Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 74997-74999 [2015-30464]
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Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XE335
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category bluefin tuna quota
transfer and retention limit adjustment.
AGENCY:
NMFS is transferring 80
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the General category for the
remainder of the 2015 fishing year. This
transfer results in an adjusted 2015
General category quota of 646.7 mt.
NMFS also is adjusting the Atlantic
tunas General category BFT daily
retention limit from four large medium
or giant BFT per vessel per day/trip to
three large medium or giant BFT per
vessel per day/trip for the remainder 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 November 25, 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 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
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DATES:
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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). 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.
Earlier this year, NMFS implemented
a final rule that increased the U.S. BFT
quota and subquotas per ICCAT
Recommendation 14–05 (80 FR 52198,
August 28, 2015). The base quota for the
General category is 466.7 mt. See
§ 635.27(a). Each of the General category
time periods (January, June through
August, September, October through
November, and December) is allocated a
portion of the annual General category
quota. Although it is called the
‘‘January’’ subquota, the regulations
allow the General category fishery under
this quota to continue until the
subquota is reached or March 31,
whichever comes first. Based on the
General category base quota of 466.7 mt,
the subquotas for each time period are
as follows: 24.7 mt for January; 233.3 mt
for June through August; 123.7 mt for
September; 60.7 mt for October through
November; and 24.3 mt for December.
Any unused General category quota
rolls forward within the fishing year,
which coincides with the calendar year,
from one time period to the next, and
is available for use in subsequent time
periods. To date this year, NMFS has
published four inseason quota transfers
that have adjusted and distributed the
available 2015 Reserve category quota
among other quota categories (80 FR
7547, February 22, 2015; 80 FR 45098,
July 29, 2015; 80 FR 46516, August 5,
2015; and 80 FR 68265, November 4,
2015). The Reserve category balance
currently is 82.1 mt. The adjusted
General category quota, following the
four inseason actions, is 566.7 mt.
Quota Transfer
The 2015 General category fishery
was open January 1, 2015, through
March 31, 2015, reopened June 1, 2015,
and remains open until December 31,
2015, or until the General category
quota is reached, whichever comes first.
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering determination criteria
provided under § 635.27(a)(8), including
five new criteria recently added in
Amendment 7. The determination
criteria 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
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74997
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 General category
fishery for the end of 2015, including,
but not limited to, the following:
Regarding the usefulness of information
obtained from catches in the particular
category for biological sampling and
monitoring of the status of the stock,
biological samples collected from BFT
landed by General category fishermen
and provided by tuna dealers continue
to provide NMFS with valuable parts
and data for ongoing scientific studies of
BFT age and growth, migration, and
reproductive status. Additional
opportunity to land BFT would support
the collection of a broad range of data
for these studies and for stock
monitoring purposes.
NMFS also considered the catches of
the General 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 bluefin tuna before the end of the
fishing year; and the estimated amounts
by which quotas for other gear
categories of the fishery might be
exceeded. General category landings in
the winter BFT fishery, which typically
begins in December or January each
year, are highly variable and depend on
availability of commercial-sized BFT to
participants. Commercial-sized BFT
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continue to be landed by General
category vessels.
Without a quota transfer at this time,
NMFS would have to close the 2015
General category fishery as the currently
available General category quota would
be reached shortly. As of November 20,
2015, the General category has landed
approximately 550 mt, or 97 percent of
its available 2015 quota of 566.7 mt.
Overall, approximately 79 percent of the
total of the commercial BFT subquotas
for 2015 has been harvested. NMFS will
need to account for 2015 landings and
dead discards within the adjusted U.S.
quota, consistent with ICCAT
recommendations, and anticipates
having sufficient quota to do that even
with this transfer. This quota transfer
would provide additional opportunities
to harvest the U.S. bluefin quota
without exceeding it, while preserving
the opportunity for General category
fishermen to participate in the winter
BFT fishery.
Another principal consideration is the
objective of providing opportunities to
harvest the full annual U.S. BFT quota
without exceeding it based on the goals
of the 2006 Consolidated HMS FMP and
Amendment 7, including to achieve
optimum yield on a continuing basis
and to optimize the ability of all permit
categories to harvest their full BFT
quota allocations. This transfer would
be consistent with the quotas recently
established and analyzed in the Atlantic
bluefin tuna quota final rule (80 FR
52198, August 28, 2015) and with
objectives of the 2006 Consolidated
HMS FMP and amendments, and is not
expected to negatively impact stock
health or to affect the stock in ways not
already analyzed in those documents.
Based on the considerations above,
NMFS is transferring 80 mt of Reserve
category quota to the General category
for the remainder of 2015, resulting in
adjusted General and Reserve category
quotas for 2015 of 646.7 mt and 2.1 mt,
respectively. NMFS will close the 2015
General category fishery when the
adjusted General category quota of 646.7
mt has been reached, or it will close
automatically on December 31, 2015.
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), and listed above. For the
2015 fishing year, NMFS adjusted the
daily retention limit from the default
level of one large medium or giant BFT
to three large medium or giant BFT for
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the January subquota period (79 FR
77943, December 29, 2014), which
closed March 31, 2015; and four large
medium or giant BFT for the June
through August period (80 FR 27863,
May 15, 2015) as well as the September,
October through November, and
December periods (80 FR 51959, August
27, 2015). NMFS has considered the
relevant criteria and their applicability
to the General category BFT retention
limit for the remainder of the fishing
year. These considerations include, but
are not limited to, the following:
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock, additional opportunity to land
bluefin tuna would support the
collection of a broad range of data for
the biological studies and for stock
monitoring purposes. Regarding the
effects of the adjustment on BFT
rebuilding and overfishing and the
effects of the adjustment on
accomplishing the objectives of the
fishery management plan, this action
would be taken consistent with the
previously implemented and analyzed
quotas, and it is not expected to
negatively impact stock health or
otherwise affect the stock in ways not
previously analyzed. It is also supported
by the Environmental Analysis for the
2011 final rule regarding General and
Harpoon category management
measures, which established the current
range over which NMFS may set the
General category daily retention limit
(i.e., from zero to five fish (76 FR 74003,
November 30, 2011)). As described
above, a principal consideration is the
objective of providing opportunities to
harvest the full annual U.S. BFT quota
without exceeding it based on the goals
of the 2006 Consolidated HMS FMP and
Amendment 7.
Based on these considerations, NMFS
has determined that a three-fish General
category retention limit is warranted for
the remainder of the year. It would
provide a reasonable opportunity to
harvest the U.S. quota of BFT without
exceeding it, while maintaining an
equitable distribution of fishing
opportunities, help optimize the ability
of the General category to harvest its
available quota, allow collection of a
broad range of data for stock monitoring
purposes, and be consistent with the
objectives of the 2006 Consolidated
HMS FMP and amendments. Therefore,
NMFS adjusts the General category
retention limit from four to three large
medium or giant BFT per vessel per
day/trip, effective November 25, 2015
through December 31, 2015.
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Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example (and specific
to the limit that will apply through the
end of the year), whether a vessel
fishing under the General category limit
takes a two-day trip or makes two trips
in one day, the day/trip limit of three
fish applies and may not be exceeded
upon landing. This General category
retention limit is effective in all areas,
except for the Gulf of Mexico, where
NMFS prohibits targeted fishing for
BFT, and applies to those vessels
permitted in the General category, as
well as to those HMS Charter/Headboat
permitted vessels fishing commercially
for BFT.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely. 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. 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 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.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
2006 Consolidated HMS FMP and
amendments provide for inseason
retention limit adjustments to respond
to the unpredictable nature of BFT
availability on the fishing grounds, the
migratory nature of this species, and the
regional variations in the BFT fishery.
Affording prior notice and opportunity
for public comment to implement the
quota transfer and daily retention limit
for the remainder of the year is
impracticable as NMFS is reacting as
quickly as possible to updated data and
information that then requires
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immediate action to be effective on the
fishing grounds. NMFS could not
effectively react to this data if, in
implementing the retention limit, it
allowed a public comment period,
which, as it relates to quota transfers,
would preclude fishermen from
harvesting BFT that are legally available
consistent with all of the regulatory
criteria.
Delays in adjusting the retention limit
may result in the available quota being
met or exceeded and NMFS needing to
close the fishery earlier than otherwise
would be necessary under a lower limit.
This could adversely affect those
General and HMS Charter/Headboat
category vessels that would otherwise
have an opportunity to harvest BFT
under retention limits set in response to
the most recent data available. Limited
opportunities to harvest the respective
quotas may have negative social and
economic impacts for U.S. fishermen
that depend upon catching the available
quota within the designated time
periods. Adjustment of the retention
limit needs to be effective as soon as
possible, to extend 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 635.27(a)(9), and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: November 25, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–30464 Filed 11–25–15; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
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[Docket No. 150413357–5999–02]
RIN 0648–XD898
Atlantic Highly Migratory Species;
2016 Atlantic Shark Commercial
Fishing Season
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; fishing season
notification.
This final rule establishes an
opening date of January 1, 2016, for all
Atlantic shark fisheries, including the
fisheries in the Gulf of Mexico. This
final rule also establishes the quotas for
the 2016 fishing season based on overand/or underharvests experienced
during 2015 and previous fishing
seasons. The large coastal shark (LCS)
retention limit for directed shark limited
access permit holders will start at 45
LCS other than sandbar sharks per trip
in the Gulf of Mexico region and at 36
LCS other than sandbar sharks per trip
in the Atlantic region. These retention
limits for directed shark limited access
permit holders may decrease or increase
during the year to provide, to the extent
practicable, fishing opportunities for
commercial shark fishermen in all
regions and areas. NMFS anticipates
that the retention limit in the Atlantic
region will likely increase to the default
limit of 45 LCS other than sandbar
sharks per trip around July 15, 2016,
subject to NMFS’ evaluation of the
inseason trip limit adjustment criteria.
These actions could affect fishing
opportunities for commercial shark
fishermen in the northwestern Atlantic
Ocean, including the Gulf of Mexico
and Caribbean Sea.
DATES: This rule is effective on January
1, 2016. The 2016 Atlantic commercial
shark fishing season opening dates and
quotas are provided in Table 1 under
SUPPLEMENTARY INFORMATION.
ADDRESSES: Highly Migratory Species
Management Division, 1315 East-West
Highway, Silver Spring, MD 20910.
´
FOR FURTHER INFORMATION CONTACT: Guy
DuBeck or Karyl Brewster-Geisz at 301–
427–8503.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Atlantic commercial shark
fisheries are managed under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006
Consolidated Highly Migratory Species
(HMS) Fishery Management Plan (FMP)
and its amendments are implemented
by regulations at 50 CFR part 635. For
the Atlantic commercial shark fisheries,
the 2006 Consolidated HMS FMP and
its amendments established, among
other things, commercial shark retention
limits, commercial quotas for species
and management groups, accounting
measures for under- and overharvests
for the shark fisheries, and adaptive
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74999
management measures such as flexible
opening dates for the fishing season and
inseason adjustments to shark trip
limits, which provide management
flexibility in furtherance of equitable
fishing opportunities, to the extent
practicable, for commercial shark
fishermen in all regions and areas.
On August 18, 2015 (80 FR 49974),
NMFS published a rule proposing the
2016 opening dates for the Atlantic
commercial shark fisheries and quotas,
based on shark landings information
reported as of July 15, 2015. The August
2015 proposed rule contains details that
are not repeated here. The comment
period on the proposed rule ended on
September 17, 2015.
During the comment period, NMFS
received several written and oral
comments on the proposed rule. Those
comments, along with the Agency’s
responses, are summarized below. As
further detailed in the Response to
Comments section, after considering all
the comments, NMFS is opening the
fishing seasons for all shark
management groups on January 1, 2016,
as proposed in the August 18, 2015,
proposed rule. For directed shark
limited access permit holders, the Gulf
of Mexico blacktip, aggregated LCS, and
hammerhead management groups will
start the fishing season with a retention
limit of 45 LCS other than sandbar
sharks per vessel per trip. The
aggregated LCS and hammerhead shark
management groups in the Atlantic
region will start the fishing season with
a retention limit of 36 LCS other than
sandbar sharks per vessel per trip for
directed shark limited access permit
holders, which is a change from the
proposed rule. Also, some of the quotas
have changed since the proposed rule,
based on updated landings information
as of October 16, 2015. The retention
limit for incidental shark limited access
permit holders has not changed and
remains at 3 LCS other than sandbar
sharks per trip and a combined total of
16 small coastal sharks (SCS) and
pelagic sharks, combined, per trip,
consistent with § 635.24(a)(3) and (4).
This final rule serves as notification of
the 2016 opening dates of the Atlantic
commercial shark fisheries and 2016
quotas, based on shark landings updated
as of October 16, 2015, pursuant to the
‘‘opening commercial fishing season’’
criteria at § 635.27(b)(3)(i) through (vii).
This action does not change the annual
base commercial quotas established
under the 2006 Consolidated HMS FMP
and its amendments for any shark
management group. Any such changes
would be performed through a separate
action. Rather, this action adjusts the
annual base commercial quotas for 2016
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]]>Agencies
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Rules and Regulations]
[Pages 74997-74999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30464]
[[Page 74997]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XE335
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category bluefin tuna quota
transfer and retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 80 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category for
the remainder of the 2015 fishing year. This transfer results in an
adjusted 2015 General category quota of 646.7 mt. NMFS also is
adjusting the Atlantic tunas General category BFT daily retention limit
from four large medium or giant BFT per vessel per day/trip to three
large medium or giant BFT per vessel per day/trip for the remainder 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 November 25, 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 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).
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.
Earlier this year, NMFS implemented a final rule that increased the
U.S. BFT quota and subquotas per ICCAT Recommendation 14-05 (80 FR
52198, August 28, 2015). The base quota for the General category is
466.7 mt. See Sec. 635.27(a). Each of the General category time
periods (January, June through August, September, October through
November, and December) is allocated a portion of the annual General
category quota. Although it is called the ``January'' subquota, the
regulations allow the General category fishery under this quota to
continue until the subquota is reached or March 31, whichever comes
first. Based on the General category base quota of 466.7 mt, the
subquotas for each time period are as follows: 24.7 mt for January;
233.3 mt for June through August; 123.7 mt for September; 60.7 mt for
October through November; and 24.3 mt for December. Any unused General
category quota rolls forward within the fishing year, which coincides
with the calendar year, from one time period to the next, and is
available for use in subsequent time periods. To date this year, NMFS
has published four inseason quota transfers that have adjusted and
distributed the available 2015 Reserve category quota among other quota
categories (80 FR 7547, February 22, 2015; 80 FR 45098, July 29, 2015;
80 FR 46516, August 5, 2015; and 80 FR 68265, November 4, 2015). The
Reserve category balance currently is 82.1 mt. The adjusted General
category quota, following the four inseason actions, is 566.7 mt.
Quota Transfer
The 2015 General category fishery was open January 1, 2015, through
March 31, 2015, reopened June 1, 2015, and remains open until December
31, 2015, or until the General category quota is reached, whichever
comes first.
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering
determination criteria provided under Sec. 635.27(a)(8), including
five new criteria recently added in Amendment 7. The determination
criteria 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 General category fishery for
the end of 2015, including, but not limited to, the following:
Regarding the usefulness of information obtained from catches in the
particular category for biological sampling and monitoring of the
status of the stock, biological samples collected from BFT landed by
General category fishermen and provided by tuna dealers continue to
provide NMFS with valuable parts and data for ongoing scientific
studies of BFT age and growth, migration, and reproductive status.
Additional opportunity to land BFT would support the collection of a
broad range of data for these studies and for stock monitoring
purposes.
NMFS also considered the catches of the General 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
bluefin tuna before the end of the fishing year; and the estimated
amounts by which quotas for other gear categories of the fishery might
be exceeded. General category landings in the winter BFT fishery, which
typically begins in December or January each year, are highly variable
and depend on availability of commercial-sized BFT to participants.
Commercial-sized BFT
[[Page 74998]]
continue to be landed by General category vessels.
Without a quota transfer at this time, NMFS would have to close the
2015 General category fishery as the currently available General
category quota would be reached shortly. As of November 20, 2015, the
General category has landed approximately 550 mt, or 97 percent of its
available 2015 quota of 566.7 mt. Overall, approximately 79 percent of
the total of the commercial BFT subquotas for 2015 has been harvested.
NMFS will need to account for 2015 landings and dead discards within
the adjusted U.S. quota, consistent with ICCAT recommendations, and
anticipates having sufficient quota to do that even with this transfer.
This quota transfer would provide additional opportunities to harvest
the U.S. bluefin quota without exceeding it, while preserving the
opportunity for General category fishermen to participate in the winter
BFT fishery.
Another principal consideration is the objective of providing
opportunities to harvest the full annual U.S. BFT quota without
exceeding it based on the goals of the 2006 Consolidated HMS FMP and
Amendment 7, including to achieve optimum yield on a continuing basis
and to optimize the ability of all permit categories to harvest their
full BFT quota allocations. This transfer would be consistent with the
quotas recently established and analyzed in the Atlantic bluefin tuna
quota final rule (80 FR 52198, August 28, 2015) and with objectives of
the 2006 Consolidated HMS FMP and amendments, and is not expected to
negatively impact stock health or to affect the stock in ways not
already analyzed in those documents.
Based on the considerations above, NMFS is transferring 80 mt of
Reserve category quota to the General category for the remainder of
2015, resulting in adjusted General and Reserve category quotas for
2015 of 646.7 mt and 2.1 mt, respectively. NMFS will close the 2015
General category fishery when the adjusted General category quota of
646.7 mt has been reached, or it will close automatically on December
31, 2015.
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), and listed above. For the
2015 fishing year, NMFS adjusted the daily retention limit from the
default level of one large medium or giant BFT to three large medium or
giant BFT for the January subquota period (79 FR 77943, December 29,
2014), which closed March 31, 2015; and four large medium or giant BFT
for the June through August period (80 FR 27863, May 15, 2015) as well
as the September, October through November, and December periods (80 FR
51959, August 27, 2015). NMFS has considered the relevant criteria and
their applicability to the General category BFT retention limit for the
remainder of the fishing year. These considerations include, but are
not limited to, the following:
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock, additional opportunity to land bluefin tuna would
support the collection of a broad range of data for the biological
studies and for stock monitoring purposes. Regarding the effects of the
adjustment on BFT rebuilding and overfishing and the effects of the
adjustment on accomplishing the objectives of the fishery management
plan, this action would be taken consistent with the previously
implemented and analyzed quotas, and it is not expected to negatively
impact stock health or otherwise affect the stock in ways not
previously analyzed. It is also supported by the Environmental Analysis
for the 2011 final rule regarding General and Harpoon category
management measures, which established the current range over which
NMFS may set the General category daily retention limit (i.e., from
zero to five fish (76 FR 74003, November 30, 2011)). As described
above, a principal consideration is the objective of providing
opportunities to harvest the full annual U.S. BFT quota without
exceeding it based on the goals of the 2006 Consolidated HMS FMP and
Amendment 7.
Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted for the remainder of
the year. It would provide a reasonable opportunity to harvest the U.S.
quota of BFT without exceeding it, while maintaining an equitable
distribution of fishing opportunities, help optimize the ability of the
General category to harvest its available quota, allow collection of a
broad range of data for stock monitoring purposes, and be consistent
with the objectives of the 2006 Consolidated HMS FMP and amendments.
Therefore, NMFS adjusts the General category retention limit from four
to three large medium or giant BFT per vessel per day/trip, effective
November 25, 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 limit that
will apply through the end of the year), whether a vessel fishing under
the General category limit takes a two-day trip or makes two trips in
one day, the day/trip limit of three fish applies and may not be
exceeded upon landing. This General category retention limit is
effective in all areas, except for the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT, and applies to those vessels
permitted in the General category, as well as to those HMS Charter/
Headboat permitted vessels fishing commercially for BFT.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. 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. 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
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.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason retention limit adjustments to respond
to the unpredictable nature of BFT availability on the fishing grounds,
the migratory nature of this species, and the regional variations in
the BFT fishery. Affording prior notice and opportunity for public
comment to implement the quota transfer and daily retention limit for
the remainder of the year is impracticable as NMFS is reacting as
quickly as possible to updated data and information that then requires
[[Page 74999]]
immediate action to be effective on the fishing grounds. NMFS could not
effectively react to this data if, in implementing the retention limit,
it allowed a public comment period, which, as it relates to quota
transfers, would preclude fishermen from harvesting BFT that are
legally available consistent with all of the regulatory criteria.
Delays in adjusting the retention limit may result in the available
quota being met or exceeded and NMFS needing to close the fishery
earlier than otherwise would be necessary under a lower limit. This
could adversely affect those General and HMS Charter/Headboat category
vessels that would otherwise have an opportunity to harvest BFT under
retention limits set in response to the most recent data available.
Limited opportunities to harvest the respective quotas may have
negative social and economic impacts for U.S. fishermen that depend
upon catching the available quota within the designated time periods.
Adjustment of the retention limit needs to be effective as soon as
possible, to extend 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. Sec. 635.23(a)(4) and
635.27(a)(9), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: November 25, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-30464 Filed 11-25-15; 4:15 pm]
BILLING CODE 3510-22-P
