Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 71639-71641 [2016-25309]
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Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XE963
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category bluefin tuna quota
transfer and retention limit adjustment.
AGENCY:
NMFS is transferring 18
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Harpoon category
and 67 mt from the Reserve category to
the General category for the remainder
of the 2016 fishing year. These transfers
result in adjusted 2016 quotas of 676.7
mt, 20.6 mt, and 8.6 mt for the General,
Harpoon, and Reserve category quotas,
respectively. NMFS also is adjusting the
Atlantic tunas General category BFT
daily retention limit from four large
medium or giant BFT per vessel per
day/trip to two large medium or giant
BFT per vessel per day/trip for the
remainder 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.
SUMMARY:
The quota transfer is effective
October 14, 2016, through December 31,
2016. The General category retention
limit adjustment is effective October 17,
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)
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DATES:
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among the various domestic fishing
categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006), as amended by Amendment 7 to
the 2006 Consolidated HMS FMP
(Amendment 7) (79 FR 71510, December
2, 2014). NMFS is required under ATCA
and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
The base quota for the General
category is 466.7 mt. See § 635.27(a).
Each of the General category time
periods (January through March, June
through August, September, October
through November, and December) is
allocated a portion of the annual
General category quota. Based on the
General category base quota of 466.7 mt,
the subquotas for each time period are
as follows: 24.7 mt for January; 233.3 mt
for June through August; 123.7 mt for
September; 60.7 mt for October through
November; and 24.3 mt for December.
Any unused General category quota
rolls forward within the fishing year,
which coincides with the calendar year,
from one time period to the next, and
is available for use in subsequent time
periods. On December 14, 2015, NMFS
published an inseason action
transferring 24.3 mt of BFT quota from
the December 2016 subquota to the
January 2016 subquota period (80 FR
77264). To date this year, NMFS has
published three actions that have
adjusted and/or distributed the available
2016 Reserve category quota, which is
currently 75.6 mt (81 FR 19, January 4,
2016; 81 FR 60286, September 1, 2016;
and 81 FR 70369, October 12, 2016).
The 2016 General category fishery
was open January 1, 2016, through
March 31, 2016, reopened June 1, 2016,
and remains open until December 31,
2016, or until the adjusted General
category quota is reached, whichever
comes first.
NMFS recently took a similar action
(81 FR 70369, October 12, 2016) which
reduced the daily retention limit from
five to four large medium or giant BFT
per vessel as well as transferred 125 mt
of BFT quota to the General category
from the Reserve category to meet the
same objectives stated below. Based on
continued fish availability, catch rates,
effort, as well as other determination
criteria, NMFS is taking this action with
the same intent.
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering 14 determination criteria
provided under § 635.27(a)(8), including
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71639
five new criteria added in Amendment
7.
NMFS has considered all of the
relevant determination criteria and their
applicability to this inseason quota
transfer and change in retention limit in
the General category fishery. The
criteria and their application are
discussed below.
Transfer of 85 mt to the General
Category
For the inseason quota transfer, NMFS
considered the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)). Biological
samples collected from BFT landed by
General category fishermen and
provided by tuna dealers provide NMFS
with valuable parts and data for ongoing
scientific studies of BFT age and
growth, migration, and reproductive
status. Additional opportunity to land
BFT in the General Category would
support the continued collection of a
broad range of data for these studies and
for stock monitoring purposes.
NMFS also considered the catches of
the General category quota to date and
the likelihood of closure of that segment
of the fishery if no adjustment is made
(§ 635.27(a)(8)(ii)). As of October 11,
2016, the General category has landed
approximately 537 mt of its adjusted
2016 quota of 591.7 mt. Without a quota
transfer, NMFS would have to close the
2016 General category fishery for the
remainder of the year, while unused
quota remains in the Harpoon and
Reserve categories. Regarding the
projected ability of the vessels fishing
under the particular category quota
(here, the General category) to harvest
the additional amount of BFT before the
end of the fishing year
(§ 635.27(a)(8)(iii)), NMFS considered
catches during the winter fishery in the
last several years. General category
landings in the winter BFT fishery,
which typically begins in December or
January each year, are highly variable
and depend on availability of
commercial-sized BFT. Commercialsized BFT have continued to be
available to General category vessels
currently, and General category vessels
should be able to harvest the additional
amount (85 mt) of quota before the end
of the fishing year.
NMFS also considered the estimated
amounts by which quotas for other gear
categories of the fishery might be
exceeded (§ 635.27(a)(8)(iv)) and the
ability to account for all 2016 landings
and dead discards. Overall,
approximately 60 percent of the total of
the currently available commercial BFT
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Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations
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subquotas for 2016 has been harvested.
Activity in the Harpoon category has
stopped for the year. NMFS will need to
account for 2016 landings and dead
discards within the adjusted U.S. quota,
consistent with ICCAT
recommendations and anticipates
having sufficient quota to do that even
with this transfer from the Harpoon and
Reserve categories. These quota
transfers would provide additional
opportunities to harvest the U.S. BFT
quota without exceeding it, while
preserving the opportunity for General
category fishermen to participate in the
fall/winter BFT fishery.
Another principal consideration is the
objective of providing opportunities to
harvest the full annual U.S. BFT quota
without exceeding it based on the goals
of the 2006 Consolidated HMS FMP and
Amendment 7, including to achieve
optimum yield on a continuing basis
and to optimize the ability of all permit
categories to harvest their full BFT
quota allocations (§ 635.27(a)(8)(vi)).
This transfer is consistent with the
quotas established and analyzed in the
most recent 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
(§ 635.27(a)(8)(v) and (x)).
Based on the considerations above,
NMFS is transferring 18 mt of Harpoon
category quota and 67 mt of Reserve
category quota to the General category
for the remainder of 2016, resulting in
adjusted General, Harpoon, and Reserve
category quotas for 2016 of 676.7 mt,
20.6 mt, and 23.6 mt, respectively.
NMFS will close the 2016 General
category fishery for the remainder of the
year when the adjusted General category
quota of 676.7 mt has been reached.
Adjustment of General Category Daily
Retention Limit
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
five per vessel based on consideration of
the relevant criteria provided under
§ 635.27(a)(8), and listed above. NMFS
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
December 2016 (80 FR 77264, December
14, 2015). NMFS adjusted the daily
retention limit to five large medium or
giant BFT for the June through August
2016 subquota period (81 FR 29501,
May 12, 2016), and again for the
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September, October through November,
and December periods (81 FR 59153,
August 29, 2016); and recently to four
large medium or giant BFT (81 FR
70369, October 12, 2016). NMFS has
considered the relevant criteria and
their applicability to the General
category BFT retention limit for the
remainder of the fishing year.
As described above with regard to the
quota transfer, additional opportunity to
land BFT would support the continued
collection of a broad range of data for
the biological studies and for stock
monitoring purposes (§ 635.27(a)(8)(i)).
Regarding the effects of the adjustment
on BFT stock rebuilding and the effects
of the adjustment on accomplishing the
objectives of the fishery management
plan (§ 635.27(a)(8)(v) and (x)), this
action would be taken consistent with
the previously implemented and
analyzed quotas, and it is not expected
to negatively impact stock health or
otherwise affect the stock in ways not
previously analyzed. It is also supported
by the Environmental Analysis for the
2011 final rule regarding General and
Harpoon category management
measures, which established the current
range over which NMFS may set the
General category daily retention limit
(i.e., from zero to five fish) (76 FR
74003, November 30, 2011).
As described above, a principal
consideration is the objective of
providing opportunities to harvest the
available U.S. BFT quota without
exceeding that quota, based on the goals
of the 2006 Consolidated HMS FMP and
Amendment 7. The retention limit
currently is four fish. NMFS is setting
the retention limit at two fish through
this action because, given the expected
level of fishing effort and catch rates, a
continued level of four fish may lead to
exceeding the adjusted category quota,
and less than two would likely result in
underharvest.
Based on these considerations, NMFS
has determined that a two-fish General
category retention limit is warranted for
the remainder of the year. It would
provide a reasonable opportunity to
harvest the U.S. quota of BFT without
exceeding it, while maintaining an
equitable distribution of fishing
opportunities, help optimize the ability
of the General category to harvest its
available quota, allow collection of a
broad range of data for stock monitoring
purposes, and be consistent with the
objectives of the 2006 Consolidated
HMS FMP and amendments. Therefore,
NMFS adjusts the General category
retention limit from four to two large
medium or giant BFT per vessel per
day/trip, effective October 17, 2016,
through December 31, 2016.
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Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example (and specific
to the limit that will apply through the
end of the year), whether a vessel
fishing under the General category limit
takes a two-day trip or makes two trips
in one day, the day/trip limit of two fish
applies and may not be exceeded upon
landing. This General category retention
limit is effective in all areas, except for
the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT, and
applies to those vessels permitted in the
General category, as well as to those
HMS Charter/Headboat permitted
vessels fishing commercially for BFT.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely. Dealers are required
to submit landing reports within 24
hours of a dealer receiving BFT.
General, HMS Charter/Headboat,
Harpoon, and Angling category vessel
owners are required to report the catch
of all BFT retained or discarded dead,
within 24 hours of the landing(s) or end
of each trip, by accessing
hmspermits.noaa.gov. Depending on the
level of fishing effort and catch rates of
BFT, NMFS may determine that
additional action (i.e., quota and/or
daily retention limit adjustment, or
closure) is necessary to ensure available
quota is not exceeded or to enhance
scientific data collection from, and
fishing opportunities in, all geographic
areas. If needed, subsequent
adjustments will be published in the
Federal Register. In addition, fishermen
may call the Atlantic Tunas Information
Line at (978) 281–9260, or access
hmspermits.noaa.gov, for updates on
quota monitoring and inseason
adjustments.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
2006 Consolidated HMS FMP and
amendments provide for inseason
retention limit adjustments to respond
to the unpredictable nature of BFT
availability on the fishing grounds, the
migratory nature of this species, and the
regional variations in the BFT fishery.
Affording prior notice and an
opportunity for public comment to
implement the quota transfer and daily
retention limit for the remainder of the
year is impracticable as NMFS must
react as quickly as possible to updated
data and information that then requires
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Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations
immediate action to be effective on the
fishing grounds and thus efficiently
manage the fishery. NMFS could not
effectively react to this data if, in
implementing the retention limit, it
allowed a public comment period,
which, for both the quota transfers,
would preclude fishermen from
harvesting BFT that are legally available
consistent with all of the regulatory
criteria.
Delays in adjusting the retention limit
may result in the available quota being
exceeded and NMFS needing to close
the fishery earlier than otherwise would
be necessary under a lower limit. This
could adversely affect those General and
HMS Charter/Headboat category vessels
that would otherwise have an
opportunity to harvest BFT under
retention limits set in response to the
most recent data available. Limited
opportunities to harvest the respective
quotas may have negative social and
economic impacts for U.S. fishermen
that depend upon catching the available
quota within the time periods
designated in the 2006 Consolidated
HMS FMP, as amended. Adjustment of
the retention limit needs to be effective
as soon as possible to extend fishing
opportunities for fishermen in
geographic areas with access to the
fishery only during this time period.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For these reasons, there is
good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under
§§ 635.23(a)(4) and 635.27(a)(9), and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: October 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–25309 Filed 10–14–16; 4:15 pm]
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BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160301164–6694–02]
RIN 0648–XE955
Fisheries of the Northeastern United
States; Northeast Skate Complex;
Adjustment to the Skate Bait Inseason
Possession Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
We announce the reduction of
the commercial per-trip skate bait
possession limit from 25,000 lb (11,340
kg) to 9,307 lb (4,222 kg) whole weight
through October 31, 2016. This action is
required to prevent the skate bait Season
2 quota from being exceeded. This
announcement informs the public that
the skate bait possession limit is
reduced.
DATES: Effective October 17, 2016,
through October 31, 2016.
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fishery Policy
Analyst, 978–281–9182.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The bait skate fishery is managed
primarily through the Northeast Skate
Complex Fishery Management Plan. The
regulations describing the process to
adjust inseason commercial possession
limits of skate bait are described at 50
CFR 648.322(b) and (d). When the
National Marine Fisheries Service
Regional Administrator, Greater Atlantic
Region projects that 90 percent of the
skate bait fishery seasonal quota has
been landed, the Regional Administrator
is required to reduce the skate bait trip
limit unless such a reduction would be
expected to prevent attainment of the
seasonal quota or annual TAL. The
current skate bait trip limit is 25,000 lb
(11,340 kg) and the current skate wing
trip limit is 9,307 lb (4,222 kg) whole
weight, 4,100 lb (1,860 kg) skate wings.
Inseason Action
Based on commercial landings data
reported through October 1, 2016, the
skate bait fishery is projected to reach or
exceed 90 percent of the Season 2 quota
on or around October 15, 2016. Further,
catch projections indicate that retaining
the current skate bait possession limits
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71641
would result in 109 percent of the
Season 2 quota being harvested.
Additional projections indicate that the
annual TAL is likely to be attained in
Season 3, even with this season 2
possession limit reduction. Therefore,
consistent with § 648.322(b) and (d) we
are reducing the skate wing trip limit
from 25,000 lb (11,340 kg) to 9,307 lb
(4,222 kg) whole weight [4,100 lb (1,860
kg) skate wings] to prevent the season 2
quota from being exceeded. Beginning
October 17, 2016, no person may
possess on board or land more than
9,307 lb (4,222 kg) of skate bait per trip
for the remainder of Season 2 (i.e.,
through October 31, 2016). The 25,000
lb (11,340 kg) skate bait trip limit is
reinstated on November 1, 2016, the
start of Season 3.
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 13, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–25139 Filed 10–13–16; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150818742–6210–02]
RIN 0648–XE966
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Central Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting retention
of the incidental catch allowance for
Pacific Ocean perch in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary because
the 2016 total allowable catch of Pacific
Ocean perch apportioned to the
incidental catch allowance in the
Central Regulatory Area of the GOA has
been reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), October 14, 2016,
through 2400 hours, A.l.t., December 31,
2016.
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71639-71641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25309]
[[Page 71639]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XE963
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category bluefin tuna quota
transfer and retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 18 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Harpoon category and 67 mt from the Reserve
category to the General category for the remainder of the 2016 fishing
year. These transfers result in adjusted 2016 quotas of 676.7 mt, 20.6
mt, and 8.6 mt for the General, Harpoon, and Reserve category quotas,
respectively. NMFS also is adjusting the Atlantic tunas General
category BFT daily retention limit from four large medium or giant BFT
per vessel per day/trip to two large medium or giant BFT per vessel per
day/trip for the remainder 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: The quota transfer is effective October 14, 2016, through
December 31, 2016. The General category retention limit adjustment is
effective October 17, 2016, through December 31, 2016.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the 2006 Consolidated Highly Migratory
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006), as amended by Amendment 7 to the 2006
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014).
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 base quota for the General category is 466.7 mt. See Sec.
635.27(a). Each of the General category time periods (January through
March, June through August, September, October through November, and
December) is allocated a portion of the annual General category quota.
Based on the General category base quota of 466.7 mt, the subquotas for
each time period are as follows: 24.7 mt for January; 233.3 mt for June
through August; 123.7 mt for September; 60.7 mt for October through
November; and 24.3 mt for December. Any unused General category quota
rolls forward within the fishing year, which coincides with the
calendar year, from one time period to the next, and is available for
use in subsequent time periods. On December 14, 2015, NMFS published an
inseason action transferring 24.3 mt of BFT quota from the December
2016 subquota to the January 2016 subquota period (80 FR 77264). To
date this year, NMFS has published three actions that have adjusted
and/or distributed the available 2016 Reserve category quota, which is
currently 75.6 mt (81 FR 19, January 4, 2016; 81 FR 60286, September 1,
2016; and 81 FR 70369, October 12, 2016).
The 2016 General category fishery was open January 1, 2016, through
March 31, 2016, reopened June 1, 2016, and remains open until December
31, 2016, or until the adjusted General category quota is reached,
whichever comes first.
NMFS recently took a similar action (81 FR 70369, October 12, 2016)
which reduced the daily retention limit from five to four large medium
or giant BFT per vessel as well as transferred 125 mt of BFT quota to
the General category from the Reserve category to meet the same
objectives stated below. Based on continued fish availability, catch
rates, effort, as well as other determination criteria, NMFS is taking
this action with the same intent.
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering 14
determination criteria provided under Sec. 635.27(a)(8), including
five new criteria added in Amendment 7.
NMFS has considered all of the relevant determination criteria and
their applicability to this inseason quota transfer and change in
retention limit in the General category fishery. The criteria and their
application are discussed below.
Transfer of 85 mt to the General Category
For the inseason quota transfer, NMFS considered the usefulness of
information obtained from catches in the particular category for
biological sampling and monitoring of the status of the stock (Sec.
635.27(a)(8)(i)). Biological samples collected from BFT landed by
General category fishermen and provided by tuna dealers provide NMFS
with valuable parts and data for ongoing scientific studies of BFT age
and growth, migration, and reproductive status. Additional opportunity
to land BFT in the General Category would support the continued
collection of a broad range of data for these studies and for stock
monitoring purposes.
NMFS also considered the catches of the General category quota to
date and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(8)(ii)). As of October 11, 2016,
the General category has landed approximately 537 mt of its adjusted
2016 quota of 591.7 mt. Without a quota transfer, NMFS would have to
close the 2016 General category fishery for the remainder of the year,
while unused quota remains in the Harpoon and Reserve categories.
Regarding the projected ability of the vessels fishing under the
particular category quota (here, the General category) to harvest the
additional amount of BFT before the end of the fishing year (Sec.
635.27(a)(8)(iii)), NMFS considered catches during the winter fishery
in the last several years. General category landings in the winter BFT
fishery, which typically begins in December or January each year, are
highly variable and depend on availability of commercial-sized BFT.
Commercial-sized BFT have continued to be available to General category
vessels currently, and General category vessels should be able to
harvest the additional amount (85 mt) of quota before the end of the
fishing year.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the fishery might be exceeded (Sec.
635.27(a)(8)(iv)) and the ability to account for all 2016 landings and
dead discards. Overall, approximately 60 percent of the total of the
currently available commercial BFT
[[Page 71640]]
subquotas for 2016 has been harvested. Activity in the Harpoon category
has stopped for the year. NMFS will need to account for 2016 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations and anticipates having sufficient quota to do that even
with this transfer from the Harpoon and Reserve categories. These quota
transfers would provide additional opportunities to harvest the U.S.
BFT quota without exceeding it, while preserving the opportunity for
General category fishermen to participate in the fall/winter BFT
fishery.
Another principal consideration is the objective of providing
opportunities to harvest the full annual U.S. BFT quota without
exceeding it based on the goals of the 2006 Consolidated HMS FMP and
Amendment 7, including to achieve optimum yield on a continuing basis
and to optimize the ability of all permit categories to harvest their
full BFT quota allocations (Sec. 635.27(a)(8)(vi)). This transfer is
consistent with the quotas established and analyzed in the most recent
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 (Sec. 635.27(a)(8)(v) and (x)).
Based on the considerations above, NMFS is transferring 18 mt of
Harpoon category quota and 67 mt of Reserve category quota to the
General category for the remainder of 2016, resulting in adjusted
General, Harpoon, and Reserve category quotas for 2016 of 676.7 mt,
20.6 mt, and 23.6 mt, respectively. NMFS will close the 2016 General
category fishery for the remainder of the year when the adjusted
General category quota of 676.7 mt has been reached.
Adjustment of General Category Daily Retention Limit
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8), and listed above. NMFS
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 December 2016 (80 FR
77264, December 14, 2015). NMFS adjusted the daily retention limit to
five large medium or giant BFT for the June through August 2016
subquota period (81 FR 29501, May 12, 2016), and again for the
September, October through November, and December periods (81 FR 59153,
August 29, 2016); and recently to four large medium or giant BFT (81 FR
70369, October 12, 2016). NMFS has considered the relevant criteria and
their applicability to the General category BFT retention limit for the
remainder of the fishing year.
As described above with regard to the quota transfer, additional
opportunity to land BFT would support the continued collection of a
broad range of data for the biological studies and for stock monitoring
purposes (Sec. 635.27(a)(8)(i)). Regarding the effects of the
adjustment on BFT stock rebuilding and the effects of the adjustment on
accomplishing the objectives of the fishery management plan (Sec.
635.27(a)(8)(v) and (x)), this action would be taken consistent with
the previously implemented and analyzed quotas, and it is not expected
to negatively impact stock health or otherwise affect the stock in ways
not previously analyzed. It is also supported by the Environmental
Analysis for the 2011 final rule regarding General and Harpoon category
management measures, which established the current range over which
NMFS may set the General category daily retention limit (i.e., from
zero to five fish) (76 FR 74003, November 30, 2011).
As described above, a principal consideration is the objective of
providing opportunities to harvest the available U.S. BFT quota without
exceeding that quota, based on the goals of the 2006 Consolidated HMS
FMP and Amendment 7. The retention limit currently is four fish. NMFS
is setting the retention limit at two fish through this action because,
given the expected level of fishing effort and catch rates, a continued
level of four fish may lead to exceeding the adjusted category quota,
and less than two would likely result in underharvest.
Based on these considerations, NMFS has determined that a two-fish
General category retention limit is warranted for the remainder of the
year. It would provide a reasonable opportunity to harvest the U.S.
quota of BFT without exceeding it, while maintaining an equitable
distribution of fishing opportunities, help optimize the ability of the
General category to harvest its available quota, allow collection of a
broad range of data for stock monitoring purposes, and be consistent
with the objectives of the 2006 Consolidated HMS FMP and amendments.
Therefore, NMFS adjusts the General category retention limit from four
to two large medium or giant BFT per vessel per day/trip, effective
October 17, 2016, through December 31, 2016.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the limit that
will apply through the end of the year), whether a vessel fishing under
the General category limit takes a two-day trip or makes two trips in
one day, the day/trip limit of two fish applies and may not be exceeded
upon landing. This General category retention limit is effective in all
areas, except for the Gulf of Mexico, where NMFS prohibits targeted
fishing for BFT, and applies to those vessels permitted in the General
category, as well as to those HMS Charter/Headboat permitted vessels
fishing commercially for BFT.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. Dealers are
required to submit landing reports within 24 hours of a dealer
receiving BFT. General, HMS Charter/Headboat, Harpoon, and Angling
category vessel owners are required to report the catch of all BFT
retained or discarded dead, within 24 hours of the landing(s) or end of
each trip, by accessing hmspermits.noaa.gov. Depending on the level of
fishing effort and catch rates of BFT, NMFS may determine that
additional action (i.e., quota and/or daily retention limit adjustment,
or closure) is necessary to ensure available quota is not exceeded or
to enhance scientific data collection from, and fishing opportunities
in, all geographic areas. If needed, subsequent adjustments will be
published in the Federal Register. In addition, fishermen may call the
Atlantic Tunas Information Line at (978) 281-9260, or access
hmspermits.noaa.gov, for updates on quota monitoring and inseason
adjustments.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason retention limit adjustments to respond
to the unpredictable nature of BFT availability on the fishing grounds,
the migratory nature of this species, and the regional variations in
the BFT fishery. Affording prior notice and an opportunity for public
comment to implement the quota transfer and daily retention limit for
the remainder of the year is impracticable as NMFS must react as
quickly as possible to updated data and information that then requires
[[Page 71641]]
immediate action to be effective on the fishing grounds and thus
efficiently manage the fishery. NMFS could not effectively react to
this data if, in implementing the retention limit, it allowed a public
comment period, which, for both the quota transfers, would preclude
fishermen from harvesting BFT that are legally available consistent
with all of the regulatory criteria.
Delays in adjusting the retention limit may result in the available
quota being exceeded and NMFS needing to close the fishery earlier than
otherwise would be necessary under a lower limit. This could adversely
affect those General and HMS Charter/Headboat category vessels that
would otherwise have an opportunity to harvest BFT under retention
limits set in response to the most recent data available. Limited
opportunities to harvest the respective quotas may have negative social
and economic impacts for U.S. fishermen that depend upon catching the
available quota within the time periods designated in the 2006
Consolidated HMS FMP, as amended. Adjustment of the retention limit
needs to be effective as soon as possible to extend fishing
opportunities for fishermen in geographic areas with access to the
fishery only during this time period. Therefore, the AA finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment. For these reasons, there is good cause
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
This action is being taken under Sec. Sec. 635.23(a)(4) and
635.27(a)(9), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: October 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-25309 Filed 10-14-16; 4:15 pm]
BILLING CODE 3510-22-P
