Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 59153-59156 [2016-20768]
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Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations
copy of the written objection to the
appropriate licensee or tower owner.
C. Any member of the public may notify
the FCC of concerns it has regarding the
application of this Programmatic Agreement
within a State or with regard to the review
of individual undertakings covered or
excluded under the terms of this Agreement.
Comments shall be directed to the FCC’s
Federal Preservation Officer. The FCC will
consider public comments and, following
consultation with the SHPO, potentially
affected Tribes, or the Council, as
appropriate, take appropriate actions. The
FCC shall notify the objector of the outcome
of its actions.
jstallworth on DSK7TPTVN1PROD with RULES
XI. AMENDMENTS
If any signatory to this Nationwide
Collocation Programmatic Agreement
believes that this Agreement should be
amended, that signatory may at any time
propose amendments, whereupon the
signatories will consult to consider the
amendments. This agreement may be
amended only upon the written concurrence
of the signatories.
XII. TERMINATION
A. If the FCC determines, or if NCSHPO
determines on behalf of its members, that it
or they cannot implement the terms of this
Nationwide Collocation Programmatic
Agreement, or if the FCC, NCSHPO or the
Council determines that the Programmatic
Agreement is not being properly
implemented or that the spirit of Section 106
is not being met by the parties to this
Programmatic Agreement, the FCC, NCSHPO
or the Council may propose to the other
signatories that the Programmatic Agreement
be terminated.
B. The party proposing to terminate the
Programmatic Agreement shall notify the
other signatories in writing, explaining the
reasons for the proposed termination and the
particulars of the asserted improper
implementation. Such party also shall afford
the other signatories a reasonable period of
time of no less than thirty (30) days to
consult and remedy the problems resulting in
improper implementation. Upon receipt of
such notice, the parties shall consult with
each other and notify and consult with other
entities that either are involved in such
implementation or would be substantially
affected by termination of this Agreement,
and seek alternatives to termination. Should
the consultation fail to produce within the
original remedy period or any extension a
reasonable alternative to termination, a
resolution of the stated problems, or
convincing evidence of substantial
implementation of this Agreement in
accordance with its terms, this Programmatic
Agreement shall be terminated thirty days
after notice of termination is served on all
parties and published in the Federal
Register.
C. In the event that the Programmatic
Agreement is terminated, the FCC shall
advise its licensees and tower owner and
management companies of the termination
and of the need to comply with any
applicable Section 106 requirements on a
case-by-case basis for collocation activities.
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XIII. ANNUAL MEETING OF THE
SIGNATORIES
The signatories to this Nationwide
Collocation Programmatic Agreement will
meet annually on or about the anniversary of
the effective date of the NPA to discuss the
effectiveness of this Agreement and the NPA,
including any issues related to improper
implementation, and to discuss any potential
amendments that would improve the
effectiveness of this Agreement.
XIV. DURATION OF THE
PROGRAMMATIC AGREEMENT
This Programmatic Agreement for
collocation shall remain in force unless the
Programmatic Agreement is terminated or
superseded by a comprehensive
Programmatic Agreement for wireless
communications antennas.
Execution of this Nationwide
Programmatic Agreement by the FCC,
NCSHPO and the Council, and
implementation of its terms, constitutes
evidence that the FCC has afforded the
Council an opportunity to comment on the
collocation as described herein of antennas
covered under the FCC’s rules, and that the
FCC has taken into account the effects of
these collocations on historic properties in
accordance with Section 106 of the National
Historic Preservation Act and its
implementing regulations, 36 CFR part 800.
FEDERAL COMMUNICATIONS
COMMISSION
lllllllllllllllllllll
Date: llllllllllllllllll
NATIONAL CONFERENCE OF STATE
HISTORIC PRESERVATION OFFICERS
lllllllllllllllllllll
Date: llllllllllllllllll
ADVISORY COUNCIL ON HISTORIC
PRESERVATION
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Date: llllllllllllllllll
[FR Doc. 2016–20427 Filed 8–26–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XE820
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
SUMMARY:
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59153
category daily retention limit from the
default limit of one large medium or
giant BFT to five large medium or giant
BFT for the September, October through
November, and December subquota time
periods of the 2016 fishing year. This
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments, and
applies to Atlantic Tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels when fishing commercially for
BFT.
DATES: Effective September 1, 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 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 baseline General category
subquotas include 123.7 mt for
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September, 60.7 mt for October through
November, and 24.3 mt for December.
NMFS transferred 21 mt of BFT quota
from the December 2016 subquota to the
January 2016 subquota period (80 FR
77264, December 14, 2015).
Adjustment of General Category Daily
Retention Limit
Unless changed, the General category
daily retention limit starting on
September 1 would be the default
retention limit of one large medium or
giant BFT (measuring 73 inches (185
cm) curved fork length (CFL) or greater)
per vessel per day/trip (§ 635.23(a)(2)).
This default retention limit would apply
to General category permitted vessels
and to HMS Charter/Headboat category
permitted vessels when fishing
commercially for BFT.
For the 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). For the June
through August 2016 subquota period,
NMFS adjusted the daily retention limit
to five large medium or giant BFT (81
FR 29501; May 12, 2016).
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
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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
September through December 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 Assessment 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
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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 migrated to the
fishing grounds off the northeast U.S.
coast by early June and are actively
being landed. As of August 17, 2016,
approximately 210 mt of the 2016
General category quota of 466.7 mt have
been landed, and landings rates remain
at approximately 1–2 mt per day. Given
the rollover of unused quota from one
time period to the next, current catch
rates, and the fact that the daily
retention limit will automatically revert
to one large medium or giant BFT per
vessel per day on September 1, 2016,
absent agency action, NMFS anticipates
the full 2016 General category quota
may not be harvested. In September
through December 2015, under a fourfish limit through November 27 and a
three-fish limit November 28 through
December 31, BFT landings were
approximately 410 mt. See below for
description of 2015 quota transfers to
the General category. For the entire 2015
fishing year, 131.7 percent and 95.1
percent of the baseline and adjusted
General category quota was filled,
respectively. However, in 2014, 94.6
percent of the available (i.e., baseline)
General category quota was filled under
a four-fish limit (i.e., the full 2014
General category quota was not
harvested).
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
percentage of trips that landed one, two,
three, or four BFT was as follows: 76
percent landed one BFT; 14 percent
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Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations
landed two BFT; 5 percent landed three
BFT; and 5 percent landed four BFT. In
the last few years, NMFS has received
some comments 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, later this
summer 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
regulatory determination criteria, as
NMFS did for late 2015 (80 FR 68265,
November 4, 2015; 80 FR 74997,
December 1, 2015). Those transfers were
intended to provide additional
opportunities to harvest the U.S. BFT
quota without exceeding it. Therefore,
NMFS anticipates that General category
participants in all areas and time
periods will have opportunities to
harvest the 2016 General category quota.
A limit lower than five fish could
result in unused quota being rolled
forward to the subsequent subquota
time period in the General category
season. Increasing the daily retention
limit from the default may prevent
rolling an excessive amount of unused
quota forward 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 September, October
through November, and December
subquota periods. 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
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category retention limit is warranted. It
would provide a reasonable opportunity
to harvest the full U.S. BFT quota
(including the expected increase in
available 2016 quota based on 2015
underharvest), 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 September 1, 2016,
through December 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 September through
December 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 report landings 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
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59155
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.
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. 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
September 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.
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This action is being taken under
§ 635.23(a)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 24, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–20768 Filed 8–25–16; 4:15 pm]
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]]>Agencies
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Rules and Regulations]
[Pages 59153-59156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20768]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XE820
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 the
September, October through November, and December subquota time periods
of the 2016 fishing year. This action is based on consideration of the
regulatory determination criteria regarding inseason adjustments, and
applies to Atlantic Tunas General category (commercial) permitted
vessels and Highly Migratory Species (HMS) Charter/Headboat category
permitted vessels when fishing commercially for BFT.
DATES: Effective September 1, 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 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
baseline General category subquotas include 123.7 mt for
[[Page 59154]]
September, 60.7 mt for October through November, and 24.3 mt for
December. NMFS transferred 21 mt of BFT quota from the December 2016
subquota to the January 2016 subquota period (80 FR 77264, December 14,
2015).
Adjustment of General Category Daily Retention Limit
Unless changed, the General category daily retention limit starting
on September 1 would be the default retention limit of one large medium
or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or
greater) per vessel per day/trip (Sec. 635.23(a)(2)). This default
retention limit would apply to General category permitted vessels and
to HMS Charter/Headboat category permitted vessels when fishing
commercially for BFT.
For the 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). For the June through August 2016 subquota period,
NMFS adjusted the daily retention limit to five large medium or giant
BFT (81 FR 29501; May 12, 2016).
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 September through December
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
Assessment 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 migrated to the fishing grounds off the
northeast U.S. coast by early June and are actively being landed. As of
August 17, 2016, approximately 210 mt of the 2016 General category
quota of 466.7 mt have been landed, and landings rates remain at
approximately 1-2 mt per day. Given the rollover of unused quota from
one time period to the next, current catch rates, and the fact that the
daily retention limit will automatically revert to one large medium or
giant BFT per vessel per day on September 1, 2016, absent agency
action, NMFS anticipates the full 2016 General category quota may not
be harvested. In September through December 2015, under a four-fish
limit through November 27 and a three-fish limit November 28 through
December 31, BFT landings were approximately 410 mt. See below for
description of 2015 quota transfers to the General category. For the
entire 2015 fishing year, 131.7 percent and 95.1 percent of the
baseline and adjusted General category quota was filled, respectively.
However, in 2014, 94.6 percent of the available (i.e., baseline)
General category quota was filled under a four-fish limit (i.e., the
full 2014 General category quota was not harvested).
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 percentage
of trips that landed one, two, three, or four BFT was as follows: 76
percent landed one BFT; 14 percent
[[Page 59155]]
landed two BFT; 5 percent landed three BFT; and 5 percent landed four
BFT. In the last few years, NMFS has received some comments 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, later this
summer 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
regulatory determination criteria, as NMFS did for late 2015 (80 FR
68265, November 4, 2015; 80 FR 74997, December 1, 2015). Those
transfers were intended to provide additional opportunities to harvest
the U.S. BFT quota without exceeding it. Therefore, NMFS anticipates
that General category participants in all areas and time periods will
have opportunities to harvest the 2016 General category quota.
A limit lower than five fish could result in unused quota being
rolled forward to the subsequent subquota time period in the General
category season. Increasing the daily retention limit from the default
may prevent rolling an excessive amount of unused quota forward 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
September, October through November, and December subquota periods.
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. It would provide a
reasonable opportunity to harvest the full U.S. BFT quota (including
the expected increase in available 2016 quota based on 2015
underharvest), 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 September 1, 2016, through December 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 September through December 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 report landings 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.
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.
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 September 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.
[[Page 59156]]
This action is being taken under Sec. 635.23(a)(4) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: August 24, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-20768 Filed 8-25-16; 4:15 pm]
BILLING CODE 3510-22-P
