Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 30745-30747 [2014-12396]
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Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations
Control Number is 3060–0799. The
Commission publishes this document as
an announcement of the effective date of
the revised information collection
requirements, revised FCC Form 602. If
you have any comments on the burden
estimates listed below, or how the
Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW., Washington, DC 20554.
Please include the OMB Control
Number, 3060–0799, in your
correspondence. The Commission will
also accept your comments via the
Internet if you send them to PRA@
fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
emcdonald on DSK67QTVN1PROD with RULES
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on September
11, 2013 for the revised information
collection requirements contained in the
information collection 3060–0799.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0799.
The foregoing document is required
by the Paperwork Reduction Act of
1995, Public Law 104–13, October 1,
1995, and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0799.
OMB Approval Date: September 11,
2013.
OMB Expiration Date: September 30,
2016.
Title: FCC Ownership Disclosure
Information for the Wireless
Telecommunications Services.
Form No.: FCC Form 602.
Respondents: Business or Other ForProfit Entities; Not-For-Profit
Institutions; State, Local or Tribal
Governments.
VerDate Mar<15>2010
16:05 May 28, 2014
Jkt 232001
Number of Respondents and
Responses: 5,215 respondents; 5,215
responses.
Estimated Time per Response: 0.5–1.5
hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority is contained in 47 U.S.C. 4(i),
303(g) and 303(r).
Total Annual Burden: 5,215 hours.
Total Annual Cost: $508,200.
Nature and Extent of Confidentiality:
Respondents may request materials or
information submitted to the
Commission be withheld from public
inspection under 47 CFR 0.459 of the
Commission’s rules.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: There is no change
in the Commission’s previous burden
estimates. The Commission revised FCC
Form 602 by removing question 1b the
reporting of Cellular cross Ownership
Interests, which was sunset per 47 CFR
1.919(I)(3). The revised form is available
via the Commission’s Web site and the
Universal Licensing System electronic
form has been updated. The purpose of
the FCC Form 602 is to obtain the
identity of the filer and to elicit
information required by 47 CFR 1.2112
of the Commission’s rules regarding: (1)
Persons or entities holding a 10 percent
or greater direct or indirect ownership
interest or any general partners in a
general partnership holding a direct or
indirect ownership interest in the
applicant (‘‘Disclosable Interest
Holders’’); and (2) All FCC-regulated
entities in which the filer or any of its
Disclosable Interest Holders owns a 10
percent or greater interest. The data
collected on the FCC Form 602 includes
the FCC Registration Number (FRN),
which serves as a ‘‘common link’’ for all
filings an entity has with the FCC. The
Debt Collection Improvement Act of
1996 requires that entities filing with
the Commission use a FRN. The FCC
Form 602 was designed for, and must be
filed electronically by, all licensees that
hold licenses in auctionable services.
The information collected on the form is
used by the FCC to determine whether
the filer is legally, technically and
financially qualified to be a licensee.
Without such information, the
Commission could not determine
whether to issue licenses to applicants
that provide telecommunications
services to the public and fulfill its
statutory responsibilities in accordance
with the Communications Act of 1934,
as amended.
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30745
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2014–12353 Filed 5–28–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 130214139–3542–02]
RIN 0648–XD277
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category retention limit
adjustment.
AGENCY:
NMFS is adjusting the
Atlantic bluefin tuna (BFT) General
category daily retention limit from the
default limit of one large medium or
giant BFT to four large medium or giant
BFT for June 1 through August 31, 2014.
This action is based on consideration of
the regulatory determination criteria
regarding inseason adjustments, and
applies to Atlantic tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels when fishing commercially for
BFT.
SUMMARY:
Effective June 1, 2014, through
August 31, 2014.
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 (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
DATES:
E:\FR\FM\29MYR1.SGM
29MYR1
emcdonald on DSK67QTVN1PROD with RULES
30746
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations
HMS FMP) (71 FR 58058, October 2,
2006) and in accordance with
implementing regulations. NMFS is
required under ATCA and the
Magnuson-Stevens Act to provide U.S.
fishing vessels with a reasonable
opportunity to harvest the ICCAT–
recommended quota.
The 2010 ICCAT recommendation
regarding western BFT management
resulted in baseline U.S. quotas for 2011
and for 2012 of 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).
The 2011 BFT quota rule (76 FR 39019,
July 5, 2011) implemented the base
quota of 435.1 mt for the General
category fishery (a commercial tunas
fishery in which handgear is used). Each
of the General category time periods
(January, June through August,
September, October through November,
and December) is allocated a portion of
the annual General category quota.
Although NMFS has published
proposed quota specifications for 2014
(79 FR 18870, April 4, 2014), the
baseline General category subquotas as
codified in 2011 would not be changed,
including the 217.6-mt June through
August General category subquota.
The 2014 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
quota, began January 1, 2014. The
General category season, which was
open January 1 through March 21, 2014,
resumes on June 1, 2014, and continues
through December 31, 2014. Unless
changed, the General category daily
retention limit would be 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 (§ 635.23(a)(2)).
This default retention limit applies to
General category permitted vessels and
to HMS Charter/Headboat category
permitted vessels when fishing
commercially for BFT.
For the 2013 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 (77 FR 74612,
December 17, 2012), and three large
medium or giant BFT for June through
August (78 FR 26708, May 8, 2013),
three large medium or giant BFT for
September 1 through November 26 (78
FR 50346, August 19, 2013), and five
large medium or giant BFT for
November 27 through December 31 (78
FR 72584, December 3, 2013). NMFS
adjusted the daily retention limit for the
2014 January subquota period from the
default level of one large medium or
VerDate Mar<15>2010
16:05 May 28, 2014
Jkt 232001
giant BFT to two large medium or giant
BFT (78 FR 77362, December 23, 2013).
That retention limit was effective from
January 1, 2014, until March 21, 2014,
when NMFS closed the fishery because
the January subquota had been met (79
FR 15924, March 24, 2014).
Adjustment of General Category Daily
Retention Limit
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
five per vessel 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; 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 BFT distribution, abundance,
or migration patterns; 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 review of dealer
reports, daily landing trends, and the
availability of BFT on the fishing
grounds.
• NMFS has considered these criteria
and their applicability to the General
category BFT retention limit for the
June–August 2014 General category
fishery. These considerations include,
but are not limited to, the following.
Biological samples collected from BFT
landed by General category fishermen
and provided by BFT dealers continue
to provide NMFS with valuable parts
and data for ongoing scientific studies of
BFT age and growth, migration, and
reproductive status. As this action
would be taken consistent with the
quotas previously established and
analyzed in the 2011 BFT quota final
rule (76 FR 39019, July 5, 2011), and
consistent with objectives of the 2006
Consolidated HMS FMP, it is not
expected to negatively impact stock
health. A principal consideration is the
objective of providing opportunities to
harvest the full June–August subquota
without exceeding it based upon the
2006 Consolidated HMS FMP goal:
‘‘Consistent with other objectives of this
FMP, to manage Atlantic HMS fisheries
for continuing optimum yield so as to
provide the greatest overall benefit to
the Nation, particularly with respect to
food production, providing recreational
opportunities, preserving traditional
fisheries, and taking into account the
protection of marine ecosystems.’’
Migration of commercial-size BFT to the
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
fishing grounds off the northeast U.S.
coast is anticipated by early June.
Lastly, 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, and it may not be
filled at a three-BFT limit if recent
patterns of BFT availability and
landings rates hold. During the June–
August periods in 2012 and 2013, under
a three-fish limit, BFT landings were
approximately 155 mt and 108 mt,
respectively (71 percent and 50 percent,
respectively, of the available quota for
that period).
A limit lower than four fish could
result in unused quota being added to
the later portion of the General category
season (i.e., rolling forward to the
subsequent subquota time period).
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.
However, increasing the daily limit to
five fish may risk exceeding the
available June–August subquota. NMFS
has also received comment over recent
years from General category fishery
participants and BFT dealers that a fivefish limit at this time of year may
negatively affect market prices as the
fish quality tends to be lower earlier in
the year. Increasing the daily retention
limit to four fish will increase the
likelihood that the General category BFT
landings will approach, but not exceed,
the annual quota, as well as increase the
opportunity for catching BFT harvest
during the June through August
subquota period. Increasing (and
sometimes maximizing) opportunity
within each subquota period is also
important because of the migratory
nature and seasonal distribution of BFT.
In a particular geographic region, or
waters accessible from a particular port,
the amount of fishing opportunity for
BFT may be constrained by the short
amount of time the BFT are present.
Based on all of these considerations,
NMFS has determined that a four-fish
General category retention limit is
warranted. It would provide a
reasonable opportunity to harvest the
U.S. quota of BFT, without exceeding it,
while maintaining an equitable
distribution of fishing opportunities;
help achieve optimum yield in the
General category BFT fishery; allow the
collection of a broad range of data for
stock monitoring purposes; and be
consistent with the objectives of the
2006 Consolidated HMS FMP.
Therefore, NMFS increases the General
category retention limit from the default
E:\FR\FM\29MYR1.SGM
29MYR1
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations
limit to four large medium or giant BFT
per vessel per day/trip, effective June 1,
2014, through August 31, 2014.
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 four 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.
Monitoring and Reporting
emcdonald on DSK67QTVN1PROD with RULES
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 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.
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
hmspermits.noaa.gov, for updates on
VerDate Mar<15>2010
16:05 May 28, 2014
Jkt 232001
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
2006 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 NMFS needs to wait
until it has necessary data and
information about the fishery before it
can select the appropriate retention
limit for a time period prescribed by
regulation. By the time NMFS has the
necessary data, implementing the
retention limit following a public
comment period would preclude
fishermen from harvesting BFT that are
legally available consistent with all of
the regulatory criteria. 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
PO 00000
Frm 00045
Fmt 4700
Sfmt 9990
30747
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 that depend upon
catching the available quota within the
time periods designated in the 2006
Consolidated HMS FMP. Adjustment of
the retention limit needs to be effective
June 1, 2014, or as soon as possible
thereafter, to minimize any unnecessary
disruption in fishing patterns, to allow
the impacted sectors to benefit from the
adjustment, and 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 these reasons,
there is good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effectiveness.
This action is being taken under 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 22, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2014–12396 Filed 5–23–14; 11:15 am]
BILLING CODE 3510–22–P
E:\FR\FM\29MYR1.SGM
29MYR1
]]>Agencies
[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Rules and Regulations]
[Pages 30745-30747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12396]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 130214139-3542-02]
RIN 0648-XD277
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 is adjusting the Atlantic bluefin tuna (BFT) General
category daily retention limit from the default limit of one large
medium or giant BFT to four large medium or giant BFT for June 1
through August 31, 2014. This action is based on consideration of the
regulatory determination criteria regarding inseason adjustments, and
applies to Atlantic tunas General category (commercial) permitted
vessels and Highly Migratory Species (HMS) Charter/Headboat category
permitted vessels when fishing commercially for BFT.
DATES: Effective June 1, 2014, through August 31, 2014.
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 (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
[[Page 30746]]
HMS FMP) (71 FR 58058, October 2, 2006) and in accordance with
implementing regulations. NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable
opportunity to harvest the ICCAT-recommended quota.
The 2010 ICCAT recommendation regarding western BFT management
resulted in baseline U.S. quotas for 2011 and for 2012 of 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). The 2011 BFT quota rule (76 FR 39019, July 5,
2011) implemented the base quota of 435.1 mt for the General category
fishery (a commercial tunas fishery in which handgear is used). Each of
the General category time periods (January, June through August,
September, October through November, and December) is allocated a
portion of the annual General category quota. Although NMFS has
published proposed quota specifications for 2014 (79 FR 18870, April 4,
2014), the baseline General category subquotas as codified in 2011
would not be changed, including the 217.6-mt June through August
General category subquota.
The 2014 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2014. The General category season, which was open January 1 through
March 21, 2014, resumes on June 1, 2014, and continues through December
31, 2014. Unless changed, the General category daily retention limit
would be 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 (Sec. 635.23(a)(2)). This default retention limit
applies to General category permitted vessels and to HMS Charter/
Headboat category permitted vessels when fishing commercially for BFT.
For the 2013 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 (77 FR 74612, December 17, 2012),
and three large medium or giant BFT for June through August (78 FR
26708, May 8, 2013), three large medium or giant BFT for September 1
through November 26 (78 FR 50346, August 19, 2013), and five large
medium or giant BFT for November 27 through December 31 (78 FR 72584,
December 3, 2013). NMFS adjusted the daily retention limit for the 2014
January subquota period from the default level of one large medium or
giant BFT to two large medium or giant BFT (78 FR 77362, December 23,
2013). That retention limit was effective from January 1, 2014, until
March 21, 2014, when NMFS closed the fishery because the January
subquota had been met (79 FR 15924, March 24, 2014).
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 five per vessel 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; 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 BFT distribution,
abundance, or migration patterns; 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 review of dealer
reports, daily landing trends, and the availability of BFT on the
fishing grounds.
NMFS has considered these criteria and their applicability
to the General category BFT retention limit for the June-August 2014
General category fishery. These considerations include, but are not
limited to, the following. Biological samples collected from BFT landed
by General category fishermen and provided by BFT dealers continue to
provide NMFS with valuable parts and data for ongoing scientific
studies of BFT age and growth, migration, and reproductive status. As
this action would be taken consistent with the quotas previously
established and analyzed in the 2011 BFT quota final rule (76 FR 39019,
July 5, 2011), and consistent with objectives of the 2006 Consolidated
HMS FMP, it is not expected to negatively impact stock health. A
principal consideration is the objective of providing opportunities to
harvest the full June-August subquota without exceeding it based upon
the 2006 Consolidated HMS FMP goal: ``Consistent with other objectives
of this FMP, to manage Atlantic HMS fisheries for continuing optimum
yield so as to provide the greatest overall benefit to the Nation,
particularly with respect to food production, providing recreational
opportunities, preserving traditional fisheries, and taking into
account the protection of marine ecosystems.'' Migration of commercial-
size BFT to the fishing grounds off the northeast U.S. coast is
anticipated by early June. Lastly, 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,
and it may not be filled at a three-BFT limit if recent patterns of BFT
availability and landings rates hold. During the June-August periods in
2012 and 2013, under a three-fish limit, BFT landings were
approximately 155 mt and 108 mt, respectively (71 percent and 50
percent, respectively, of the available quota for that period).
A limit lower than four fish could result in unused quota being
added to the later portion of the General category season (i.e.,
rolling forward to the subsequent subquota time period). 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. However, increasing the daily limit to five fish may risk
exceeding the available June-August subquota. NMFS has also received
comment over recent years from General category fishery participants
and BFT dealers that a five-fish limit at this time of year may
negatively affect market prices as the fish quality tends to be lower
earlier in the year. Increasing the daily retention limit to four fish
will increase the likelihood that the General category BFT landings
will approach, but not exceed, the annual quota, as well as increase
the opportunity for catching BFT harvest during the June through August
subquota period. Increasing (and sometimes maximizing) opportunity
within each subquota period is also important because of the migratory
nature and seasonal distribution of BFT. In a particular geographic
region, or waters accessible from a particular port, the amount of
fishing opportunity for BFT may be constrained by the short amount of
time the BFT are present.
Based on all of these considerations, NMFS has determined that a
four-fish General category retention limit is warranted. It would
provide a reasonable opportunity to harvest the U.S. quota of BFT,
without exceeding it, while maintaining an equitable distribution of
fishing opportunities; help achieve optimum yield in the General
category BFT fishery; allow the collection of a broad range of data for
stock monitoring purposes; and be consistent with the objectives of the
2006 Consolidated HMS FMP. Therefore, NMFS increases the General
category retention limit from the default
[[Page 30747]]
limit to four large medium or giant BFT per vessel per day/trip,
effective June 1, 2014, through August 31, 2014.
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 four 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.
Monitoring and Reporting
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 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.
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 hmspermits.noaa.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 2006 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 NMFS needs to
wait until it has necessary data and information about the fishery
before it can select the appropriate retention limit for a time period
prescribed by regulation. By the time NMFS has the necessary data,
implementing the retention limit following a public comment period
would preclude fishermen from harvesting BFT that are legally available
consistent with all of the regulatory criteria. 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 that depend upon catching the available
quota within the time periods designated in the 2006 Consolidated HMS
FMP. Adjustment of the retention limit needs to be effective June 1,
2014, or as soon as possible thereafter, to minimize any unnecessary
disruption in fishing patterns, to allow the impacted sectors to
benefit from the adjustment, and 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 these
reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30-day
delay in effectiveness.
This action is being taken under 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 22, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2014-12396 Filed 5-23-14; 11:15 am]
BILLING CODE 3510-22-P
