Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 19615-19618 [2017-08777]
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Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations
(b) The effective date of the plan
submitted on January 10, 2013 is May
30, 2017.
[FR Doc. 2017–08668 Filed 4–27–17; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket No. 13–39; FCC 13–135; FCC
14–175]
Rural Call Completion Recordkeeping
and Reporting Requirements;
Correction
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
The Federal Communications
Commission (Commission) published a
document in the Federal Register on
March 4, 2015, concerning its rural call
completion recordkeeping and reporting
requirements. That document
inadvertently omitted reference to the
Order on Reconsideration
(Reconsideration Order) WC Docket No.
13–39, FCC 14–175, which adopted
minor amendments to those
requirements. This document corrects
that error.
DATES: This correction is effective April
28, 2017.
FOR FURTHER INFORMATION CONTACT:
Nirali Patel, Wireline Competition
Bureau, Competition Policy Division,
(202) 418–7830, or send an email to
nirali.patel@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document makes the following
corrections to the Commission’s final
rule, FR Doc. No. 2015–04415,
published on March 4, 2015, at 80 FR
11594:
1. On page 115494, in the heading of
the rule, add ‘‘; FCC 14–175’’ after ‘‘FCC
13–135’’.
2. On page 11594, in the SUMMARY
section, in the first sentence, add ‘‘and
the Commission’s Order on
Reconsideration (Reconsideration
Order) WC Docket No. 13–39, FCC 14–
175.’’ to the end of the sentence.
3. On page 11594, In the DATES
section, add ‘‘and the amendments to 47
CFR 64.2101, 64.2103, and 64.2105,
published at 79 FR 73227, December 10,
2014, and corrected at 80 FR 1007,
January 8, 2015,’’ after ‘‘December 17,
2013’’ and before ‘‘are effective on
March 4, 2015.’’
4. On page 11594, in the
SUPPLEMENTARY INFORMATION section:
i. In the first sentence, add ‘‘and the
Commission’s Reconsideration Order,
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SUMMARY:
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FCC 14–175, published at 79 FR 73227,
December 10, 2014, and corrected at 80
FR 1007, January 8, 2015.’’ to the end
of the sentence;
ii. In the third sentence, add ‘‘, and
paragraph 66 of document WC Docket
No. 13–39, FCC 14–175.’’ to the end of
the sentence; and
iii. In the third column, under the
heading ‘‘Needs and Uses,’’ add the
following two sentences between the
twelfth and thirteenth sentences: ‘‘On
November 13, 2014, the Commission
adopted a Reconsideration Order in WC
Docket No. 13–39, FCC 14–175, 79 FR
73227, corrected at 80 FR 1007, Rural
Call Completion. The Reconsideration
Order reduced the burden on covered
providers by excluding certain traffic
from the reporting and retention
requirements adopted in the Order.’’
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017–08581 Filed 4–27–17; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XF346
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
Angling category retention limit
adjustment.
AGENCY:
NMFS has determined that
the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels
permitted in the Highly Migratory
Species (HMS) Angling category and the
HMS Charter/Headboat category (when
fishing recreationally for BFT) should be
adjusted for the remainder of 2017,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments. NMFS is
adjusting the Angling category BFT
daily retention limit to two school BFT
and one large school/small medium BFT
per vessel per day/trip for private
vessels (i.e., those with HMS Angling
category permits); and three school BFT
and one large school/small medium BFT
per vessel per day/trip for charter
SUMMARY:
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19615
vessels (i.e., those with HMS Charter/
Headboat permits when fishing
recreationally). These retention limits
are effective in all areas, except for the
Gulf of Mexico, where NMFS prohibits
targeted fishing for BFT.
DATES: Effective May 1, 2017 through
December 31, 2017.
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) and amendments, and in
accordance with implementing
regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
As a method for limiting fishing
mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the
annual harvest of BFT measuring less
than 115 cm (straight fork length) to no
more than 10 percent by weight of a
Contracting Party’s total BFT quota. Any
overharvest of such tolerance limit from
one year must be subtracted from the
tolerance limit applicable in the next
year or the year after that. The United
States implements this provision by
limiting the harvest of school BFT
(measuring 27 to less than 47 inches) as
appropriate to not exceed the 10-percent
limit.
The currently codified baseline U.S.
quota is 1,058.9 mt (not including the 25
mt ICCAT allocated to the United States
to account for bycatch of BFT in pelagic
longline fisheries in the Northeast
Distant Gear Restricted Area). See
§ 635.27(a). The currently codified
Angling category quota is 195.2 mt
(108.4 mt for school BFT, 82.3 mt for
large school/small medium BFT, and 4.5
mt for large medium/giant BFT).
The 2017 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
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Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations
quota, began January 1, 2017. The
Angling category season opened January
1, 2017, and continues through
December 31, 2017. The size classes of
BFT are summarized in Table 1. Please
note that large school and small
medium BFT traditionally have been
managed as one size class, as described
below, i.e., a limit of one large school/
small medium BFT (measuring 47 to
less than 73 inches). Currently, the
default Angling category daily retention
limit of one school, large school, or
small medium BFT applies
(§ 635.23(b)(2)). This retention limit
applies to HMS Angling and to HMS
Charter/Headboat category permitted
vessels (when fishing recreationally for
BFT).
TABLE 1—BFT SIZE CLASSES
Size class
Curved fork length
School .............................................
Large school ...................................
Small medium .................................
Large medium .................................
Giant ................................................
27
47
59
73
81
to less than 47 inches (68.5 to less than 119 cm).
to less than 59 inches (119 to less than 150 cm).
to less than 73 inches (150 to less than 185 cm).
to less than 81 inches (185 to less than 206 cm).
inches or greater (206 cm or greater).
Table 2 summarizes the recreational
quota, subquotas, landings, and
retention limit information for 2015 and
2016, by size class.
TABLE 2—ANGLING CATEGORY QUOTAS (mt), ESTIMATED LANDINGS (mt), AND DAILY RETENTION LIMITS, 2015–2016
2015
Subquotas
and total quota
(mt)
Size class
2016
Amount of
subquotas and
total quota
used
(percent)
Landings
(mt)
Subquotas
and total quota
(mt)
Landings
(mt)
Amount of
subquotas and
total quota
used
(percent)
School ......................................................
Large School/Small Medium ....................
Trophy: Large Medium/Giant ...................
108.4
82.3
4.5
26.2
80.2
6.7
24
97
149
108.4
82.3
4.5
40.3
96.8
5.9
37
118
131
Total ..................................................
195.2
113.1
58
195.2
143
73
January 1 through May 14: 1 school, large
school, or small medium (default)
January 1 through April 22: 1 school, large
school, or small medium (default)
May 15 through December 31 (80 FR 27863,
May 15, 2015):
April 23 through December 31 (81 FR 23438,
April 21, 2016):
Private boats: 1 school and 1 large school/small
medium
Private boats: 2 school and 1 large school/small
medium
Charter/Headboats: 2 school and 1 large school/
small medium
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Daily Retention Limits (per Vessel)
Charter/Headboats: 3 school and 1 large school/
small medium
Adjustment of Angling Category Daily
Retention Limit
Under § 635.23(b)(3), NMFS may
increase or decrease the Angling
category retention limit for any size
class of BFT after considering regulatory
determination criteria provided under
§ 635.27(a)(8). Recreational retention
limits may be adjusted separately for
specific vessel type, such as private
vessels, headboats, or charter vessels.
NMFS has considered all of the
relevant determination criteria and their
applicability to the change in the
Angling category retention limit. The
criteria and their application are
discussed below.
NMFS considered the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
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the stock (§ 635.27(a)(8)(i)). Biological
samples collected from BFT landed by
recreational fishermen continue to
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 would support
the collection of a broad range of data
for these studies and for stock
monitoring purposes.
NMFS considered the catches of the
Angling 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)). NMFS anticipates
that the full 2017 Angling category
quota would not be harvested under the
default retention limit. As shown in
Table 2, Angling category landings were
approximately 58 and 73 percent of the
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184.3-mt annual Angling category quota
in 2015 and 2016, respectively.
NMFS also considered the effects of
the adjustment on bluefin tuna
rebuilding and overfishing and the
effects of the adjustment on
accomplishing the objectives of the FMP
(§ 635.27(a)(8)(v) and (vi)). These
retention limits would be consistent
with the quotas established and
analyzed in the bluefin tuna quota final
rule (80 FR 52198, August 28, 2015),
and with objectives of the 2006
Consolidated HMS FMP and
amendments, and is not expected to
negatively impact stock health or to
affect the stock in ways not already
analyzed in those documents. It is also
important that we limit landings to the
subquotas both to adhere to the FMP
quota allocations and to ensure that
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landings are as consistent as possible
with the pattern of fishing mortality
(e.g., fish caught at each age) that was
assumed in the projections of stock
rebuilding.
Another principal consideration in
setting the retention limit is the
objective of providing opportunities to
harvest the full Angling category quota
without exceeding it based on the goals
of the 2006 Consolidated HMS FMP and
amendments, 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 (related to
§ 635.27(a)(8)(x)).
The 2016 school bluefin tuna landings
represent 3.7 percent of the total U.S.
quota for 2016, well under the ICCAT
recommended 10-percent limit.
Landings of school bluefin tuna in 2015
represented 2.4 percent of the total U.S.
quota for 2015. Given that the Angling
category landings fell short of the
available quota and considering the
regulatory criteria above, NMFS has
determined that the Angling category
retention limit applicable to participants
on HMS Angling and HMS Charter/
Headboat category permitted vessels
should be adjusted upwards from the
default level. NMFS has also concluded
that implementation of separate limits
for private and charter/headboat vessels
remains appropriate, recognizing the
different nature, socio-economic needs,
and recent landings results of the two
components of the recreational BFT
fishery. For example, charter operators
historically have indicated that a multifish retention limit is vital to their
ability to attract customers. In addition,
Large Pelagics Survey estimates indicate
that charter/headboat BFT landings
averaged approximately 30 percent of
recent recreational landings for 2015
through 2016, with the remaining 70
percent landed by private vessels.
Therefore, for private vessels (i.e.,
those with HMS Angling category
permits), this action adjusts the limit
upwards to two school BFT and one
large school/small medium BFT per
vessel per day/trip (i.e., two BFT
measuring 27 to less than 47 inches, and
one BFT measuring 47 to less than 73
inches). For charter vessels (i.e., those
with HMS Charter/Headboat permits),
this action adjusts the limit upwards to
three school BFT and one large school/
small medium BFT per vessel per day/
trip when fishing recreationally for BFT
(i.e., three BFT measuring 27 to less
than 47 inches, and one BFT measuring
47 to less than 73 inches). These
retention limits are effective in all areas,
except for the Gulf of Mexico, where
NMFS prohibits targeted fishing for
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BFT. Regardless of the duration of a
fishing trip, the daily retention limit
applies upon landing. For example,
whether a private vessel (fishing under
the Angling category retention limit)
takes a two-day trip or makes two trips
in one day, the day/trip limit of two
school BFT and one large school/small
medium BFT applies and may not be
exceeded upon landing.
NMFS anticipates that the BFT daily
retention limits in this action will result
in landings during 2017 that would not
exceed the available subquotas. Lower
retention limits could result in
substantial underharvest of the codified
Angling category subquota, and
increasing the daily limits further may
risk exceeding the available quota,
contrary to the objectives of the 2006
Consolidated HMS FMP and
amendments. NMFS is not setting
higher school BFT limit for private and
charter vessels due to the potential risk
of exceeding the ICCAT tolerance limit
on school BFT and other considerations,
such as potential effort shifts to BFT
fishing as a result of current, reduced
recreational retention limits for New
England groundfish and striped bass.
NMFS will monitor 2017 landings
closely and will make further
adjustments, including closure if
necessary, with an inseason action if
warranted.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries closely through the
mandatory landings and catch reports.
HMS Charter/Headboat 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 or by
using the Android or iPhone app.
Depending on the level of fishing effort
and catch rates of BFT, NMFS may
determine that additional retention limit
adjustments or closures are necessary to
ensure available quota is not exceeded
or to enhance scientific data collection
from, and fishing opportunities in, all
geographic areas. Subsequent actions, if
any, 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.
HMS Angling and HMS Charter/
Headboat category permit holders may
catch and release (or tag and release)
BFT of all sizes, subject to the
requirements of the catch-and-release
and tag-and-release programs at
§ 635.26. Anglers are also reminded that
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19617
all BFT that are released must be
handled in a manner that will maximize
survival, and without removing the fish
from the water, consistent with
requirements at § 635.21(a)(1). For
additional information on safe handling,
see the ‘‘Careful Catch and Release’’
brochure available at
www.nmfs.noaa.gov/sfa/hms/.
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 opportunity
for public comment to implement the
daily retention limit for the remainder
of 2017 at this time is impracticable.
Based on available BFT quotas, fishery
performance in recent years, and the
availability of BFT on the fishing
grounds, immediate adjustment to the
Angling category BFT daily retention
limit from the default levels is
warranted to allow fishermen to take
advantage of the availability of fish and
of quota. NMFS could not have
proposed these actions earlier, as it
needed to consider and respond to
updated data and information from the
2016 Angling category fishery. If NMFS
was to offer a public comment period
now, after having appropriately
considered that data, it would preclude
fishermen from harvesting BFT that are
legally available consistent with all of
the regulatory criteria, and/or could
result in selection of a retention limit
inappropriately high or low for the
amount of quota available for the
period.
Fisheries under the Angling category
daily retention limit are currently
underway and thus prior notice would
be contrary to the public interest. Delays
in increasing daily recreational BFT
retention limit would adversely affect
those HMS Angling and Charter/
Headboat category vessels that would
otherwise have an opportunity to
harvest more than the default retention
limit of one school, large school, or
small medium BFT per day/trip and
may exacerbate the problem of low
catch rates and quota rollovers. Analysis
of available data shows that adjustment
to the BFT daily retention limit from the
default level would result in minimal
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Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations
risks of exceeding the ICCAT-allocated
quota. NMFS provides notification of
retention limit adjustments by
publishing the notice in the Federal
Register, emailing individuals who have
subscribed to the Atlantic HMS News
electronic newsletter, and updating the
information posted on the Atlantic
Tunas Information Line and on
hmspermits.noaa.gov. 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 also is good cause
under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness.
This action is being taken under
§ 635.23(b)(3), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: April 26, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–08777 Filed 4–27–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170104016–7016–01]
RIN 0648–XF138
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2017 and 2018 Sector
Operations Plans and 2017 Allocation
of Northeast Multispecies Annual
Catch Entitlements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule.
AGENCY:
We have approved sector
operations plans for fishing years 2017
and 2018, granting regulatory
exemptions for fishing years 2017 and
2018, and providing Northeast
multispecies annual catch entitlements
to approved sectors for fishing year
2017. Approval of sector operations
plans is necessary to allocate annual
catch entitlements to the sectors and for
the sectors to operate. The Northeast
Multispecies Fishery Management Plan
allows limited access permit holders to
form sectors, and requires sectors to
submit their operations plans and
contracts to us, NMFS, for approval or
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SUMMARY:
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disapproval. This interim final rule
approves sector operations plans, grants
regulatory exemptions for sectors, and
provides preliminary allocations of
annual catch entitlements to sectors for
the start of the 2017 fishing year.
Changes to exemptions and updates to
sector annual catch entitlements may be
considered in subsequent rulemakings.
DATES: Sector operations plans and
regulatory exemptions are effective May
1, 2017, through April 30, 2019.
Northeast multispecies annual catch
entitlements for sectors are effective
May 1, 2017, through April 30, 2018.
The default catch limit for Eastern
Georges Bank cod is effective May 1,
2017, through July 31, 2017, or until the
final rule for Framework 56 is
implemented if prior to July 31, 2017.
Written comments must be received on
or before May 30, 2017.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0016, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2017-0016, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
Kyle Molton, 55 Great Republic Drive,
Gloucester, MA 01930.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of each sector’s final
operations plan and contract are
available from the NMFS Greater
Atlantic Regional Fisheries Office: John
K. Bullard, Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930. These documents are also
accessible via the Federal eRulemaking
Portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kyle
Molton, Fishery Management Specialist,
(978) 281–9236. To review Federal
Register documents referenced in this
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rule, you can visit: https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/multispecies.
SUPPLEMENTARY INFORMATION:
Background
Amendment 13 to the Northeast (NE)
Multispecies Fishery Management Plan
(FMP) (69 FR 22906; April 27, 2004)
established a process for forming sectors
within the NE multispecies (groundfish)
fishery, and Amendment 16 to the FMP
(74 FR 18262; April 9, 2010), followed
by Framework Adjustment 45 to the
FMP (76 FR 23042; April 25, 2011) and
Framework 48 to the FMP (78 FR 26118;
May 3, 2013), expanded and revised
sector management.
The FMP defines a sector as ‘‘[a]
group of persons (three or more persons,
none of whom have an ownership
interest in the other two persons in the
sector) holding limited access vessel
permits who have voluntarily entered
into a contract and agree to certain
fishing restrictions for a specified period
of time, and which has been granted a
TAC(s) [sic] in order to achieve
objectives consistent with applicable
FMP goals and objectives.’’ Sectors are
self-selecting, meaning each sector can
choose its members.
The NE multispecies sector
management system allocates a portion
of the NE multispecies stocks to each
sector. These annual sector allocations
are known as annual catch entitlements
(ACEs) and are based on the collective
fishing history of a sector’s members.
Sectors may receive allocations of largemesh NE multispecies stocks with the
exception of Atlantic halibut,
windowpane flounder, Atlantic
wolffish, and ocean pout, which are
non-allocated species. The ACEs are a
portion of a stock’s annual catch limit
(ACL) available to commercial NE
multispecies vessels within a sector. A
sector determines how to harvest its
ACEs and may decide to limit
operations to fewer vessels.
Because sectors elect to receive an
allocation under a quota-based system,
the FMP grants sector vessels several
‘‘universal’’ exemptions from the FMP’s
effort controls. These universal
exemptions apply to: Trip limits on
allocated stocks; the Georges Bank (GB)
Seasonal Closure Area; NE multispecies
days-at-sea (DAS) restrictions; the
requirement to use a 6.5-inch (16.5-cm)
mesh codend when fishing with
selective gear on GB; portions of the
Gulf of Maine (GOM) Cod Protection
Closures; and the at-sea monitoring
(ASM) coverage level for sector vessels
fishing exclusively in the Southern New
England (SNE) and Inshore GB Broad
Stock Areas (BSA) with extra-large mesh
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]]>Agencies
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Rules and Regulations]
[Pages 19615-19618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08777]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XF346
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 Angling category retention limit
adjustment.
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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels permitted in the Highly
Migratory Species (HMS) Angling category and the HMS Charter/Headboat
category (when fishing recreationally for BFT) should be adjusted for
the remainder of 2017, based on consideration of the regulatory
determination criteria regarding inseason adjustments. NMFS is
adjusting the Angling category BFT daily retention limit to two school
BFT and one large school/small medium BFT per vessel per day/trip for
private vessels (i.e., those with HMS Angling category permits); and
three school BFT and one large school/small medium BFT per vessel per
day/trip for charter vessels (i.e., those with HMS Charter/Headboat
permits when fishing recreationally). These retention limits are
effective in all areas, except for the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT.
DATES: Effective May 1, 2017 through December 31, 2017.
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) and amendments, and in accordance with
implementing regulations. NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable
opportunity to harvest the ICCAT-recommended quota.
As a method for limiting fishing mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the annual harvest of BFT measuring
less than 115 cm (straight fork length) to no more than 10 percent by
weight of a Contracting Party's total BFT quota. Any overharvest of
such tolerance limit from one year must be subtracted from the
tolerance limit applicable in the next year or the year after that. The
United States implements this provision by limiting the harvest of
school BFT (measuring 27 to less than 47 inches) as appropriate to not
exceed the 10-percent limit.
The currently codified baseline U.S. quota is 1,058.9 mt (not
including the 25 mt ICCAT allocated to the United States to account for
bycatch of BFT in pelagic longline fisheries in the Northeast Distant
Gear Restricted Area). See Sec. 635.27(a). The currently codified
Angling category quota is 195.2 mt (108.4 mt for school BFT, 82.3 mt
for large school/small medium BFT, and 4.5 mt for large medium/giant
BFT).
The 2017 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year
[[Page 19616]]
quota, began January 1, 2017. The Angling category season opened
January 1, 2017, and continues through December 31, 2017. The size
classes of BFT are summarized in Table 1. Please note that large school
and small medium BFT traditionally have been managed as one size class,
as described below, i.e., a limit of one large school/small medium BFT
(measuring 47 to less than 73 inches). Currently, the default Angling
category daily retention limit of one school, large school, or small
medium BFT applies (Sec. 635.23(b)(2)). This retention limit applies
to HMS Angling and to HMS Charter/Headboat category permitted vessels
(when fishing recreationally for BFT).
Table 1--BFT Size Classes
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Size class Curved fork length
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School............................ 27 to less than 47 inches (68.5 to
less than 119 cm).
Large school...................... 47 to less than 59 inches (119 to
less than 150 cm).
Small medium...................... 59 to less than 73 inches (150 to
less than 185 cm).
Large medium...................... 73 to less than 81 inches (185 to
less than 206 cm).
Giant............................. 81 inches or greater (206 cm or
greater).
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Table 2 summarizes the recreational quota, subquotas, landings, and
retention limit information for 2015 and 2016, by size class.
Table 2--Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2015-2016
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2015 2016
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Amount of Amount of
Subquotas and subquotas and Subquotas and subquotas and
Size class total quota Landings (mt) total quota total quota Landings (mt) total quota
(mt) used (percent) (mt) used (percent)
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School.................................................. 108.4 26.2 24 108.4 40.3 37
Large School/Small Medium............................... 82.3 80.2 97 82.3 96.8 118
Trophy: Large Medium/Giant.............................. 4.5 6.7 149 4.5 5.9 131
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Total............................................... 195.2 113.1 58 195.2 143 73
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Daily Retention Limits (per Vessel) January 1 through May 14: 1 school, large
school, or small medium (default)
January 1 through April 22: 1 school, large
school, or small medium (default)
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May 15 through December 31 (80 FR 27863, May
15, 2015):
April 23 through December 31 (81 FR 23438,
April 21, 2016):
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Private boats: 1 school and 1 large school/
small medium
Private boats: 2 school and 1 large school/
small medium
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Charter/Headboats: 2 school and 1 large school/
small medium
Charter/Headboats: 3 school and 1 large school/
small medium
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Adjustment of Angling Category Daily Retention Limit
Under Sec. 635.23(b)(3), NMFS may increase or decrease the Angling
category retention limit for any size class of BFT after considering
regulatory determination criteria provided under Sec. 635.27(a)(8).
Recreational retention limits may be adjusted separately for specific
vessel type, such as private vessels, headboats, or charter vessels.
NMFS has considered all of the relevant determination criteria and
their applicability to the change in the Angling category retention
limit. The criteria and their application are discussed below.
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 recreational fishermen continue to 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 would support the collection of a broad range
of data for these studies and for stock monitoring purposes.
NMFS considered the catches of the Angling 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)). NMFS anticipates that the
full 2017 Angling category quota would not be harvested under the
default retention limit. As shown in Table 2, Angling category landings
were approximately 58 and 73 percent of the 184.3-mt annual Angling
category quota in 2015 and 2016, respectively.
NMFS also considered the effects of the adjustment on bluefin tuna
rebuilding and overfishing and the effects of the adjustment on
accomplishing the objectives of the FMP (Sec. 635.27(a)(8)(v) and
(vi)). These retention limits would be consistent with the quotas
established and analyzed in the bluefin tuna quota final rule (80 FR
52198, August 28, 2015), and with objectives of the 2006 Consolidated
HMS FMP and amendments, and is not expected to negatively impact stock
health or to affect the stock in ways not already analyzed in those
documents. It is also important that we limit landings to the subquotas
both to adhere to the FMP quota allocations and to ensure that
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landings are as consistent as possible with the pattern of fishing
mortality (e.g., fish caught at each age) that was assumed in the
projections of stock rebuilding.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the full Angling
category quota without exceeding it based on the goals of the 2006
Consolidated HMS FMP and amendments, 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 (related to
Sec. 635.27(a)(8)(x)).
The 2016 school bluefin tuna landings represent 3.7 percent of the
total U.S. quota for 2016, well under the ICCAT recommended 10-percent
limit. Landings of school bluefin tuna in 2015 represented 2.4 percent
of the total U.S. quota for 2015. Given that the Angling category
landings fell short of the available quota and considering the
regulatory criteria above, NMFS has determined that the Angling
category retention limit applicable to participants on HMS Angling and
HMS Charter/Headboat category permitted vessels should be adjusted
upwards from the default level. NMFS has also concluded that
implementation of separate limits for private and charter/headboat
vessels remains appropriate, recognizing the different nature, socio-
economic needs, and recent landings results of the two components of
the recreational BFT fishery. For example, charter operators
historically have indicated that a multi-fish retention limit is vital
to their ability to attract customers. In addition, Large Pelagics
Survey estimates indicate that charter/headboat BFT landings averaged
approximately 30 percent of recent recreational landings for 2015
through 2016, with the remaining 70 percent landed by private vessels.
Therefore, for private vessels (i.e., those with HMS Angling
category permits), this action adjusts the limit upwards to two school
BFT and one large school/small medium BFT per vessel per day/trip
(i.e., two BFT measuring 27 to less than 47 inches, and one BFT
measuring 47 to less than 73 inches). For charter vessels (i.e., those
with HMS Charter/Headboat permits), this action adjusts the limit
upwards to three school BFT and one large school/small medium BFT per
vessel per day/trip when fishing recreationally for BFT (i.e., three
BFT measuring 27 to less than 47 inches, and one BFT measuring 47 to
less than 73 inches). These retention limits are effective in all
areas, except for the Gulf of Mexico, where NMFS prohibits targeted
fishing for BFT. Regardless of the duration of a fishing trip, the
daily retention limit applies upon landing. For example, whether a
private vessel (fishing under the Angling category retention limit)
takes a two-day trip or makes two trips in one day, the day/trip limit
of two school BFT and one large school/small medium BFT applies and may
not be exceeded upon landing.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2017 that would not exceed the available
subquotas. Lower retention limits could result in substantial
underharvest of the codified Angling category subquota, and increasing
the daily limits further may risk exceeding the available quota,
contrary to the objectives of the 2006 Consolidated HMS FMP and
amendments. NMFS is not setting higher school BFT limit for private and
charter vessels due to the potential risk of exceeding the ICCAT
tolerance limit on school BFT and other considerations, such as
potential effort shifts to BFT fishing as a result of current, reduced
recreational retention limits for New England groundfish and striped
bass. NMFS will monitor 2017 landings closely and will make further
adjustments, including closure if necessary, with an inseason action if
warranted.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely through the
mandatory landings and catch reports. HMS Charter/Headboat 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 or by using the Android or
iPhone app. Depending on the level of fishing effort and catch rates of
BFT, NMFS may determine that additional retention limit adjustments or
closures are necessary to ensure available quota is not exceeded or to
enhance scientific data collection from, and fishing opportunities in,
all geographic areas. Subsequent actions, if any, 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.
HMS Angling and HMS Charter/Headboat category permit holders may
catch and release (or tag and release) BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs at
Sec. 635.26. Anglers are also reminded that all BFT that are released
must be handled in a manner that will maximize survival, and without
removing the fish from the water, consistent with requirements at Sec.
635.21(a)(1). For additional information on safe handling, see the
``Careful Catch and Release'' brochure available at www.nmfs.noaa.gov/sfa/hms/.
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 opportunity for public
comment to implement the daily retention limit for the remainder of
2017 at this time is impracticable. Based on available BFT quotas,
fishery performance in recent years, and the availability of BFT on the
fishing grounds, immediate adjustment to the Angling category BFT daily
retention limit from the default levels is warranted to allow fishermen
to take advantage of the availability of fish and of quota. NMFS could
not have proposed these actions earlier, as it needed to consider and
respond to updated data and information from the 2016 Angling category
fishery. If NMFS was to offer a public comment period now, after having
appropriately considered that data, it would preclude fishermen from
harvesting BFT that are legally available consistent with all of the
regulatory criteria, and/or could result in selection of a retention
limit inappropriately high or low for the amount of quota available for
the period.
Fisheries under the Angling category daily retention limit are
currently underway and thus prior notice would be contrary to the
public interest. Delays in increasing daily recreational BFT retention
limit would adversely affect those HMS Angling and Charter/Headboat
category vessels that would otherwise have an opportunity to harvest
more than the default retention limit of one school, large school, or
small medium BFT per day/trip and may exacerbate the problem of low
catch rates and quota rollovers. Analysis of available data shows that
adjustment to the BFT daily retention limit from the default level
would result in minimal
[[Page 19618]]
risks of exceeding the ICCAT-allocated quota. NMFS provides
notification of retention limit adjustments by publishing the notice in
the Federal Register, emailing individuals who have subscribed to the
Atlantic HMS News electronic newsletter, and updating the information
posted on the Atlantic Tunas Information Line and on
hmspermits.noaa.gov. 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 also 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. 635.23(b)(3), and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: April 26, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2017-08777 Filed 4-27-17; 8:45 am]
BILLING CODE 3510-22-P
