Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 77264-77267 [2015-31384]
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77264
Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations
Polymer
CAS No.
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Fatty acids, C18-unsatd., dimers, polymers with ethylenediamine and stearyl alcohol, minimum number average molecular
weight (in amu) 1,400 ......................................................................................................................................................................
Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with ethylenediamine, neopentyl glycol and stearyl alcohol, minimum
number average molecular weight (in amu) 1,400 ..........................................................................................................................
Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with ethylenediamine and stearyl alcohol, minimum number average
molecular weight (in amu) 1,400 .....................................................................................................................................................
Fatty acids, C18-unsatd., dimers, polymers with 1-docosanol and ethylenediamine, minimum number average molecular weight
(in amu) 1,400 ..................................................................................................................................................................................
Fatty acids, C18-unsatd., dimers, polymers with cetyl alcohol, neopentyl glycol and trimethylenediamine, minimum number average molecular weight (in amu) 1,400 ..............................................................................................................................................
Fatty acids, C18-unsatd., dimers, polymers with hexamethylenediamine and stearyl alcohol, minimum number average molecular
weight (in amu) 1,400 ......................................................................................................................................................................
Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with cetyl alcohol and ethylenediamine, minimum number average
molecular weight (in amu) 1,400 .....................................................................................................................................................
Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with neopentyl glycol, stearyl alcohol and trimethylenediamine, minimum number average molecular weight (in amu) 1,400 ................................................................................................................
Fatty acids, C18-unsatd., dimers, polymers with 1-docosanol and trimethylenediamine, minimum number average molecular
weight (in amu) 1,400 ......................................................................................................................................................................
Fatty acids, C18-unsatd., dimers, polymers with 1-docosanol, hexamethylenediamine and neopentyl glycol, minimum number average molecular weight (in amu) 1,400 ...........................................................................................................................................
Fatty acids, C18-unsatd., dimers, polymers with docosanoic acid, 1,3-propanediol and sorbitol, minimum number average molecular weight (in amu) 1,400 ...............................................................................................................................................................
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[FR Doc. 2015–30924 Filed 12–11–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XE327
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 24.3
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the General category
December 2016 subquota period to the
January 2016 subquota period (from
January 1 through March 31, 2016, or
until the available subquota for this
period is reached, whichever comes
first). NMFS also is adjusting the
Atlantic tunas General category BFT
daily retention limit for the January
2016 subquota period to three large
medium or giant BFT from the default
retention limit of one. This action is
based on consideration of the regulatory
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SUMMARY:
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determination criteria regarding
inseason adjustments and applies to
Atlantic tunas General category
(commercial) permitted vessels and
Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels when fishing commercially for
BFT.
DATES: The quota transfer is effective
January 1, 2016. The General category
retention limit adjustment is effective
January 1, 2016, through March 31,
2016.
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
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and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
Inseason Transfer to the General
Category
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.
Quota Transfer
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
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Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations
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
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 January 2016 subquota
period, 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
(including during the winter fishery in
the last several years), 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
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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 are
highly variable and depend on
availability. Commercial-sized BFT tuna
are typically available in January and
may continue to be through March.
Without a quota transfer from
December 2016 to January 2016 for the
General category at this time, the quota
available for the January through March
2016 period would be 24.7 mt (5.3
percent of the General category quota),
and participants would have to stop
BFT fishing activities once that amount
is met, while commercial-sized BFT
may remain available in the areas where
General category permitted vessels
operate. Transferring the 24.3-mt quota
available for December 2016 (5.2
percent of the General category quota)
would result in 49 mt (10.5 percent of
the General category quota) being
available for the January subquota
period. This quota transfer would
provide additional opportunities to
harvest the U.S. BFT 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 BFT
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.
NMFS also anticipates that some
underharvest of the 2015 adjusted U.S.
BFT quota will be carried forward to
2016 to the Reserve category, in
accordance with the regulations
implementing Amendment 7. This, in
addition to the fact that any unused
General category quota will roll forward
to the next subperiod within the
calendar year, makes it possible that
General category quota will remain
available through the end of 2016 for
December fishery participants, even
with the quota transfer. NMFS also may
choose to transfer unused quota from
the Reserve or other categories,
inseason, based on consideration of the
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77265
determination criteria, as NMFS did for
late 2015 (80 FR 68265, November 4,
2015; 80 FR 74997, December 1, 2015).
Therefore, NMFS anticipates that
General category participants in all
areas and time periods will have
opportunities to harvest the General
category quota. Thus, this quota transfer
would allow fishermen to take
advantage of the availability of fish on
the fishing grounds, consider the
expected increases in available 2016
quota later in the year, and provide a
reasonable opportunity to harvest the
full U.S. BFT quota.
Based on the considerations above,
NMFS is transferring 24.3 mt of General
category quota allocated for the
December 2016 period to the January
2016 period, resulting in a subquota of
49 mt for the January 2016 period and
a subquota of 0 mt for the December
period. NMFS will close the General
category January fishery when the
adjusted January period subquota of 49
mt has been reached, or it will close
automatically on March 31, 2016,
whichever comes first, and it will
remain closed until the General category
fishery reopens on June 1, 2016.
Adjustment of General Category Daily
Retention Limit
Unless changed, the General category
daily retention limit starting on January
1 would be the default retention limit of
one large medium or giant BFT
(measuring 73 inches (185 cm) curved
fork length (CFL) or greater) per vessel
per day/trip (§ 635.23(a)(2)). This
default retention limit would apply to
General category permitted vessels and
to HMS Charter/Headboat category
permitted vessels when fishing
commercially for BFT. For the 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; four large medium or
giant BFT for the June through August
period (80 FR 27863, May 15, 2015) as
well as September 1 through November
27, 2015 (80 FR 51959, August 27,
2015); and three large medium or giant
BFT for November 28 through December
31, 2015, or until the available General
category quota is reached, whichever
comes first (80 FR 74997, December 1,
2015).
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
five per vessel based on consideration of
the relevant criteria provided under
§ 635.27(a)(8), and listed above. NMFS
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Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations
has considered the relevant criteria and
their applicability to the General
category BFT retention limit for the
January 2016 subquota period. These
considerations include, but are not
limited to, the following:
As described above with regard to the
quota transfer, additional opportunity to
land BFT would support the collection
of a broad range of data for the
biological studies and for stock
monitoring purposes. 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 BFT 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, as 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 increased the General
category maximum daily retention limit
from three to five fish (76 FR 74003,
November 30, 2011).
Regarding 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, in
2012, 2013, and 2014, the available
January subquota (23.1 mt) was reached
on January 22, February 15, and March
21, respectively, under a limit of two
large medium or giant BFT, and in each
of these years the General category did
not reach its available quota by the end
of the year. For 2015, the adjusted
January subquota of 45.7 (reflecting the
first of the inseason actions described
above as well as implementation of the
final BFT quota rule) was not met under
a daily retention limit of three large
medium or giant BFT.
As noted above, commercial-sized
BFT are typically available in January
and may continue to be through March.
Considering this information and the
transfer of the December 2016 subquota
to the quota for the January 2016 time
period (for an adjusted total of 49 mt),
the default one-fish limit likely would
be overly restrictive. Increasing the
daily retention limit from the default
may mitigate rolling an excessive
amount of unused quota from one timeperiod subquota to the next and thus
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help maintain an equitable distribution
of fishing opportunities. Although
NMFS has the authority to set the daily
retention limit to up to five fish, the rate
of harvest of the January subquota could
be accelerated under a high limit (and
higher fish availability), and result in a
relatively short fishing season. A short
fishing season may preclude or reduce
fishing opportunities for some
individuals or geographic areas because
of the migratory nature and seasonal
distribution of BFT.
Based on these considerations, NMFS
has determined that a three-fish General
category retention limit is warranted for
the January 2016 subquota. It would
provide a reasonable opportunity to
harvest the U.S. quota of BFT without
exceeding it, while maintaining an
equitable distribution of fishing
opportunities, help optimize the ability
of the General category to harvest its full
quota, allow collection of a broad range
of data for stock monitoring purposes,
and be consistent with the objectives of
the 2006 Consolidated HMS FMP and
amendments. Therefore, NMFS
increases the General category retention
limit from the default limit (one) to
three large medium or giant BFT per
vessel per day/trip, effective January 1,
2016, through March 31, 2016, or until
the 49-mt January subquota is harvested,
whichever comes first.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example, during the
January 2016 subquota period, whether
a vessel fishing under the General
category limit takes a two-day trip or
makes two trips in one day, the day/trip
limit of three fish applies and may not
be exceeded upon landing. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico,
where NMFS prohibits targeted fishing
for BFT, and applies to those vessels
permitted in the General category, as
well as to those HMS Charter/Headboat
permitted vessels fishing commercially
for BFT.
Monitoring and Reporting
NMFS will continue to monitor the
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
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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 January 2016 subquota time
period is impracticable. NMFS could
not have proposed these actions earlier,
as it needed to consider and respond to
updated data and information from the
2015 General category fishery, including
during late 2015, in deciding to transfer
the December 2016 quota to the January
2016 subquota period and selecting the
appropriate retention limit for the
January 2016 subquota period. If NMFS
was to offer a public comment period
now, after having appropriately
considered that data, it would preclude
fishermen from harvesting BFT that are
legally available consistent with all of
the regulatory criteria, and/or could
result in selection of a retention limit
inappropriately high for the amount of
quota available for the period.
Delays in increasing the daily
retention limit would adversely affect
those General and HMS Charter/
Headboat category vessels that would
otherwise have an opportunity to
harvest more than the default retention
limit of one BFT per day/trip and may
exacerbate the problem of low catch
rates and quota rollovers. Limited
opportunities to harvest the respective
quotas may have negative social and
economic impacts for U.S. fishermen
that depend upon catching the available
quota within the designated time
periods. Adjustment of the retention
limit needs to be effective January 1,
2016, or as soon as possible thereafter,
to minimize any unnecessary disruption
in fishing patterns, to allow the
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impacted sectors to benefit from the
adjustment, and to provide fishing
opportunities for fishermen in
geographic areas with access to the
fishery only during this time period.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For these reasons, there is
good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under
§§ 635.23(a)(4) and 635.27(a)(9), and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 9, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–31384 Filed 12–11–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 140703553–5999–02]
RIN 0648–BE29
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Trawl
Rationalization Program; Midwater
Trawl Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule clarifies the
regulatory requirements for vessels
using midwater trawl gear in the Pacific
Coast Groundfish Fishery Shorebased
Individual Fishing Quota Program. This
action is needed to eliminate
inconsistencies and reduce confusion in
the current regulations. For vessels
targeting Pacific whiting, the action
clarifies that the retention of prohibited
and protected species is allowed until
landing. The disposition of prohibited
and protected species is specified
consistent with the Pacific Coast
Groundfish Fishery Management Plan
(groundfish FMP), the Pacific Coast
Salmon Fishery Management Plan
(salmon FMP), and other applicable law.
DATES: Effective January 13, 2016.
ADDRESSES: NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA),
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which is summarized in the
Classification section of this final rule.
NMFS also prepared an Initial
Regulatory Flexibility Analysis (IRFA)
for the proposed rule (Published in the
Federal Register on August 27, 2015; 80
FR 52015). Copies of the IRFA, FRFA
and the Small Entity Compliance Guide
are available from William W. Stelle, Jr.,
Regional Administrator, West Coast
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115–0070; or by
phone at 206–526–6150. Copies of the
Small Entity Compliance Guide are
available on the West Coast Region’s
Web site at
www.westcoast.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Becky Renko, 206–526–6110; (fax) 206–
526–6736; becky.renko@noaa.gov.
This
action amends the Pacific Coast
groundfish fishery regulations to
eliminate redundancies and
inconsistencies relating to the use of
midwater trawl gear in the Shorebased
Individual Fishing Quota Program
(Shorebased IFQ Program). The action is
consistent with policy decisions that the
Pacific Fishery Management Council
(Council) made during the
implementation of a trawl catch share
program under Amendment 20 to the
groundfish FMP.
Midwater trawl gear has primarily
been used to target Pacific whiting, but
can also be used to target other
groundfish species. Since
implementation of the Shorebased IFQ
Program in 2011, midwater trawl gear
has been increasingly used to target
non-whiting groundfish north of 40°10′
north latitude. South of 40°10′ north
latitude midwater trawling has been
allowed year round in waters deeper
than 150 fathoms (fm) for all target
species.
In anticipation of the trawl catch
share program, groundfish regulations
were restructured on October 1, 2010
(75 FR 60868). When the Shorebased
IFQ Program was implemented, the
midwater Pacific whiting shorebased
fishery and the bottom trawl fishery
were merged to create a single
Shorebased IFQ fishery. Many of the
pre-IFQ fishery management measures
relating to time and area management
were retained in the regulations for use
in the Shorebased IFQ Program.
However, integrating pre-IFQ
regulations with new regulations for the
Shorebased IFQ Program resulted in
inconsistencies and numerous unclear
and confusing management restrictions
relating to the use of midwater trawl
gear.
SUPPLEMENTARY INFORMATION:
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This final rule revises groundfish
regulations to clarify that midwater
trawl gear is required for vessels
targeting Pacific whiting during the
primary season north of 40°10′ north
latitude, and that midwater trawl gear is
allowed for vessels targeting nonwhiting species during the Pacific
whiting Shorebased IFQ Program
primary season. Restrictions that allow
midwater trawl to only be used by
vessels participating in the Pacific
whiting Shorebased IFQ fishery are
removed. The regulations are revised to
clarify that vessels using midwater trawl
gear, regardless of the target species, are
exempt from the trawl Rockfish
Conservation Area (RCA) restrictions in
the area north of 40°10′ north latitude
during the dates of the Pacific whiting
primary season. These changes allow
vessels using midwater trawl gear north
of 40°10′ north latitude to declare either
‘‘limited entry midwater trawl, nonwhiting shorebased IFQ’’ or ‘‘limited
entry midwater trawl, Pacific whiting
shorebased IFQ’’ consistent with the
target strategy. This action is expected
to add clarity to the regulations.
This action also revises the definition
of ‘‘Pacific whiting IFQ trip’’ consistent
with Appendix E of the groundfish
FMP, which details the Final Preferred
Alternative adopted under Amendment
20, and which is consistent with the
Environmental Impact Statement
analysis conducted in support of
Amendment 20. Appendix E defines
non-whiting landings as those with less
than 50 percent Pacific whiting by
weight.
Groundfish management includes
restrictions on the retention of certain
non-groundfish species, including
prohibited and protected species.
Prohibited species include all
salmonids, Pacific halibut, and
Dungeness crab off Oregon and
Washington. Protected species include
marine mammals, seabirds, sea turtles,
and species such as green sturgeon and
eulachon, which are listed under the
Endangered Species Act (ESA).
Generally, prohibited species must be
returned to the sea as soon as
practicable with a minimum of injury.
An exception to the retention
restrictions is made for tagged fish, or
when retention is authorized by other
applicable law. Pacific halibut may be
retained until landing by vessels in the
Pacific whiting fishery that do not sort
the catch at sea only pursuant to NMFS
donation regulations. Amendment 10 to
the groundfish FMP and Amendment 12
to the salmon FMP were revised to
allow salmon bycatch to be retained
until landing in cases where the Council
determines it is beneficial to the
E:\FR\FM\14DER1.SGM
14DER1
]]>Agencies
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Rules and Regulations]
[Pages 77264-77267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31384]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XE327
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category bluefin tuna quota
transfer and retention limit adjustment.
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SUMMARY: NMFS is transferring 24.3 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the General category December 2016 subquota
period to the January 2016 subquota period (from January 1 through
March 31, 2016, or until the available subquota for this period is
reached, whichever comes first). NMFS also is adjusting the Atlantic
tunas General category BFT daily retention limit for the January 2016
subquota period to three large medium or giant BFT from the default
retention limit of one. This action is based on consideration of the
regulatory determination criteria regarding inseason adjustments and
applies to Atlantic tunas General category (commercial) permitted
vessels and Highly Migratory Species (HMS) Charter/Headboat category
permitted vessels when fishing commercially for BFT.
DATES: The quota transfer is effective January 1, 2016. The General
category retention limit adjustment is effective January 1, 2016,
through March 31, 2016.
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.
Inseason Transfer to the General Category
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.
Quota Transfer
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after
[[Page 77265]]
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 January 2016 subquota period, 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 (including during the winter fishery in the last several years),
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; 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 are highly variable
and depend on availability. Commercial-sized BFT tuna are typically
available in January and may continue to be through March.
Without a quota transfer from December 2016 to January 2016 for the
General category at this time, the quota available for the January
through March 2016 period would be 24.7 mt (5.3 percent of the General
category quota), and participants would have to stop BFT fishing
activities once that amount is met, while commercial-sized BFT may
remain available in the areas where General category permitted vessels
operate. Transferring the 24.3-mt quota available for December 2016
(5.2 percent of the General category quota) would result in 49 mt (10.5
percent of the General category quota) being available for the January
subquota period. This quota transfer would provide additional
opportunities to harvest the U.S. BFT 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 BFT 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.
NMFS also anticipates that some underharvest of the 2015 adjusted
U.S. BFT quota will be carried forward to 2016 to the Reserve category,
in accordance with the regulations implementing Amendment 7. This, in
addition to the fact that any unused General category quota will roll
forward to the next subperiod within the calendar year, makes it
possible that General category quota will remain available through the
end of 2016 for December fishery participants, even with the quota
transfer. NMFS also may choose to transfer unused quota from the
Reserve or other categories, inseason, based on consideration of the
determination criteria, as NMFS did for late 2015 (80 FR 68265,
November 4, 2015; 80 FR 74997, December 1, 2015). Therefore, NMFS
anticipates that General category participants in all areas and time
periods will have opportunities to harvest the General category quota.
Thus, this quota transfer would allow fishermen to take advantage of
the availability of fish on the fishing grounds, consider the expected
increases in available 2016 quota later in the year, and provide a
reasonable opportunity to harvest the full U.S. BFT quota.
Based on the considerations above, NMFS is transferring 24.3 mt of
General category quota allocated for the December 2016 period to the
January 2016 period, resulting in a subquota of 49 mt for the January
2016 period and a subquota of 0 mt for the December period. NMFS will
close the General category January fishery when the adjusted January
period subquota of 49 mt has been reached, or it will close
automatically on March 31, 2016, whichever comes first, and it will
remain closed until the General category fishery reopens on June 1,
2016.
Adjustment of General Category Daily Retention Limit
Unless changed, the General category daily retention limit starting
on January 1 would be the default retention limit of one large medium
or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or
greater) per vessel per day/trip (Sec. 635.23(a)(2)). This default
retention limit would apply to General category permitted vessels and
to HMS Charter/Headboat category permitted vessels when fishing
commercially for BFT. For the 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;
four large medium or giant BFT for the June through August period (80
FR 27863, May 15, 2015) as well as September 1 through November 27,
2015 (80 FR 51959, August 27, 2015); and three large medium or giant
BFT for November 28 through December 31, 2015, or until the available
General category quota is reached, whichever comes first (80 FR 74997,
December 1, 2015).
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8), and listed above. NMFS
[[Page 77266]]
has considered the relevant criteria and their applicability to the
General category BFT retention limit for the January 2016 subquota
period. These considerations include, but are not limited to, the
following:
As described above with regard to the quota transfer, additional
opportunity to land BFT would support the collection of a broad range
of data for the biological studies and for stock monitoring purposes.
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 BFT 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, as 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
increased the General category maximum daily retention limit from three
to five fish (76 FR 74003, November 30, 2011).
Regarding 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, in 2012, 2013, and 2014, the available January
subquota (23.1 mt) was reached on January 22, February 15, and March
21, respectively, under a limit of two large medium or giant BFT, and
in each of these years the General category did not reach its available
quota by the end of the year. For 2015, the adjusted January subquota
of 45.7 (reflecting the first of the inseason actions described above
as well as implementation of the final BFT quota rule) was not met
under a daily retention limit of three large medium or giant BFT.
As noted above, commercial-sized BFT are typically available in
January and may continue to be through March. Considering this
information and the transfer of the December 2016 subquota to the quota
for the January 2016 time period (for an adjusted total of 49 mt), the
default one-fish limit likely would be overly restrictive. Increasing
the daily retention limit from the default may mitigate rolling an
excessive amount of unused quota from one time-period subquota to the
next and thus help maintain an equitable distribution of fishing
opportunities. Although NMFS has the authority to set the daily
retention limit to up to five fish, the rate of harvest of the January
subquota could be accelerated under a high limit (and higher fish
availability), and result in a relatively short fishing season. A short
fishing season may preclude or reduce fishing opportunities for some
individuals or geographic areas because of the migratory nature and
seasonal distribution of BFT.
Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted for the January 2016
subquota. It would provide a reasonable opportunity to harvest the U.S.
quota of BFT without exceeding it, while maintaining an equitable
distribution of fishing opportunities, help optimize the ability of the
General category to harvest its full quota, allow collection of a broad
range of data for stock monitoring purposes, and be consistent with the
objectives of the 2006 Consolidated HMS FMP and amendments. Therefore,
NMFS increases the General category retention limit from the default
limit (one) to three large medium or giant BFT per vessel per day/trip,
effective January 1, 2016, through March 31, 2016, or until the 49-mt
January subquota is harvested, whichever comes first.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example, during the January 2016
subquota period, whether a vessel fishing under the General category
limit takes a two-day trip or makes two trips in one day, the day/trip
limit of three fish applies and may not be exceeded upon landing. This
General category retention limit is effective in all areas, except for
the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT, and
applies to those vessels permitted in the General category, as well as
to those HMS Charter/Headboat permitted vessels fishing commercially
for BFT.
Monitoring and Reporting
NMFS will continue to monitor the 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 January 2016 subquota time period is impracticable. NMFS could not
have proposed these actions earlier, as it needed to consider and
respond to updated data and information from the 2015 General category
fishery, including during late 2015, in deciding to transfer the
December 2016 quota to the January 2016 subquota period and selecting
the appropriate retention limit for the January 2016 subquota period.
If NMFS was to offer a public comment period now, after having
appropriately considered that data, it would preclude fishermen from
harvesting BFT that are legally available consistent with all of the
regulatory criteria, and/or could result in selection of a retention
limit inappropriately high for the amount of quota available for the
period.
Delays in increasing the daily retention limit would adversely
affect those General and HMS Charter/Headboat category vessels that
would otherwise have an opportunity to harvest more than the default
retention limit of one BFT per day/trip and may exacerbate the problem
of low catch rates and quota rollovers. Limited opportunities to
harvest the respective quotas may have negative social and economic
impacts for U.S. fishermen that depend upon catching the available
quota within the designated time periods. Adjustment of the retention
limit needs to be effective January 1, 2016, or as soon as possible
thereafter, to minimize any unnecessary disruption in fishing patterns,
to allow the
[[Page 77267]]
impacted sectors to benefit from the adjustment, and to provide fishing
opportunities for fishermen in geographic areas with access to the
fishery only during this time period. Therefore, the AA finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment. For these reasons, there is good cause
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
This action is being taken under 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: December 9, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-31384 Filed 12-11-15; 8:45 am]
BILLING CODE 3510-22-P
