Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 32086-32087 [2011-13832]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Rules and Regulations]
[Pages 32086-32087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13832]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 100317152-0176-01]
RIN 0648-XA393


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 has determined that the Atlantic tunas General category 
daily Atlantic bluefin tuna (BFT) retention limit should be adjusted 
for the June through August 2011 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 3, 2011, through August 31, 2011.

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 2011 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year quota, began January 1, 
2011. The General category season, which was open for the month of 
January 2011, resumes on June 1, 2011, and continues through December 
31, 2011. Starting on June 1, the General category daily retention 
limit (Sec.  635.23(a)(2)), is scheduled to revert back to the default 
retention limit of one large medium or giant BFT (measuring 73 inches 
(185 cm) curved fork length (CFL) or greater) per vessel per day/trip. 
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 2010 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 (74 FR 68709, December 29, 2009), and three large medium or 
giant BFT for June through December (75 FR 30730, June 2, 2010; and 75 
FR 51182, August 19, 2010). NMFS adjusted the January 2011 limit to two 
large medium or giant BFT (75 FR 79309, December 20, 2010).
    The 2010 ICCAT recommendation regarding western BFT management 
resulted in a 2011 U.S. quota of 923.7 mt (not including a 25-mt 
allocation that the United States uses to account for bycatch of BFT in 
pelagic longline fisheries in the Northeast Distant Gear Restricted 
Area (NED)). Consistent with the allocation scheme established in the 
Consolidated HMS FMP, the baseline General category share would be 
435.1 mt, and the baseline June through August General category 
subquota would be 217.6 mt. In order to implement the ICCAT-recommended 
baseline annual U.S. BFT quota, NMFS published a proposed rule that 
would modify the U.S. BFT quota and base subquotas for all domestic 
fishing categories, and establish BFT quota specifications for 2011 (76 
FR 13583, March 14, 2011). Until the final rule is effective (likely 
mid-June 2011), the BFT base quotas codified at Sec.  635.27(a) remain 
in effect. The currently codified General category quota is 448.6 mt, 
and the currently codified June through August General category 
subquota is 224.3 mt.

Adjustment of General Category Daily Retention Limit

    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; 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 2011 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 2010, June-August landings were approximately 118 mt. This 
amount is less than both the 217.6 mt available under the 2010 ICCAT 
recommendation and the 224.3 mt available under the current 
regulations. NMFS expects landings from the General category in June 
through August 2011 to be within the available quota, once finalized. 
Furthermore, 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.
    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 2011 General 
category quota, and that the same approach used for June-August 2010 is 
warranted. Therefore, NMFS increases the General category retention 
limit from the default limit to three large

[[Page 32087]]

medium or giant BFT, measuring 73 inches or greater, per vessel per 
day/trip, effective June 3, 2011, through August 31, 2011. 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 2011 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, 
and stock status, among other data. 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 https://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, the migratory nature 
of this species, and the regional variations in the BFT fishery. 
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/trip 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, 2011, 
or as soon as possible thereafter, 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 per 
day/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 is exempt 
from review under Executive Order 12866.

    Authority:  16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: May 31, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-13832 Filed 5-31-11; 4:15 pm]
BILLING CODE 3510-22-P