Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 30730-30732 [2010-13204]
Download as PDF
<![CDATA[
WReier-Aviles on DSKGBLS3C1PROD with RULES
30730
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations
approved FMEPs that specifies the
implementation and reporting
requirements; evaluate FMEPs every 5
years and identify changes that would
improve their effectiveness; and provide
a public comment period (≥30 days)
before withdrawing approval of an
FMEP.
(3) Tribal Exemptions. The
prohibitions of paragraph (a) of this
section relating to the threatened
Southern DPS listed in § 223.102(c)(1)
do not apply to fishery harvest or other
activities undertaken by a tribe, tribal
member, tribal permittee, tribal
employee, or tribal agent in Willapa
Bay, WA, Grays Harbor, WA, Coos Bay,
OR, Winchester Bay, OR, Humboldt
Bay, CA, and any other area where tribal
treaty fishing occurs, if those activities
are compliant with a tribal resource
management plan (Tribal Plan),
provided that the Secretary determines
that implementation of such Tribal Plan
will not appreciably reduce the
likelihood of survival and recovery of
the Southern DPS. In making that
determination the Secretary shall use
the best available biological data
(including any tribal data and analysis)
to determine the Tribal Plan’s impact on
the biological requirements of the
species, and will assess the effect of the
Tribal Plan on survival and recovery,
consistent with legally enforceable tribal
rights and with the Secretary’s trust
responsibilities to tribes.
(i) A Tribal Plan may include, but is
not limited to, plans that address fishery
harvest, artificial production, research,
or water or land management, and may
be developed by one tribe or jointly
with other tribes. The Secretary will
consult on a government-to-government
basis with any tribe that so requests and
will provide, to the maximum extent
practicable, technical assistance in
examining impacts on the Southern DPS
as tribes develop Tribal Plans. A Tribal
Plan must specify the procedures by
which the tribe will enforce its
provisions.
(ii) Where there exists a Federal court
proceeding with continuing jurisdiction
over the subject matter of a Tribal Plan,
the plan may be developed and
implemented within the ongoing
Federal Court proceeding. In such
circumstances, compliance with the
Tribal Plan’s terms shall be determined
within that Federal Court proceeding.
(iii) The Secretary shall seek comment
from the public on the Secretary’s
pending determination whether
implementation of a Tribal Plan will
appreciably reduce the likelihood of
survival and recovery of the listed
Southern DPS.
VerDate Mar<15>2010
14:57 Jun 01, 2010
Jkt 220001
(iv) The Secretary shall publish
notification in the Federal Register of
any determination regarding a Tribal
Plan and the basis for that
determination.
(d) The exceptions of section 10 of the
ESA (16 U.S.C. 1539) and other
exceptions under the ESA relating to
endangered species, including
regulations in part 222 of this chapter II
implementing such exceptions, also
apply to the threatened Southern DPS of
North American green sturgeon listed in
§ 223.102(c)(1). Federal, state, and
private-sponsored research activities for
scientific research or enhancement
purposes that are not covered under
Scientific Research and Monitoring
Exceptions as described in paragraph
(b)(1) of this section or Scientific
Research and Monitoring Exemptions as
described in paragraph (c)(1) of this
section, may take Southern DPS fish
pursuant to the specifications of an ESA
section 10 permit. Section 9(a)(1)(B) and
(a)(1)(C) take prohibitions would not
apply to ongoing research activities if an
application for an ESA section
10(a)(1)(A) permit is received by NMFS,
preferably through the NMFS online
application Web site https://
apps.nmfs.noaa.gov, no later than
November 29, 2010. The take
prohibitions would take effect if the
permit application is rejected as
insufficient or a permit is denied. If the
permit application is received by
November 29, 2010, ongoing research
activities may continue without take
prohibitions until NMFS issues or
denies a permit.
(e) Affirmative Defense. In connection
with any action alleging a violation of
the prohibitions of paragraph (a) of this
section with respect to the threatened
Southern DPS of North American green
sturgeon listed in § 223.102(c)(1), any
person claiming that his or her take is
authorized via methods listed in
paragraph (b) of this section shall have
a defense where the person can
demonstrate that the take authorization
is applicable and was in force, and that
the person fully complied with the take
authorization requirements at the time
of the alleged violation. This defense is
an affirmative defense that must be
raised, pleaded, and proven by the
proponent. If proven, this defense will
be an absolute defense to liability under
section 9(a)(1)(G) of the ESA with
respect to the alleged violation.
[FR Doc. 2010–13233 Filed 6–1–10; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XW54
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.
SUMMARY: NMFS has determined that
the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT)
retention limit should be adjusted for
the June through August 2010 time
period, based on consideration of the
regulatory determination criteria
regarding inseason adjustments. This
action applies to Atlantic tunas General
category permitted vessels and Highly
Migratory Species Charter/Headboat
category permitted vessels (when
fishing commercially for BFT).
DATES: Effective June 1, 2010, through
August 31, 2010.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (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).
The 2010 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar year
quota, began January 1, 2010. The
General category season, which was
open for the month of January 2010,
resumes on June 1, 2010, and continues
through December 31, 2010. Starting on
June 1, the General category daily
retention limit (§ 635.23(a)(2)), is
E:\FR\FM\02JNR1.SGM
02JNR1
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
scheduled to revert back to the default
retention limit of one large medium or
giant BFT (measuring 73 inches (185
cm) CFL) or greater per vessel per day/
trip. This default retention limit applies
to General category permitted vessels
and HMS Charter/Headboat category
permitted vessels (when fishing
commercially for BFT).
Each of the General category time
periods (January, June-August,
September, October-November, and
December) is allocated a portion of the
annual General category quota, thereby
ensuring extended fishing opportunities
in years when catch rates are high and
quota is available. For the 2009 fishing
year, NMFS adjusted the General
category limit from the default level of
one large medium or giant BFT as
follows: two large medium or giant BFT
for January, and three large medium or
giant BFT for June through December
(73 FR 76972, December 18, 2008; 74 FR
26110, June 1, 2009; and 74 FR 44296,
August 28, 2009). NMFS adjusted the
January 2010 limit to two large medium
or giant BFT (74 FR 68709, December
29, 2009).
The 2008 ICCAT recommendation
regarding Western BFT management
resulted in a U.S. quota of 1,034.9 mt for
2009, and 977.4 mt for 2010. Consistent
with the allocation scheme established
in the Consolidated HMS FMP, the
baseline General category share was
475.7 mt for 2009, and is 448.6 mt for
2010. The baseline June-August General
category subquota was 237.8 mt for
2009, and is 224.3 mt for 2010.
In order to implement the ICCAT
recommendation for the 2010 fishing
year, NMFS has proposed quota
specifications to set BFT quotas for each
of the established domestic fishing
categories and expects to publish the
final specifications by early June 2010.
The proposed June-August 2010
subquota is 269.4 mt.
Adjustment of General Category Daily
Retention Limits
Under § 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
three per vessel based on consideration
of the 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
VerDate Mar<15>2010
14:57 Jun 01, 2010
Jkt 220001
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
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; and a
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds.
NMFS has considered the set of
criteria cited above and their
applicability to the General category
BFT retention limit for the June-August
2010 General category fishery. Based on
General category landings rates during
the June through August time-period
over the last several years, it is highly
unlikely that the June through August
subquota will be filled with the default
daily retention limit of one BFT per
vessel. For example, under the threefish limit that applied in June-August
2009, June-August landings were 54 mt
out of an available 311.5 mt. In addition
to the adjusted June-August 2010
subquota of 269.4 mt, 25.9 mt of the
adjusted January 2010 subquota was
unused and automatically rolls forward
to the June-August 2010 subquota, per
§ 635.27(a)(1)(ii), resulting in an
available quota of 295.3 mt for the JuneAugust 2010 period. Slow catch rates
early in the season could result in
unused quota being added to the later
portion of the General category season.
Increasing the daily retention limit from
the default may mitigate rolling an
excessive amount of unused quota from
one time-period subquota to the next.
Excessive rollover is undesirable
because it effectively changes the timeperiod subquota allocation percentages
established in the 2006 Consolidated
HMS FMP.
Based on considerations of the
available quota, fishery performance in
recent years, and the availability of BFT
on the fishing grounds, NMFS has
determined that the General category
retention limit should be adjusted to
allow for retention of the anticipated
2010 General category quota, and that
the same approach used for June-August
2009 is warranted. Therefore, NMFS
increases the General category retention
limit from the default limit of one large
medium or giant BFT to three large
medium or giant BFT per vessel per
day/trip, effective June 1, 2010, through
August 31, 2010. Regardless of the
duration of a fishing trip, the daily
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
30731
retention limit applies upon landing.
For example, 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, and
applies to those vessels permitted in the
General category as well as to those
HMS Charter/Headboat permitted
vessels fishing commercially for BFT.
This adjustment is intended to
provide a reasonable opportunity to
harvest the U.S. quota of BFT without
exceeding it, while maintaining an
equitable distribution of fishing
opportunities; to help achieve optimum
yield in the General category BFT
fishery; to collect a broad range of data
for stock monitoring purposes; and to be
consistent with the objectives of the
Consolidated HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention
limit for June-August 2010 after
examining an array of data as it pertains
to the determination criteria. These data
included, but were not limited to,
current and previous catch and effort
rates in the BFT fisheries, quota
availability, previous public comments
on inseason management measures,
stock status, etc. NMFS will continue to
monitor the BFT fishery closely through
the mandatory dealer landing reports,
which NMFS requires to be submitted
within 24 hours of a dealer receiving
BFT. Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional retention
limit adjustments are necessary to
ensure available quota is not exceeded
or to enhance scientific data collection
from, and fishing opportunities in, all
geographic areas.
Closures or subsequent adjustments to
the daily retention limits, 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
www.hmspermits.gov, for updates on
quota monitoring and retention limit
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
Consolidated HMS FMP provide for
inseason retention limit adjustments to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
E:\FR\FM\02JNR1.SGM
02JNR1
WReier-Aviles on DSKGBLS3C1PROD with RULES
30732
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations
the migratory nature of this species, and
the regional variations in the BFT
fishery. Under § 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 three per vessel based on
consideration of the 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
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; and a
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds.
Affording prior notice and
opportunity for public comment to
implement these retention limits is
impracticable as it would preclude
NMFS from acting promptly to allow
harvest of BFT that are available on the
fishing grounds. Analysis of available
data shows that the General category
BFT retention limits may be increased
with minimal risks of exceeding the
ICCAT-allocated quota.
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 and may exacerbate the problem of
low catch rates and quota rollovers.
Limited opportunities to harvest the
respective quotas may have negative
social and economic impacts for U.S.
fishermen who depend upon catching
the available quota within the time
periods designated in the Consolidated
HMS FMP. Adjustment of the retention
limit needs to be effective June 1, 2010,
to minimize any unnecessary disruption
in fishing patterns and for the impacted
sectors to benefit from the adjustments
so as to not preclude fishing
opportunities for fishermen who have
VerDate Mar<15>2010
14:57 Jun 01, 2010
Jkt 220001
access to the fishery only during this
time period.
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,
and because this action relieves a
restriction (i.e., the default General
category retention limit is one fish per
vessel/trip whereas this action increases
that limit and allows retention of
additional fish), 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 50
CFR 635.23(a)(4) and (b)(3), and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: May 26, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–13204 Filed 5–27–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 100317152–0176–01]
RIN 0648–AY77
Atlantic Highly Migratory Species;
2010 Atlantic Bluefin Tuna Quota
Specifications
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS is establishing Atlantic
bluefin tuna (BFT) quota specifications
for 2010. This action is necessary to
implement recommendations of the
International Commission for the
Conservation of Atlantic Tunas (ICCAT),
as required by the Atlantic Tunas
Convention Act (ATCA), and to achieve
domestic management objectives under
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective July 2, 2010.
ADDRESSES: Supporting documents,
including the Supplemental
Environmental Assessment, Regulatory
Impact Review, and Final Regulatory
Flexibility Analysis, are available from
Sarah McLaughlin, Highly Migratory
Species (HMS) Management Division,
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
Office of Sustainable Fisheries (F/SF1),
NMFS, 55 Great Republic Drive,
Gloucester, MA 01930. These
documents are also available from the
HMS Management Division website at
https://www.nmfs.noaa.gov/sfa/hms/ or
at the Federal e-Rulemaking Portal:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260.
SUPPLEMENTARY INFORMATION: Atlantic
tunas are managed under the dual
authority of the Magnuson-Stevens Act
and ATCA. ATCA authorizes the
Secretary of Commerce (Secretary) to
promulgate regulations, as may be
necessary and appropriate, to
implement ICCAT recommendations.
The authority to issue regulations under
the Magnuson-Stevens Act and ATCA
has been delegated from the Secretary to
the Assistant Administrator for
Fisheries, NOAA (AA).
Background
Background information about the
need for the 2010 BFT quota
specifications was provided in the
preamble to the proposed rule (74 FR
63095, December 2, 2009), and is not
repeated here.
Changes from the Proposed Rule
Consistent with NMFS’
implementation of the 2009 BFT Quota
Specifications, NMFS establishes the
2010 U.S. baseline quota at the ICCATrecommended level and carries over the
full amount of available BFT
underharvest allowed by ICCAT from
2009 to 2010, and distributes that
underharvest to: (1) provide the
Longline category sufficient quota to
operate during 2010 after the required
accounting for BFT dead discards; (2)
maintain up to 15 percent of the 2010
U.S. quota in Reserve for potential
transfer to other ICCAT contracting
parties and other domestic management
objectives, if warranted; and (3) provide
the non-Longline quota categories a
share of the remainder of the
underharvest consistent with the
allocation scheme established in the
2006 Consolidated Atlantic Highly
Migratory Species Fishery Management
Plan (Consolidated HMS FMP).
When NMFS prepared the proposed
rule, landings information was
incomplete, and NMFS anticipated the
full amount of 2009 underharvest
allowed under the 2008 ICCAT
recommendation for the western
Atlantic bluefin tuna stock (ICCAT
Recommendation 08–04), i.e., 50
percent of the U.S. quota, or 488.7 mt,
would be available and carried forward
to 2010. NMFS indicated that
E:\FR\FM\02JNR1.SGM
02JNR1
]]>Agencies
[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Rules and Regulations]
[Pages 30730-30732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13204]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XW54
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.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT) retention limit should be adjusted
for the June through August 2010 time period, based on consideration of
the regulatory determination criteria regarding inseason adjustments.
This action applies to Atlantic tunas General category permitted
vessels and Highly Migratory Species Charter/Headboat category
permitted vessels (when fishing commercially for BFT).
DATES: Effective June 1, 2010, through August 31, 2010.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (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).
The 2010 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar year quota, began January 1,
2010. The General category season, which was open for the month of
January 2010, resumes on June 1, 2010, and continues through December
31, 2010. Starting on June 1, the General category daily retention
limit (Sec. 635.23(a)(2)), is
[[Page 30731]]
scheduled to revert back to the default retention limit of one large
medium or giant BFT (measuring 73 inches (185 cm) CFL) or greater per
vessel per day/trip. This default retention limit applies to General
category permitted vessels and HMS Charter/Headboat category permitted
vessels (when fishing commercially for BFT).
Each of the General category time periods (January, June-August,
September, October-November, and December) is allocated a portion of
the annual General category quota, thereby ensuring extended fishing
opportunities in years when catch rates are high and quota is
available. For the 2009 fishing year, NMFS adjusted the General
category limit from the default level of one large medium or giant BFT
as follows: two large medium or giant BFT for January, and three large
medium or giant BFT for June through December (73 FR 76972, December
18, 2008; 74 FR 26110, June 1, 2009; and 74 FR 44296, August 28, 2009).
NMFS adjusted the January 2010 limit to two large medium or giant BFT
(74 FR 68709, December 29, 2009).
The 2008 ICCAT recommendation regarding Western BFT management
resulted in a U.S. quota of 1,034.9 mt for 2009, and 977.4 mt for 2010.
Consistent with the allocation scheme established in the Consolidated
HMS FMP, the baseline General category share was 475.7 mt for 2009, and
is 448.6 mt for 2010. The baseline June-August General category
subquota was 237.8 mt for 2009, and is 224.3 mt for 2010.
In order to implement the ICCAT recommendation for the 2010 fishing
year, NMFS has proposed quota specifications to set BFT quotas for each
of the established domestic fishing categories and expects to publish
the final specifications by early June 2010. The proposed June-August
2010 subquota is 269.4 mt.
Adjustment of General Category Daily Retention Limits
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 three per vessel based on consideration of the 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 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; and a review of dealer reports, daily landing trends,
and the availability of the BFT on the fishing grounds.
NMFS has considered the set of criteria cited above and their
applicability to the General category BFT retention limit for the June-
August 2010 General category fishery. Based on General category
landings rates during the June through August time-period over the last
several years, it is highly unlikely that the June through August
subquota will be filled with the default daily retention limit of one
BFT per vessel. For example, under the three-fish limit that applied in
June-August 2009, June-August landings were 54 mt out of an available
311.5 mt. In addition to the adjusted June-August 2010 subquota of
269.4 mt, 25.9 mt of the adjusted January 2010 subquota was unused and
automatically rolls forward to the June-August 2010 subquota, per Sec.
635.27(a)(1)(ii), resulting in an available quota of 295.3 mt for the
June-August 2010 period. Slow catch rates early in the season could
result in unused quota being added to the later portion of the General
category season. Increasing the daily retention limit from the default
may mitigate rolling an excessive amount of unused quota from one time-
period subquota to the next. Excessive rollover is undesirable because
it effectively changes the time-period subquota allocation percentages
established in the 2006 Consolidated HMS FMP.
Based on considerations of the available quota, fishery performance
in recent years, and the availability of BFT on the fishing grounds,
NMFS has determined that the General category retention limit should be
adjusted to allow for retention of the anticipated 2010 General
category quota, and that the same approach used for June-August 2009 is
warranted. Therefore, NMFS increases the General category retention
limit from the default limit of one large medium or giant BFT to three
large medium or giant BFT per vessel per day/trip, effective June 1,
2010, through August 31, 2010. Regardless of the duration of a fishing
trip, the daily retention limit applies upon landing. For example,
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, and applies
to those vessels permitted in the General category as well as to those
HMS Charter/Headboat permitted vessels fishing commercially for BFT.
This adjustment is intended to provide a reasonable opportunity to
harvest the U.S. quota of BFT without exceeding it, while maintaining
an equitable distribution of fishing opportunities; to help achieve
optimum yield in the General category BFT fishery; to collect a broad
range of data for stock monitoring purposes; and to be consistent with
the objectives of the Consolidated HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention limit for June-August 2010 after
examining an array of data as it pertains to the determination
criteria. These data included, but were not limited to, current and
previous catch and effort rates in the BFT fisheries, quota
availability, previous public comments on inseason management measures,
stock status, etc. NMFS will continue to monitor the BFT fishery
closely through the mandatory dealer landing reports, which NMFS
requires to be submitted within 24 hours of a dealer receiving BFT.
Depending on the level of fishing effort and catch rates of BFT, NMFS
may determine that additional retention limit adjustments are necessary
to ensure available quota is not exceeded or to enhance scientific data
collection from, and fishing opportunities in, all geographic areas.
Closures or subsequent adjustments to the daily retention limits,
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 www.hmspermits.gov, for updates on
quota monitoring and retention limit 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 Consolidated HMS FMP provide for
inseason retention limit adjustments to respond to the unpredictable
nature of BFT availability on the fishing grounds,
[[Page 30732]]
the migratory nature of this species, and the regional variations in
the BFT fishery. 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 three per vessel based on consideration
of the 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 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; and a review of dealer
reports, daily landing trends, and the availability of the BFT on the
fishing grounds.
Affording prior notice and opportunity for public comment to
implement these retention limits is impracticable as it would preclude
NMFS from acting promptly to allow harvest of BFT that are available on
the fishing grounds. Analysis of available data shows that the General
category BFT retention limits may be increased with minimal risks of
exceeding the ICCAT-allocated quota.
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 and may exacerbate the problem of
low catch rates and quota rollovers. Limited opportunities to harvest
the respective quotas may have negative social and economic impacts for
U.S. fishermen who depend upon catching the available quota within the
time periods designated in the Consolidated HMS FMP. Adjustment of the
retention limit needs to be effective June 1, 2010, to minimize any
unnecessary disruption in fishing patterns and for the impacted sectors
to benefit from the adjustments so as to not preclude fishing
opportunities for fishermen who have access to the fishery only during
this time period.
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, and because this action relieves a restriction
(i.e., the default General category retention limit is one fish per
vessel/trip whereas this action increases that limit and allows
retention of additional fish), 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 50 CFR 635.23(a)(4) and (b)(3),
and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 26, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-13204 Filed 5-27-10; 4:15 pm]
BILLING CODE 3510-22-S
