detriment of this stock, which could
undermine management objectives of
the Northeast Multispecies Fishery
Management Plan (FMP). Additionally,
an overage of the common pool quota
could cause negative economic impacts
to the common pool fishery as a result
of overage paybacks in a future trimester
or fishing year.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–18586 Filed 7–28–15; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\29JYR1.SGM
29JYR1
Agencies
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Pages 45098-45100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18584]
[[Page 45098]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120328229-4949-02]
RIN 0648-XE007
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.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 34 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the Longline category for
the remainder of the 2015 fishing year. This action is based on
consideration of the regulatory determination criteria regarding
inseason adjustments, and applies to eligible Atlantic Tunas Longline
category (commercial) permitted vessels. As a result of this transfer,
current vessel accounts with IBQ will be distributed 0.25 mt of
Individual Bluefin Quota (IBQ) allocation each.
DATES: Effective July 28, 2015 through December 31, 2015.
FOR FURTHER INFORMATION CONTACT: Tom Warren 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 Highly Migratory
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006), as amended by Amendment 7 to the 2006
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and
in accordance with implementing regulations.
The currently codified baseline U.S. quota is 923.7 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). Among other things, Amendment 7 revised the
allocations to all quota categories, implemented an IBQ system, and
added additional regulatory determination criteria for inseason (or
annual) adjustments to BFT quota (see Sec. 635.27(a)(8), effective
January 1, 2015).
The 2015 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual quota, began January 1, 2015. The
Longline category was provided 137.3 mt of BFT quota, which was
distributed among vessel accounts, (i.e. those which met the initial
eligibility criteria implemented by Amendment 7). The Longline category
season continues through December 31, 2015. On February 10, 2015, NMFS
reallocated quota from the Purse Seine category to the Reserve category
based on the amount of 2014 catch of BFT by Purse Seine vessels (80 FR
7547; February 11, 2015). Currently, the Reserve category quota is
108.8 mt.
Under Sec. 635.15(b)(5)(ii), as implemented through Amendment 7,
additional IBQ may be allocated to vessels with BFT quota share after
the initial annual allocations if the U.S. baseline quota increases as
a result of an ICCAT recommendation or as a result of a transfer of
quota from the Reserve category to the Longline category, pursuant to
criteria for quota adjustments. NMFS has considered those criteria in
relation to the 2015 and 2016 Longline category fishery and have
determined that a quota transfer is warranted, as explained below.
Consistent with the criteria for quota adjustments, this action is
intended to increase the amount of quota available to pelagic longline
permitted vessels with IBQ, and therefore help vessel owners account
for BFT landings and dead discards while fostering conditions in which
permit holders become more willing to lease IBQ. The revised Longline
category quota would support the broader objectives of Amendment 7,
which include reducing BFT interactions and dead discards while
maintaining an economically viable swordfish and yellowfin directed
fishery.
Under Amendment 7, a vessel must have IBQ to account for its BFT
landings and dead discards. If a vessel has insufficient IBQ to account
for such landings and dead discards, it goes into ``quota debt.''
Starting in 2016, a permitted vessel will not be allowed to fish in the
Longline category if it has outstanding quota debt. In 2015 only,
however, the vessel may continue to fish but will accrue quota debt
that must be accounted for at the end of the year. If by the end of
2015, a permitted vessel does not have adequate IBQ allocation to
settle its debt, the allocation will be reduced in the subsequent year
or years until the quota debt is fully resolved.
Approximately one-fifth of active pelagic longline vessels
currently have outstanding quota debt, and quota leasing among fishery
participants has been limited. NMFS suspects the reason for the limited
quota leasing is because the leasing program is so new, and
shareholders may be unwilling to lease quota to other shareholders
because they do not know if they will have sufficient quota to account
for any BFT they may catch. Thus, leasing may be perceived as
relatively risky from a business perspective.
As of July 8, 2015, ten vessels are in quota debt, ranging from 108
lb (0.05 mt) to 2,912 lb (1.3 mt), with an average of 1,405 lb (0.64
mt) debt (and a total of 14,045 lb (6.4 mt)). Based on preliminary
information, the ten vessels represent 22 percent of the active vessels
(monthly average of 45 active vessels in 2015 to date). As of July 8,
2015, there were a total of 18 allocation leases (16 involving Longline
category participants and two between Purse Seine category
participants), however only four of those leases involved participants
with quota debt. Some vessel owners have stated that they have been
unable to lease quota from other IBQ shareholders, because of lack of
willingness of those owners, and these small businesses face
uncertainty in their operations because they do not know if they will
have sufficient quota to account for BFT they may catch. Because the
leasing program is so new, IBQ shareholders may be reluctant to lease
quota to other vessels because they do not know if they will have
sufficient quota to account for any bluefin tuna they may catch.
Any adjustments to quotas must be based on consideration of the
relevant criteria provided under Sec. 635.27(a)(8), which include: The
usefulness of information obtained from catches in the particular
category for biological sampling and monitoring of the status of the
stock; the catches of the particular category quota to date and the
likelihood of closure of that segment of the fishery if no adjustment
is made; the projected ability of the vessels fishing under the
particular category quota to harvest the additional amount of BFT
before the end of the fishing year; the estimated amounts by which
quotas for other gear categories of the fishery might be exceeded;
effects of the adjustment on BFT rebuilding and overfishing; effects of
the adjustment on accomplishing the objectives of the fishery
management plan; variations in
[[Page 45099]]
seasonal distribution, abundance, or migration patterns of BFT; effects
of catch rates in one area precluding vessels in another area from
having a reasonable opportunity to harvest a portion of the category's
quota; review of dealer reports, daily landing trends, and the
availability of the BFT on the fishing grounds; optimizing fishing
opportunity; accounting for dead discards, facilitating quota
monitoring, supporting other fishing monitoring programs through quota
allocations and/or generation of revenue; and support of research
through quota allocations and/or generation of revenue.
Regarding the determination criteria about accounting for dead
discards and variations in seasonal distribution or abundance, a quota
transfer from the Reserve category to the Longline category would
contribute toward full accounting of BFT catch by vessels that have
quota debt (i.e., reduce quota debt), enhance the likelihood that
shareholders will make the decision to lease IBQ to others, and reduce
the uncertainty in the fishery as a whole.
With respect to the effects of the adjustment on rebuilding and
overfishing and accomplishing the objectives of the fishery management
plan, the fishery is a quota-managed fishery, a measure which supports
objectives related to rebuilding and overfishing. The transfer of 34 mt
of BFT quota from the Reserve category to the Longline category will
result in an adjusted Longline quota of 171.3 mt, which remains within
the ICCAT quota and is less than the historical average of landings and
dead discards in the fishery (239 mt). The revised Longline category
quota would support the broader objectives of Amendment 7, which
include reducing BFT interactions and dead discards while maintaining
an economically viable swordfish and yellowfin tuna directed fishery.
As a result of this quota transfer, 0.25 mt (551 lb) of IBQ will be
distributed to each of the 136 permit holders with IBQ shares, provided
the permit is associated with a vessel. For those permits that
qualified for IBQ shares and are not associated with a vessel at the
time of the quota transfer, the IBQ will not be usable by the permit
holder (i.e., may not be leased or used to account for BFT) unless and
until the eligible permit is associated with a vessel. Eligible permits
will be allocated either Gulf of Mexico (GOM) IBQ, Atlantic (ATL) IBQ,
or both GOM and ATL IBQ, according to the eligible permit initial
share's regional designations (and totaling 0.25 mt).
Regarding the determination criteria ``optimizing fishing
opportunity,'' the ability of pelagic longline vessel owners to account
for BFT with allocated quota or lease IBQ at an affordable price is key
to the success of the IBQ program. An inseason transfer of quota to the
Longline category would facilitate accomplishing the objectives of the
2006 Consolidated HMS FMP by optimizing fishing opportunity,
contributing to full accounting for landings and dead discards, and
reducing uncertainty in the fishery as a whole. Where fishing
opportunity for target species is constrained by BFT quota debt or a
low IBQ balance, the additional quota will help reduce this effect. It
will also reduce vessel owner uncertainty about whether a vessel owner
will have sufficient quota to account for BFT they may catch in the
future. Without this inseason quota transfer, it is more likely that
permit holders will have difficulty leasing quota to account for BFT
catch or reduce quota debt, permit holders may have a reduced ability
to make business plans for the future, and a higher number of permitted
vessels may be prohibited from fishing during 2016 as a result of quota
debt accrued during 2015.
This action is consistent with the rebuilding goals of the 2006
Consolidated HMS FMP because NMFS does not anticipate that the overall
U.S. BFT quota will be exceeded. Based on the considerations above,
NMFS is transferring 34 mt of Reserve category quota to the Longline
category. As a result of this quota transfer, the Reserve category
quota will be reduced from 108.8 mt to 74.8 mt, and the Longline
category quota will be increased from 137.3 to 171.3 mt. This inseason
quota transfer does not preclude future inseason quota transfers to any
of the quota categories. This action is supported by the Amendment 7
Final Environmental Impact Statement and final rule, which analyzed and
anticipated such an action.
NMFS will continue to monitor the BFT fisheries, including the
pelagic longline fishery, closely through the mandatory landings and
catch reports. Dealers are required to submit landing reports within 24
hours of a dealer receiving BFT. Pelagic longline vessels are required
to report BFT catch through Vessel Monitoring System, as well as
through the online IBQ system.
Longline category permit holders are reminded that all BFT
discarded dead must be reported through the Vessel Monitoring System,
and accounted for in the on-line IBQ system, consistent with
requirements at Sec. 635.15(a).
Subsequent inseason actions, if any, will be published in the
Federal Register. In addition, fishermen may call the Atlantic Tunas
Information Line at (888) 872-8862 or (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, as
amended, provide for inseason adjustments to quota and other aspects of
BFT fishery management, to respond to the diverse range of factors
which may affect BFT fisheries, including ecological (e.g, rebuilding,
or the migratory nature of HMS) and commercial (e.g., optimizing
fishing opportunity, or reducing bycatch). Specifically, Amendment 7
stated that NMFS may need to consider providing additional quota to the
Longline category as a whole in order to increase the amount of quota
available to eligible permitted vessels via the IBQ program, and
balance the need to have an operational directed pelagic longline
fishery with the need to reduce BFT bycatch.
Based on available BFT quota in the Reserve category, the amount of
quota debt in the pelagic longline fishery, and the catch of BFT by
pelagic longline vessels during 2015 to date, among other
considerations, adjustment to the Reserve and Longline category BFT
quotas is warranted. Analysis of available data shows that adjustment
to the Longline category quota from the initial level would result in
minimal risks of exceeding the ICCAT-allocated quota. The regulations
implementing the 2006 Consolidated HMS FMP, as amended, provide the
flexibility to provide additional quota to the Longline category in
order to optimize fishing opportunity, account for dead discards, and
accomplish the objectives of the fishery management plan. NMFS provides
notification of quota 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.
Delays in adjusting the Reserve and Longline category quotas would
adversely affect those Longline category vessels that would otherwise
have an opportunity to reduce or resolve quota debt, lease quota to
other vessels, as
[[Page 45100]]
well as delay potential beneficial effects on the ability for vessel
operators to make business plans for their future. Due to the migratory
nature of the target species, delaying inseason action may preclude
fishing opportunities for some vessel operators. NMFS is trying to
balance providing opportunity to the pelagic longline fishery, with the
reduction of BFT bycatch, and delaying this action would be contrary to
the public interest. 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 all of the above 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. Sec. 635.15(b)(5)(ii),
635.15(f), 635.27(a)(8) and (9), and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: July 24, 2015.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-18584 Filed 7-28-15; 8:45 am]
BILLING CODE 3510-22-P