Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 51959-51961 [2015-21251]
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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
continue to be included in the under
$500,000 total. The quantity for the
modified item will remain ‘‘1’’ and be
reported with the original acquisition
cost of the item. If an item’s acquisition
cost is reduced by removal of
components so that its remaining
acquisition cost is under $500,000, it
shall be reported as under $500,000.
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*
*
*
*
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. The authority citation for 48 CFR
part 1852 is revised to read as follows:
Authority: 51 U.S.C. 20113(a) and 41
U.S.C. chapter 1.
7. Amend section 1852.245–70 by
revising the date of the clause,
paragraphs (b)(1)(iv) and (v), and the
date of the clause and introductory text
for Alternate I to read as follows:
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1852.245–70 Contractor requests for
Government-provided equipment.
*
*
*
*
CONTRACTOR REQUESTS FOR
GOVERNMENT–PROVIDED EQUIPMENT
AUG 2015
*
*
*
*
*
(b) * * *
(1) * * *
(iv) Combine requests for quantities of
items with identical descriptions and
estimated values when the estimated values
do not exceed $500,000 per unit; and
(v) Include only a single unit when the
acquisition or construction value equals or
exceeds $500,000.
*
*
*
*
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ALTERNATE I
AUG 2015
As prescribed in 1845.107–70(a)(2), add
the following paragraph (e).
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*
*
1852.245–78
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*
[Amended]
8. Amend section 1852.245–78 by
removing ‘‘JAN 2011’’ and adding ‘‘AUG
2015’’ in its place and in paragraph (a)
removing ‘‘100,000’’ and adding
‘‘500,000’’ in its place.
■
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[FR Doc. 2015–21101 Filed 8–26–15; 8:45 am]
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National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 120328229–4949–02]
RIN 0648–XE095
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category retention limit
adjustment.
AGENCY:
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DEPARTMENT OF COMMERCE
NMFS is adjusting the
Atlantic bluefin tuna (BFT) General
category daily retention limit from the
default limit of one large medium or
giant BFT to four large medium or giant
BFT for the September, October through
November, and December subquota time
periods of the 2015 fishing year. This
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments, and
applies to Atlantic tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels when fishing commercially for
BFT.
SUMMARY:
Effective September 1, 2015,
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 Atlantic
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
DATES:
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51959
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
§ 635.27(a). The currently codified
General category quota is 403 mt. 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. The
codified baseline General category
subquotas include 106.8 mt for
September, 52.4 mt for October through
November, and 21 mt for December.
NMFS transferred 21 mt of BFT quota
from the December 2015 subquota to the
January 2015 subquota period (79 FR
77943, December 29, 2014).
Unless changed, the General category
daily retention limit starting on
September 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 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 in the same action as the 21-mt
transfer from the December 2015
subquota period to the January 2015
subquota period described above (79 FR
77943, December 29, 2014). For the June
through August 2015 subquota period,
NMFS adjusted the daily retention limit
to four large medium or giant BFT (80
FR 27863, May 15, 2015).
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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
Adjustment of General Category Daily
Retention Limit
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
five per vessel based on consideration of
the relevant criteria provided under
§ 635.27(a)(8), which 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 these criteria
and their applicability to the General
category BFT retention limit for
September through December 2015.
These include, but are not limited to,
the following considerations: Biological
samples collected from BFT landed by
General category fishermen and
provided by BFT dealers continue to
provide NMFS with valuable 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 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
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opportunities to harvest the full 2015
General category 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.’’ 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
has prepared a final 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 (proposed
rule: 80 FR 33467, June 12, 2015; final
rule expected to file with the Office of
the Federal Register in late August and
be effective in late September 2015).
The domestic subquotas in that action
would result from application of the
allocation process established in
Amendment 7 to the increased U.S.
quota, and would include an increase in
the General category quota from the
currently codified 403 mt to 466.7 mt.
As explained below, however, the
retention limits being set in this action
are not dependent on those quota
increases.
Commercial-sized BFT migrated to
the fishing grounds off New England by
early June and are actively being landed.
As of August 14, 2015, 141.5 mt of the
2015 General category quota of 403 mt
have been landed, and landings rates
remain at approximately 1 mt per day.
Given the rollover of unused quota from
one time period to the next, current
catch rates, and the fact that the daily
retention limit will automatically revert
to one large medium or giant BFT per
vessel per day on September 1, 2015,
absent agency action, NMFS anticipates
the full 2015 General category quota
may not be harvested. In September
through December 2014, under a fourfish limit, BFT landings were
approximately 268.4 mt. For the entire
2014 fishing year, 94.6 percent of the
available 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
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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 subquota time period to the next.
However, increasing the daily limit to
five fish may risk exceeding the
available General category quota.
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 September through December.
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. BFT quota, 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, as
amended. Therefore, NMFS increases
the General category retention limit
from the default limit (one) to four large
medium or giant BFT per vessel per
day/trip, effective September 1, 2015,
through December 31, 2015.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example (and specific
to the September through December
2015 limit), whether a vessel fishing
under the General category limit takes a
two-day trip or makes two trips in one
day, the daily limit of four fish may not
be exceeded upon landing. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico,
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.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely through the
landings and catch reports. Dealers are
required to submit landing reports
within 24 hours of a dealer receiving
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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 retention limit adjustment or
closure is necessary to ensure available
quota is not exceeded or to enhance
scientific data collection from, and
fishing opportunities in, all geographic
areas.
Closures or subsequent adjustments to
the daily retention limits, if any, will be
published in the Federal Register. In
addition, fishermen may call the
Atlantic Tunas Information Line at (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, 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 category BFT
daily retention limit from the default
level is warranted. Analysis of available
data shows that adjustment to the BFT
daily retention limit from the default
level would result in minimal risks of
exceeding the ICCAT-allocated quota.
NMFS provides notification of retention
limit adjustments 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
General and Charter/Headboat category
vessels that would otherwise have an
opportunity to harvest more than the
default retention limit of one BFT per
day/trip and may exacerbate the
problem of low catch rates and quota
rollovers. Limited opportunities to
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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.
Adjustment of the retention limit needs
to be effective September 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 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
§ 635.23(a)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–21251 Filed 8–24–15; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 141021887–5172–02]
RIN 0648–XE143
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS is reallocating the
projected unused amounts of the Aleut
Corporation’s pollock directed fishing
allowance from the Aleutian Islands
subarea to the Bering Sea subarea
directed fisheries. This action is
necessary to provide opportunity for
harvest of the 2015 total allowable catch
of pollock, consistent with the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area.
SUMMARY:
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51961
Effective 1200 hrs, Alaska local
time (A.l.t.), August 27, 2015, until 2400
hrs, A.l.t., December 31, 2015.
DATES:
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council (Council)
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
In the Aleutian Islands subarea, the
portion of the 2015 pollock total
allowable catch (TAC) allocated to the
Aleut Corporation’s directed fishing
allowance (DFA) is 12,146 metric tons
(mt) as established by the final 2015 and
2016 harvest specifications for
groundfish in the BSAI (80 FR 11919,
March 5, 2015), and through
reallocation (80 FR 15695, March 25,
2015).
As of August 19, 2015, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that 10,000 metric tons (mt)
of Aleut Corporation’s DFA will not be
harvested. Therefore, in accordance
with § 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 10,000 mt of Aleut
Corporation’s DFA from the Aleutian
Islands subarea to the 2015 Bering Sea
subarea allocations. The 10,000 mt of
pollock is apportioned to the AFA
Inshore sector (50 percent), AFA
catcher/processor sector (40 percent),
and the AFA mothership sector (10
percent). The 2015 Bering Sea pollock
incidental catch allowance remains at
47,160 mt. As a result, the harvest
specifications for pollock in the
Aleutian Islands subarea included in the
final 2015 and 2016 harvest
specifications for groundfish in the
BSAI (80 FR 11919, March 5, 2015), and
revised (80 FR 15695, March 25, 2015),
are further revised as follows: 2,146 mt
to Aleut Corporation’s DFA.
Furthermore, pursuant to § 679.20(a)(5),
Table 4 of the final 2015 and 2016
harvest specifications for groundfish in
the BSAI (80 FR 11919, March 5, 2015),
and revised (80 FR 15695, March 25,
2015), is further revised as follows to
make 2015 pollock allocations
consistent with this reallocation. This
reallocation results in an adjustment to
the 2015 Aleut Corporation allocation
established at § 679.20(a)(5).
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51959-51961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21251]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120328229-4949-02]
RIN 0648-XE095
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category retention limit
adjustment.
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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General
category daily retention limit from the default limit of one large
medium or giant BFT to four large medium or giant BFT for the
September, October through November, and December subquota time periods
of the 2015 fishing year. This action is based on consideration of the
regulatory determination criteria regarding inseason adjustments, and
applies to Atlantic tunas General category (commercial) permitted
vessels and Highly Migratory Species (HMS) Charter/Headboat category
permitted vessels when fishing commercially for BFT.
DATES: Effective September 1, 2015, 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 Atlantic 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 currently codified General category quota is 403
mt. 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. The codified
baseline General category subquotas include 106.8 mt for September,
52.4 mt for October through November, and 21 mt for December. NMFS
transferred 21 mt of BFT quota from the December 2015 subquota to the
January 2015 subquota period (79 FR 77943, December 29, 2014).
Unless changed, the General category daily retention limit starting
on September 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 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 in the same action as the 21-mt transfer from the December 2015
subquota period to the January 2015 subquota period described above (79
FR 77943, December 29, 2014). For the June through August 2015 subquota
period, NMFS adjusted the daily retention limit to four large medium or
giant BFT (80 FR 27863, May 15, 2015).
[[Page 51960]]
Adjustment of General Category Daily Retention Limit
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8), which 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 these criteria and their applicability to the
General category BFT retention limit for September through December
2015. These include, but are not limited to, the following
considerations: Biological samples collected from BFT landed by General
category fishermen and provided by BFT dealers continue to provide NMFS
with valuable 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 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 General category 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.'' 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 has prepared a final 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
(proposed rule: 80 FR 33467, June 12, 2015; final rule expected to file
with the Office of the Federal Register in late August and be effective
in late September 2015). The domestic subquotas in that action would
result from application of the allocation process established in
Amendment 7 to the increased U.S. quota, and would include an increase
in the General category quota from the currently codified 403 mt to
466.7 mt. As explained below, however, the retention limits being set
in this action are not dependent on those quota increases.
Commercial-sized BFT migrated to the fishing grounds off New
England by early June and are actively being landed. As of August 14,
2015, 141.5 mt of the 2015 General category quota of 403 mt have been
landed, and landings rates remain at approximately 1 mt per day. Given
the rollover of unused quota from one time period to the next, current
catch rates, and the fact that the daily retention limit will
automatically revert to one large medium or giant BFT per vessel per
day on September 1, 2015, absent agency action, NMFS anticipates the
full 2015 General category quota may not be harvested. In September
through December 2014, under a four-fish limit, BFT landings were
approximately 268.4 mt. For the entire 2014 fishing year, 94.6 percent
of the available 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 subquota time period to the
next. However, increasing the daily limit to five fish may risk
exceeding the available General category quota. 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 September through December. 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. BFT quota, 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, as
amended. Therefore, NMFS increases the General category retention limit
from the default limit (one) to four large medium or giant BFT per
vessel per day/trip, effective September 1, 2015, through December 31,
2015.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the September
through December 2015 limit), whether a vessel fishing under the
General category limit takes a two-day trip or makes two trips in one
day, the daily limit of four fish may not be exceeded upon landing.
This General category retention limit is effective in all areas, except
for the Gulf of Mexico, 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.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely through the
landings and catch reports. Dealers are required to submit landing
reports within 24 hours of a dealer receiving
[[Page 51961]]
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
retention limit adjustment or closure is necessary to ensure available
quota is not exceeded or to enhance scientific data collection from,
and fishing opportunities in, all geographic areas.
Closures or subsequent adjustments to the daily retention limits,
if any, will be published in the Federal Register. In addition,
fishermen may call the Atlantic Tunas Information Line at (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, 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 category BFT daily
retention limit from the default level is warranted. Analysis of
available data shows that adjustment to the BFT daily retention limit
from the default level would result in minimal risks of exceeding the
ICCAT-allocated quota. NMFS provides notification of retention limit
adjustments 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 General and Charter/Headboat category vessels that would
otherwise have an opportunity to harvest more than the default
retention limit of one BFT per day/trip and may exacerbate the problem
of low catch rates and quota rollovers. Limited opportunities to
harvest the respective quotas may have negative social and economic
impacts for U.S. fishermen that depend upon catching the available
quota within the time periods designated in the 2006 Consolidated HMS
FMP, as amended. Adjustment of the retention limit needs to be
effective September 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 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 Sec. 635.23(a)(4) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: August 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-21251 Filed 8-24-15; 4:15 pm]
BILLING CODE 3510-22-P
