Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 29501-29504 [2016-11230]
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Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
governments, or to the private sector,
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP revision
that the EPA is disapproving would not
apply on any Indian reservation land or
in any other area where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction, and will not
impose substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because this SIP disapproval does not
in-and-of itself create any new
regulations, but simply disapproves
certain State requirements for inclusion
in the SIP.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
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3. Section 52.237 is amended by
adding paragraph (a)(8) to read as
follows:
■
§ 52.237
Part D disapproval.
(a) * * *
(8) The contingency measure portion
of the 2008 PM2.5 Plan for attainment of
the 1997 PM2.5 standards in the San
Joaquin Valley (June 2013).
List of Subjects in 40 CFR Part 52
[Docket No. 150121066–5717–02]
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Sulfur oxides.
RIN 0648–XE579
Dated: April 29, 2016.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.220 is amended by
adding paragraph (c)(438)(ii)(C) to read
as follows:
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(438) * * *
(ii) * * *
(C) Previously approved in paragraphs
(c)(438)(ii)(A)(1), (c)(438)(ii)(A)(2),
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[FR Doc. 2016–11125 Filed 5–11–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category retention limit
adjustment.
AGENCY:
NMFS is adjusting the
Atlantic bluefin tuna (BFT) General
category daily retention limit from the
default limit of one large medium or
giant BFT to five large medium or giant
BFT for June 1 through August 31, 2016.
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:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
■
VerDate Sep<11>2014
(c)(438)(ii)(A)(3), and (c)(438)(ii)(B)(1) of
this section and now deleted without
replacement: ‘‘Quantifying Contingency
Reductions for the 2008 PM2.5 Plan’’
(dated June 20, 2013), SJVUAPCD
Governing Board Resolution No. 13–6–
18 (dated June 20, 2013), Electronic mail
(dated July 24, 2013) from Samir Sheikh
to Kerry Drake, and California Air
Resources Board Executive Order 13–30
(dated June 27, 2013).
*
*
*
*
*
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 11, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
Subpart F—California
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
29501
Effective June 1, 2016, through
August 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
DATES:
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Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations
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SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the 2006 Atlantic
Consolidated Highly Migratory Species
Fishery Management Plan (2006
Consolidated HMS FMP) (71 FR 58058,
October 2, 2006), as amended by
Amendment 7 to the 2006 Consolidated
HMS FMP (Amendment 7) (79 FR
71510, December 2, 2014), and in
accordance with implementing
regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
The currently codified baseline U.S.
quota is 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
General category quota is 466.7 mt. Each
of the General category time periods
(‘‘January,’’ June through August,
September, October through November,
and December) is allocated a portion of
the annual General category quota. The
codified June through August subquota
is 233.3 mt.
Adjustment of General Category Daily
Retention Limit
Unless changed, the General category
daily retention limit starting on June 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
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March 31, 2015 (the regulations allow
the General category fishery under the
‘‘January’’ subquota to continue until
the subquota is reached, or March 31,
whichever comes first); four large
medium or giant BFT for the June
through August subquota period (80 FR
27863, May 15, 2015) as well as for
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 (80 FR 74997, December 1, 2015).
NMFS adjusted the daily retention limit
for the 2016 January subquota period
(which closed March 31) from the
default level of one large medium or
giant BFT to three large medium or giant
BFT in the same action as the 24.3-mt
transfer from the December 2016
subquota period to the January 2016
subquota period (80 FR 77264,
December 14, 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), which are: The
usefulness of information obtained from
catches in the particular category for
biological sampling and monitoring of
the status of the stock; the catches of the
particular category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made; the
projected ability of the vessels fishing
under the particular category quota to
harvest the additional amount of BFT
before the end of the fishing year; the
estimated amounts by which quotas for
other gear categories of the fishery might
be exceeded; effects of the adjustment
on BFT rebuilding and overfishing;
effects of the adjustment on
accomplishing the objectives of the
FMP; variations in seasonal distribution,
abundance, or migration patterns of
BFT; effects of catch rates in one area
precluding vessels in another area from
having a reasonable opportunity to
harvest a portion of the category’s quota;
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds; optimizing
fishing opportunity; accounting for dead
discards, facilitating quota monitoring,
supporting other fishing monitoring
programs through quota allocations and/
or generation of revenue; and support of
research through quota allocations and/
or generation of revenue.
NMFS has considered these criteria
and their applicability to the General
category BFT retention limit for June
through August 2016. These
considerations include, but are not
limited to, the following: Regarding the
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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 BFT dealers continue to
provide NMFS with valuable 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.
Regarding the effects of the
adjustment on BFT rebuilding and
overfishing and the effects of the
adjustment on accomplishing the
objectives of the FMP, as this action
would be taken consistent with the
previously implemented and analyzed
quotas, it is not expected to negatively
impact stock health or otherwise affect
the stock in ways not previously
analyzed, including on rebuilding,
overfishing, or the objectives of the
FMP. 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).
Another principal consideration in
setting the retention limit is the
objective of providing opportunities to
harvest the full General 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
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.
Commercial-size BFT are anticipated
to migrate to the fishing grounds off the
northeast U.S. coast by early June. Based
on General category landings rates
during the June through August time
period over the last several years, it is
highly unlikely that the June through
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Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations
August subquota will be filled with the
default daily retention limit of one BFT
per vessel, and it may not be filled at a
four-BFT limit if recent patterns of BFT
availability and landings rates continue.
During the June–August 2014 period,
under a four-fish limit, BFT landings
were approximately 107 mt (49 percent
of the subquota). In the June–August
2015 period, under a four-fish limit,
BFT landings were approximately 205
mt (44 percent of the subquota). For the
entire 2015 fishing year, 131.7 percent
and 95.1 percent of the baseline and
adjusted General category quota was
filled, respectively. See below for
description of 2015 quota transfers to
the General category.
Despite elevated General category
limits, the vast majority of successful
trips (i.e., General or Charter/Headboat
trips on which at least one BFT is
landed under General category quota)
land only one or two BFT. For instance,
the landings data for 2015 show that,
under the four-fish limit that applied
June 1 through November 27, the
proportion of trips that landed one, two,
three, or four BFT was as follows: 76
percent landed one BFT; 14 percent
landed two BFT; 5 percent landed three
BFT; and 5 percent landed four BFT. In
the last few years, NMFS has received
some comment that a high daily
retention limit (specifically five fish) is
needed to optimize General category
fishing opportunities and account for
seasonal distributions by enabling
vessels to make overnight trips to
distant fishing grounds.
NMFS 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
summer (i.e., when complete BFT catch
information for 2015 is available and
finalized). 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 if NMFS sets higher daily retention
limits for the earlier periods. 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.
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A limit lower than five fish could
result in unused quota being added to
the later portion of the General category
season (i.e., rolling forward to the
subsequent subquota time period).
Increasing the daily retention limit from
the default may mitigate rolling an
excessive amount of unused quota from
one subquota time period to the next.
Increasing the daily retention limit to
five fish will increase the likelihood that
the General category BFT landings will
approach, but not exceed, the annual
quota, as well as increase the
opportunity for catching BFT during the
June through August subquota period.
Increasing opportunity within each
subquota period is also important
because of the migratory nature and
seasonal distribution of BFT. In a
particular geographic region, or waters
accessible from a particular port, the
amount of fishing opportunity for BFT
may be constrained by the short amount
of time the BFT are present.
Based on these considerations, NMFS
has determined that a five-fish General
category retention limit is warranted for
the June–August 2016 subquota period.
It would provide a reasonable
opportunity to harvest the full U.S. BFT
quota (including the expected increases
in available 2016 quota later in the
year), 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 the collection of a
broad range of data for stock monitoring
purposes; and be consistent with the
objectives of the 2006 Consolidated
HMS FMP, as amended. Therefore,
NMFS increases the General category
retention limit from the default limit
(one) to five large medium or giant BFT
per vessel per day/trip, effective June 1,
2016, through August 31, 2016.
Regardless of the duration of a fishing
trip, no more than a single day’s
retention limit may be possessed,
retained, or landed. For example (and
specific to the June through August
2016 limit), whether a vessel fishing
under the General category limit takes a
two-day trip or makes two trips in one
day, the daily limit of five fish may not
be exceeded upon landing. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico,
where NMFS prohibits targeting fishing
for BFT, and applies to those vessels
permitted in the General category, as
well as to those HMS Charter/Headboat
permitted vessels fishing commercially
for BFT.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely. Dealers are required
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29503
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:
Prior notice is impracticable because
the regulations implementing the 2006
Consolidated HMS FMP, as amended,
intended that inseason retention limit
adjustments would allow the agency to
respond quickly 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, responsive adjustment
to the General category BFT daily
retention limit from the default level is
warranted to allow fishermen to take
advantage of the availability of fish and
of quota. For such adjustment to be
practicable, it must occur in a timeframe
that allows fishermen to take advantage
of it.
Fisheries under the General category
daily retention limit will commence on
June 1 and thus prior notice would be
contrary to the public interest. Delays in
increasing these retention limits would
adversely affect those General and
Charter/Headboat category vessels that
would otherwise have an opportunity to
harvest more than the default retention
limit of one BFT per day/trip and may
result in 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.
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With quota available and fish available
on the grounds, and with no measurable
impacts to the stock, it would be
contrary to the public interest to require
vessels to wait to harvest the fish
allowed through this action. Therefore,
the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment.
Adjustment of the General category
retention limit needs to be effective June
1, 2016, or as soon as possible
thereafter, to minimize any unnecessary
disruption in fishing patterns, to allow
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the impacted sectors to benefit from the
adjustment, and to not preclude fishing
opportunities for fishermen in
geographic areas with access to the
fishery only during this time period.
Foregoing opportunities to harvest the
respective quotas may have negative
social and economic impacts for U.S.
fishermen that depend upon catching
the available quota within the time
periods designated in the 2006
Consolidated HMS FMP, as amended.
Therefore, the AA finds there is also
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good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under
§§ 635.23(a)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: May 9, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–11230 Filed 5–11–16; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Rules and Regulations]
[Pages 29501-29504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11230]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XE579
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category retention limit
adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General
category daily retention limit from the default limit of one large
medium or giant BFT to five large medium or giant BFT for June 1
through August 31, 2016. 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 June 1, 2016, through August 31, 2016.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.
[[Page 29502]]
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the 2006 Atlantic Consolidated Highly
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP)
(71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and
in accordance with implementing regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest the ICCAT-recommended quota.
The currently codified baseline U.S. quota is 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 General category quota is 466.7
mt. Each of the General category time periods (``January,'' June
through August, September, October through November, and December) is
allocated a portion of the annual General category quota. The codified
June through August subquota is 233.3 mt.
Adjustment of General Category Daily Retention Limit
Unless changed, the General category daily retention limit starting
on June 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
(the regulations allow the General category fishery under the
``January'' subquota to continue until the subquota is reached, or
March 31, whichever comes first); four large medium or giant BFT for
the June through August subquota period (80 FR 27863, May 15, 2015) as
well as for 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 (80 FR 74997, December 1, 2015). NMFS adjusted the
daily retention limit for the 2016 January subquota period (which
closed March 31) from the default level of one large medium or giant
BFT to three large medium or giant BFT in the same action as the 24.3-
mt transfer from the December 2016 subquota period to the January 2016
subquota period (80 FR 77264, December 14, 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), which are: The usefulness
of information obtained from catches in the particular category for
biological sampling and monitoring of the status of the stock; the
catches of the particular category quota to date and the likelihood of
closure of that segment of the fishery if no adjustment is made; the
projected ability of the vessels fishing under the particular category
quota to harvest the additional amount of BFT before the end of the
fishing year; the estimated amounts by which quotas for other gear
categories of the fishery might be exceeded; effects of the adjustment
on BFT rebuilding and overfishing; effects of the adjustment on
accomplishing the objectives of the FMP; variations in seasonal
distribution, abundance, or migration patterns of BFT; effects of catch
rates in one area precluding vessels in another area from having a
reasonable opportunity to harvest a portion of the category's quota;
review of dealer reports, daily landing trends, and the availability of
the BFT on the fishing grounds; optimizing fishing opportunity;
accounting for dead discards, facilitating quota monitoring, supporting
other fishing monitoring programs through quota allocations and/or
generation of revenue; and support of research through quota
allocations and/or generation of revenue.
NMFS has considered these criteria and their applicability to the
General category BFT retention limit for June through August 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
General category fishermen and provided by BFT dealers continue to
provide NMFS with valuable data for ongoing scientific studies of BFT
age and growth, migration, and reproductive status. Additional
opportunity to land BFT would support the collection of a broad range
of data for these 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 FMP, as this action would be taken consistent with
the previously implemented and analyzed quotas, it is not expected to
negatively impact stock health or otherwise affect the stock in ways
not previously analyzed, including on rebuilding, overfishing, or the
objectives of the FMP. 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).
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the full General
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 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.
Commercial-size BFT are anticipated to migrate to the fishing
grounds off the northeast U.S. coast by early June. Based on General
category landings rates during the June through August time period over
the last several years, it is highly unlikely that the June through
[[Page 29503]]
August subquota will be filled with the default daily retention limit
of one BFT per vessel, and it may not be filled at a four-BFT limit if
recent patterns of BFT availability and landings rates continue. During
the June-August 2014 period, under a four-fish limit, BFT landings were
approximately 107 mt (49 percent of the subquota). In the June-August
2015 period, under a four-fish limit, BFT landings were approximately
205 mt (44 percent of the subquota). For the entire 2015 fishing year,
131.7 percent and 95.1 percent of the baseline and adjusted General
category quota was filled, respectively. See below for description of
2015 quota transfers to the General category.
Despite elevated General category limits, the vast majority of
successful trips (i.e., General or Charter/Headboat trips on which at
least one BFT is landed under General category quota) land only one or
two BFT. For instance, the landings data for 2015 show that, under the
four-fish limit that applied June 1 through November 27, the proportion
of trips that landed one, two, three, or four BFT was as follows: 76
percent landed one BFT; 14 percent landed two BFT; 5 percent landed
three BFT; and 5 percent landed four BFT. In the last few years, NMFS
has received some comment that a high daily retention limit
(specifically five fish) is needed to optimize General category fishing
opportunities and account for seasonal distributions by enabling
vessels to make overnight trips to distant fishing grounds.
NMFS 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 summer
(i.e., when complete BFT catch information for 2015 is available and
finalized). 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 if NMFS sets higher daily retention limits for the
earlier periods. 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.
A limit lower than five fish could result in unused quota being
added to the later portion of the General category season (i.e.,
rolling forward to the subsequent subquota time period). Increasing the
daily retention limit from the default may mitigate rolling an
excessive amount of unused quota from one subquota time period to the
next. Increasing the daily retention limit to five fish will increase
the likelihood that the General category BFT landings will approach,
but not exceed, the annual quota, as well as increase the opportunity
for catching BFT during the June through August subquota period.
Increasing opportunity within each subquota period is also important
because of the migratory nature and seasonal distribution of BFT. In a
particular geographic region, or waters accessible from a particular
port, the amount of fishing opportunity for BFT may be constrained by
the short amount of time the BFT are present.
Based on these considerations, NMFS has determined that a five-fish
General category retention limit is warranted for the June-August 2016
subquota period. It would provide a reasonable opportunity to harvest
the full U.S. BFT quota (including the expected increases in available
2016 quota later in the year), 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 the
collection of a broad range of data for stock monitoring purposes; and
be consistent with the objectives of the 2006 Consolidated HMS FMP, as
amended. Therefore, NMFS increases the General category retention limit
from the default limit (one) to five large medium or giant BFT per
vessel per day/trip, effective June 1, 2016, through August 31, 2016.
Regardless of the duration of a fishing trip, no more than a single
day's retention limit may be possessed, retained, or landed. For
example (and specific to the June through August 2016 limit), whether a
vessel fishing under the General category limit takes a two-day trip or
makes two trips in one day, the daily limit of five fish may not be
exceeded upon landing. This General category retention limit is
effective in all areas, except for the Gulf of Mexico, where NMFS
prohibits targeting fishing for BFT, and applies to those vessels
permitted in the General category, as well as to those HMS Charter/
Headboat permitted vessels fishing commercially for BFT.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. 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:
Prior notice is impracticable because the regulations implementing
the 2006 Consolidated HMS FMP, as amended, intended that inseason
retention limit adjustments would allow the agency to respond quickly
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,
responsive adjustment to the General category BFT daily retention limit
from the default level is warranted to allow fishermen to take
advantage of the availability of fish and of quota. For such adjustment
to be practicable, it must occur in a timeframe that allows fishermen
to take advantage of it.
Fisheries under the General category daily retention limit will
commence on June 1 and thus prior notice would be contrary to the
public interest. Delays in increasing these retention limits would
adversely affect those General and Charter/Headboat category vessels
that would otherwise have an opportunity to harvest more than the
default retention limit of one BFT per day/trip and may result in 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.
[[Page 29504]]
With quota available and fish available on the grounds, and with no
measurable impacts to the stock, it would be contrary to the public
interest to require vessels to wait to harvest the fish allowed through
this action. Therefore, the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the opportunity for public comment.
Adjustment of the General category retention limit needs to be
effective June 1, 2016, or as soon as possible thereafter, to minimize
any unnecessary disruption in fishing patterns, to allow the impacted
sectors to benefit from the adjustment, and to not preclude fishing
opportunities for fishermen in geographic areas with access to the
fishery only during this time period. Foregoing opportunities to
harvest the respective quotas may have negative social and economic
impacts for U.S. fishermen that depend upon catching the available
quota within the time periods designated in the 2006 Consolidated HMS
FMP, as amended. Therefore, the AA finds there is also 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 is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 9, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-11230 Filed 5-11-16; 8:45 am]
BILLING CODE 3510-22-P
