Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 77943-77946 [2014-30341]
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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations
be required to submit daily reports to
NMFS that would not serve any useful
purpose, which would be contrary to
the public interest.
Further, NMFS has determined that
good cause exists to waive the 30-day
delay in effectiveness of this rule under
5 U.S.C. 553(d) because, as explained
previously, this rule relieves a reporting
requirement on the regulated
community.
Because prior notice and opportunity
for public comment for this correction
to the final rule under 5 U.S.C. 553 have
been waived, and are not required by
any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq. are
inapplicable.
Accordingly, the final rule, Federal
Register Document Number 2014–
28105, published on December 2, 2014,
at 79 FR 71327, to be effective January
1, 2015, is corrected as follows:
On page 71330, in column 3,
§ 300.218(g) is correctly added to read as
follows:
§ 300.218 Reporting and recordkeeping
requirements.
*
*
*
*
*
(g) Daily FAD reports. If NMFS issues
a notice in the Federal Register
announcing that the requirement of this
paragraph is in effect, the owner or
operator of any fishing vessel of the
United States equipped with purse seine
gear must, within 24 hours of the end
of each day that the vessel is at sea in
the Convention Area, report to NMFS,
in the format and manner directed by
the Pacific Islands Regional
Administrator, how many purse seine
sets were made on FADs during that
day.
Dated: December 16, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–30227 Filed 12–24–14; 8:45 am]
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National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 120328229–4949–02]
RIN 0648–XD653
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 bluefin tuna quota
transfer and retention limit adjustment.
AGENCY:
NMFS is transferring 21
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the General category
December 2015 subquota period to the
January 2015 subquota period (from
January 1 through March 31, 2015, or
until the available subquota for this
period is reached, whichever comes
first). NMFS also is adjusting the
Atlantic tunas General category BFT
daily retention limit for the January
2015 subquota period to three large
medium or giant BFT from the default
retention limit of one. 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:
Correction
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The quota transfer is effective
January 1, 2015. The General category
retention limit adjustment is effective
January 1, 2015, through March 31,
2015.
DATES:
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 divides 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
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established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006), as amended by the recently
published Amendment 7 to the 2006
Consolidated HMS FMP (Amendment 7)
(79 FR 71510, December 2, 2014,) and
in accordance with implementing
regulations. NMFS is required under
ATCA to provide U.S. fishing vessels
with a reasonable opportunity to harvest
the ICCAT-recommended quota.
Inseason Transfer to the General
Category
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 separate 25 mt that ICCAT allocated
to the United States to account for
bycatch of BFT in pelagic longline
fisheries in the Northeast Distant Gear
Restricted Area). The allocation formula
applied in the 2011 BFT quota rule (76
FR 39019, July 5, 2011) resulted in a
codified quota of 435.1 mt for the
General category fishery (a commercial
tunas fishery in which handgear is
used), which was then further divided
according to the time-period allocations
established in the 2006 Consolidated
HMS FMP. The General category quota
and time period subquotas as codified
were not modified for 2012, 2013, or
2014. Although the 2014 ICCAT
recommendation regarding western BFT
management would result in an increase
to the baseline U.S. BFT quota and
subquotas for 2015, domestic
implementation of that recommendation
will take place in a separate rulemaking,
likely in mid-2015.
Among other things, Amendment 7
revised the allocations to all quota
categories, effective January 1, 2015. As
a result, based on the currently codified
quota of 923.7 mt, the General category
quota is 403 mt. See § 635.27(a). 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 it is called the ‘‘January’’
subquota, the regulations allow the
General category fishery under this
quota to continue until the subquota is
reached or March 31, whichever comes
first. Based on the General category
quota of 403 mt, the subquotas for each
time period are as follows: 21.4 mt for
January; 201.5 mt for June through
August; 106.8 mt for September; 52.4 mt
for October through November; and 21
mt for December. Any unused General
category quota rolls forward within the
fishing year, which coincides with the
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calendar year, from one time period to
the next, and is available for use in
subsequent time periods.
During the Amendment 7 rulemaking,
NMFS received comment from General
category participants that NMFS should
provide more quota to the January
subquota period and should consider
shifting subquota from December to the
January period. Some of the comments
expressed concern that, due to the
timing of NMFS’ implementation of
quota rules and/or quota specifications
(which are usually finalized mid-year),
General category participants in the
January period do not benefit from any
increased opportunities that may
become available to those fishing in the
summer and fall. The final rule
implementing Amendment 7 responded
to this concern and allows NMFS to
proactively transfer General category
quota from one time period to an earlier
time period in the same calendar year.
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering determination criteria
provided under § 635.27(a)(8), including
the five new criteria recently added in
Amendment 7, 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; 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.
NMFS has considered the relevant
determination criteria regarding
inseason adjustments and their
applicability to the General category
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fishery for the January 2015 subquota
period. A principal consideration is the
objective of providing opportunities to
harvest the full annual U.S. BFT quota
without exceeding it based on the goals
of the 2006 Consolidated HMS FMP and
Amendment 7, including to achieve
optimum yield on a continuing basis
and to optimize the ability of all permit
categories to harvest their full BFT
quota allocations.
General category landings in the
winter BFT fishery, which typically
occurs in the mid-Atlantic beginning in
December or January each year, are
highly variable and depend on
availability of commercial-sized BFT to
participants. As of early December,
commercial-sized BFT are actively being
landed. For the last three years, under
a daily retention limit of two large
medium or giant BFT, the available
January subquota (23.1 mt) was reached
on January 22, 2012, February 15, 2013,
and March 21, 2014. For these same
three years, the General category did not
reach its available quota by the end of
the year.
A quota transfer from the December
2015 to January 2015 period would
provide additional opportunities to
harvest the available U.S. BFT quota
without exceeding it, while preserving
the opportunity for General category
fishermen to participate in the winter
BFT fishery. NMFS also anticipates that
up to 94.9 mt of underharvest of the
2014 adjusted U.S. BFT quota will be
carried forward to 2015 to the Reserve,
in accordance with the regulations
implementing Amendment 7. This, in
addition to the fact that any unused
General category quota will roll forward
to the next subperiod within the
calendar year, and the anticipated
increase in the U.S. quota and subquotas
for 2015 as a result of ICCAT
recommendations, make it very likely
that General category quota will remain
available through the end of 2015 for
December fishery participants, even
with the quota transfer. NMFS also may
choose to transfer unused quota from
the Reserve or other categories,
inseason, based on consideration of the
determination criteria. Therefore, NMFS
anticipates that General category
participants in all areas and time
periods will have opportunities to
harvest the General category quota.
Thus, the quota transfer would allow
fishermen to take advantage of the
availability of fish on the fishing
grounds now, consider the expected
increases in available quota later in the
year, and provide a reasonable
opportunity to harvest the full U.S. BFT
quota.
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Other considerations consistent with
the regulatory criteria 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. Continued BFT landings would
support the collection of a broad range
of data for these studies and for stock
monitoring purposes. Without a quota
transfer at this time, the quota available
for the January through March 2015
period would be 21.4 mt (5.3 percent of
the General category quota), and
participants would have to stop BFT
fishing activities once that amount is
met, while commercial-sized BFT may
remain available in the areas General
category permitted vessels operate.
Transferring the 21-mt quota available
for December 2015 (5.2 percent of the
General category quota) would result in
42.4 mt (10.5 percent of the General
category quota) being available for the
January subquota period.
This action will be taken consistent
with the quotas previously implemented
and analyzed in the 2011 BFT quota
final rule, as adjusted by the final rule
to implement Amendment 7, and
consistent with the objectives of the
2006 Consolidated HMS FMP and
Amendments, and is not expected to
negatively impact stock health. It is also
supported by the Supplemental
Environmental Assessment prepared for
the 2013 quota specifications and the
Final Environmental Impact Statement/
Regulatory Impact Review/Final
Regulatory Flexibility Analysis prepared
for Amendment 7.
Based on the considerations above,
NMFS has decided to transfer 21 mt of
General category quota allocated for the
December period to the January period.
The transfer will provide a reasonable
opportunity to harvest the U.S. quota of
BFT, without exceeding it, while
maintaining an equitable distribution of
fishing opportunities; 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 and
Amendments. Therefore, NMFS
transfers the 21 mt to the General
category January 2015 period, resulting
in a subquota of 42.4 mt for that period
and a December period subquota of 0 mt
for the 2015 fishing year. NMFS will
close the General category fishery when
the adjusted General category January
period subquota has been reached, or it
will close automatically on March 31,
2015, and it will remain closed until the
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General category fishery reopens on
June 1, 2015.
Adjustment of General Category Daily
Retention Limit
Unless changed, the General category
daily retention limit starting on January
1 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 would apply to
General category permitted vessels and
to HMS Charter/Headboat category
permitted vessels when fishing
commercially for BFT. For the 2014
fishing year, NMFS adjusted the daily
retention limit from the default level of
one large medium or giant BFT to two
large medium or giant BFT for the
January subquota period (78 FR 77362,
December 23, 2013), which closed
March 21, 2014, when the subquota was
met (79 FR 15924, March 24, 2014); and
four large medium or giant BFT for the
June through August period (79 FR
30745, May 29, 2014) as well as the
September, October through November,
and December periods (79 FR 50854,
August 26, 2014).
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), and listed above. NMFS
has considered the relevant criteria and
their applicability to the General
category BFT retention limit for the
January 2015 subquota period. These
considerations include, but are not
limited to, the following:
As described above with regard to the
quota transfer, additional opportunity to
land BFT would support the collection
of a broad range of data for the
biological studies and for stock
monitoring purposes. In 2012, 2013, and
2014, under a two-fish limit, the
available January subquota (23.1 mt)
was reached on January 22, February 15,
and March 21, respectively, and in each
of these years the General category did
not reach its available quota by the end
of the year. For the remainder of the
2014 General category fishery (i.e., June
through December), NMFS adjusted the
daily retention limit to four fish, and
preliminary landings information
indicate that the General category will
be close to but likely not fill its quota.
As this action would be taken consistent
with the previously implemented and
analyzed quotas, it is not expected to
negatively impact stock health. It is also
supported by the Environmental
Analysis for the 2011 final rule
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regarding General and Harpoon category
management measures, which increased
the General category maximum daily
retention limit from three to five fish (76
FR 74003, November 30, 2011).
As above, the winter BFT fishery is
variable, but as of early December 2014,
commercial-sized BFT are actively being
landed. Considering this information
and the transfer of the December 2015
subquota to the quota for the January
2015 time period (for an adjusted total
of 42.4 mt), the default one-fish limit
likely would be overly restrictive.
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
and thus help maintain an equitable
distribution of fishing opportunities.
Although NMFS has the authority to set
the daily retention limit to up to five
fish, the rate of harvest of the January
subquota could be accelerated under a
high limit (and higher fish availability),
and result in a relatively short fishing
season. A short fishing season may
preclude or reduce fishing opportunities
for some individuals or geographic areas
because of the migratory nature and
seasonal distribution of BFT.
Based on these considerations, NMFS
has determined that a three-fish General
category retention limit is warranted for
the January 2015 subquota. 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 optimize the ability
of the General category to harvest its full
quota, allow collection of a broad range
of data for stock monitoring purposes,
and be consistent with the objectives of
the 2006 Consolidated HMS FMP and
Amendments. Therefore, NMFS
increases the General category retention
limit from the default limit (one) to
three large medium or giant BFT per
vessel per day/trip, effective January 1,
2015, through March 31, 2015, or until
the 42.4-mt January subquota is
harvested, whichever comes first.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example, during the
January 2015 subquota period, whether
a vessel fishing under the General
category limit takes a two-day trip or
makes two trips in one day, the day/trip
limit of three fish applies and may not
be exceeded upon landing. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico,
where NMFS prohibits targeted fishing
for BFT, and applies to those vessels
permitted in the General category, as
well as to those HMS Charter/Headboat
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77945
permitted vessels fishing commercially
for BFT.
Monitoring and Reporting
NMFS will continue to monitor the
General category BFT fishery closely
through the mandatory landings and
catch reports. Dealers are required to
submit landing reports within 24 hours
of a dealer receiving BFT. Consistent
with the regulations implementing
Amendment 7, General and HMS
Charter/Headboat category vessel
operators are required to report the
number and length of all BFT catch (i.e.,
retained or discarded dead) through an
online catch reporting system within 24
hours of the landing(s) or end of each
trip, by accessing hmspermits.noaa.gov.
Depending on the level of fishing effort
and catch rates of BFT, NMFS may
determine that additional retention limit
adjustments or closures are necessary to
ensure available quota is not exceeded
or to enhance scientific data collection
from, and fishing opportunities in, all
geographic areas. Subsequent 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 and
Amendments provide for inseason
retention limit adjustments to respond
to the unpredictable nature of BFT
availability on the fishing grounds, the
migratory nature of this species, and the
regional variations in the BFT fishery.
Affording prior notice and opportunity
for public comment to implement the
quota transfer and daily retention limit
for the January subquota time period 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
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exceeding the ICCAT-allocated U.S. BFT
quota.
Delays in increasing these retention
limits would adversely affect those
General and HMS 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 designated time periods.
Adjustment of the retention limit needs
to be effective January 1, 2015, 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
provide fishing opportunities for
fishermen in geographic areas with
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 635.27(a)(9), and
is exempt from review under Executive
Order 12866.
Temporary rule, correction;
extension of expiration date.
ACTION:
This document makes
corrections to the Gulf of Maine cod
interim regulations published in the
Federal Register on November 13, 2014.
This notice allows gillnet vessels to
switch their designation as either a Day
or Trip gillnet vessel, an opportunity
that was inadvertently not provided in
the original interim action. This notice
also makes several corrections and
clarifications, including where the Gulf
of Maine cod trip limit applies, to
ensure consistency with measures
implemented in the interim action. In
this document, we extend the expiration
date of certain temporary amendments.
DATES: Effective December 29, 2014,
until May 12, 2015, except for
amendatory instruction 2 of this rule,
which expires on April 30, 2015. The
expiration dates in amendatory
instructions 2, 4a and c, and 5 through
12, published in FR Rule Doc. No.
2014–26844, November 13, 2014, at 79
FR 67362, for the amendments to
§§ 648.2, 648.14, 648.80, 648.81, 648.82,
648.85, 648.86, 648.87, 648.88, and
648.89, respectively, are extended until
May 12, 2015.
FOR FURTHER INFORMATION CONTACT:
Brett Alger, Fishery Management
Specialist, phone: 978–675–9315.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Background
Dated: December 22, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
On November 13, 2014, we published
interim management measures (79 FR
67362) to increase protection for Gulf of
Maine (GOM) cod in response to a
recently updated stock assessment that
concluded the stock is severely
depleted. The management measures
included seasonal interim closure areas
and a 200-lb (90.7-kg) GOM cod trip
limit for all limited access commercial
groundfish vessels. This document
makes corrections to those measures;
specifically, we are:
• Allowing gillnet vessels to change
their annual declaration for the
remainder of the 2014 fishing year;
• Clarifying that the 200-lb (90.7-kg)
GOM cod trip limit applies specifically
to the GOM Broad Stock Area (BSA);
• Correcting several labeling and
typographical errors pertaining to the
seasonal interim closure areas;
• Extending the effective dates noted
for regulations implemented by the
interim action consistent with the
effective date published in the Federal
Register; and
• Correcting the prohibitions and
other regulations to clarify their
meaning or correct cross-references.
[FR Doc. 2014–30341 Filed 12–22–14; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 141002822–4999–02]
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RIN 0648–BE56
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2014;
Interim Gulf of Maine Cod Management
Measures; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Gillnet Category Designations
The Northeast Multispecies Fishery
Management Plan (FMP) requires
groundfish vessels fishing with gillnet
gear to make an annual declaration as
either a Day gillnet or Trip gillnet
vessel. There are specific regulations
and tagging requirements associated
with each of these categories. For
example, a Trip gillnet vessel is not
limited in the number of nets may fish,
but it must set and retrieve all of its
gillnet gear in each trip. On the other
hand, a Day gillnet vessel is limited in
the number of nets it may fish, but can
return to port while allowing the gear to
remain in the water for a period of time,
and then retrieve the gear on a
subsequent trip. Once a vessel owner
has elected one of these designations,
the owner may not change the
designation or fish under the other
gillnet category for the remainder of the
fishing year.
The interim rule modified gillnet
management measures mid-season by
reducing the number of nets that may be
fished by Day gillnet vessels enrolled in
a sector (see page 67367 of the interim
rule) and instituting GOM cod trip
limits. Vessel owners did not have a
prior opportunity to consider these
changes when they made their
designation as a Day or Trip gillnet
vessel at the beginning of the fishing
year. This correction provides a onetime opportunity for gillnet vessels to
change their designation after
considering management changes made
by the interim rule. Gillnet vessels can
change their declaration for the
remainder of the 2014 fishing year by
submitting a revised gillnet tag form
from December 29, 2014, through
January 28, 2015.
Clarification on GOM Cod Trip Limits
The groundfish Regulated Mesh Area
(RMA) boundaries were historically
used for gear restrictions, and for setting
trip limits in the commercial fishery and
bag limits in the recreational fishery. In
addition, Broad Stock Areas (BSA) were
implemented in Amendment 16 to the
FMP (75 FR 18262; April 9, 2010) to
better attribute catch to specific
groundfish stocks. There is a specific
area northeast of Cape Cod where the
GOM RMA and GOM BSA boundaries
do not align (Figure 1), and which
results in the GOM RMA overlapping
the Inshore Georges Bank BSA. In this
case, a vessel may be fishing in the
Inshore Georges Bank BSA, but under
the GOM RMA gear and trip regulations.
The interaction of these overlapping
areas was not addressed when
developing the GOM cod interim rule,
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[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77943-77946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30341]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120328229-4949-02]
RIN 0648-XD653
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 bluefin tuna quota
transfer and retention limit adjustment.
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SUMMARY: NMFS is transferring 21 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the General category December 2015 subquota
period to the January 2015 subquota period (from January 1 through
March 31, 2015, or until the available subquota for this period is
reached, whichever comes first). NMFS also is adjusting the Atlantic
tunas General category BFT daily retention limit for the January 2015
subquota period to three large medium or giant BFT from the default
retention limit of one. 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: The quota transfer is effective January 1, 2015. The General
category retention limit adjustment is effective January 1, 2015,
through March 31, 2015.
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 divides 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 the recently published Amendment 7 to the 2006
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014,) and
in accordance with implementing regulations. NMFS is required under
ATCA to provide U.S. fishing vessels with a reasonable opportunity to
harvest the ICCAT-recommended quota.
Inseason Transfer to the General Category
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 separate 25 mt that ICCAT allocated to the United States
to account for bycatch of BFT in pelagic longline fisheries in the
Northeast Distant Gear Restricted Area). The allocation formula applied
in the 2011 BFT quota rule (76 FR 39019, July 5, 2011) resulted in a
codified quota of 435.1 mt for the General category fishery (a
commercial tunas fishery in which handgear is used), which was then
further divided according to the time-period allocations established in
the 2006 Consolidated HMS FMP. The General category quota and time
period subquotas as codified were not modified for 2012, 2013, or 2014.
Although the 2014 ICCAT recommendation regarding western BFT management
would result in an increase to the baseline U.S. BFT quota and
subquotas for 2015, domestic implementation of that recommendation will
take place in a separate rulemaking, likely in mid-2015.
Among other things, Amendment 7 revised the allocations to all
quota categories, effective January 1, 2015. As a result, based on the
currently codified quota of 923.7 mt, the General category quota is 403
mt. See Sec. 635.27(a). 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 it is called the ``January'' subquota, the regulations allow
the General category fishery under this quota to continue until the
subquota is reached or March 31, whichever comes first. Based on the
General category quota of 403 mt, the subquotas for each time period
are as follows: 21.4 mt for January; 201.5 mt for June through August;
106.8 mt for September; 52.4 mt for October through November; and 21 mt
for December. Any unused General category quota rolls forward within
the fishing year, which coincides with the
[[Page 77944]]
calendar year, from one time period to the next, and is available for
use in subsequent time periods.
During the Amendment 7 rulemaking, NMFS received comment from
General category participants that NMFS should provide more quota to
the January subquota period and should consider shifting subquota from
December to the January period. Some of the comments expressed concern
that, due to the timing of NMFS' implementation of quota rules and/or
quota specifications (which are usually finalized mid-year), General
category participants in the January period do not benefit from any
increased opportunities that may become available to those fishing in
the summer and fall. The final rule implementing Amendment 7 responded
to this concern and allows NMFS to proactively transfer General
category quota from one time period to an earlier time period in the
same calendar year.
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering
determination criteria provided under Sec. 635.27(a)(8), including the
five new criteria recently added in Amendment 7, 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; 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.
NMFS has considered the relevant determination criteria regarding
inseason adjustments and their applicability to the General category
fishery for the January 2015 subquota period. A principal consideration
is the objective of providing opportunities to harvest the full annual
U.S. BFT quota without exceeding it based on the goals of the 2006
Consolidated HMS FMP and Amendment 7, including to achieve optimum
yield on a continuing basis and to optimize the ability of all permit
categories to harvest their full BFT quota allocations.
General category landings in the winter BFT fishery, which
typically occurs in the mid-Atlantic beginning in December or January
each year, are highly variable and depend on availability of
commercial-sized BFT to participants. As of early December, commercial-
sized BFT are actively being landed. For the last three years, under a
daily retention limit of two large medium or giant BFT, the available
January subquota (23.1 mt) was reached on January 22, 2012, February
15, 2013, and March 21, 2014. For these same three years, the General
category did not reach its available quota by the end of the year.
A quota transfer from the December 2015 to January 2015 period
would provide additional opportunities to harvest the available U.S.
BFT quota without exceeding it, while preserving the opportunity for
General category fishermen to participate in the winter BFT fishery.
NMFS also anticipates that up to 94.9 mt of underharvest of the 2014
adjusted U.S. BFT quota will be carried forward to 2015 to the Reserve,
in accordance with the regulations implementing Amendment 7. This, in
addition to the fact that any unused General category quota will roll
forward to the next subperiod within the calendar year, and the
anticipated increase in the U.S. quota and subquotas for 2015 as a
result of ICCAT recommendations, make it very likely that General
category quota will remain available through the end of 2015 for
December fishery participants, even with the quota transfer. NMFS also
may choose to transfer unused quota from the Reserve or other
categories, inseason, based on consideration of the determination
criteria. Therefore, NMFS anticipates that General category
participants in all areas and time periods will have opportunities to
harvest the General category quota. Thus, the quota transfer would
allow fishermen to take advantage of the availability of fish on the
fishing grounds now, consider the expected increases in available quota
later in the year, and provide a reasonable opportunity to harvest the
full U.S. BFT quota.
Other considerations consistent with the regulatory criteria
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. Continued BFT landings
would support the collection of a broad range of data for these studies
and for stock monitoring purposes. Without a quota transfer at this
time, the quota available for the January through March 2015 period
would be 21.4 mt (5.3 percent of the General category quota), and
participants would have to stop BFT fishing activities once that amount
is met, while commercial-sized BFT may remain available in the areas
General category permitted vessels operate. Transferring the 21-mt
quota available for December 2015 (5.2 percent of the General category
quota) would result in 42.4 mt (10.5 percent of the General category
quota) being available for the January subquota period.
This action will be taken consistent with the quotas previously
implemented and analyzed in the 2011 BFT quota final rule, as adjusted
by the final rule to implement Amendment 7, and consistent with the
objectives of the 2006 Consolidated HMS FMP and Amendments, and is not
expected to negatively impact stock health. It is also supported by the
Supplemental Environmental Assessment prepared for the 2013 quota
specifications and the Final Environmental Impact Statement/Regulatory
Impact Review/Final Regulatory Flexibility Analysis prepared for
Amendment 7.
Based on the considerations above, NMFS has decided to transfer 21
mt of General category quota allocated for the December period to the
January period. The transfer will provide a reasonable opportunity to
harvest the U.S. quota of BFT, without exceeding it, while maintaining
an equitable distribution of fishing opportunities; 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 and
Amendments. Therefore, NMFS transfers the 21 mt to the General category
January 2015 period, resulting in a subquota of 42.4 mt for that period
and a December period subquota of 0 mt for the 2015 fishing year. NMFS
will close the General category fishery when the adjusted General
category January period subquota has been reached, or it will close
automatically on March 31, 2015, and it will remain closed until the
[[Page 77945]]
General category fishery reopens on June 1, 2015.
Adjustment of General Category Daily Retention Limit
Unless changed, the General category daily retention limit starting
on January 1 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 would apply to General category permitted vessels and
to HMS Charter/Headboat category permitted vessels when fishing
commercially for BFT. For the 2014 fishing year, NMFS adjusted the
daily retention limit from the default level of one large medium or
giant BFT to two large medium or giant BFT for the January subquota
period (78 FR 77362, December 23, 2013), which closed March 21, 2014,
when the subquota was met (79 FR 15924, March 24, 2014); and four large
medium or giant BFT for the June through August period (79 FR 30745,
May 29, 2014) as well as the September, October through November, and
December periods (79 FR 50854, August 26, 2014).
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), and listed above. NMFS has
considered the relevant criteria and their applicability to the General
category BFT retention limit for the January 2015 subquota period.
These considerations include, but are not limited to, the following:
As described above with regard to the quota transfer, additional
opportunity to land BFT would support the collection of a broad range
of data for the biological studies and for stock monitoring purposes.
In 2012, 2013, and 2014, under a two-fish limit, the available January
subquota (23.1 mt) was reached on January 22, February 15, and March
21, respectively, and in each of these years the General category did
not reach its available quota by the end of the year. For the remainder
of the 2014 General category fishery (i.e., June through December),
NMFS adjusted the daily retention limit to four fish, and preliminary
landings information indicate that the General category will be close
to but likely not fill its quota. As this action would be taken
consistent with the previously implemented and analyzed quotas, it is
not expected to negatively impact stock health. It is also supported by
the Environmental Analysis for the 2011 final rule regarding General
and Harpoon category management measures, which increased the General
category maximum daily retention limit from three to five fish (76 FR
74003, November 30, 2011).
As above, the winter BFT fishery is variable, but as of early
December 2014, commercial-sized BFT are actively being landed.
Considering this information and the transfer of the December 2015
subquota to the quota for the January 2015 time period (for an adjusted
total of 42.4 mt), the default one-fish limit likely would be overly
restrictive. 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 and thus help maintain an equitable
distribution of fishing opportunities. Although NMFS has the authority
to set the daily retention limit to up to five fish, the rate of
harvest of the January subquota could be accelerated under a high limit
(and higher fish availability), and result in a relatively short
fishing season. A short fishing season may preclude or reduce fishing
opportunities for some individuals or geographic areas because of the
migratory nature and seasonal distribution of BFT.
Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted for the January 2015
subquota. 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 optimize the ability of the
General category to harvest its full quota, allow collection of a broad
range of data for stock monitoring purposes, and be consistent with the
objectives of the 2006 Consolidated HMS FMP and Amendments. Therefore,
NMFS increases the General category retention limit from the default
limit (one) to three large medium or giant BFT per vessel per day/trip,
effective January 1, 2015, through March 31, 2015, or until the 42.4-mt
January subquota is harvested, whichever comes first.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example, during the January 2015
subquota period, whether a vessel fishing under the General category
limit takes a two-day trip or makes two trips in one day, the day/trip
limit of three fish applies and may not be exceeded upon landing. This
General category retention limit is effective in all areas, except for
the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT, 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 General category BFT fishery
closely through the mandatory landings and catch reports. Dealers are
required to submit landing reports within 24 hours of a dealer
receiving BFT. Consistent with the regulations implementing Amendment
7, General and HMS Charter/Headboat category vessel operators are
required to report the number and length of all BFT catch (i.e.,
retained or discarded dead) through an online catch reporting system
within 24 hours of the landing(s) or end of each trip, by accessing
hmspermits.noaa.gov. Depending on the level of fishing effort and catch
rates of BFT, NMFS may determine that additional retention limit
adjustments or closures are necessary to ensure available quota is not
exceeded or to enhance scientific data collection from, and fishing
opportunities in, all geographic areas. Subsequent 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 and
Amendments provide for inseason retention limit adjustments to respond
to the unpredictable nature of BFT availability on the fishing grounds,
the migratory nature of this species, and the regional variations in
the BFT fishery. Affording prior notice and opportunity for public
comment to implement the quota transfer and daily retention limit for
the January subquota time period 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
[[Page 77946]]
exceeding the ICCAT-allocated U.S. BFT quota.
Delays in increasing these retention limits would adversely affect
those General and HMS 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 designated time periods. Adjustment of the retention
limit needs to be effective January 1, 2015, 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
provide fishing opportunities for fishermen in geographic areas with
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
635.27(a)(9), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: December 22, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-30341 Filed 12-22-14; 4:15 pm]
BILLING CODE 3510-22-P
