Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 46516-46518 [2015-19156]

Download as PDF Lhorne on DSK7TPTVN1PROD with RULES 46516 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations IATTC recommendations for the conservation and management of highly migratory fish resources in the EPO. In 2013, the IATTC adopted Resolution C–13–01, which establishes an annual catch limit of bigeye tuna for longline vessels over 24 meters. For calendar years 2014, 2015, and 2016, the catch of bigeye tuna by longline gear in the IATTC Convention Area by fishing vessels of the United States that are over 24 meters in overall length is limited to 500 metric tons per year. With the approval of the DOS, NMFS implemented this catch limit by noticeand-comment rulemaking under the Act (79 FR 19487, April 9, 2014, and codified at 50 CFR 300.25). NMFS, through monitoring the retained catches of bigeye tuna using logbook data submitted by vessel captains and other available information from the longline fisheries in the IATTC Convention Area, has determined that the 2015 catch limit is expected to be reached by August 12, 2015. In accordance with 50 CFR 300.25(b), this Federal Register notice announces that the U.S. longline fishery for bigeye tuna in the IATTC Convention Area will be closed for vessels over 24 meters in overall length starting on August 12, 2015, through the end of the 2015 calendar year. The 2016 fishing year is scheduled to open on January 1, 2016. The bigeye tuna catch limit for longline vessels over 24 meters in overall length will again be 500 metric tons for 2016. During the closure, a U.S. fishing vessel over 24 meters in overall length may not be used to retain on board, transship, or land bigeye tuna captured by longline gear in the IATTC Convention Area, except as follows: • Any bigeye tuna already on board a fishing vessel on August 12, 2015, may be retained on board, transshipped, and/ or landed, to the extent authorized by applicable laws and regulations, provided all bigeye tuna are landed within 14 days after the effective date of this rule, that is, no later than August 26, 2015. • In the case of a vessel that has declared to NMFS that the current trip type is shallow-set longlining, the 14day limit to land all bigeye in the previous paragraph is waived. However, the prohibition on any additional retention of bigeye tuna still applies as of August 12, 2015. Other prohibitions during the closure include the following: • Bigeye tuna caught by a United States vessel over 24 meters in overall length with longline gear in the IATTC Convention Area may not be transshipped to a fishing vessel unless that fishing vessel is operated in VerDate Sep<11>2014 14:23 Aug 04, 2015 Jkt 235001 compliance with a valid permit issued under 50 CFR 660.707 or 665.801.1 • A fishing vessel of the United States over 24 meters in overall length, that is not on a declared shallow-set longline trip, may not be used to fish in the Pacific Ocean using longline gear both inside and outside the IATTC Convention Area during the same fishing trip, with the exception of a fishing trip that was already in progress when the prohibitions were put into effect. • If a vessel over 24 meters in overall length, that is not on a declared shallow-set longline trip, is used to fish in the Pacific Ocean using longline gear outside the IATTC Convention Area, and the vessel enters the IATTC Convention Area at any time during the same fishing trip, the longline gear on the fishing vessel must be stowed in a manner so as not to be readily available for fishing. Specifically, the hooks, branch lines, and floats must be stowed and not available for immediate use, and any power-operated mainline hauler on deck must be covered in such a manner that it is not readily available for use. This action is required by 50 CFR 300.25(b) and is exempt from review under Executive Order 12866. Classification NMFS is transferring 40 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Harpoon category. With this transfer, the adjusted Harpoon category quota for the 2015 fishing season is 73.4 mt. The 2015 Harpoon category fishery is open until November 15, 2015, or until the Harpoon category quota is reached, whichever comes first. The action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas Harpoon category (commercial) permitted vessels. DATES: Effective July 31, 2015, through November 15, 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 1 In 50 CFR 300.25(b)(4)(ii), the reference to § 665.21 is outdated. The former 50 CFR 665.21 has been recodified to § 665.801. Frm 00032 Fmt 4700 Dated: July 31, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–19230 Filed 7–31–15; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 120328229–4949–02] RIN 0648–XE079 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason quota transfer. AGENCY: SUMMARY: NMFS has determined there is good cause to waive prior notice and opportunity for public comment pursuant to 5 U.S.C. 553(b)(B). This action is based on the best available information and is necessary for the conservation and management of bigeye tuna. Compliance with the notice and comment requirement would be impracticable and contrary to the public interest because NMFS would be unable to ensure that the 2015 bigeye tuna catch limit applicable to longline vessels over 24 meters is not exceeded. The annual catch limit is an important mechanism to ensure that the United States complies with its international obligations in preventing overfishing and managing the fishery at optimum yield. Moreover, NMFS previously solicited, and considered, public comments on the rule that established the catch limit (79 FR 19487, April 9, 2014), including a provision for issuing a notice to close the fishery, if necessary, to prevent exceeding the catch limit. For the same reasons, NMFS has also determined there is good cause to waive the requirement for a 30-day delay in effectiveness under 5 U.S.C. 553(d)(3). PO 00000 Authority: 16 U.S.C. 951 et seq. Sfmt 4700 E:\FR\FM\05AUR1.SGM 05AUR1 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations Lhorne on DSK7TPTVN1PROD with RULES categories, per the allocations established in the 2006 Consolidated Atlantic 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. 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, including base quotas of 33.4 mt for the Harpoon category and 21.4 mt for the Reserve category. See § 635.27(a). To date, NMFS has published two inseason quota transfers that have adjusted the available 2015 Reserve category quota, which currently is 74.8 mt (80 FR 7547, February 22, 2015 and 80 FR 45098, July 29, 2015). The 2015 Harpoon category fishery opened June 1 and is open through November 15, 2015, or until the Harpoon category quota is reached, whichever comes first. Inseason Transfer to the Harpoon Category Under § 635.27(a)(7), NMFS has the authority to allocate any portion of the Reserve category to any other category, other than the Angling category school BFT subquota (for which there is a separate reserve), after considering determination criteria provided under § 635.27(a)(8), which are: 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 VerDate Sep<11>2014 14:23 Aug 04, 2015 Jkt 235001 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 determination criteria regarding inseason adjustments and their applicability to the Harpoon category fishery. These considerations include, but are not limited to, the following: Biological samples collected from BFT landed by Harpoon 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. As of July 28, 2015, the Harpoon category has landed 33.1 mt. Without a quota transfer at this time, Harpoon category participants would have to stop BFT fishing activities with very short notice (i.e., 3 days after the date of filing of a closure notice with the Office of the Federal Register), while commercialsized BFT remain available in the areas Harpoon category permitted vessels operate. NMFS anticipates that the Harpoon category could harvest the transferred 40 mt prior to the end of the Harpoon category season, subject to weather conditions and BFT availability. As this action would be taken consistent with the quotas previously established and analyzed in Amendment 7 (79 FR 71510, December 2, 2014), 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 2015 U.S. BFT quota 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.’’ Based on all of these considerations, as well as the available quota, NMFS has determined that 40 mt of the available 74.8 mt of Reserve category quota should be transferred to the PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 46517 Harpoon category. The transfer 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 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 and its amendments. Therefore, NMFS adjusts the Harpoon category quota to 73.4 mt for the 2015 Harpoon category fishing season (i.e., through November 15, 2015, or until the Harpoon category quota is reached, whichever comes first). NMFS has considered the fact that it has published a proposed BFT quota 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 (80 FR 33467, June 12, 2015). The domestic subquotas proposed in that action would result from application of the allocation process established in Amendment 7 to the 2006 Consolidated HMS FMP to the increased U.S. quota, and would include an increase in the Harpoon category quota from the currently codified 33.4 mt to 38.6 mt. Although the proposed rule would increase the baseline Harpoon category quota by 5.2 mt, NMFS is transferring 40 mt at this time regardless of the proposed quota increase. 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. 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. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional 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. If needed, subsequent Harpoon category adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281–9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. E:\FR\FM\05AUR1.SGM 05AUR1 46518 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations 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 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 for the remainder of 2015 is impracticable and contrary to the public interest as such a delay would likely result in closure of the Harpoon fishery when the base quota is met and the need to re-open the fishery, with attendant administrative costs and costs to the fishery. The delay would preclude the fishery from harvesting BFT that are available on the fishing grounds and that might otherwise become unavailable during a delay. 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 50 CFR 635.27(a)(7) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: July 30, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–19156 Filed 7–31–15; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 141125999–5362–02] Lhorne on DSK7TPTVN1PROD with RULES RIN 0648–XE084 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Mid-Atlantic Access Area to General Category Individual Fishing Quota Scallop Vessels National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: VerDate Sep<11>2014 14:23 Aug 04, 2015 Jkt 235001 ACTION: Temporary rule; closure. NMFS announces that the Mid-Atlantic Scallop Access Area will close to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2015 fishing year. No vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Mid-Atlantic Scallop Access Area. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Mid-Atlantic Scallop Access Area will be taken. DATES: Effective 0001 hr local time, August 4, 2015, through February 29, 2016. SUMMARY: FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management Specialist, (978) 282–8456. SUPPLEMENTARY INFORMATION: The reader can find regulations governing fishing activity in the Sea Scallop Access Areas in 50 CFR648.59 and 648.60, which authorize vessels issued a valid Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit to fish in the Mid-Atlantic Scallop Access Area under specific conditions, including a total of 2,065 trips that may be taken by LAGC IFQ vessels during the 2015 fishing year. Section 648.60(g)(3)(iii) requires the Mid-Atlantic Scallop Access Area to be closed to LAGC IFQ permitted vessels for the remainder of the fishing year once the NMFS Greater Atlantic Regional Administrator determines that the allowed number of trips for fishing year 2015 are projected to be taken. Based on trip declarations by LAGC IFQ scallop vessels fishing in the MidAtlantic Scallop Access Area, and analysis of fishing effort, we project that 2,065 trips will be taken as of August 4, 2015. Therefore, in accordance with § 648.60(g)(3)(iii), the Mid-Atlantic Scallop Access Area is closed to all LAGC IFQ scallop vessels as of August 4, 2015. No vessel issued an LAGC IFQ permit may fish for, possess, or land scallops in or from the Mid-Atlantic Scallop Access Area after 0001 local time, August 4, 2015. Any LAGC IFQ vessel that has declared into the MidAtlantic Access Area scallop fishery, complied with all trip notification and observer requirements, and crossed the VMS demarcation line on the way to the area before 0001, August 4, 2015, may complete its trip. This closure is in effect for the remainder of the 2015 scallop fishing year. PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. The Mid-Atlantic Access Area opened for the 2015 fishing year on May 1, 2015. The regulations at § 648.60(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop vessels do not take more than their allocated number of trips in the Mid-Atlantic Scallop Access Area. The projections of the date on which the LAGC IFQ fleet will have taken all of its allocated trips in an Access Area become apparent only as trips into the area occur on a real-time basis and as activity trends begin to appear. As a result, an accurate projection only can be made very close in time to when the fleet has taken all of its trips. In addition, proposing a closure would likely increase activity, triggering an earlier closure than predicted. To allow LAGC IFQ scallop vessels to continue to take trips in the Mid-Atlantic Scallop Access Area during the period necessary to publish and receive comments on a proposed rule would likely result in vessels taking much more than the allowed number of trips in the MidAtlantic Scallop Access Area. Excessive trips and harvest from the Mid-Atlantic Scallop Access Area would result in excessive fishing effort in the area, where effort controls are critical, thereby undermining conservation objectives of the Atlantic Sea Scallop Fishery Management Plan and requiring more restrictive future management measures. Also, the public had prior notice and full opportunity to comment on this closure process when we put these provisions in place. NMFS further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: July 30, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–19150 Filed 7–31–15; 11:15 am] BILLING CODE 3510–22–P E:\FR\FM\05AUR1.SGM 05AUR1

Agencies

[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Rules and Regulations]
[Pages 46516-46518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19156]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120328229-4949-02]
RIN 0648-XE079


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 quota transfer.

-----------------------------------------------------------------------

SUMMARY: NMFS is transferring 40 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the Harpoon category. 
With this transfer, the adjusted Harpoon category quota for the 2015 
fishing season is 73.4 mt. The 2015 Harpoon category fishery is open 
until November 15, 2015, or until the Harpoon category quota is 
reached, whichever comes first. The action is based on consideration of 
the regulatory determination criteria regarding inseason adjustments, 
and applies to Atlantic tunas Harpoon category (commercial) permitted 
vessels.

DATES: Effective July 31, 2015, through November 15, 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

[[Page 46517]]

categories, per the allocations established in the 2006 Consolidated 
Atlantic 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.
    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, 
including base quotas of 33.4 mt for the Harpoon category and 21.4 mt 
for the Reserve category. See Sec.  635.27(a). To date, NMFS has 
published two inseason quota transfers that have adjusted the available 
2015 Reserve category quota, which currently is 74.8 mt (80 FR 7547, 
February 22, 2015 and 80 FR 45098, July 29, 2015).
    The 2015 Harpoon category fishery opened June 1 and is open through 
November 15, 2015, or until the Harpoon category quota is reached, 
whichever comes first.

Inseason Transfer to the Harpoon Category

    Under Sec.  635.27(a)(7), NMFS has the authority to allocate any 
portion of the Reserve category to any other category, other than the 
Angling category school BFT subquota (for which there is a separate 
reserve), after considering determination criteria provided under Sec.  
635.27(a)(8), which are: 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 determination criteria regarding inseason 
adjustments and their applicability to the Harpoon category fishery. 
These considerations include, but are not limited to, the following: 
Biological samples collected from BFT landed by Harpoon 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. As of July 28, 2015, the Harpoon 
category has landed 33.1 mt. Without a quota transfer at this time, 
Harpoon category participants would have to stop BFT fishing activities 
with very short notice (i.e., 3 days after the date of filing of a 
closure notice with the Office of the Federal Register), while 
commercial-sized BFT remain available in the areas Harpoon category 
permitted vessels operate. NMFS anticipates that the Harpoon category 
could harvest the transferred 40 mt prior to the end of the Harpoon 
category season, subject to weather conditions and BFT availability.
    As this action would be taken consistent with the quotas previously 
established and analyzed in Amendment 7 (79 FR 71510, December 2, 
2014), 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 2015 U.S. BFT quota 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.''
    Based on all of these considerations, as well as the available 
quota, NMFS has determined that 40 mt of the available 74.8 mt of 
Reserve category quota should be transferred to the Harpoon category. 
The transfer 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 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 and its amendments. Therefore, NMFS adjusts 
the Harpoon category quota to 73.4 mt for the 2015 Harpoon category 
fishing season (i.e., through November 15, 2015, or until the Harpoon 
category quota is reached, whichever comes first). NMFS has considered 
the fact that it has published a proposed BFT quota 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 (80 FR 33467, June 12, 
2015). The domestic subquotas proposed in that action would result from 
application of the allocation process established in Amendment 7 to the 
2006 Consolidated HMS FMP to the increased U.S. quota, and would 
include an increase in the Harpoon category quota from the currently 
codified 33.4 mt to 38.6 mt. Although the proposed rule would increase 
the baseline Harpoon category quota by 5.2 mt, NMFS is transferring 40 
mt at this time regardless of the proposed quota increase.

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. 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. Depending on the level of fishing effort and catch 
rates of BFT, NMFS may determine that additional 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. If needed, subsequent Harpoon category adjustments 
will be published in the Federal Register. In addition, fishermen may 
call the Atlantic Tunas Information Line at (978) 281-9260, or access 
hmspermits.noaa.gov, for updates on quota monitoring and inseason 
adjustments.

[[Page 46518]]

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 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 for the remainder of 2015 is impracticable 
and contrary to the public interest as such a delay would likely result 
in closure of the Harpoon fishery when the base quota is met and the 
need to re-open the fishery, with attendant administrative costs and 
costs to the fishery. The delay would preclude the fishery from 
harvesting BFT that are available on the fishing grounds and that might 
otherwise become unavailable during a delay. 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 50 CFR 635.27(a)(7) and is exempt 
from review under Executive Order 12866.

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

    Dated: July 30, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-19156 Filed 7-31-15; 4:15 pm]
 BILLING CODE 3510-22-P

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