Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 12296-12300 [2017-04141]
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updated, in a single rulemaking, our
existing standards for information and
technology (ICT) covered by section 508
of the Rehabilitation Act of 1973 (which
includes, among other things, ICT
developed, procured, maintained, or
used by Federal agencies) (hereafter,
‘‘Revised 508 Standards’’), and our
existing guidelines for
telecommunications equipment and
customer premises equipment covered
by Section 255 of the Communications
Act of 1934 (hereafter, ‘‘Revised 255
Guidelines.’’). See Information and
Communication Technology Standards
and Guidelines, 82 FR 5790 (Jan. 18,
2017) (to be codified at 36 CFR parts
1193 and 1194). The published notice
for the ICT final rule provided that the
rule would take effect on March 20,
2017.
Subsequently, on January 20, 2017,
the Assistant to the President and Chief
of Staff, issued a memorandum entitled
‘‘Regulatory Freeze Pending Review.’’
This memorandum instructed Federal
departments and agencies, among other
things, to temporarily postpone for 60
days (dating from the date of the
memorandum) the effective dates of
their respective regulations that had
been published in the Federal Register
but were not yet effective.
In accordance with the January 20
memorandum, the Access Board is
briefly postponing the effective date of
the ICT final rule until March 21, 2017,
which represents a one-day delay in the
effective date of this final rule relative
to its originally-scheduled effective
date. There is no change to the
substance of the Revised 508 Standards
or Revised 255 Guidelines. Nor does
this brief postponement of the effective
date alter the compliance date for
certain ICT covered by the Revised 508
Standards, which remains January 18,
2018 (i.e., one year after original
publication date of ICT final rule).
Pursuant to the Administrative
Procedure Act (APA) (5 U.S.C. 553), the
Access Board generally provides
interested parties the opportunity to
comment on proposed regulations and
publishes rules not less than 30 days
before their effective dates. However,
the APA provides that an agency is not
required to conduct notice-andcomment rulemaking or delay effective
dates when the agency, for good cause,
finds that these procedural requirements
would be impracticable, unnecessary, or
contrary to the public interest. See 5
U.S.C. 553(b)(B) and (d)(3). Here, a oneday postponement of the effective date
of the ICT final rule, as called for in the
January 20 memorandum, would neither
delay the final rule’s implementation to
any material degree nor alter the
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originally-established compliance date
for the Revised 508 Standards.
Accordingly, because a one-day delay in
the effective date of the ICT final rule
will have no material impact on its
implementation, the Access Board finds
that good cause exists to exempt the
instant rule from notice-and-comment
requirements. See 5 U.S.C. 553(b)(B).
Additionally, because a one-day
postponement of the ICT final rule’s
originally-published effective date will
have no substantive impact, the instant
rule is being made effective upon
publication in the Federal Register and,
in any event, a 30-day delay in its
effective date would be impracticable
and unnecessary in these circumstances.
See 5 U.S.C. 553(d)(3) (exempting
substantive rules from requisite 30-day
delay in effective date upon finding of
good cause).
David M. Capozzi,
Executive Director.
[FR Doc. 2017–04059 Filed 3–1–17; 8:45 am]
BILLING CODE 8150–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket Nos. 120328229–4949–02 and
150121066–5717–02]
RIN 0648–XF210
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; annual
adjustment of Atlantic bluefin tuna
Purse Seine and Reserve category
quotas; inseason quota transfer from the
Reserve category to the Longline
category.
AGENCY:
NMFS is adjusting the
Atlantic bluefin tuna (BFT) Purse Seine
and Reserve category quotas for 2017, as
it does annually. NMFS is also
transferring inseason 45 metric tons (mt)
of BFT quota from the Reserve category
to the Longline category. This action is
based on consideration of the regulatory
determination criteria regarding
inseason adjustments. NMFS has
decided that the transfer to the Longline
category will be distributed to permitted
Atlantic Tunas Longline vessels with
recent fishing activity, rather than to all
qualified Individual Bluefin Quota (IBQ)
SUMMARY:
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shares recipients. As a result of this
transfer, the associated IBQ accounts
will each receive 1,102 lb (0.5 mt) of
IBQ.
DATES: Effective February 28, 2017,
through December 31, 2017.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, Tom Warren, or
Brad McHale, 978–281–9260, or Carrie
Soltanoff, 301–427–8503.
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
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). NMFS is
required under ATCA and the
Magnuson-Stevens Act to provide U.S.
fishing vessels with a reasonable
opportunity to harvest the ICCATrecommended quota.
Annual Adjustment of the BFT Purse
Seine and Reserve Category Quotas
In 2015, NMFS implemented a final
rule that increased the U.S. BFT quota
and subquotas consistent with ICCAT
Recommendation 14–05 (80 FR 52198,
August 28, 2015). As a result, based on
the currently codified U.S. quota of
1,058.79 mt (not including the 25 mt
allocated by ICCAT to the United States
to account for bycatch of BFT in pelagic
longline fisheries in the Northeast
Distant Gear Restricted Area), the
baseline Purse Seine, Longline, and
Reserve category quotas are codified as
184.3 mt, 148.3 mt, and 24.8 mt,
respectively. See § 635.27(a).
Pursuant to § 635.27(a)(4), NMFS has
determined the amount of quota
available to individual Atlantic Tunas
Purse Seine category participants in
2017, based on their BFT catch
(landings and dead discards) in 2016. In
accordance with the regulations, NMFS
is making available to each Purse Seine
category participant either 100 percent,
75 percent, 50 percent, or 25 percent of
the individual baseline quota
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allocations based on the previous year’s
catch, as described in § 635.27(a)(4)(ii),
and is reallocating the remainder to the
Reserve category for 2017. NMFS has
calculated the amounts of quota
available to individual Purse Seine
fishery participants based on their
individual catch levels in 2016 and the
codified process adopted in
Amendment 7. Total Purse Seine
category BFT catches were 0 mt in 2016.
NMFS did not open (i.e., announce a
start date for) the Purse Seine fishery in
2016 because there were no active
vessels permitted to fish for tunas with
purse seine gear in 2016. Consistent
with § 635.27(a)(4)(v)(C), NMFS will
notify Atlantic Tunas Purse Seine
fishery participants of the amount of
quota available for their use this year
through the IBQ electronic system
established under § 635.15 and in
writing.
Based on the procedures described
above and by summing the individual
available allocations, NMFS has
determined the 2017 Purse Seine
category quota available to Purse Seine
fishery participants is 46.1 mt. Thus, the
amount of Purse Seine category quota to
be reallocated to the Reserve category is
138.2 mt (184.3 mt¥46.1 mt). This
reallocation results in a 2017 Reserve
category quota of 163 mt (24.8 mt +
138.2 mt), before any transfers to other
categories.
NMFS anticipates that it will consider
additional BFT quota adjustments
during 2017. For example, when
complete 2016 BFT catch information is
available and finalized, NMFS may
augment the Reserve category quota
further by carrying forward
underharvest, if any, from 2016,
consistent with ICCAT limits.
Subsequent notices 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.
Quota Transfer
Under § 635.15(b), additional BFT
quota may be distributed within the
Longline category, after the initial
annual allocations if the U.S. baseline
quota increases as a result of an ICCAT
recommendation or as a result of a
transfer of quota from the Reserve
category to the Longline category,
pursuant to criteria for quota
adjustments.
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering the 14 regulatory
determination criteria provided under
§ 635.27(a)(8), which are:
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The usefulness of information
obtained from catches in the particular
category for biological sampling and
monitoring of the status of the stock; the
catches of the particular category quota
to date and the likelihood of closure of
that segment of the fishery if no
adjustment is made; the projected
ability of the vessels fishing under the
particular category quota to harvest the
additional amount of BFT before the
end of the fishing year; the estimated
amounts by which quotas for other gear
categories of the fishery might be
exceeded; effects of the adjustment on
BFT rebuilding and overfishing; effects
of the adjustment on accomplishing the
objectives of the fishery management
plan; variations in seasonal distribution,
abundance, or migration patterns of
BFT; effects of catch rates in one area
precluding vessels in another area from
having a reasonable opportunity to
harvest a portion of the category’s quota;
review of dealer reports, daily landing
trends, and the availability of 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. Since
implementing Amendment 7, NMFS has
transferred quota inseason from the
Reserve category to the Longline
category twice, once in 2015 and once
in 2016 (80 FR 45098, July 29, 2015; 81
FR 19, January 4, 2016).
NMFS has considered the
determination criteria regarding
inseason adjustments and their
applicability to the Longline category
fishery and has determined that a quota
transfer is warranted, as explained
below. Consistent with the criteria for
quota adjustments, this transfer is
intended to increase the amount of
quota available to individual vessels,
and therefore help vessel owners
account for BFT landings and dead
discards while fostering conditions in
which permit holders become more
willing to lease IBQ. The revised
Longline category quota would support
the broader objectives of Amendment 7,
which include reducing BFT
interactions and dead discards while
maintaining an economically viable
swordfish and yellowfin tuna directed
fishery.
Vessels using pelagic longline gear
must have IBQ to account for BFT
landings and dead discards. If a vessel
has insufficient IBQ to account for such
landings and dead discards, it goes into
‘‘quota debt.’’ A permitted Atlantic
Tunas Longline vessel is not allowed to
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fish with pelagic longline gear if it has
outstanding quota debt or does not have
the minimum amount of quota (i.e., 276
lb (0.125 mt) to depart on a fishing trip
in the Atlantic and 551 lb (0.25 mt) to
depart on a fishing trip in the Gulf of
Mexico). These minimum amounts were
specified to allow the landing and
accounting of one BFT, based on
average fish weight for each area (e.g.,
551 lb of quota would allow for the
landing and accounting of one BFT in
the Gulf of Mexico).
With respect to the effects of the
adjustment on BFT rebuilding and
overfishing, and accomplishing the
objectives of the fishery management
plan (§ 635.27(a)(8)(v) and (vi)), this
action is consistent with the previously
implemented and analyzed quotas and
the existing rebuilding plan, and it is
not expected to lead to overfishing or
negatively impact stock health or
otherwise affect the stock in ways not
previously analyzed. The transfer of 45
mt of BFT quota from the Reserve
category to the Longline category will
result in an adjusted Longline category
quota of 193.3 mt (148.3 mt + 45 mt),
which remains within the ICCAT quota.
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 2017 landings
and dead discards. Overall, less than 4
percent of the total of the currently
available quota for the other commercial
quota categories has been harvested as
of February 22, 2017. NMFS will need
to account for all 2017 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 Reserve
category. This action is consistent with
the rebuilding objectives of the 2006
Consolidated HMS FMP as amended.
Regarding the determination criteria
‘‘optimizing fishing opportunity’’
(§ 635.27(a)(8)(x)), the ability of pelagic
longline vessel owners to account for
BFT with quota allocations or to lease
IBQ at an affordable price is key to the
success of the IBQ Program and thus to
optimize fishing opportunity by moving
quota to where it is needed. An inseason
transfer of quota to the Longline
category would facilitate accomplishing
the objectives of the 2006 Consolidated
HMS FMP by optimizing fishing
opportunity, contributing to full
accounting for landings and dead
discards, and reducing uncertainty in
the fishery as a whole. Quota transferred
from the Reserve category and
distributed directly to active vessels
(discussed below) should reduce
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situations where fishing opportunity for
target species is constrained by the
unavailability of quota (e.g., because of
BFT quota debt or a low IBQ balance)
or, in the case of vessels with recent
fishing activity that are not associated
with IBQ shares, by not finding
affordable quota (or sufficient quota) for
lease. It will also reduce vessel owner
uncertainty about whether a vessel
owner will have sufficient quota to
account for future BFT catch. Without
this inseason quota transfer, permit
holders may be unnecessarily
conservative at the beginning of the
year, in a way that does not optimize
fishing opportunities nor encourage the
appropriate functioning of the IBQ
leasing program. For example, vessel
owners may fear that they will not have
enough IBQ to depart on as many trips
as they have planned and enough IBQ
to account for BFT retained or discarded
dead, and thus may feel they cannot
lease IBQ to other vessels. If they do
lease out quota, they may set the lease
prices unnecessarily high to offset their
perceived risks. An inseason
distribution of IBQ to active vessels
(discussed below) will reduce the
perceived risk associated with leasing a
portion of their IBQ to other vessels
early in the year and will reduce
uncertainty in their business plans for
the year.
Regarding the determination criteria
about accounting for dead discards
(§ 635.27(a)(8)(xi)) and variations in
seasonal distribution or abundance, a
quota transfer from the Reserve category
to the Longline category would
contribute to full accounting of BFT
catch by vessels that accrue quota debt
(i.e., reduce quota debt), enhance the
likelihood that share recipients will
lease IBQ to others, and reduce
uncertainty in the fishery as a whole.
Transferring quota in early 2017 helps
to address the diversity of the fishery
with respect to the timing of fishing
activities in different geographic areas.
A quota transfer later in the year may
disadvantage those fishing early in the
year. For example, a vessel that fishes
only during the first quarter of the year
would not benefit from such a quota
transfer if it happened at any time after
the first quarter. In contrast, a vessel
that fishes only during the fourth
quarter would not be disadvantaged by
a quota transfer during the first quarter,
because they would receive the quota
distribution during the first quarter, and
could keep the IBQ until they are ready
to fish. Additional inseason transfers
could occur later in the year and the
additional quota at the beginning of the
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year helps equalize the distribution
among the active vessels.
Based on the considerations above,
NMFS is transferring 45 mt of the
adjusted Reserve category quota to the
Longline category. As a result of this
quota transfer, the adjusted 2017
Reserve category quota is 118 mt (163
mt¥45 mt), and the adjusted 2017
Longline category quota is 193.3 mt.
Distribution of Transferred Quota
Within the Longline Category
For each of the 34-mt quota transfers
in 2015 and 2016, NMFS distributed
551 lb (0.25 mt) of IBQ equally to each
of the 136 qualified IBQ share
recipients. In a recent final rule (the
‘‘IBQ inseason transfer rule’’), NMFS
modified the HMS regulations regarding
the distribution of inseason BFT quota
transfers to the Longline category (81 FR
95903, December 29, 2016; 82 FR 8821,
January 31, 2017; 82 FR 9530, February
7, 2017). That final rule provided NMFS
the ability to distribute quota inseason
either to all qualified IBQ share
recipients (i.e., share recipients who
have associated their permit with a
vessel) or only to permitted Atlantic
Tunas Longline vessels with recent
fishing activity, whether or not they are
associated with IBQ shares. The final
rule described how, in deciding whether
to transfer additional quota to the
Longline category inseason from the
Reserve category, NMFS would first
consider the existing 14 regulatory
determination criteria, including the
need to ‘‘optimize fishing opportunity’’
(as described above), and then would
decide whether to distribute that quota
to all qualified IBQ share recipients or
only to permitted Atlantic Tunas
Longline vessels with recent fishing
activity. The final rule indicated that
this decision would be based on
information for the subject year and
previous year, including the number of
BFT landings and dead discards, the
number of IBQ lease transactions, the
average amount of IBQ leased, the
average amount of quota debt, the
annual amount of IBQ allocation, any
previous inseason allocations of IBQ,
the amount of BFT quota in the Reserve
category, the percentage of BFT quota
harvested by the other quota categories,
the remaining number of days in the
year, the number of active vessels
fishing not associated with IBQ share,
and the number of vessels that have
incurred quota debt or that have low
levels of IBQ allocation. The final rule
further indicated that NMFS would
determine which approach best meets
the specific objectives of the IBQ
Program, including the objective of
providing flexibility in the quota system
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to enable pelagic longline vessels to
obtain BFT quota from other vessels
with available individual quota in order
to enable full accounting for BFT
landings and dead discards, and
minimize constraints on fishing for
target species. Discussion of the relevant
information and justification for how
NMFS is distributing the transferred
quota follows.
NMFS has examined the logbook,
Vessel Monitoring System (VMS),
dealer, and electronic monitoring data
for 2016 and for 2017 as of February 22,
2017, and has determined that 90
vessels have recent fishing activity and
that, of those, 86 were IBQ share
recipients. As described in the final IBQ
inseason transfer rule, any vessel
activity in the pelagic longline fishery
during this date range is sufficient to
qualify as ‘‘recent fishing activity.’’ For
comparison, there are 136 IBQ share
recipients under Amendment 7.
Preliminary data indicate that, in
2016, 55 Atlantic Tunas Longline
vessels landed a total of 447 BFT
(196,142 lb) and 30 Atlantic Tunas
Longline vessels discarded dead 175
BFT (19,575 lb). In 2017 through
February 22, 18 Atlantic Tunas Longline
vessels landed a total of 35 BFT (16,909
lb) and 5 vessels discarded dead 8 BFT
(935 lb). These landings and dead
discards (as well as VMS data that
document BFT released alive) indicate
that pelagic longline vessels have been
interacting with BFT in 2016 (and early
2017). The vessels have been accounting
for BFT using IBQ, as required by the
regulations. It is likely that there will
continue to be pelagic longline
interactions with BFT and a need for
vessels to account for the BFT retained
and discarded dead in 2017.
Distributing only to active vessels
provides a focused, more efficient
distribution of quota to those that need
it (i.e., the active vessels) will help
reduce uncertainty and facilitate better
business decisions and a more effective
leasing program for the remainder of the
year. We note that this is only a small
influx of quota to facilitate effective
leasing and more certainty in
operational decisions at the beginning of
the year; the baseline category quota is
still distributed to all IBQ share
recipients, which includes those that are
inactive.
There were 103 IBQ lease transactions
(81 in 2016; 22 in 2017 through
February 22), with 72 distinct share
recipients leasing and a total of 170,507
lb leased (127,666 lb in 2016 and 42,841
lb in 2017 through February 22).
Nineteen IBQ lessors did not have
recent fishing activity. Overall, the
average amount of IBQ leased was 1,481
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lb and average lease price was $2.42 per
pound (weighted average). In
discussions with vessel operators, some
have indicated that the ex-vessel price
of BFT was variable, and relatively low,
and that they essentially made little or
no money from BFT given expenses
including the cost to lease BFT. NMFS
data indicate that the ex-vessel price of
BFT from pelagic longline vessels from
January 1, 2016, through February 22,
2017, ranged from zero to $17/lb, with
an average of $4.90/lb. There were four
active vessels that were not associated
with IBQ shares that leased quota from
share recipients in order to fish with
pelagic longline gear. Seventeen distinct
vessels had quota debt at any given
point in 2016, with an average of 708 lb.
No vessels had quota debt going into
2017. This price and leasing information
demonstrates that the leasing market is
active, vessels are paying out of pocket
to obtain additional IBQ as needed, and
that BFT landings are generally not
profitable. It also indicates that influxes
of quota inseason by NMFS were
helpful in facilitating the effective
functioning of the Program and system.
Furthermore, share recipients that are
not actively fishing are earning some
revenue through leasing to those vessels
that are fishing (i.e., from 5 such vessels
in 2015 to 19 vessels from January 1,
2016 through February 22, 2017). These
trends further support distribution of
quota to Atlantic Tunas Longline vessels
with recent fishing activity in order to
facilitate accounting for BFT catch or
reducing the likelihood of accrued quota
debt, while helping to lower any
additional cost of leasing.
The annual amount of Longline
category quota allocated in the IBQ
system for 2016 was the baseline
Longline category quota of 148.3 mt
plus the 34-mt transfer that was
effective January 1, 2016, for a total of
182.3 mt. The annual amount of
Longline category quota currently
allocated in the IBQ system for 2017 is
the baseline Longline category quota of
148.3 mt. NMFS has not made any
inseason transfers thus far in 2017. As
described above, the amount of quota in
the Reserve category following this
action’s reallocation from the Purse
Seine category is 163 mt. As described
in the Quota Transfer section above,
commercial landings for categories other
than the Longline category total less
than 4 percent of available 2017 quota
for those categories. Thus, substantial
quota remains available in the Reserve
category for future transfers, as
appropriate.
NMFS has determined that
distribution of quota only to Atlantic
Tunas Longline vessels with recent
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fishing activity fulfills IBQ Program
objectives. Such a distribution would
provide transferred quota only to the
vessels that have recently fished and are
therefore most likely to need quota in
order to account for BFT interactions.
One of the principal objectives of the
IBQ Program is to require increased
individual accountability for BFT catch.
Vessels that are not fishing (i.e., not
active) do not need IBQ to account for
BFT catch. Of the 136 IBQ share
recipients, only 86 (63 percent) have
recent fishing activity, and a majority of
IBQ share recipients with no recent
activity are not leasing out their quota
(i.e., 31 of 50 inactive share recipients
did not lease out quota in the period
analyzed). In addition, there are four
Atlantic Tunas Longline vessels with
recent fishing activity that are not
associated with IBQ shares. Efficient
distribution of quota to those that need
it (i.e., the active vessels) supports the
objectives of the IBQ Program, i.e.,
balance the objectives of limiting
bluefin landings and dead discards with
the objective of optimizing fishing
opportunities and maintaining
profitability; and provide flexibility in
the quota system to enable pelagic
longline vessels to obtain BFT quota
from other vessels with available
individual quota in order to enable full
accounting for BFT landings and dead
discards, and minimize constraints on
fishing for target species. Vessels with
IBQ share that have not been active and
would not be given any inseason IBQ
through this action, may nevertheless
become active if they desire, because
such vessels were allocated the annual
amount of IBQ for 2017, and may lease
additional IBQ if necessary. After
considering this information, NMFS has
decided to distribute the 45 mt of quota
transferred from the Reserve to the
Atlantic Tunas Longline vessels with
recent fishing activity.
As a result of this quota transfer,
1,102 lb (0.5 mt) of quota is being
distributed to each of the 90 permitted
Atlantic Tunas Longline vessels with
recent fishing activity. For comparison,
if the 45 mt were distributed to all
qualified IBQ share recipients, each
would receive 729 lb (0.33 mt). For
those vessels with recent fishing activity
that are not associated with valid (i.e.,
unexpired) permits at the time of the
quota transfer, the IBQ will be
transferred, but will not be usable by the
vessel owner (i.e., may not be leased or
used to account for BFT) unless and
until the vessel is associated with a
valid permit. When a qualified IBQ
share recipient with recent fishing
activity receives inseason quota, the
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quota will be designated as either Gulf
of Mexico (GOM) IBQ, Atlantic (ATL)
IBQ, or both GOM and ATL IBQ,
according to the share recipient’s
regional designations. Those vessels that
are participating in the voluntary
Deepwater Horizon Oceanic Fish
Restoration Project repose period
through June 30, 2017, and that have
recent fishing activity, would receive a
distribution of inseason quota once the
repose period ends. For vessels with
recent fishing activity that are not
qualified IBQ share recipients, NMFS
will assign the distributed quota a
regional designation based on where the
majority of the vessel’s ‘‘recent fishing
activity’’ occurred for the relevant
period analyzed (either GOM or ATL).
This action is supported by the
Amendment 7 Final Environmental
Impact Statement and final rule, which
analyzed and anticipated inseason quota
transfers from the Reserve to the
Longline category, and the final IBQ
inseason transfer rule. NMFS anticipates
that this action will enhance the ability
of vessel owners to account for BFT
catch, reduce quota debt, facilitate quota
leasing, and reduce uncertainty in the
fishery.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries, including the pelagic
longline fishery, closely through the
mandatory landings and catch reports.
Dealers are required to submit landing
reports within 24 hours of a dealer
receiving BFT through the electronic
BFT dealer reporting system as well as
through the online IBQ system. Pelagic
longline vessels are required to enter
BFT dead discard information through
the IBQ system and confirm the
accuracy of dealer-reported data. Pelagic
longline vessels are also required to
report BFT catch through VMS, as well
as through the online IBQ system.
Longline category permit holders are
reminded that all BFT discarded dead
must be reported through VMS, and
accounted for in the online IBQ system,
consistent with requirements at
§ 635.15(a).
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 Acting Assistant Administrator
for NMFS (AA) finds that it is
impracticable and contrary to the public
interest to provide prior notice of, and
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an opportunity for public comment on,
the transfer from the Reserve category to
the Longline category for the following
reasons:
The regulations implementing the
2006 Consolidated HMS FMP, as
amended, provide for inseason
adjustments to quotas and other aspects
of BFT fishery management, to respond
to the diverse range of factors which
may affect BFT fisheries, including
ecological (e.g., rebuilding, or the
migratory nature of HMS) and
commercial (e.g., optimizing fishing
opportunity, or reducing bycatch).
Specifically, Amendment 7 stated that
NMFS may need to consider providing
additional quota to the Longline
category as a whole in order to increase
the amount of quota available to
permitted Atlantic Tunas Longline
vessels via the IBQ Program, and
balance the need to have an operational
directed pelagic longline fishery with
the need to reduce BFT bycatch.
NMFS has determined that
adjustments to the Reserve and Longline
category BFT quotas are warranted.
Analysis of available data shows that
adjustment to the Longline category
quota from the initial level would result
in minimal risks of exceeding the
ICCAT-allocated quota. The regulations
implementing the 2006 Consolidated
HMS FMP, as amended, provide the
flexibility to provide additional quota to
the Longline category in order to
optimize fishing opportunity, account
VerDate Sep<11>2014
13:48 Mar 01, 2017
Jkt 241001
for dead discards, and accomplish the
objectives of the fishery management
plan. A quota transfer effective in early
2017 helps to address the diversity of
the fishery with respect to the timing of
fishing activities in different geographic
areas. A quota transfer later in the year
may disadvantage those fishing early in
the year.
Affording prior notice and
opportunity for public comment to
implement the quota transfer is
impracticable. The decision on whether
to transfer 45 mt of quota from the
Reserve category to the Longline
category, and whether to distribute that
quota to all qualified IBQ share
recipients or only to permitted Atlantic
Tunas Longline vessels with recent
fishing activity, needs to happen at the
beginning of the year to facilitate
effective leasing and more certainty in
operational decisions. NMFS only
recently received updated data from the
2016 fishery, as it recently closed, and
from the first several weeks of the 2017
fishery. If NMFS were to offer an
opportunity for public comment, it
would unnecessarily preclude fishing
opportunities for some vessel operators,
particularly those that fish early in the
fishing season. Precluding fishing
opportunities is contrary to the public
interest because of increased operating
costs due to low quota balances. As
explained earlier, NMFS conducted
notice-and-comment rulemaking on the
PO 00000
Frm 00012
Fmt 4700
Sfmt 9990
underlying regulations that set forth the
criteria used for this action.
Delays in adjusting the Reserve and
Longline category quotas would
adversely affect those permitted Atlantic
Tunas Longline vessels that would
otherwise have an opportunity to reduce
or resolve quota debt, lease quota to
other vessels, as well as delay potential
beneficial effects on the ability for
vessel operators to make business plans
for their future. NMFS is trying to
balance providing opportunity to the
pelagic longline fishery, with the
reduction of BFT bycatch, and delaying
this action would be contrary to the
public interest. Therefore, the AA finds
good cause under 5 U.S.C. 553(b)(B) to
waive prior notice and the opportunity
for public comment. For all of the above
reasons, there is good cause under 5
U.S.C. 553(d) to waive the 30-day delay
in effectiveness.
This action is being taken under
§§ 635.15(b) and (f) and 635.27(a)(8) and
(9) and (a)(4) and (7), and is exempt
from review under Executive Order
12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: February 28, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable
Fisheries. National Marine Fisheries Service.
[FR Doc. 2017–04141 Filed 2–28–17; 4:15 pm]
BILLING CODE 3510–22–P
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[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Rules and Regulations]
[Pages 12296-12300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04141]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket Nos. 120328229-4949-02 and 150121066-5717-02]
RIN 0648-XF210
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; annual adjustment of Atlantic bluefin tuna
Purse Seine and Reserve category quotas; inseason quota transfer from
the Reserve category to the Longline category.
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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) Purse Seine
and Reserve category quotas for 2017, as it does annually. NMFS is also
transferring inseason 45 metric tons (mt) of BFT quota from the Reserve
category to the Longline category. This action is based on
consideration of the regulatory determination criteria regarding
inseason adjustments. NMFS has decided that the transfer to the
Longline category will be distributed to permitted Atlantic Tunas
Longline vessels with recent fishing activity, rather than to all
qualified Individual Bluefin Quota (IBQ) shares recipients. As a result
of this transfer, the associated IBQ accounts will each receive 1,102
lb (0.5 mt) of IBQ.
DATES: Effective February 28, 2017, through December 31, 2017.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Tom Warren, or Brad
McHale, 978-281-9260, or Carrie Soltanoff, 301-427-8503.
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 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).
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.
Annual Adjustment of the BFT Purse Seine and Reserve Category Quotas
In 2015, NMFS implemented a final rule that increased the U.S. BFT
quota and subquotas consistent with ICCAT Recommendation 14-05 (80 FR
52198, August 28, 2015). As a result, based on the currently codified
U.S. quota of 1,058.79 mt (not including the 25 mt allocated by ICCAT
to the United States to account for bycatch of BFT in pelagic longline
fisheries in the Northeast Distant Gear Restricted Area), the baseline
Purse Seine, Longline, and Reserve category quotas are codified as
184.3 mt, 148.3 mt, and 24.8 mt, respectively. See Sec. 635.27(a).
Pursuant to Sec. 635.27(a)(4), NMFS has determined the amount of
quota available to individual Atlantic Tunas Purse Seine category
participants in 2017, based on their BFT catch (landings and dead
discards) in 2016. In accordance with the regulations, NMFS is making
available to each Purse Seine category participant either 100 percent,
75 percent, 50 percent, or 25 percent of the individual baseline quota
[[Page 12297]]
allocations based on the previous year's catch, as described in Sec.
635.27(a)(4)(ii), and is reallocating the remainder to the Reserve
category for 2017. NMFS has calculated the amounts of quota available
to individual Purse Seine fishery participants based on their
individual catch levels in 2016 and the codified process adopted in
Amendment 7. Total Purse Seine category BFT catches were 0 mt in 2016.
NMFS did not open (i.e., announce a start date for) the Purse Seine
fishery in 2016 because there were no active vessels permitted to fish
for tunas with purse seine gear in 2016. Consistent with Sec.
635.27(a)(4)(v)(C), NMFS will notify Atlantic Tunas Purse Seine fishery
participants of the amount of quota available for their use this year
through the IBQ electronic system established under Sec. 635.15 and in
writing.
Based on the procedures described above and by summing the
individual available allocations, NMFS has determined the 2017 Purse
Seine category quota available to Purse Seine fishery participants is
46.1 mt. Thus, the amount of Purse Seine category quota to be
reallocated to the Reserve category is 138.2 mt (184.3 mt-46.1 mt).
This reallocation results in a 2017 Reserve category quota of 163 mt
(24.8 mt + 138.2 mt), before any transfers to other categories.
NMFS anticipates that it will consider additional BFT quota
adjustments during 2017. For example, when complete 2016 BFT catch
information is available and finalized, NMFS may augment the Reserve
category quota further by carrying forward underharvest, if any, from
2016, consistent with ICCAT limits. Subsequent notices 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.
Quota Transfer
Under Sec. 635.15(b), additional BFT quota may be distributed
within the Longline category, after the initial annual allocations if
the U.S. baseline quota increases as a result of an ICCAT
recommendation or as a result of a transfer of quota from the Reserve
category to the Longline category, pursuant to criteria for quota
adjustments.
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering the 14
regulatory determination 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 fishery
management plan; variations in seasonal distribution, abundance, or
migration patterns of BFT; effects of catch rates in one area
precluding vessels in another area from having a reasonable opportunity
to harvest a portion of the category's quota; review of dealer reports,
daily landing trends, and the availability of 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. Since implementing Amendment 7, NMFS has transferred quota
inseason from the Reserve category to the Longline category twice, once
in 2015 and once in 2016 (80 FR 45098, July 29, 2015; 81 FR 19, January
4, 2016).
NMFS has considered the determination criteria regarding inseason
adjustments and their applicability to the Longline category fishery
and has determined that a quota transfer is warranted, as explained
below. Consistent with the criteria for quota adjustments, this
transfer is intended to increase the amount of quota available to
individual vessels, and therefore help vessel owners account for BFT
landings and dead discards while fostering conditions in which permit
holders become more willing to lease IBQ. The revised Longline category
quota would support the broader objectives of Amendment 7, which
include reducing BFT interactions and dead discards while maintaining
an economically viable swordfish and yellowfin tuna directed fishery.
Vessels using pelagic longline gear must have IBQ to account for
BFT landings and dead discards. If a vessel has insufficient IBQ to
account for such landings and dead discards, it goes into ``quota
debt.'' A permitted Atlantic Tunas Longline vessel is not allowed to
fish with pelagic longline gear if it has outstanding quota debt or
does not have the minimum amount of quota (i.e., 276 lb (0.125 mt) to
depart on a fishing trip in the Atlantic and 551 lb (0.25 mt) to depart
on a fishing trip in the Gulf of Mexico). These minimum amounts were
specified to allow the landing and accounting of one BFT, based on
average fish weight for each area (e.g., 551 lb of quota would allow
for the landing and accounting of one BFT in the Gulf of Mexico).
With respect to the effects of the adjustment on BFT rebuilding and
overfishing, and accomplishing the objectives of the fishery management
plan (Sec. 635.27(a)(8)(v) and (vi)), this action is consistent with
the previously implemented and analyzed quotas and the existing
rebuilding plan, and it is not expected to lead to overfishing or
negatively impact stock health or otherwise affect the stock in ways
not previously analyzed. The transfer of 45 mt of BFT quota from the
Reserve category to the Longline category will result in an adjusted
Longline category quota of 193.3 mt (148.3 mt + 45 mt), which remains
within the ICCAT quota. 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 2017
landings and dead discards. Overall, less than 4 percent of the total
of the currently available quota for the other commercial quota
categories has been harvested as of February 22, 2017. NMFS will need
to account for all 2017 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
Reserve category. This action is consistent with the rebuilding
objectives of the 2006 Consolidated HMS FMP as amended.
Regarding the determination criteria ``optimizing fishing
opportunity'' (Sec. 635.27(a)(8)(x)), the ability of pelagic longline
vessel owners to account for BFT with quota allocations or to lease IBQ
at an affordable price is key to the success of the IBQ Program and
thus to optimize fishing opportunity by moving quota to where it is
needed. An inseason transfer of quota to the Longline category would
facilitate accomplishing the objectives of the 2006 Consolidated HMS
FMP by optimizing fishing opportunity, contributing to full accounting
for landings and dead discards, and reducing uncertainty in the fishery
as a whole. Quota transferred from the Reserve category and distributed
directly to active vessels (discussed below) should reduce
[[Page 12298]]
situations where fishing opportunity for target species is constrained
by the unavailability of quota (e.g., because of BFT quota debt or a
low IBQ balance) or, in the case of vessels with recent fishing
activity that are not associated with IBQ shares, by not finding
affordable quota (or sufficient quota) for lease. It will also reduce
vessel owner uncertainty about whether a vessel owner will have
sufficient quota to account for future BFT catch. Without this inseason
quota transfer, permit holders may be unnecessarily conservative at the
beginning of the year, in a way that does not optimize fishing
opportunities nor encourage the appropriate functioning of the IBQ
leasing program. For example, vessel owners may fear that they will not
have enough IBQ to depart on as many trips as they have planned and
enough IBQ to account for BFT retained or discarded dead, and thus may
feel they cannot lease IBQ to other vessels. If they do lease out
quota, they may set the lease prices unnecessarily high to offset their
perceived risks. An inseason distribution of IBQ to active vessels
(discussed below) will reduce the perceived risk associated with
leasing a portion of their IBQ to other vessels early in the year and
will reduce uncertainty in their business plans for the year.
Regarding the determination criteria about accounting for dead
discards (Sec. 635.27(a)(8)(xi)) and variations in seasonal
distribution or abundance, a quota transfer from the Reserve category
to the Longline category would contribute to full accounting of BFT
catch by vessels that accrue quota debt (i.e., reduce quota debt),
enhance the likelihood that share recipients will lease IBQ to others,
and reduce uncertainty in the fishery as a whole. Transferring quota in
early 2017 helps to address the diversity of the fishery with respect
to the timing of fishing activities in different geographic areas. A
quota transfer later in the year may disadvantage those fishing early
in the year. For example, a vessel that fishes only during the first
quarter of the year would not benefit from such a quota transfer if it
happened at any time after the first quarter. In contrast, a vessel
that fishes only during the fourth quarter would not be disadvantaged
by a quota transfer during the first quarter, because they would
receive the quota distribution during the first quarter, and could keep
the IBQ until they are ready to fish. Additional inseason transfers
could occur later in the year and the additional quota at the beginning
of the year helps equalize the distribution among the active vessels.
Based on the considerations above, NMFS is transferring 45 mt of
the adjusted Reserve category quota to the Longline category. As a
result of this quota transfer, the adjusted 2017 Reserve category quota
is 118 mt (163 mt-45 mt), and the adjusted 2017 Longline category quota
is 193.3 mt.
Distribution of Transferred Quota Within the Longline Category
For each of the 34-mt quota transfers in 2015 and 2016, NMFS
distributed 551 lb (0.25 mt) of IBQ equally to each of the 136
qualified IBQ share recipients. In a recent final rule (the ``IBQ
inseason transfer rule''), NMFS modified the HMS regulations regarding
the distribution of inseason BFT quota transfers to the Longline
category (81 FR 95903, December 29, 2016; 82 FR 8821, January 31, 2017;
82 FR 9530, February 7, 2017). That final rule provided NMFS the
ability to distribute quota inseason either to all qualified IBQ share
recipients (i.e., share recipients who have associated their permit
with a vessel) or only to permitted Atlantic Tunas Longline vessels
with recent fishing activity, whether or not they are associated with
IBQ shares. The final rule described how, in deciding whether to
transfer additional quota to the Longline category inseason from the
Reserve category, NMFS would first consider the existing 14 regulatory
determination criteria, including the need to ``optimize fishing
opportunity'' (as described above), and then would decide whether to
distribute that quota to all qualified IBQ share recipients or only to
permitted Atlantic Tunas Longline vessels with recent fishing activity.
The final rule indicated that this decision would be based on
information for the subject year and previous year, including the
number of BFT landings and dead discards, the number of IBQ lease
transactions, the average amount of IBQ leased, the average amount of
quota debt, the annual amount of IBQ allocation, any previous inseason
allocations of IBQ, the amount of BFT quota in the Reserve category,
the percentage of BFT quota harvested by the other quota categories,
the remaining number of days in the year, the number of active vessels
fishing not associated with IBQ share, and the number of vessels that
have incurred quota debt or that have low levels of IBQ allocation. The
final rule further indicated that NMFS would determine which approach
best meets the specific objectives of the IBQ Program, including the
objective of providing flexibility in the quota system to enable
pelagic longline vessels to obtain BFT quota from other vessels with
available individual quota in order to enable full accounting for BFT
landings and dead discards, and minimize constraints on fishing for
target species. Discussion of the relevant information and
justification for how NMFS is distributing the transferred quota
follows.
NMFS has examined the logbook, Vessel Monitoring System (VMS),
dealer, and electronic monitoring data for 2016 and for 2017 as of
February 22, 2017, and has determined that 90 vessels have recent
fishing activity and that, of those, 86 were IBQ share recipients. As
described in the final IBQ inseason transfer rule, any vessel activity
in the pelagic longline fishery during this date range is sufficient to
qualify as ``recent fishing activity.'' For comparison, there are 136
IBQ share recipients under Amendment 7.
Preliminary data indicate that, in 2016, 55 Atlantic Tunas Longline
vessels landed a total of 447 BFT (196,142 lb) and 30 Atlantic Tunas
Longline vessels discarded dead 175 BFT (19,575 lb). In 2017 through
February 22, 18 Atlantic Tunas Longline vessels landed a total of 35
BFT (16,909 lb) and 5 vessels discarded dead 8 BFT (935 lb). These
landings and dead discards (as well as VMS data that document BFT
released alive) indicate that pelagic longline vessels have been
interacting with BFT in 2016 (and early 2017). The vessels have been
accounting for BFT using IBQ, as required by the regulations. It is
likely that there will continue to be pelagic longline interactions
with BFT and a need for vessels to account for the BFT retained and
discarded dead in 2017. Distributing only to active vessels provides a
focused, more efficient distribution of quota to those that need it
(i.e., the active vessels) will help reduce uncertainty and facilitate
better business decisions and a more effective leasing program for the
remainder of the year. We note that this is only a small influx of
quota to facilitate effective leasing and more certainty in operational
decisions at the beginning of the year; the baseline category quota is
still distributed to all IBQ share recipients, which includes those
that are inactive.
There were 103 IBQ lease transactions (81 in 2016; 22 in 2017
through February 22), with 72 distinct share recipients leasing and a
total of 170,507 lb leased (127,666 lb in 2016 and 42,841 lb in 2017
through February 22). Nineteen IBQ lessors did not have recent fishing
activity. Overall, the average amount of IBQ leased was 1,481
[[Page 12299]]
lb and average lease price was $2.42 per pound (weighted average). In
discussions with vessel operators, some have indicated that the ex-
vessel price of BFT was variable, and relatively low, and that they
essentially made little or no money from BFT given expenses including
the cost to lease BFT. NMFS data indicate that the ex-vessel price of
BFT from pelagic longline vessels from January 1, 2016, through
February 22, 2017, ranged from zero to $17/lb, with an average of
$4.90/lb. There were four active vessels that were not associated with
IBQ shares that leased quota from share recipients in order to fish
with pelagic longline gear. Seventeen distinct vessels had quota debt
at any given point in 2016, with an average of 708 lb. No vessels had
quota debt going into 2017. This price and leasing information
demonstrates that the leasing market is active, vessels are paying out
of pocket to obtain additional IBQ as needed, and that BFT landings are
generally not profitable. It also indicates that influxes of quota
inseason by NMFS were helpful in facilitating the effective functioning
of the Program and system. Furthermore, share recipients that are not
actively fishing are earning some revenue through leasing to those
vessels that are fishing (i.e., from 5 such vessels in 2015 to 19
vessels from January 1, 2016 through February 22, 2017). These trends
further support distribution of quota to Atlantic Tunas Longline
vessels with recent fishing activity in order to facilitate accounting
for BFT catch or reducing the likelihood of accrued quota debt, while
helping to lower any additional cost of leasing.
The annual amount of Longline category quota allocated in the IBQ
system for 2016 was the baseline Longline category quota of 148.3 mt
plus the 34-mt transfer that was effective January 1, 2016, for a total
of 182.3 mt. The annual amount of Longline category quota currently
allocated in the IBQ system for 2017 is the baseline Longline category
quota of 148.3 mt. NMFS has not made any inseason transfers thus far in
2017. As described above, the amount of quota in the Reserve category
following this action's reallocation from the Purse Seine category is
163 mt. As described in the Quota Transfer section above, commercial
landings for categories other than the Longline category total less
than 4 percent of available 2017 quota for those categories. Thus,
substantial quota remains available in the Reserve category for future
transfers, as appropriate.
NMFS has determined that distribution of quota only to Atlantic
Tunas Longline vessels with recent fishing activity fulfills IBQ
Program objectives. Such a distribution would provide transferred quota
only to the vessels that have recently fished and are therefore most
likely to need quota in order to account for BFT interactions. One of
the principal objectives of the IBQ Program is to require increased
individual accountability for BFT catch. Vessels that are not fishing
(i.e., not active) do not need IBQ to account for BFT catch. Of the 136
IBQ share recipients, only 86 (63 percent) have recent fishing
activity, and a majority of IBQ share recipients with no recent
activity are not leasing out their quota (i.e., 31 of 50 inactive share
recipients did not lease out quota in the period analyzed). In
addition, there are four Atlantic Tunas Longline vessels with recent
fishing activity that are not associated with IBQ shares. Efficient
distribution of quota to those that need it (i.e., the active vessels)
supports the objectives of the IBQ Program, i.e., balance the
objectives of limiting bluefin landings and dead discards with the
objective of optimizing fishing opportunities and maintaining
profitability; and provide flexibility in the quota system to enable
pelagic longline vessels to obtain BFT quota from other vessels with
available individual quota in order to enable full accounting for BFT
landings and dead discards, and minimize constraints on fishing for
target species. Vessels with IBQ share that have not been active and
would not be given any inseason IBQ through this action, may
nevertheless become active if they desire, because such vessels were
allocated the annual amount of IBQ for 2017, and may lease additional
IBQ if necessary. After considering this information, NMFS has decided
to distribute the 45 mt of quota transferred from the Reserve to the
Atlantic Tunas Longline vessels with recent fishing activity.
As a result of this quota transfer, 1,102 lb (0.5 mt) of quota is
being distributed to each of the 90 permitted Atlantic Tunas Longline
vessels with recent fishing activity. For comparison, if the 45 mt were
distributed to all qualified IBQ share recipients, each would receive
729 lb (0.33 mt). For those vessels with recent fishing activity that
are not associated with valid (i.e., unexpired) permits at the time of
the quota transfer, the IBQ will be transferred, but will not be usable
by the vessel owner (i.e., may not be leased or used to account for
BFT) unless and until the vessel is associated with a valid permit.
When a qualified IBQ share recipient with recent fishing activity
receives inseason quota, the quota will be designated as either Gulf of
Mexico (GOM) IBQ, Atlantic (ATL) IBQ, or both GOM and ATL IBQ,
according to the share recipient's regional designations. Those vessels
that are participating in the voluntary Deepwater Horizon Oceanic Fish
Restoration Project repose period through June 30, 2017, and that have
recent fishing activity, would receive a distribution of inseason quota
once the repose period ends. For vessels with recent fishing activity
that are not qualified IBQ share recipients, NMFS will assign the
distributed quota a regional designation based on where the majority of
the vessel's ``recent fishing activity'' occurred for the relevant
period analyzed (either GOM or ATL). This action is supported by the
Amendment 7 Final Environmental Impact Statement and final rule, which
analyzed and anticipated inseason quota transfers from the Reserve to
the Longline category, and the final IBQ inseason transfer rule. NMFS
anticipates that this action will enhance the ability of vessel owners
to account for BFT catch, reduce quota debt, facilitate quota leasing,
and reduce uncertainty in the fishery.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries, including the
pelagic longline fishery, closely through the mandatory landings and
catch reports. Dealers are required to submit landing reports within 24
hours of a dealer receiving BFT through the electronic BFT dealer
reporting system as well as through the online IBQ system. Pelagic
longline vessels are required to enter BFT dead discard information
through the IBQ system and confirm the accuracy of dealer-reported
data. Pelagic longline vessels are also required to report BFT catch
through VMS, as well as through the online IBQ system.
Longline category permit holders are reminded that all BFT
discarded dead must be reported through VMS, and accounted for in the
online IBQ system, consistent with requirements at Sec. 635.15(a).
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 Acting Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and
[[Page 12300]]
an opportunity for public comment on, the transfer from the Reserve
category to the Longline category for the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP, as
amended, provide for inseason adjustments to quotas and other aspects
of BFT fishery management, to respond to the diverse range of factors
which may affect BFT fisheries, including ecological (e.g., rebuilding,
or the migratory nature of HMS) and commercial (e.g., optimizing
fishing opportunity, or reducing bycatch). Specifically, Amendment 7
stated that NMFS may need to consider providing additional quota to the
Longline category as a whole in order to increase the amount of quota
available to permitted Atlantic Tunas Longline vessels via the IBQ
Program, and balance the need to have an operational directed pelagic
longline fishery with the need to reduce BFT bycatch.
NMFS has determined that adjustments to the Reserve and Longline
category BFT quotas are warranted. Analysis of available data shows
that adjustment to the Longline category quota from the initial level
would result in minimal risks of exceeding the ICCAT-allocated quota.
The regulations implementing the 2006 Consolidated HMS FMP, as amended,
provide the flexibility to provide additional quota to the Longline
category in order to optimize fishing opportunity, account for dead
discards, and accomplish the objectives of the fishery management plan.
A quota transfer effective in early 2017 helps to address the diversity
of the fishery with respect to the timing of fishing activities in
different geographic areas. A quota transfer later in the year may
disadvantage those fishing early in the year.
Affording prior notice and opportunity for public comment to
implement the quota transfer is impracticable. The decision on whether
to transfer 45 mt of quota from the Reserve category to the Longline
category, and whether to distribute that quota to all qualified IBQ
share recipients or only to permitted Atlantic Tunas Longline vessels
with recent fishing activity, needs to happen at the beginning of the
year to facilitate effective leasing and more certainty in operational
decisions. NMFS only recently received updated data from the 2016
fishery, as it recently closed, and from the first several weeks of the
2017 fishery. If NMFS were to offer an opportunity for public comment,
it would unnecessarily preclude fishing opportunities for some vessel
operators, particularly those that fish early in the fishing season.
Precluding fishing opportunities is contrary to the public interest
because of increased operating costs due to low quota balances. As
explained earlier, NMFS conducted notice-and-comment rulemaking on the
underlying regulations that set forth the criteria used for this
action.
Delays in adjusting the Reserve and Longline category quotas would
adversely affect those permitted Atlantic Tunas Longline vessels that
would otherwise have an opportunity to reduce or resolve quota debt,
lease quota to other vessels, as well as delay potential beneficial
effects on the ability for vessel operators to make business plans for
their future. NMFS is trying to balance providing opportunity to the
pelagic longline fishery, with the reduction of BFT bycatch, and
delaying this action would be contrary to the public interest.
Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for public comment. For all of the
above reasons, there is good cause under 5 U.S.C. 553(d) to waive the
30-day delay in effectiveness.
This action is being taken under Sec. Sec. 635.15(b) and (f) and
635.27(a)(8) and (9) and (a)(4) and (7), and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: February 28, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries. National
Marine Fisheries Service.
[FR Doc. 2017-04141 Filed 2-28-17; 4:15 pm]
BILLING CODE 3510-22-P
