Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 27863-27867 [2015-11791]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Rules and Regulations]
[Pages 27863-27867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11791]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120328229-4949-02]
RIN 0648-XD902


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; General and Angling category retention limit 
adjustments for Atlantic bluefin tuna (BFT); Purse Seine category BFT 
fishery start date.

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SUMMARY: NMFS is adjusting the General category BFT daily retention 
limit for June 1 through August 31, 2015, and the Angling category BFT 
daily retention limit for the remainder of 2015. In addition, NMFS is 
announcing July 6, 2015, as the start date for this year's Purse Seine 
category fishery. The General category daily retention limit is 
adjusted to four large medium or giant BFT. This adjustment applies to 
Atlantic tunas General category (commercial) permitted vessels and HMS 
Charter/Headboat category permitted vessels when fishing commercially 
for BFT. The Angling category daily retention limit is adjusted to: Two 
school BFT and one large school/small medium BFT per vessel per day/
trip for charter vessels (i.e., those with HMS Charter/Headboat permits 
when fishing recreationally); and one school BFT and one large school/
small medium BFT per vessel per day/trip for private vessels (i.e., 
those with HMS Angling category permits). These retention limits are 
effective in all areas, except for the Gulf of Mexico, where NMFS 
prohibits targeted fishing for BFT. These actions are based on 
consideration of the applicable regulatory determination criteria.

DATES: The Angling category retention limit is effective May 15, 2015 
through December 31, 2015. The General category retention limit is 
effective June 1, 2015, through August 31, 2015. The Purse Seine 
category fishery will start July 6, 2015, and continue through December 
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 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) among the various domestic fishing categories, per the 
allocations established in the 2006 Consolidated Highly Migratory 
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 
58058, October 2, 2006), as amended by Amendment 7 to the 2006 
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and 
in accordance with implementing regulations. 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 currently codified baseline U.S. quota is 923.7 mt (not 
including the 25 mt ICCAT allocated to the United States to account for 
bycatch of BFT in pelagic longline fisheries in the Northeast Distant 
Gear Restricted Area). Among other things, Amendment 7 revised the 
allocations to all quota categories, effective January 1, 2015. See 
Sec.  635.27(a).
    The 2015 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual quota, began January 1, 2015. The 
Angling category

[[Page 27864]]

season opened January 1, 2015, and continues through December 31, 2015. 
The size classes of BFT are summarized in Table 1. Please note that 
large school and small medium BFT traditionally have been managed as 
one size class, as described below, i.e., a limit of one large school/
small medium BFT (measuring 47 to less than 73 inches).

                        Table 1--BFT Size Classes
------------------------------------------------------------------------
            Size class                       Curved fork length
------------------------------------------------------------------------
School............................  27 to less than 47 inches (68.5 to
                                     less than 119 cm).
Large school......................  47 to less than 59 inches (119 to
                                     less than 150 cm).
Small medium......................  59 to less than 73 inches (150 to
                                     less than 185 cm).
Large medium......................  73 to less than 81 inches (185 to
                                     less than 206 cm).
Giant.............................  81 inches or greater (206 cm or
                                     greater).
------------------------------------------------------------------------

    Currently, the default Angling category daily retention limit of 
one school, large school, or small medium BFT applies (Sec.  
635.23(b)(2)). This retention limit applies to HMS Angling and to HMS 
Charter/Headboat category permitted vessels (when fishing 
recreationally for BFT). In 2014, NMFS adjusted the daily retention 
limit from the default level to one school BFT and one large school/
small medium BFT for private vessels (i.e., those with HMS Angling 
category permits); and two school BFT and one large school/small medium 
BFT for charter vessels (i.e., those with HMS Charter/Headboat permits 
when fishing recreationally), effective May 8 through December 31 (79 
FR 25707, May 6, 2014).
    The General category season was open January 1 through March 31, 
2015 (the ``January'' category time period), resumes on June 1, 2015, 
and continues through December 31, 2015. Unless changed, the General 
category daily retention limit would be the default retention limit of 
one large medium or giant BFT per vessel per day/trip (Sec.  
635.23(a)(2)). The General category default retention limit applies 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 General category limit 
from the default level of one large medium or giant BFT as follows: Two 
large medium or giant BFT for January (78 FR 77362, December 23, 2013), 
four large medium or giant BFT for June through August (79 FR 30745, 
May 29, 2014), and four large medium or giant BFT for September through 
December (79 FR 50854, August 26, 2014). NMFS adjusted the daily 
retention limit for the 2015 January subquota period from the default 
level of one large medium or giant BFT to three large medium or giant 
BFT (79 FR 77943, December 29, 2014). In that action, NMFS also 
transferred 21 mt of BFT quota from the December 2015 subquota to the 
January 2015 subquota period.

Adjustment of Daily Retention Limits

    In adjusting the daily retention limits in this action, NMFS 
considered the factors required by regulatory criteria, as discussed in 
more detail, below.
    Under Sec.  635.23(a)(4), NMFS may increase or decrease the General 
category daily retention limit of large medium and giant BFT over a 
range of zero to a maximum of five per vessel. Under Sec.  
635.23(b)(3), NMFS may increase or decrease the Angling category 
retention limit for any size class of BFT. Any adjustments to retention 
limits must be based on consideration of the relevant criteria provided 
under Sec.  635.27(a)(8), which include: The usefulness of information 
obtained from catches in the particular category for biological 
sampling and monitoring of the status of the stock; the catches of the 
particular category quota to date and the likelihood of closure of that 
segment of the fishery if no adjustment is made; the projected ability 
of the vessels fishing under the particular category quota to harvest 
the additional amount of BFT before the end of the fishing year; the 
estimated amounts by which quotas for other gear categories of the 
fishery might be exceeded; effects of the adjustment on BFT rebuilding 
and overfishing; effects of the adjustment on accomplishing the 
objectives of the fishery management plan; variations in 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. Recreational retention limits 
may be adjusted separately for specific vessel type, such as private 
vessels, headboats, or charter vessels.
    NMFS has considered these criteria and their applicability to the 
General category BFT retention limit for June-August 2015 and to the 
Angling category BFT retention limit for the remainder of 2015. These 
considerations include, but are not limited to, the following. 
Biological samples collected from BFT landed by recreational and 
commercial 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. A principal 
consideration is the objective of providing opportunities to harvest 
the full Angling category quota and the June--August General category 
subquota without exceeding them 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.'' It is also important that NMFS constrain landings to BFT 
subquotas both to adhere to the FMP quota allocations and to ensure 
that landings are as consistent as possible with the pattern of fishing 
mortality (e.g., fish caught at each age) that was assumed in the 
projections of stock rebuilding.
    NMFS also considered the fact that it is in the process of 
proposing a rule that would implement and give domestic effect to the 
2014 ICCAT recommendation on western Atlantic BFT management, which 
increased the U.S. BFT quota for 2015 and 2016 by 14 percent from the 
2014 level. The domestic subquotas to be proposed in that action would 
result from application of the allocation process established in 
Amendment 7 to the increased U.S. quota. As explained below, however, 
the retention limits being set in this action are not dependent on 
those quota increases.
    The currently codified Angling category quota is 168.6 mt (94.9 mt 
for school BFT, 69.8 mt for large school/small medium BFT, and 3.9 mt 
for large medium/giant BFT). If the proposed quota rule (discussed 
above) is finalized as proposed, the Angling category quota could be 
expected to increase to 195.2 mt (108.4 mt for school BFT, 82.3 mt for 
large school/small medium BFT, and 4.5 mt for large medium/giant BFT). 
The currently codified General category quota is 403 mt. Each of the 
General category time periods (``January,'' June through August, 
September, October

[[Page 27865]]

through November, and December) is allocated a portion of the annual 
General category quota. The codified June through August subquota is 
201.5 mt. Under the proposed quota rule NMFS is preparing, the General 
category quota would increase to 466.7 mt and the June through August 
General category subquota would increase to 233.3 mt.

Angling Category Daily Retention Limit Adjustment

    In addition to the considerations that apply to both the General 
and Angling category retention limit adjustments, described above, NMFS 
has considered the regulatory determination criteria and their 
applicability to the Angling category BFT retention limit. These 
considerations include, but are not limited to, the following. Under 
the Angling category limits in effect for 2014 (described above), 
Angling category landings were approximately 112 mt (62 percent of the 
182-mt subquota), with 24.7 mt of school BFT landed (26 percent of the 
94.9-mt school BFT subquota). Given that the landings fell short of the 
available quota, that additional quota is anticipated to be available 
this year as a result of the 2014 ICCAT recommendation, and considering 
the regulatory criteria above, NMFS has determined that the Angling 
category retention limit applicable to participants on HMS Angling and 
HMS Charter/Headboat category permitted vessels should be adjusted 
upwards from the default level. NMFS has also concluded that 
implementation of separate limits for private and charter/headboat 
vessels remains appropriate, recognizing the different nature, socio-
economic needs, and recent landings results of the two components of 
the recreational BFT fishery. For example, charter operators 
historically have indicated that a multi-fish retention limit is vital 
to their ability to attract customers. In addition, Large Pelagics 
Survey estimates indicate that charter/headboat BFT landings averaged 
approximately 30 percent of recent recreational landings for 2013 
through 2014, with the remaining 70 percent landed by private vessels.
    Therefore, for private vessels (i.e., those with HMS Angling 
category permits), the limit is one school BFT and one large school/
small medium BFT per vessel per day/trip (i.e., one BFT measuring 27 to 
less than 47 inches, and one BFT measuring 47 to less than 73 inches). 
For charter vessels (i.e., those with HMS Charter/Headboat permits), 
the limit is two school BFT and one large school/small medium BFT per 
vessel per day/trip when fishing recreationally for BFT (i.e., two BFT 
measuring 27 to less than 47 inches, and one BFT measuring 47 to less 
than 73 inches). These retention limits are effective in all areas, 
except for the Gulf of Mexico, where NMFS prohibits targeted fishing 
for BFT. Regardless of the duration of a fishing trip, the daily 
retention limit applies upon landing.
    NMFS anticipates that the BFT daily retention limits in this action 
will result in landings during 2015 that would not exceed the available 
subquotas (both those codified and as expected to be proposed). Lower 
retention limits could result in substantial underharvest of the 
codified Angling category subquota, and increasing the daily limits 
further may risk exceeding the available quota, contrary to the 
objectives of the 2006 Consolidated HMS FMP, as amended. Further 
increasing the school BFT retention limit for private and charter 
vessels could be possible without exceeding the annual school BFT 
subquota (both the amount currently codified and the amount that NMFS 
anticipates proposing in the quota rule shortly), given that the 2014 
Angling category landings represented 66 percent of the currently-
codified Angling category quota and 57 percent of the soon-to-be-
proposed Angling category quota. Nevertheless, NMFS has concluded that 
retention limits consistent with last year's remain appropriate given 
the need to not exceed the ICCAT tolerance limit on school BFT and 
other considerations, such as potential effort shifts to BFT fishing as 
a result of current, reduced recreational retention limits for New 
England groundfish and striped bass. NMFS will monitor 2015 landings 
closely and will make further adjustments, including closure if 
necessary, with an inseason action if warranted.

General Category Daily Retention Limit Adjustment

    In addition to the considerations that apply to both the General 
and Angling category retention limit adjustments, described above, NMFS 
has considered the regulatory determination criteria and their 
applicability to the General category BFT retention limit for the 
June--August 2015 General category fishery. These considerations 
include, but are not limited to, the following. Commercial-size BFT are 
anticipated to migrate to the fishing grounds off the northeast U.S. 
coast by early June. 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 (both the 
currently codified amount and the amount that will be proposed) 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 continue. During the June--August 2013 
period, under a three-fish limit, BFT landings were approximately 108 
mt (50 percent of the available subquota for that period). In the 
June--August 2014 period, under a four-fish limit, BFT landings were 
approximately 107 mt (49 percent of the subquota). For the entire 2014 
fishing year, 94.6 percent of the General category quota was filled.
    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 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, as amended. Therefore, NMFS increases the General 
category retention limit from the default limit to four large medium or 
giant BFT per

[[Page 27866]]

vessel per day/trip, effective June 1, 2015, through August 31, 2015.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example, during the June through August 
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 
four 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 targeting 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.
    These retention limit adjustments are 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; and to be consistent with the objectives of the 2006 
Consolidated HMS FMP, as amended. The adjustments are 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 are not expected to negatively impact stock health. The 
adjustments also are 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.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fisheries closely through the 
mandatory landings and catch reports. Dealers are required to submit 
landing reports within 24 hours of a dealer receiving BFT. General, HMS 
Charter/Headboat, Harpoon, and Angling category vessel owners are 
required to report the catch of all BFT retained or discarded dead, 
within 24 hours of the landing(s) or end of each trip, by accessing 
hmspermits.noaa.gov.
    HMS Angling and HMS Charter/Headboat category permit holders may 
catch and release (or tag and release) BFT of all sizes, subject to the 
requirements of the catch-and-release and tag-and-release programs at 
Sec.  635.26. Anglers are also reminded that all BFT that are released 
must be handled in a manner that will maximize survival, and without 
removing the fish from the water, consistent with requirements at Sec.  
635.21(a)(1). For additional information on safe handling, see the 
``Careful Catch and Release'' brochure available at www.nmfs.noaa.gov/sfa/hms/.
    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.

Purse Seine Category BFT Fishery Start Date

    Amendment 7 revised the fishery start date to be set annually by 
NMFS between June 1 and August 15. The start date was made more 
flexible to optimize fishing opportunity for Purse Seine category 
vessels and to minimize potential gear conflicts or the impacts of 
oversupply on the market.
    Under Sec.  635.27(a)(4), NMFS may start the Purse Seine category 
BFT fishery between June 1 and August 15. Annually, NMFS will make a 
determination when the Purse Seine category fishery will start, based 
on variations in seasonal distribution, abundance or migration patterns 
of BFT, cumulative and projected landings in other commercial fishing 
categories, the potential for gear conflicts on the fishing grounds, or 
market impacts due to oversupply. In the past, NMFS has received 
comments from fishermen that use commercial handgear expressing concern 
that purse seining activity may disrupt their ability to capture BFT at 
the surface (i.e., harpoon gear) if purse seining occurs early in the 
season (i.e., in the month of June) and for rod and reel fishing if the 
activities are concentrated later in the season (i.e., mid-July through 
the fall). NMFS has also received comments expressing concern about 
potential oversupply of the market by purse seine vessel(s) offloading 
a large amount of fish at once, and, as a result, lower ex-vessel 
prices, particularly early in the season (i.e., the month of June) when 
fish quality and prices tend to be lower.
    In 2004 through 2014, the Purse Seine category BFT fishery started 
on July 15 of each year (68 FR 74504, December 24, 2003). Since 2006, 
Purse Seine category landings have been low relative to available quota 
for the category, with no BFT harvested in 2008, 2010, and 2011.
    Based on these considerations, NMFS has determined that a 2015 
Purse Seine category BFT fishery start date of July 6 is warranted. The 
July 6 start date would alleviate issues with potential gear conflicts 
in June and early July (including over the July 4 holiday weekend) and 
concerns about market impacts caused by potential oversupply, thus 
balancing the needs of the Harpoon, General, and Purse Seine category 
fisheries. It would provide a reasonable opportunity to harvest the 
U.S. BFT quota, without exceeding it, while maintaining an equitable 
distribution of fishing opportunities; help achieve optimum yield in 
the Purse Seine category BFT fishery; and be consistent with the 
objectives of the 2006 Consolidated HMS FMP, as amended. Therefore, 
NMFS sets the purse seine fishery start date for July 6, 2015, through 
December 31, 2015.

Monitoring and Reporting

    NMFS will continue to monitor the Purse Seine category BFT fishery 
closely through the mandatory landings and catch reports. Consistent 
with the regulations implementing Amendment 7, purse seine vessel 
operators are required to use their vessel monitoring system (VMS) to 
report to NMFS as follows: For each purse seine set, as instructed by 
NMFS, the date and area of the set, and the length of all BFT retained 
(actual), and the length of all BFT discarded dead or alive 
(approximate), must be reported within 12 hours of the completion of 
the retrieval of each set.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP, as 
amended, provide for inseason 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. Based on available BFT quotas, fishery performance in 
recent years, the availability of BFT on the fishing grounds, among 
other considerations, adjustment to the General and Angling category 
BFT daily retention limits from the default levels is warranted. 
Analysis of available data shows that adjustment to the BFT daily 
retention limit from the default level would result in minimal

[[Page 27867]]

risks of exceeding the ICCAT-allocated quota. The regulations 
implementing the 2006 Consolidated HMS FMP, as amended, also provide 
the flexibility to set the Purse Seine category BFT fishery start date 
between June 1 and August 15 based on variations in seasonal 
distribution, abundance or migration patterns of BFT, cumulative and 
projected landings in other commercial fishing categories, the 
potential for gear conflicts on the fishing grounds, or market impacts 
due to oversupply. NMFS provides notification of retention limit 
adjustments and the purse seine fishery start date by publishing the 
notice in the Federal Register, emailing individuals who have 
subscribed to the Atlantic HMS News electronic newsletter, and updating 
the information posted on the Atlantic Tunas Information Line and on 
hmspermits.noaa.gov.
    Delays in increasing these retention limits would adversely affect 
those HMS General, Angling, and Charter/Headboat category vessels that 
would otherwise have an opportunity to harvest more than the default 
retention limit of one school, large school, or small medium BFT per 
day/trip for the Angling category, or one BFT per day/trip for the 
General category, and may exacerbate the problem of low catch rates and 
quota rollovers. In addition, delays in starting the Purse Seine 
category BFT fishery would adversely affect those purse seine vessels 
that would otherwise harvest BFT during that time. 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, as amended. Purse Seine category fishermen need 
sufficient advance notice of the specific start date of the fishery in 
order to plan fishing trips, including meeting VMS requirements and 
arranging for observer coverage. Adjustment of the General category 
retention limit needs to be effective June 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 not preclude fishing opportunities for fishermen who have access 
to the fishery only during this time period. In addition, fisheries 
under the Angling category daily retention limit are currently underway 
and delaying this action would be contrary to the public interest. 
Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive 
prior notice and the opportunity for public comment. For all of the 
above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 
30-day delay in effectiveness.
    This action is being taken under Sec. Sec.  635.23(a)(4), 
635.23(b)(3), and 635.27(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 12, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-11791 Filed 5-12-15; 4:15 pm]
 BILLING CODE 3510-22-P