Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 23438-23441 [2016-09283]
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Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations
tribal governments, nor will it affect
private sector costs.
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a final
rule that imposes substantial direct
requirement costs on state and local
governments, preempts state law, or
otherwise has Federalism implications.
Since this rule does not impose any
costs on state or local governments, the
requirements of Executive Order 13132
are not applicable.
In accordance with the provisions of
Executive Order 12866, this IFC was
reviewed by the Office of Management
and Budget.
VI. Response to Comments
Because of the large number of public
comments we normally receive on
Federal Register documents, we are not
able to acknowledge or respond to them
individually. We will consider all
comments we receive by the date and
time specified in the DATES section of
this preamble, and, when we proceed
with a subsequent document, we will
respond to the comments in the
preamble to that document.
List of Subjects in 42 CFR Part 412
Administrative practice and
procedure, Health facilities, Medicare,
Puerto Rico, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, the Centers for Medicare &
Medicaid Services amends 42 CFR
chapter IV as follows:
PART 412—PROSPECTIVE PAYMENT
SYSTEMS FOR INPATIENT HOSPITAL
SERVICES
1. The authority for part 412
continues to read as follows:
■
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395hh), sec. 124 of Pub. L. 106–113 (113
Stat. 1501A–332), sec. 1206 of Pub. L. 113–
67, and sec. 112 of Pub. L. 113–93.
2. Section 412.230 is amended by—
a. Revising paragraph (a)(5)(ii).
b. Removing paragraph (a)(5)(iii).
c. Redesignating paragraph (a)(5)(iv)
as paragraph (a)(5)(iii).
The revision reads as follows:
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■
■
■
■
§ 412.230 Criteria for an individual hospital
seeking redesignation to another rural area
or an urban area.
(a) * * *
(5) * * *
(ii) A hospital may not be
redesignated to more than one area,
except for an urban hospital that has
been granted redesignation as rural
under § 412.103 and receives an
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additional reclassification by the
MGCRB.
*
*
*
*
*
■ 3. Section 412.522 is amended by—
■ a. Redesignating paragraphs (b)(1)
introductory text, (b)(1)(i) and (ii), and
(b)(2) and (3) as paragraphs (b)(1)(i)
introductory text, (b)(1)(i)(A) and (B),
and (b)(1)(ii) and (iii), respectively.
■ b. Adding a paragraph heading for
paragraph (b)(1).
■ c. Revising the paragraph heading for
newly redesignated paragraph (b)(1)(i)
introductory text.
■ d. In newly redesignated paragraph
(b)(1)(i)(B), by removing the reference
‘‘paragraph (b)(2)’’ and adding the
reference ‘‘paragraph (b)(1)(ii)’’ in its
place and by removing the reference
‘‘paragraph (b)(3)’’ and adding the
reference ‘‘paragraph (b)(1)(iii)’’ in its
place.
■ d. In newly redesignated paragraph
(b)(1)(ii), by removing the reference
‘‘paragraph (b)(1)’’ and adding the
reference ‘‘paragraph (b)(1)(i)’’ in its
place.
■ e. In newly redesignated paragraph
(b)(1)(iii), by removing the reference
‘‘paragraph (b)(1)’’ and adding the
reference ‘‘paragraph (b)(1)(i)’’ in its
place.
■ f. Adding paragraph (b)(2).
The revision and additions read as
follows:
§ 412.522 Application of site neutral
payment rate.
(b) * * *
(1) General criteria—(i) Basis and
scope. * * *
*
*
*
*
*
(2) Special criteria—(i) Definitions.
For purposes of this paragraph (b)(2) the
following definitions are applicable:
Severe wound means a wound which
is a stage 3 wound, stage 4 wound,
unstageable wound, non-healing
surgical wound, infected wound, fistula,
osteomyelitis or wound with morbid
obesity as identified by the applicable
code on the claim from the long-term
care hospital.
Wound means an injury, usually
involving division of tissue or rupture of
the integument or mucous membrane
with exposure to the external
environment.
(ii) Discharges for severe wounds. A
discharge that occurs on or after April
21, 2016 and before January 1, 2017 for
a patient that was treated for a severe
wound that meets the all of following
criteria is excluded from the site neutral
payment rate specified under this
section:
(A) The severe wound meets the
definition specified in paragraph
(b)(2)(i) of this section.
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(B) The discharge is from a long term
care hospital that is—
(1) Described in § 412.23(e)(2)(i) and
meets the criteria of § 412.22(f); and
(2) Located in a rural area (as defined
at § 412.503) or reclassified as rural by
meeting the requirements set forth in
§ 412.103.
*
*
*
*
*
Dated: April 7, 2016.
Andrew M. Slavitt,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Dated: April 14, 2016.
Sylvia M. Burwell,
Secretary, Department of Health and Human
Services.
[FR Doc. 2016–09219 Filed 4–18–16; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XE566
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
Angling category retention limit
adjustment.
AGENCY:
NMFS has determined that
the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels
permitted in the Highly Migratory
Species (HMS) Angling category and the
HMS Charter/Headboat category (when
fishing recreationally for BFT) should be
adjusted for the remainder of 2016,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments. NMFS is
adjusting the Angling category BFT
daily retention limit to two school BFT
and one large school/small medium BFT
per vessel per day/trip for private
vessels (i.e., those with HMS Angling
category permits); and three school BFT
and one large school/small medium BFT
per vessel per day/trip for charter
vessels (i.e., those with HMS Charter/
Headboat permits when fishing
recreationally). These retention limits
are effective in all areas, except for the
Gulf of Mexico, where NMFS prohibits
targeted fishing for BFT.
SUMMARY:
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Effective April 23, 2016 through
December 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), 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 ICCATrecommended quota.
As a method for limiting fishing
mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the
annual harvest of BFT measuring less
than 115 cm (straight fork length) to no
more than 10 percent by weight of a
Contracting Party’s total BFT quota over
the 2015 and 2016 fishing periods. The
United States implements this provision
by limiting the harvest of school BFT
(measuring 27 to less than 47 inches) as
appropriate to not exceed the 10-percent
limit over the two-year period.
The currently codified baseline U.S.
quota is 1,058.9 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
Angling category quota is 195.2 mt
(108.4 mt for school BFT, 82.3 mt for
large school/small medium BFT, and 4.5
mt for large medium/giant BFT).
The 2016 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
quota, began January 1, 2016. The
Angling category season opened January
1, 2016, and continues through
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DATES:
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December 31, 2016. The size classes of
BFT are summarized in Table 1. Please
note that large school and small
medium BFT traditionally have been
managed as one size class, as described
below, i.e., a limit of one large school/
small medium BFT (measuring 47 to
less than 73 inches).
TABLE 1—BFT SIZE CLASSES
Size class
Curved fork length
School ...............
Large school .....
Small medium ...
Large medium ..
Giant .................
27 to less than 47 inches
(68.5 to less than 119
cm).
47 to less than 59 inches
(119 to less than 150
cm).
59 to less than 73 inches
(150 to less than 185
cm).
73 to less than 81 inches
(185 to less than 206
cm).
81 inches or greater (206
cm or greater).
Currently, the default Angling
category daily retention limit of one
school, large school, or small medium
BFT applies (§ 635.23(b)(2)). This
retention limit applies to HMS Angling
and to HMS Charter/Headboat category
permitted vessels (when fishing
recreationally for BFT). In 2014 and
2015, NMFS adjusted the daily retention
limit from the default level of one
school, large school, or small medium
BFT to one school BFT and one large
school/small medium BFT for private
vessels (i.e., those with HMS Angling
category permits); and two school BFT
and one large school/small medium BFT
for charter vessels (i.e., those with HMS
Charter/Headboat permits when fishing
recreationally), effective May 8, 2014,
and May 15, 2015, respectively, through
December 31 each year (79 FR 25707,
May 6, 2014, and 80 FR27863, May 15,
2015).
Adjustment of Angling Category Daily
Retention Limit
In adjusting the daily retention limit
in this action, NMFS considered the
factors required by regulatory criteria, as
discussed in more detail, below.
Under § 635.23(b)(3), NMFS may
increase or decrease the Angling
category retention limit for any size
class of BFT. Any adjustments to
retention limits must be based on
consideration of the relevant criteria
provided under § 635.27(a)(8), which
include: The usefulness of information
obtained from catches in the particular
category for biological sampling and
monitoring of the status of the stock; the
catches of the particular category quota
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to date and the likelihood of closure of
that segment of the fishery if no
adjustment is made; the projected
ability of the vessels fishing under the
particular category quota to harvest the
additional amount of BFT before the
end of the fishing year; the estimated
amounts by which quotas for other gear
categories of the fishery might be
exceeded; effects of the adjustment on
BFT rebuilding and overfishing; effects
of the adjustment on accomplishing the
objectives of the fishery management
plan; variations in seasonal distribution,
abundance, or migration patterns of
BFT; effects of catch rates in one area
precluding vessels in another area from
having a reasonable opportunity to
harvest a portion of the category’s quota;
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds; optimizing
fishing opportunity; accounting for dead
discards, facilitating quota monitoring,
supporting other fishing monitoring
programs through quota allocations and/
or generation of revenue; and support of
research through quota allocations and/
or generation of revenue. Recreational
retention limits may be adjusted
separately for specific vessel type, such
as private vessels, headboats, or charter
vessels.
NMFS has considered these criteria
and their applicability to the Angling
category BFT retention limit for the
remainder of 2016. 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, biological samples collected
from BFT landed by recreational
fishermen 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.
Another principal consideration in
setting the retention limit is the
objective of providing opportunities to
harvest the full Angling category 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 retention limit
would be consistent with the quotas
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
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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.
negatively impact stock health or to
affect the stock in ways not already
analyzed in those documents. It is also
important that NMFS limit landings to
BFT subquotas both to adhere to the
FMP quota allocations and to ensure
Table 2 summarizes the recreational
quota, subquotas, and landings
information for 2014 and 2015 under
the Angling category limits in effect for
2014 and 2015 (described above).
TABLE 2—ANGLING CATEGORY QUOTA, SUBQUOTAS, AND LANDINGS FOR 2014 AND 2015
2014
Quota and
subquotas
(mt)
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Angling category ......................................
School ...............................................
Large School/Small Medium .............
Large Medium/Giant (Trophy) ..........
182
94.9
82.9
4.2
The 2015 school BFT landings
represent 2.4 percent of the total U.S.
BFT quota for 2015, well under the
ICCAT recommended 10-percent limit.
Landings of school BFT in 2014, under
the same adjusted limits, represented
2.6 percent of the total U.S. BFT quota
for 2014. Given that the Angling
category landings fell short of the
available quota and based on the
considerations of the regulatory criteria
as described above, NMFS has
determined that the Angling category
retention limit applicable to participants
on HMS Angling and HMS Charter/
Headboat category permitted vessels
should be adjusted upwards from the
default level. NMFS has also concluded
that implementation of separate limits
for private and charter/headboat vessels
remains appropriate, recognizing the
different nature, socio-economic needs,
and recent landings results of the two
components of the recreational BFT
fishery. For example, charter operators
historically have indicated that a multifish retention limit is vital to their
ability to attract customers. In addition,
Large Pelagics Survey estimates indicate
that charter/headboat BFT landings
averaged approximately 30 percent of
recent recreational landings for 2014
through 2015, with the remaining 70
percent landed by private vessels.
Therefore, for private vessels (i.e.,
those with HMS Angling category
permits), this action adjusts the limit
upwards to two school BFT and one
large school/small medium BFT per
vessel per day/trip (i.e., two BFT
measuring 27 to less than 47 inches, and
one BFT measuring 47 to less than 73
inches). For charter vessels (i.e., those
with HMS Charter/Headboat permits),
this action adjusts the limit upwards to
three school BFT and one large school/
small medium BFT per vessel per day/
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2015
Amount of
quota and
subquotas
used
(%)
Landings
(mt)
107.4
24.7
77.6
5.1
59
26
94
113
trip when fishing recreationally for BFT
(i.e., three BFT measuring 27 to less
than 47 inches, and one BFT measuring
47 to less than 73 inches). These
retention limits are effective in all areas,
except for the Gulf of Mexico, where
NMFS prohibits targeted fishing for
BFT. Regardless of the duration of a
fishing trip (e.g., whether a vessel takes
a two-day trip or makes two trips in one
day), no more than a single day’s
retention limit may be possessed,
retained, or landed.
NMFS anticipates that the BFT daily
retention limits in this action will result
in landings during 2016 that would not
exceed the available subquotas. Lower
retention limits could result in
substantial underharvest of the codified
Angling category subquota, and
increasing the daily limits further may
risk exceeding the available quota,
contrary to the objectives of the 2006
Consolidated HMS FMP, as amended.
NMFS has concluded that increasing the
school BFT retention limit for private
and charter vessels relative to the
adjusted limits for 2015 is possible
without exceeding the annual school
BFT subquota, given that the 2015
Angling category landings represented
58 percent of the codified Angling
category quota and that school BFT
landings represented 24 percent of the
school BFT subquota. NMFS has also
considered that 2016 is the second year
of the two-year balancing period, over
which the 10-percent tolerance limit on
school BFT applies. NMFS is not setting
higher school BFT limit for private and
charter vessels due to the potential risk
of exceeding the ICCAT tolerance limit
on school BFT and other considerations,
such as potential effort shifts to BFT
fishing as a result of current, reduced
recreational retention limits for New
England groundfish and striped bass.
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Quota and
subquotas
(mt)
195.2
108.4
82.3
4.5
Landings
(mt)
Amount of
quota and
subquotas
used
(%)
113.1
26.2
80.2
6.7
58
24
97
149
NMFS will monitor 2016 landings
closely and will make further
adjustments, including closure if
necessary, with an inseason action if
warranted.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries closely through the
mandatory landings and catch reports.
General, HMS Charter/Headboat,
Harpoon, and Angling category vessel
owners are required to report the catch
of all BFT retained or discarded dead,
within 24 hours of the landing(s) or end
of each trip, by accessing
hmspermits.noaa.gov.
HMS Angling and HMS Charter/
Headboat category permit holders may
catch and release (or tag and release)
BFT of all sizes, subject to the
requirements of the catch-and-release
and tag-and-release programs at
§ 635.26. Anglers are also reminded that
all BFT that are released must be
handled in a manner that will maximize
survival, and without removing the fish
from the water, consistent with
requirements at § 635.21(a)(1). For
additional information on safe handling,
see the ‘‘Careful Catch and Release’’
brochure available at
www.nmfs.noaa.gov/sfa/hms/.
Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional retention
limit adjustments or closures are
necessary to ensure available quota is
not exceeded or to enhance scientific
data collection from, and fishing
opportunities in, all geographic areas.
Subsequent actions, if any, will be
published in the Federal Register. In
addition, fishermen may call the
Atlantic Tunas Information Line at (978)
281–9260, or access
hmspermits.noaa.gov, for updates on
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quota monitoring and inseason
adjustments.
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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:
Prior notice is impracticable because
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, and the
availability of BFT on the fishing
grounds, immediate adjustment to the
Angling category BFT daily retention
limit from the default levels is
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warranted to allow fishermen to take
advantage of the availability of fish and
of quota.
Fisheries under the Angling category
daily retention limit are currently
underway and thus prior notice would
be contrary to the public interest. Delays
in increasing daily recreational BFT
retention limit would adversely affect
those HMS Angling and Charter/
Headboat category vessels that would
otherwise have an opportunity to
harvest more than the default retention
limit of one school, large school, or
small medium BFT per day/trip and
may exacerbate the problem of low
catch rates and quota rollovers. 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
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23441
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. Therefore, the AA
finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment. For all
of the above reasons, there is good cause
under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness.
This action is being taken under
§ 635.23(b)(3), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: April 18, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–09283 Filed 4–20–16; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Rules and Regulations]
[Pages 23438-23441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09283]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XE566
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 Angling category retention limit
adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels permitted in the Highly
Migratory Species (HMS) Angling category and the HMS Charter/Headboat
category (when fishing recreationally for BFT) should be adjusted for
the remainder of 2016, based on consideration of the regulatory
determination criteria regarding inseason adjustments. NMFS is
adjusting the Angling category BFT daily retention limit to two school
BFT and one large school/small medium BFT per vessel per day/trip for
private vessels (i.e., those with HMS Angling category permits); and
three school BFT and one large school/small medium BFT per vessel per
day/trip for charter vessels (i.e., those with HMS Charter/Headboat
permits when fishing recreationally). These retention limits are
effective in all areas, except for the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT.
[[Page 23439]]
DATES: Effective April 23, 2016 through December 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), 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.
As a method for limiting fishing mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the annual harvest of BFT measuring
less than 115 cm (straight fork length) to no more than 10 percent by
weight of a Contracting Party's total BFT quota over the 2015 and 2016
fishing periods. The United States implements this provision by
limiting the harvest of school BFT (measuring 27 to less than 47
inches) as appropriate to not exceed the 10-percent limit over the two-
year period.
The currently codified baseline U.S. quota is 1,058.9 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 Angling category quota is 195.2
mt (108.4 mt for school BFT, 82.3 mt for large school/small medium BFT,
and 4.5 mt for large medium/giant BFT).
The 2016 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2016. The Angling category season opened January 1, 2016, and continues
through December 31, 2016. The size classes of BFT are summarized in
Table 1. Please note that large school and small medium BFT
traditionally have been managed as one size class, as described below,
i.e., a limit of one large school/small medium BFT (measuring 47 to
less than 73 inches).
Table 1--BFT Size Classes
------------------------------------------------------------------------
Size class Curved fork length
------------------------------------------------------------------------
School................................ 27 to less than 47 inches (68.5
to less than 119 cm).
Large school.......................... 47 to less than 59 inches (119
to less than 150 cm).
Small medium.......................... 59 to less than 73 inches (150
to less than 185 cm).
Large medium.......................... 73 to less than 81 inches (185
to less than 206 cm).
Giant................................. 81 inches or greater (206 cm or
greater).
------------------------------------------------------------------------
Currently, the default Angling category daily retention limit of
one school, large school, or small medium BFT applies (Sec.
635.23(b)(2)). This retention limit applies to HMS Angling and to HMS
Charter/Headboat category permitted vessels (when fishing
recreationally for BFT). In 2014 and 2015, NMFS adjusted the daily
retention limit from the default level of one school, large school, or
small medium BFT to one school BFT and one large school/small medium
BFT for private vessels (i.e., those with HMS Angling category
permits); and two school BFT and one large school/small medium BFT for
charter vessels (i.e., those with HMS Charter/Headboat permits when
fishing recreationally), effective May 8, 2014, and May 15, 2015,
respectively, through December 31 each year (79 FR 25707, May 6, 2014,
and 80 FR27863, May 15, 2015).
Adjustment of Angling Category Daily Retention Limit
In adjusting the daily retention limit in this action, NMFS
considered the factors required by regulatory criteria, as discussed in
more detail, below.
Under Sec. 635.23(b)(3), NMFS may increase or decrease the Angling
category retention limit for any size class of BFT. Any adjustments to
retention limits must be based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8), which include: The
usefulness of information obtained from catches in the particular
category for biological sampling and monitoring of the status of the
stock; the catches of the particular category quota to date and the
likelihood of closure of that segment of the fishery if no adjustment
is made; the projected ability of the vessels fishing under the
particular category quota to harvest the additional amount of BFT
before the end of the fishing year; the estimated amounts by which
quotas for other gear categories of the fishery might be exceeded;
effects of the adjustment on BFT rebuilding and overfishing; effects of
the adjustment on accomplishing the objectives of the fishery
management plan; variations in seasonal distribution, abundance, or
migration patterns of BFT; effects of catch rates in one area
precluding vessels in another area from having a reasonable opportunity
to harvest a portion of the category's quota; review of dealer reports,
daily landing trends, and the availability of the BFT on the fishing
grounds; optimizing fishing opportunity; accounting for dead discards,
facilitating quota monitoring, supporting other fishing monitoring
programs through quota allocations and/or generation of revenue; and
support of research through quota allocations and/or generation of
revenue. Recreational retention limits may be adjusted separately for
specific vessel type, such as private vessels, headboats, or charter
vessels.
NMFS has considered these criteria and their applicability to the
Angling category BFT retention limit for the remainder of 2016. 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, biological samples collected from BFT landed by
recreational fishermen 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.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the full Angling
category 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 retention
limit would be consistent with the quotas 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
[[Page 23440]]
negatively impact stock health or to affect the stock in ways not
already analyzed in those documents. It is also important that NMFS
limit 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.
Table 2 summarizes the recreational quota, subquotas, and landings
information for 2014 and 2015 under the Angling category limits in
effect for 2014 and 2015 (described above).
Table 2--Angling Category Quota, Subquotas, and Landings for 2014 and 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 2015
-----------------------------------------------------------------------------------------------
Amount of Amount of
Quota and quota and Quota and quota and
subquotas (mt) Landings (mt) subquotas used subquotas (mt) Landings (mt) subquotas used
(%) (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Angling category........................................ 182 107.4 59 195.2 113.1 58
School.............................................. 94.9 24.7 26 108.4 26.2 24
Large School/Small Medium........................... 82.9 77.6 94 82.3 80.2 97
Large Medium/Giant (Trophy)......................... 4.2 5.1 113 4.5 6.7 149
--------------------------------------------------------------------------------------------------------------------------------------------------------
The 2015 school BFT landings represent 2.4 percent of the total
U.S. BFT quota for 2015, well under the ICCAT recommended 10-percent
limit. Landings of school BFT in 2014, under the same adjusted limits,
represented 2.6 percent of the total U.S. BFT quota for 2014. Given
that the Angling category landings fell short of the available quota
and based on the considerations of the regulatory criteria as described
above, NMFS has determined that the Angling category retention limit
applicable to participants on HMS Angling and HMS Charter/Headboat
category permitted vessels should be adjusted upwards from the default
level. NMFS has also concluded that implementation of separate limits
for private and charter/headboat vessels remains appropriate,
recognizing the different nature, socio-economic needs, and recent
landings results of the two components of the recreational BFT fishery.
For example, charter operators historically have indicated that a
multi-fish retention limit is vital to their ability to attract
customers. In addition, Large Pelagics Survey estimates indicate that
charter/headboat BFT landings averaged approximately 30 percent of
recent recreational landings for 2014 through 2015, with the remaining
70 percent landed by private vessels.
Therefore, for private vessels (i.e., those with HMS Angling
category permits), this action adjusts the limit upwards to two school
BFT and one large school/small medium BFT per vessel per day/trip
(i.e., two BFT measuring 27 to less than 47 inches, and one BFT
measuring 47 to less than 73 inches). For charter vessels (i.e., those
with HMS Charter/Headboat permits), this action adjusts the limit
upwards to three school BFT and one large school/small medium BFT per
vessel per day/trip when fishing recreationally for BFT (i.e., three
BFT measuring 27 to less than 47 inches, and one BFT measuring 47 to
less than 73 inches). These retention limits are effective in all
areas, except for the Gulf of Mexico, where NMFS prohibits targeted
fishing for BFT. Regardless of the duration of a fishing trip (e.g.,
whether a vessel takes a two-day trip or makes two trips in one day),
no more than a single day's retention limit may be possessed, retained,
or landed.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2016 that would not exceed the available
subquotas. Lower retention limits could result in substantial
underharvest of the codified Angling category subquota, and increasing
the daily limits further may risk exceeding the available quota,
contrary to the objectives of the 2006 Consolidated HMS FMP, as
amended. NMFS has concluded that increasing the school BFT retention
limit for private and charter vessels relative to the adjusted limits
for 2015 is possible without exceeding the annual school BFT subquota,
given that the 2015 Angling category landings represented 58 percent of
the codified Angling category quota and that school BFT landings
represented 24 percent of the school BFT subquota. NMFS has also
considered that 2016 is the second year of the two-year balancing
period, over which the 10-percent tolerance limit on school BFT
applies. NMFS is not setting higher school BFT limit for private and
charter vessels due to the potential risk of exceeding the ICCAT
tolerance limit on school BFT and other considerations, such as
potential effort shifts to BFT fishing as a result of current, reduced
recreational retention limits for New England groundfish and striped
bass. NMFS will monitor 2016 landings closely and will make further
adjustments, including closure if necessary, with an inseason action if
warranted.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely through the
mandatory landings and catch reports. General, HMS Charter/Headboat,
Harpoon, and Angling category vessel owners are required to report the
catch of all BFT retained or discarded dead, within 24 hours of the
landing(s) or end of each trip, by accessing hmspermits.noaa.gov.
HMS Angling and HMS Charter/Headboat category permit holders may
catch and release (or tag and release) BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs at
Sec. 635.26. Anglers are also reminded that all BFT that are released
must be handled in a manner that will maximize survival, and without
removing the fish from the water, consistent with requirements at Sec.
635.21(a)(1). For additional information on safe handling, see the
``Careful Catch and Release'' brochure available at www.nmfs.noaa.gov/sfa/hms/.
Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional retention limit adjustments or
closures are necessary to ensure available quota is not exceeded or to
enhance scientific data collection from, and fishing opportunities in,
all geographic areas. Subsequent actions, if any, will be published in
the Federal Register. In addition, fishermen may call the Atlantic
Tunas Information Line at (978) 281-9260, or access
hmspermits.noaa.gov, for updates on
[[Page 23441]]
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:
Prior notice is impracticable because 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, and the
availability of BFT on the fishing grounds, immediate adjustment to the
Angling category BFT daily retention limit from the default levels is
warranted to allow fishermen to take advantage of the availability of
fish and of quota.
Fisheries under the Angling category daily retention limit are
currently underway and thus prior notice would be contrary to the
public interest. Delays in increasing daily recreational BFT retention
limit would adversely affect those HMS Angling and Charter/Headboat
category vessels that would otherwise have an opportunity to harvest
more than the default retention limit of one school, large school, or
small medium BFT per day/trip and may exacerbate the problem of low
catch rates and quota rollovers. 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. Therefore, the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the opportunity for public comment.
For all of the above reasons, there is good cause under 5 U.S.C. 553(d)
to waive the 30-day delay in effectiveness.
This action is being taken under Sec. 635.23(b)(3), and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: April 18, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-09283 Filed 4-20-16; 8:45 am]
BILLING CODE 3510-22-P
