Atlantic Highly Migratory Species; Adjustments to 2016 Northern Albacore Tuna and Atlantic Bluefin Tuna Quotas, 60286-60288 [2016-21067]
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60286
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 29, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–21090 Filed 8–29–16; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 160706586–6780–01]
RIN 0648–XE726
Atlantic Highly Migratory Species;
Adjustments to 2016 Northern
Albacore Tuna and Atlantic Bluefin
Tuna Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
adjustments to 2016 northern albacore
quota and 2016 Atlantic bluefin tuna
Reserve category quota.
AGENCY:
NMFS adjusts the northern
albacore (NALB) annual baseline quota
for 2016 with available underharvest of
the 2015 adjusted U.S. NALB quota.
NMFS also augments the 2016 Atlantic
bluefin tuna (BFT) Reserve category
quota with available underharvest of the
2015 adjusted U.S. BFT quota. This
action is necessary to implement
binding recommendations of the
International Commission for the
Conservation of Atlantic Tunas (ICCAT),
as required by the Atlantic Tunas
Convention Act (ATCA), and to achieve
domestic management objectives under
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective September 1, 2016
through December 31, 2016.
ADDRESSES: Supporting documents such
as the Environmental Assessments and
Fishery Management Plans and their
Amendments described below may be
downloaded from the HMS Web site at
www.nmfs.noaa.gov/sfa/hms/. These
documents also are available upon
request from Sarah McLaughlin or Brad
McHale at the telephone number below.
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
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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 NALB
and BFT by persons and vessels subject
to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27(e) describes the
NALB annual quota recommended by
ICCAT and the annual NALB quota
adjustment process. Section 635.27(a)
subdivides the ICCAT-recommended
U.S. BFT quota among the various
domestic fishing categories, per the
allocations established in the 2006
Consolidated Atlantic 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 describes
the annual BFT quota adjustment
process. 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 quotas.
The NALB quota implementation and
quota adjustment processes, along with
the BFT quota adjustment process, were
previously analyzed in Amendment 7,
which included a Final Environmental
Impact Statement, Final Regulatory
Impact Review, Final Regulatory
Flexibility Analysis, and Final Social
Impact Statement, published in August
2014. ICCAT conducted another BFT
stock assessment update in 2014, and,
after considering the scientific advice in
the stock assessment, adopted a
recommendation regarding western
Atlantic bluefin tuna management that
increases the U.S. bluefin tuna quota for
2015 and 2016 (ICCAT
Recommendation 14–05:
‘‘Recommendation by ICCAT Amending
the Supplemental Recommendation by
ICCAT Concerning the Western Atlantic
BFT Rebuilding Program’’). NMFS
published a final rule to implement that
baseline annual U.S. BFT quota on
August 28, 2015 (‘‘BFT Quota Rule,’’ 80
FR 52198), and prepared an
Environmental Assessment, Regulatory
Impact Review, and Final Regulatory
Flexibility Analysis for that action.
NALB Annual Quota and Adjustment
Process
As described in the final rule
implementing Amendment 7, since
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Fmt 4700
Sfmt 4700
1998, ICCAT has adopted
recommendations regarding the NALB
fishery. A multiyear management
measure for northern albacore tuna was
first adopted in 2003, setting the Total
Allowable Catch (TAC) at 34,500 mt.
ICCAT’s Standing Committee on
Research and Statistics (SCRS) assessed
the northern albacore tuna stock in 2009
and concluded that the stock continues
to be overfished with overfishing
occurring, recommending a level of
catch of no more than 28,000 mt to meet
ICCAT management objectives by 2020.
In response, in 2009, ICCAT established
the NALB rebuilding program via
Recommendation 09–05, effective for
2010 and 2011, setting a 28,000-mt TAC
and including several provisions to
limit catches by individual ICCAT
Contracting Parties (for major and minor
harvesters) and reduce the amount of
unharvested quota that could be carried
forward from one year to the next, from
50 percent to 25 percent of a Contracting
Party’s initial catch quota. Subsequent
ICCAT NALB Recommendations 11–04
and 13–05 (both entitled ‘‘Supplemental
Recommendation by ICCAT Concerning
the North Atlantic Albacore Rebuilding
Program’’) maintained the TAC at
28,000 mt for 2012 through 2016 and
contained specific recommendations
regarding the NALB rebuilding program,
including allocation of the annual TAC
among the European Union, Chinese
Taipei, the United States, and
Venezuela. The U.S. quota for 2012
through 2016 has been 527 mt,
annually. These recommendations limit
Japanese northern albacore tuna catches
to 4 percent in weight of its total
Atlantic bigeye tuna longline catch, and
limits the catches of other ICCAT parties
to 200 mt. Recommendation 13–05 also
specifies that quota adjustments for a
given year’s underharvest or overharvest
must be made within 2 years from the
subject year (i.e., adjustments based on
2015 catches would be made during or
before 2017). The maximum
underharvest can be carried forward
from one year to the next remains at 25
percent of a Contracting Party’s initial
catch quota.
The annual U.S. NALB quota of 527
mt is codified at § 635.27(e) and will
remain in effect until changed (for
instance, if a new ICCAT NALB TAC
recommendation is adopted). Because
ICCAT adopted TACs for 2014, 2015,
and 2016 in Recommendation 13–05,
NMFS currently anticipates that these
annual base quotas would be in effect
through 2016, but they will remain in
place unless and until a new NALB TAC
and catch limits are adopted by ICCAT.
Amendment 7 established the process
by which NMFS adjusts the U.S. annual
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Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
annual baseline quotas would be in
effect through 2016, but they will
remain in place unless and until a new
western BFT TAC and catch limits are
adopted by ICCAT.
NALB quota for any previous year’s
underharvest. NMFS makes such
adjustments consistent with ICCAT
limits and when complete catch
information for the prior year is
available and finalized.
asabaliauskas on DSK3SPTVN1PROD with RULES
Adjustment of the 2016 NALB Quota
Based on NMFS’ best available
information as of July 21, 2016, the total
2015 NALB catch is 247.70 mt, which
is 293.61 mt less than the 2015 adjusted
quota (i.e., 527 mt plus 14.31 mt of 2014
underharvest carried forward to 2015,
totaling 541.31 mt). Thus, the
underharvest for 2015 is 293.61 mt. Per
the 2013 ICCAT recommendation, only
25 percent of the total 2015 U.S. quota,
or 131.75 mt, of that underharvest may
be carried forward to the 2016 fishing
year. Consistent with the process
established in Amendment 7, the
adjusted 2016 NALB quota is 527 mt
plus 131.75 mt, totaling 658.75 mt.
BFT Annual Quota and Adjustment
Process
Pursuant to Amendment 7, NMFS
augments the Reserve category quota to
the extent that underharvest from the
prior year’s adjusted U.S. BFT quota is
available. NMFS makes such
adjustments consistent with ICCAT
limits and when complete catch
information for the prior year is
available and finalized. Consistent with
the BFT quota regulations, NMFS may
allocate any portion of the Reserve
category quota for inseason or annual
adjustments to any fishing category
quota pursuant to regulatory
determination criteria described at
§ 635.27(a)(8), or for scientific research.
NMFS implemented ICCAT
Recommendation 14–05 in the BFT
quota final rule in August 2015 (80 FR
52198, August 28, 2015). That
rulemaking implemented
Recommendation 14–05, which
included a 2,000-mt western BFT TAC
of 2,000 mt (for 2015 and 2016) and the
recommended annual U.S. baseline
quota of 1,058.79 mt. The total annual
U.S. quota, including the 25 mt to
account for bycatch related to pelagic
longline fisheries in the Northeast
Distant gear restricted area (NED) is
1,083.79 mt. The maximum
underharvest that a Contracting Party
may carry forward from one year to the
next is 10 percent of its total quota.
The baseline annual U.S. BFT quota
of 1,058.79 mt is codified at § 635.27(a)
and will remain in effect until changed
(for instance, if a new ICCAT western
BFT TAC recommendation is adopted).
Because ICCAT adopted TACs for 2015
and 2016 in Recommendation 14–05,
NMFS currently anticipates that these
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Adjustment of the 2016 BFT Reserve
Category Quota
Based on NMFS’ best available
information as of July 21, 2016, the total
2015 BFT catch is 896.30 mt. This total
catch includes 876.80 mt of landings
and 19.50 mt of dead discards, which
includes the best available estimate of
14.60 mt of dead discards for the pelagic
longline fishery and the observed dead
discards of 4.90 mt for the purse seine
fishery. The total catch of 896.30 mt is
282.36 mt less than the quota available
for 2015 landings and dead discards
(i.e., 1,083.79 mt plus 94.87 mt of 2014
underharvest carried forward to 2015,
totaling 1,178.66 mt). Thus, the
underharvest for 2015 is 282.36 mt. Per
the 2014 ICCAT recommendation, only
10 percent of the total 2015 U.S. quota,
or 108.38 mt, of that underharvest may
be carried forward to the 2016 fishing
year. The codified Reserve category
quota is 24.8 mt. Consistent with the
process established in Amendment 7,
NMFS augments the Reserve category
quota with 108.38 mt in this action.
Effective January 1, 2016, NMFS
adjusted the Reserve category quota for
2016 to 92.2 mt by reallocating 101.4 mt
of Purse Seine quota to the Reserve
category (based on 2015 catch by Purse
Seine category participants and
provisions for calculating Purse Seine
allocations in Amendment 7) and also
transferring 34 mt of Reserve category
quota to the Longline category (81 FR
19, January 4, 2016). Thus, as of the
effective date of this action (September
1, 2016), the adjusted 2016 Reserve
category quota will be 200.58 mt (i.e.,
92.2 mt plus 108.38 mt).
Classification
The Assistant Administrator for
NMFS (AA) has determined that this
final rule is consistent with the
Magnuson-Stevens Act, the 2006
Consolidated Atlantic HMS FMP and its
amendments, ATCA, and other
applicable law.
The AA finds that it would be
unnecessary and contrary to the public
interest to provide prior notice of, and
an opportunity for public comment on,
this action for the following reasons:
NMFS solicited and accepted public
comment on the NALB quota
implementation and quota adjustment
processes, along with the BFT quota
adjustment process, as part of the
Amendment 7 rulemaking. Comments
on these provisions in response to the
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Fmt 4700
Sfmt 4700
60287
proposed Amendment 7 rulemaking
were generally supportive and were
addressed in the Response to Comments
section of the Amendment 7 final rule.
(See comments 18, 19, and 105 at 79 FR
71530–71531 and 71553). This action
applies the formula noticed to the
public in the earlier action (Amendment
7), using the best available data
regarding 2015 catch and underharvest
and calculating allowable underharvest
consistent with ICCAT
recommendations. The Amendment 7
rulemaking specifically provided prior
notice of, and accepted public comment
on, these formulaic quota adjustment
processes and the manner in which they
occur. The application of this formula in
this action does not have discretionary
aspects requiring additional agency
consideration and thus public comment
for this action would not and could not
result in any changes.
There is good cause under U.S.C.
553(d)(3) to waive the 30-day delay in
effective date and make the rule
effective upon publication in the
Federal Register. The fisheries for
NALB and BFT began on January 1,
2016. NMFS monitors NALB and BFT
annual catch against the available quota.
Delaying the effective date of these
quota adjustments would unnecessarily
complicate the management of the
NALB and BFT fisheries, which rely on
management flexibility to respond
quickly to fishery conditions to ensure
that fishermen have a reasonable
opportunity to catch the available quota.
For example, under the NALB fishery
closure regulations, NMFS must close
the fishery when the annual fishery
quota is reached. Closure of the fishery
based only on the baseline (codified)
quota versus the adjusted NALB quota
would preclude the fishery from
harvesting NALB that are legally
available consistent with the ICCAT
recommendations and the 2006
Consolidated HMS FMP, as amended.
Adjusting the BFT Reserve category as
soon as possible provides NMFS the
flexibility to transfer quota from the
Reserve to other fishing categories
inseason after considering the regulatory
determination criteria, including fishery
conditions at the time of the transfer.
NMFS could not appropriately adjust
the annual quotas for 2016 sooner
because the data needed to make the
determination only became available in
late July and additional time was
needed for agency analysis and
consideration of the data.
Additionally, to prevent confusion
and potential overharvests, these
adjustments should be in place as soon
as possible to allow the impacted
sectors to benefit from any subsequent
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Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
quota adjustments to the fishing
categories, give them a reasonable
opportunity to catch available quota,
and provide them the opportunity for
planning operations accordingly.
This action is being taken under
§§ 635.27(e) and 635.27(a)(10) and is
exempt from review under Executive
Order 12866.
This final rule does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 25, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–21067 Filed 8–31–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 140904754–5188–02]
RIN 0648–BG27
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2015–2016 Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
inseason changes to management
measures in the Pacific Coast groundfish
fisheries. This action, which is
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP), is intended to allow
fisheries to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective
September 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Benjamin Mann, phone: 206–526–6117,
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
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16:43 Aug 31, 2016
Jkt 238001
fax: 206–526–6736, or email:
benjamin.mann@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This rule is accessible via the Internet
at the Office of the Federal Register Web
site at https://www.federalregister.gov.
Background information and documents
are available at the Pacific Fishery
Management Council’s Web site at
https://www.pcouncil.org/. Copies of the
final environmental impact statement
(FEIS) for the Groundfish Specifications
and Management Measures for 2015–
2016 and Biennial Periods Thereafter
are available from Chuck Tracy,
Executive Director, Pacific Fishery
Management Council (Council), 7700
NE Ambassador Place, Portland, OR
97220, phone: 503–820–2280.
Background
The Pacific Fishery Management
Council (Council)—in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California—recommended changes to
groundfish management measures at its
June 21–28, 2016, meeting. Specifically,
the Council recommended taking a
portion of the Pacific ocean perch (POP)
initially deducted from the annual catch
limit (ACL) and making it available to
the mothership (MS) sector; a trip limit
increase for black rockfish in the limited
entry fixed gear (LEFG) and open access
(OA) fisheries in northern California;
and trip limit reductions in the OA
sablefish daily trip limit (DTL) fishery
north of 36° N. lat.
Transferring POP to the Mothership
Sector
As part of biennial harvest
specifications and management
measures, ACLs are set for non-whiting
groundfish species, deductions are
made ‘‘off-the-top’’ from the ACL to
account for various sources of mortality
(including scientific research activities)
and the remainder, the fishery harvest
guideline, is allocated among the
various groundfish fisheries. The
limited availability of overfished species
that can be taken as incidental catch in
the Pacific whiting fishery, particularly
darkblotched rockfish, POP, and canary
rockfish, led NMFS to implement
sector-specific allocations for these
species to the Pacific whiting fisheries.
If the sector-specific allocation for a
non-whiting species is reached, NMFS
may close one or more of the at-sea
sectors automatically, per regulations at
§ 660.60(d).
At the June, 2016 meeting, MS and
catcher/processor (C/P) sectors
requested more POP to accommodate
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Fmt 4700
Sfmt 4700
higher than anticipated harvest and
prevent closure of the fishery prior to
harvesting their allocations of Pacific
whiting.
At the start of 2016, the MS and C/P
sectors of the Pacific whiting fishery
were allocated 7.2 mt and 10.2 mt of
POP respectively, per regulations at
§ 660.55(c)(1)(i)(B). According to the
best fishery information available at the
June 2016 meeting, POP bycatch in the
MS sector was approximately double
2016 POP bycatch projections. At that
time, best available information
regarding bycatch rates of POP in the
MS sector indicated that if those rates
continued, only 53 percent (38,246 mt)
of the Pacific whiting allocation would
be harvested by the end of the 2016
fishery. Therefore, the Council
recommended that NMFS monitor
fishery harvest of Pacific whiting and
POP relative to their respective at-sea
sector allocations, update projections of
Pacific whiting allocation attainment
based on new, updated POP bycatch
rates, and if necessary, transfer some
POP that would otherwise go
unharvested to either the MS or C/P
sectors as needed.
Current projections by the Northwest
Fishery Science Center indicate that
approximately 3.7 mt of POP off-the-top
deductions for scientific research would
remain unharvested through the end of
the year. As of August 11, 2016, the C/
P sector has only harvested
approximately 4.1 percent (0.41 mt) of
its 2016 POP allocation indicating the
C/P sector has sufficient POP allocation
to cover their Pacific whiting harvests.
However, approximately 70 percent (5.0
mt) of the total MS sector POP
allocation has been harvested and only
approximately 47 percent (34,256.46 mt)
of the Pacific whiting allocation has
been harvested. Using the most recent
catch data through August 11, 2016,
NMFS projects that at current rates, the
MS sector will only harvest
approximately 49 percent (35,486.35 mt)
of its total Pacific whiting allocation
(74,415 mt) before reaching the 7.2 mt
POP allocation. Therefore, consistent
with the Council’s June
recommendation to take into account
the best estimates of the amount of POP
available and the updated bycatch rates
in the MS and C/P fisheries, NMFS is
transferring 3.0 mt of POP to the at-sea
sectors.
This rule transfers 3.0 mt of POP that
is expected to go unharvested from the
scientific research off-the-top deduction
to the MS sector. This transfer increases
the MS sector POP allocation from 7.2
mt to 10.2 mt. The remaining amount in
the off-the-top deduction for scientific
research is anticipated to go
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Agencies
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Rules and Regulations]
[Pages 60286-60288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21067]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 160706586-6780-01]
RIN 0648-XE726
Atlantic Highly Migratory Species; Adjustments to 2016 Northern
Albacore Tuna and Atlantic Bluefin Tuna Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule; adjustments to 2016 northern albacore
quota and 2016 Atlantic bluefin tuna Reserve category quota.
-----------------------------------------------------------------------
SUMMARY: NMFS adjusts the northern albacore (NALB) annual baseline
quota for 2016 with available underharvest of the 2015 adjusted U.S.
NALB quota. NMFS also augments the 2016 Atlantic bluefin tuna (BFT)
Reserve category quota with available underharvest of the 2015 adjusted
U.S. BFT quota. This action is necessary to implement binding
recommendations of the International Commission for the Conservation of
Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention
Act (ATCA), and to achieve domestic management objectives under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
DATES: Effective September 1, 2016 through December 31, 2016.
ADDRESSES: Supporting documents such as the Environmental Assessments
and Fishery Management Plans and their Amendments described below may
be downloaded from the HMS Web site at www.nmfs.noaa.gov/sfa/hms/.
These documents also are available upon request from Sarah McLaughlin
or Brad McHale at the telephone number below.
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 NALB and
BFT by persons and vessels subject to U.S. jurisdiction are found at 50
CFR part 635. Section 635.27(e) describes the NALB annual quota
recommended by ICCAT and the annual NALB quota adjustment process.
Section 635.27(a) subdivides the ICCAT-recommended U.S. BFT quota among
the various domestic fishing categories, per the allocations
established in the 2006 Consolidated Atlantic 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 describes
the annual BFT quota adjustment process. 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 quotas.
The NALB quota implementation and quota adjustment processes, along
with the BFT quota adjustment process, were previously analyzed in
Amendment 7, which included a Final Environmental Impact Statement,
Final Regulatory Impact Review, Final Regulatory Flexibility Analysis,
and Final Social Impact Statement, published in August 2014. ICCAT
conducted another BFT stock assessment update in 2014, and, after
considering the scientific advice in the stock assessment, adopted a
recommendation regarding western Atlantic bluefin tuna management that
increases the U.S. bluefin tuna quota for 2015 and 2016 (ICCAT
Recommendation 14-05: ``Recommendation by ICCAT Amending the
Supplemental Recommendation by ICCAT Concerning the Western Atlantic
BFT Rebuilding Program''). NMFS published a final rule to implement
that baseline annual U.S. BFT quota on August 28, 2015 (``BFT Quota
Rule,'' 80 FR 52198), and prepared an Environmental Assessment,
Regulatory Impact Review, and Final Regulatory Flexibility Analysis for
that action.
NALB Annual Quota and Adjustment Process
As described in the final rule implementing Amendment 7, since
1998, ICCAT has adopted recommendations regarding the NALB fishery. A
multiyear management measure for northern albacore tuna was first
adopted in 2003, setting the Total Allowable Catch (TAC) at 34,500 mt.
ICCAT's Standing Committee on Research and Statistics (SCRS) assessed
the northern albacore tuna stock in 2009 and concluded that the stock
continues to be overfished with overfishing occurring, recommending a
level of catch of no more than 28,000 mt to meet ICCAT management
objectives by 2020. In response, in 2009, ICCAT established the NALB
rebuilding program via Recommendation 09-05, effective for 2010 and
2011, setting a 28,000-mt TAC and including several provisions to limit
catches by individual ICCAT Contracting Parties (for major and minor
harvesters) and reduce the amount of unharvested quota that could be
carried forward from one year to the next, from 50 percent to 25
percent of a Contracting Party's initial catch quota. Subsequent ICCAT
NALB Recommendations 11-04 and 13-05 (both entitled ``Supplemental
Recommendation by ICCAT Concerning the North Atlantic Albacore
Rebuilding Program'') maintained the TAC at 28,000 mt for 2012 through
2016 and contained specific recommendations regarding the NALB
rebuilding program, including allocation of the annual TAC among the
European Union, Chinese Taipei, the United States, and Venezuela. The
U.S. quota for 2012 through 2016 has been 527 mt, annually. These
recommendations limit Japanese northern albacore tuna catches to 4
percent in weight of its total Atlantic bigeye tuna longline catch, and
limits the catches of other ICCAT parties to 200 mt. Recommendation 13-
05 also specifies that quota adjustments for a given year's
underharvest or overharvest must be made within 2 years from the
subject year (i.e., adjustments based on 2015 catches would be made
during or before 2017). The maximum underharvest can be carried forward
from one year to the next remains at 25 percent of a Contracting
Party's initial catch quota.
The annual U.S. NALB quota of 527 mt is codified at Sec. 635.27(e)
and will remain in effect until changed (for instance, if a new ICCAT
NALB TAC recommendation is adopted). Because ICCAT adopted TACs for
2014, 2015, and 2016 in Recommendation 13-05, NMFS currently
anticipates that these annual base quotas would be in effect through
2016, but they will remain in place unless and until a new NALB TAC and
catch limits are adopted by ICCAT.
Amendment 7 established the process by which NMFS adjusts the U.S.
annual
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NALB quota for any previous year's underharvest. NMFS makes such
adjustments consistent with ICCAT limits and when complete catch
information for the prior year is available and finalized.
Adjustment of the 2016 NALB Quota
Based on NMFS' best available information as of July 21, 2016, the
total 2015 NALB catch is 247.70 mt, which is 293.61 mt less than the
2015 adjusted quota (i.e., 527 mt plus 14.31 mt of 2014 underharvest
carried forward to 2015, totaling 541.31 mt). Thus, the underharvest
for 2015 is 293.61 mt. Per the 2013 ICCAT recommendation, only 25
percent of the total 2015 U.S. quota, or 131.75 mt, of that
underharvest may be carried forward to the 2016 fishing year.
Consistent with the process established in Amendment 7, the adjusted
2016 NALB quota is 527 mt plus 131.75 mt, totaling 658.75 mt.
BFT Annual Quota and Adjustment Process
Pursuant to Amendment 7, NMFS augments the Reserve category quota
to the extent that underharvest from the prior year's adjusted U.S. BFT
quota is available. NMFS makes such adjustments consistent with ICCAT
limits and when complete catch information for the prior year is
available and finalized. Consistent with the BFT quota regulations,
NMFS may allocate any portion of the Reserve category quota for
inseason or annual adjustments to any fishing category quota pursuant
to regulatory determination criteria described at Sec. 635.27(a)(8),
or for scientific research.
NMFS implemented ICCAT Recommendation 14-05 in the BFT quota final
rule in August 2015 (80 FR 52198, August 28, 2015). That rulemaking
implemented Recommendation 14-05, which included a 2,000-mt western BFT
TAC of 2,000 mt (for 2015 and 2016) and the recommended annual U.S.
baseline quota of 1,058.79 mt. The total annual U.S. quota, including
the 25 mt to account for bycatch related to pelagic longline fisheries
in the Northeast Distant gear restricted area (NED) is 1,083.79 mt. The
maximum underharvest that a Contracting Party may carry forward from
one year to the next is 10 percent of its total quota.
The baseline annual U.S. BFT quota of 1,058.79 mt is codified at
Sec. 635.27(a) and will remain in effect until changed (for instance,
if a new ICCAT western BFT TAC recommendation is adopted). Because
ICCAT adopted TACs for 2015 and 2016 in Recommendation 14-05, NMFS
currently anticipates that these annual baseline quotas would be in
effect through 2016, but they will remain in place unless and until a
new western BFT TAC and catch limits are adopted by ICCAT.
Adjustment of the 2016 BFT Reserve Category Quota
Based on NMFS' best available information as of July 21, 2016, the
total 2015 BFT catch is 896.30 mt. This total catch includes 876.80 mt
of landings and 19.50 mt of dead discards, which includes the best
available estimate of 14.60 mt of dead discards for the pelagic
longline fishery and the observed dead discards of 4.90 mt for the
purse seine fishery. The total catch of 896.30 mt is 282.36 mt less
than the quota available for 2015 landings and dead discards (i.e.,
1,083.79 mt plus 94.87 mt of 2014 underharvest carried forward to 2015,
totaling 1,178.66 mt). Thus, the underharvest for 2015 is 282.36 mt.
Per the 2014 ICCAT recommendation, only 10 percent of the total 2015
U.S. quota, or 108.38 mt, of that underharvest may be carried forward
to the 2016 fishing year. The codified Reserve category quota is 24.8
mt. Consistent with the process established in Amendment 7, NMFS
augments the Reserve category quota with 108.38 mt in this action.
Effective January 1, 2016, NMFS adjusted the Reserve category quota for
2016 to 92.2 mt by reallocating 101.4 mt of Purse Seine quota to the
Reserve category (based on 2015 catch by Purse Seine category
participants and provisions for calculating Purse Seine allocations in
Amendment 7) and also transferring 34 mt of Reserve category quota to
the Longline category (81 FR 19, January 4, 2016). Thus, as of the
effective date of this action (September 1, 2016), the adjusted 2016
Reserve category quota will be 200.58 mt (i.e., 92.2 mt plus 108.38
mt).
Classification
The Assistant Administrator for NMFS (AA) has determined that this
final rule is consistent with the Magnuson-Stevens Act, the 2006
Consolidated Atlantic HMS FMP and its amendments, ATCA, and other
applicable law.
The AA finds that it would be unnecessary and contrary to the
public interest to provide prior notice of, and an opportunity for
public comment on, this action for the following reasons:
NMFS solicited and accepted public comment on the NALB quota
implementation and quota adjustment processes, along with the BFT quota
adjustment process, as part of the Amendment 7 rulemaking. Comments on
these provisions in response to the proposed Amendment 7 rulemaking
were generally supportive and were addressed in the Response to
Comments section of the Amendment 7 final rule. (See comments 18, 19,
and 105 at 79 FR 71530-71531 and 71553). This action applies the
formula noticed to the public in the earlier action (Amendment 7),
using the best available data regarding 2015 catch and underharvest and
calculating allowable underharvest consistent with ICCAT
recommendations. The Amendment 7 rulemaking specifically provided prior
notice of, and accepted public comment on, these formulaic quota
adjustment processes and the manner in which they occur. The
application of this formula in this action does not have discretionary
aspects requiring additional agency consideration and thus public
comment for this action would not and could not result in any changes.
There is good cause under U.S.C. 553(d)(3) to waive the 30-day
delay in effective date and make the rule effective upon publication in
the Federal Register. The fisheries for NALB and BFT began on January
1, 2016. NMFS monitors NALB and BFT annual catch against the available
quota. Delaying the effective date of these quota adjustments would
unnecessarily complicate the management of the NALB and BFT fisheries,
which rely on management flexibility to respond quickly to fishery
conditions to ensure that fishermen have a reasonable opportunity to
catch the available quota. For example, under the NALB fishery closure
regulations, NMFS must close the fishery when the annual fishery quota
is reached. Closure of the fishery based only on the baseline
(codified) quota versus the adjusted NALB quota would preclude the
fishery from harvesting NALB that are legally available consistent with
the ICCAT recommendations and the 2006 Consolidated HMS FMP, as
amended. Adjusting the BFT Reserve category as soon as possible
provides NMFS the flexibility to transfer quota from the Reserve to
other fishing categories inseason after considering the regulatory
determination criteria, including fishery conditions at the time of the
transfer. NMFS could not appropriately adjust the annual quotas for
2016 sooner because the data needed to make the determination only
became available in late July and additional time was needed for agency
analysis and consideration of the data.
Additionally, to prevent confusion and potential overharvests,
these adjustments should be in place as soon as possible to allow the
impacted sectors to benefit from any subsequent
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quota adjustments to the fishing categories, give them a reasonable
opportunity to catch available quota, and provide them the opportunity
for planning operations accordingly.
This action is being taken under Sec. Sec. 635.27(e) and
635.27(a)(10) and is exempt from review under Executive Order 12866.
This final rule does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: August 25, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-21067 Filed 8-31-16; 8:45 am]
BILLING CODE 3510-22-P