Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 41356-41358 [2017-18493]
Download as PDF
<![CDATA[
41356
Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
SUMMARY:
The Atlantic bluefin tuna
(BFT) General category is currently
closed and will reopen on September 1,
2017. NMFS is updating the adjustment
of the BFT General category daily
retention limit that will take effect
beginning September 1, 2017, from the
recently adopted two large medium or
giant BFT per vessel per day/trip to one
large medium or giant BFT per vessel
per day/trip. This action is based on
updated information about the
availability of BFT and quota after
considering the regulatory
determination criteria regarding
inseason adjustments and applies to
Atlantic Tunas General category
(commercial) permitted vessels and
Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels when fishing commercially for
BFT.
October 2, 2006), as amended by
Amendment 7 to the 2006 Consolidated
HMS FMP (Amendment 7) (79 FR
71510, December 2, 2014), and in
accordance with implementing
regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
The base quota for the General
category is 466.7 mt. See § 635.27(a).
Each of the General category time
periods (January, June through August,
September, October through November,
and December) is allocated a
‘‘subquota’’ or portion of the annual
General category quota. Although it is
called the ‘‘January’’ subquota, the
regulations allow the General category
fishery under this quota to continue
until the subquota is reached or March
31, whichever comes first. The
subquotas for each time period are as
follows: 24.7 mt for January; 233.3 mt
for June through August; 123.7 mt for
September; 60.7 mt for October through
November; and 24.3 mt for December.
Any unused General category quota
rolls forward within the fishing year,
which coincides with the calendar year,
from one time period to the next, and
is available for use in subsequent time
periods. On December 19, 2016, NMFS
published an inseason action
transferring 16.3 mt of BFT quota from
the December 2017 subquota to the
January 2017 subquota period (81 FR
91873). For 2017, NMFS also transferred
40 mt from the Reserve to the General
category effective March 2, resulting in
an adjusted General category quota of
506.7 mt (82 FR 12747, March 7, 2017).
Effective September 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 Atlantic
Consolidated Highly Migratory Species
Fishery Management Plan (2006
Consolidated HMS FMP) (71 FR 58058,
Adjustment of General Category Daily
Retention Limit
The default General category retention
limit is one large medium or giant BFT
(measuring 73 inches (185 cm) curved
fork length (CFL) or greater) per vessel
per day/trip (§ 635.23(a)(2)).
Thus far this year, NMFS adjusted the
daily retention limit for the 2017
January subquota period from the
default level of one large medium or
giant BFT to three large medium BFT
(81 FR 91873, December 19, 2016).
NMFS closed the January 2017 fishery
on March 29 (82 FR 16136, April 3,
2017). NMFS adjusted the daily
retention limit from the default level of
one large medium or giant BFT to four
large medium or giant BFT for the June
through August 2017 subquota period
(82 FR 22616, May 17, 2017). Effective
August 5, 2017, NMFS reduced the
daily retention limit from four to two
large medium or giant BFT for the
remainder of 2017, and indicated that,
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XF634
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category retention limit
adjustment.
AGENCY:
nlaroche on DSKBBV9HB2PROD with RULES
DATES:
VerDate Sep<11>2014
15:11 Aug 30, 2017
Jkt 241001
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
if needed, additional adjustments would
be published in the Federal Register (82
FR 36689, August 7, 2017). Upon
determining that the June through
August 2017 subquota of 233.3 mt had
been reached, NMFS closed the General
category fishery for the June through
August period effective August 16, 2017
(82 FR 39047, August 17, 2017).
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
five per vessel based on consideration of
the relevant criteria provided under
§ 635.27(a)(8). NMFS has considered the
relevant regulatory determination
criteria and their applicability to the
General category BFT retention limit for
the September, October through
November, and December subquota time
periods. These considerations include,
but are not limited to, the following:
NMFS considered the catches and
catch rates of the General category quota
to date (including during the summer/
fall and winter fisheries in the last
several years), and the likelihood of
closure of that segment of the fishery if
no adjustment is made (§ 635.27(a)(8)(ii)
and (ix)). NMFS previously considered
catch and catch rate information from
July and August and determined that a
two-fish limit was appropriate for the
remainder of the year. Subsequently,
however, a large number of landings
occurred in a short time period,
increasing the overall daily catch rates
and indicating increased availability of
fish on the fishing grounds, and
participation in the fishery. Through the
August 16, 2017 General category
closure date, 2017 General category
landings were approximately 433 mt,
which is 93 and 85 percent of the
annual base and adjusted 2017 General
category quotas, respectively. Landings
from June 1 through the August 16
closure date were 325.3 mt, representing
139 percent of the General category
subquota for the June 1 through August
31 period. NMFS anticipates that
commercial-size BFT will be readily
available to vessels fishing under the
General category quota. If the catch rates
of approximately 6 mt per day under the
two-fish daily limit established in the
August 7 Federal Register document
were to continue when the fishery
reopens on September 1, the available
subquotas for the September, October
through November, and December could
be reached or exceeded quickly, and
NMFS would need to close the fishery
earlier than otherwise would be
necessary under a lower limit. Thus,
while NMFS anticipates that
commercial-size bluefin tuna will be
readily available to vessels fishing
E:\FR\FM\31AUR1.SGM
31AUR1
nlaroche on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
under the General category quota when
the fishery reopens, current catch rates
indicate a reduction from two fish to
one fish is warranted.
Another relevant criterion is the
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
(§ 635.27(a)(8)(viii)). NMFS anticipates
that 108.38 mt of underharvest of the
2016 adjusted U.S. BFT quota will be
carried forward to 2017 to the Reserve
category, in accordance with the
regulations, in the coming weeks. This
increases the likelihood that General
category quota will remain available
through the end of 2017, provided
retention limits are managed
accordingly. Last fall, General category
landings were relatively high due to a
combination of fish availability,
favorable fishing conditions, and higher
daily retention limits (five fish per day
for June 1 through October 8, four fish
effective October 9 through October 16,
and two fish effective October 17
through November 3). Given these
conditions, NMFS transferred 125 mt
from the Reserve category (81 FR 70369,
October 12, 2016) and later transferred
another 85 mt (18 mt from the Harpoon
category and 67 mt from the Reserve
category) (81 FR 71639, October 18,
2016). Nevertheless, NMFS had to close
the 2016 General category fishery
effective November 4 to prevent further
overharvest of the adjusted General
category quota. For 2017, NMFS again
intends to provide General category
participants in all areas and time
periods opportunities to harvest the
General category quota without
exceeding it, through active inseason
management such as retention limit
adjustments and/or the timing and
amount of quota transfers (based on
consideration of the determination
criteria regarding inseason adjustments),
while extending the season as long as
practicable.
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)), biological
samples collected from BFT landed by
General category fishermen and
provided by BFT dealers continue to
provide NMFS with valuable data for
ongoing scientific studies of BFT age
and growth, migration, and reproductive
status. Prolonged opportunities to land
BFT over the longest time-period
allowable would support the collection
of a broad range of data for these studies
and for stock monitoring purposes.
NMFS also considered the effects of
the adjustment on BFT rebuilding and
VerDate Sep<11>2014
15:11 Aug 30, 2017
Jkt 241001
overfishing and the effects of the
adjustment on accomplishing the
objectives of the FMP (§ 635.27(a)(8)(v)
and (vi)). The adjusted retention limit
would be consistent with the quotas
established and analyzed in the BFT
quota final rule (80 FR 52198, August
28, 2015), and with objectives of the
2006 Consolidated HMS FMP and
amendments, and is not expected to
negatively impact stock health or to
affect the stock in ways not already
analyzed in those documents. It is also
important that NMFS limit landings to
the subquotas both to adhere to the FMP
quota allocations and to ensure that
landings are as consistent as possible
with the pattern of fishing mortality
(e.g., fish caught at each age) that was
assumed in the projections of stock
rebuilding.
Another principal consideration in
setting the retention limit is the
objective of providing opportunities to
harvest the full General category quota
without exceeding it based on the goals
of the 2006 Consolidated HMS FMP and
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)).
Based on these considerations, NMFS
has determined that a one-fish General
category retention limit is warranted for
the remainder of the year. It would
provide a reasonable opportunity to
harvest the U.S. quota of BFT without
exceeding it, while maintaining an
equitable distribution of fishing
opportunities, help optimize the ability
of the General category to harvest its
available quota, allow collection of a
broad range of data for stock monitoring
purposes, and be consistent with the
objectives of the 2006 Consolidated
HMS FMP and amendments. Therefore,
NMFS adjusts the General category
retention limit from two to one large
medium or giant BFT per vessel per
day/trip, effective when the General
category fishery reopens on September
1, 2017, through December 31, 2017.
Depending on the level of fishing effort
and catch rates of BFT, NMFS may
determine that additional adjustments
are necessary to ensure available quota
is not exceeded or to enhance scientific
data collection from, and fishing
opportunities in, all geographic areas.
Regardless of the duration of a fishing
trip, no more than a single day’s
retention limit may be possessed,
retained, or landed. For example (and
specific to the limit that will apply
beginning September 1, 2017), whether
a vessel fishing under the General
category limit takes a two-day trip or
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
41357
makes two trips in one day, the daily
limit of one fish may not be exceeded
upon landing. This General category
retention limit is effective in all areas,
except for the Gulf of Mexico, where
NMFS prohibits targeting fishing for
BFT, and applies to those vessels
permitted in the General category, as
well as to those HMS Charter/Headboat
permitted vessels fishing commercially
for BFT.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely. Dealers are required
to submit landing reports within 24
hours of a dealer receiving BFT. General
and HMS Charter/Headboat 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
HMS Catch Reporting App. If needed,
subsequent adjustments will be
published in the Federal Register. In
addition, fishermen may call the
Atlantic Tunas Information Line at (978)
281–9260, or access
hmspermits.noaa.gov, for updates on
quota monitoring and inseason
adjustments.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
Prior notice and an opportunity for
public comment is impracticable
because the regulations implementing
the 2006 Consolidated HMS FMP, as
amended, intended that inseason
retention limit adjustments would allow
the agency to respond quickly to the
unpredictable nature of BFT availability
on the fishing grounds, the migratory
nature of this species, and the regional
variations in the BFT fishery. Based on
available BFT quotas, fishery
performance in recent years, and the
availability of BFT on the fishing
grounds, adjustment to the General
category BFT daily retention limit from
the default level is warranted.
Delays in adjusting the retention limit
may result in the available quota being
reached or exceeded and NMFS needing
to close the fishery earlier than
otherwise would be necessary under a
lower limit. Such delays could
adversely affect those General and HMS
Charter/Headboat category vessels that
would otherwise have an opportunity to
harvest BFT if the fishery were to
remain open for as long as feasible
throughout the remaining subquota
E:\FR\FM\31AUR1.SGM
31AUR1
41358
Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations
periods. Limited opportunities to
harvest the respective quotas may have
negative social and economic impacts
for U.S. fishermen that depend upon
catching the available quota within the
time periods designated in the 2006
Consolidated HMS FMP, as amended.
Adjustment of the retention limit needs
to be effective September 1, 2017, to
extend fishing opportunities for
fishermen in all geographic areas,
consistent with objectives of the 2006
Consolidated HMS FMP and provide
equitable opportunities.
Prior notice and an opportunity for
public comment is also impracticable
for the retention limit adjustment to one
fish for the September and subsequent
subquota periods. By adopting the onefish limit for the remainder of the year
through this action, NMFS avoids
confusion that would arise for the
regulated community from two inseason
actions adopting the same limit.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For these reasons, there is
good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under
§ 635.23(a)(4), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 28, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2017–18493 Filed 8–28–17; 4:15 pm]
nlaroche on DSKBBV9HB2PROD with RULES
BILLING CODE 3510–22–P
VerDate Sep<11>2014
15:11 Aug 30, 2017
Jkt 241001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 161020985–7181–02]
RIN 0648–XF656
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific ocean perch in the
Central Aleutian district (CAI) of the
Bering Sea and Aleutian Islands
management area (BSAI) by vessels
participating in the BSAI trawl limited
access fishery. This action is necessary
to prevent exceeding the 2017 total
allowable catch (TAC) of Pacific ocean
perch in the CAI allocated to vessels
participating in the BSAI trawl limited
access fishery.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 28, 2017, through
2400 hrs, A.l.t., December 31, 2017.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2017 TAC of Pacific ocean perch,
in the CAI, allocated to vessels
participating in the BSAI trawl limited
access fishery was established as a
directed fishing allowance of 619 metric
tons by the final 2017 and 2018 harvest
SUMMARY:
PO 00000
Frm 00038
Fmt 4700
Sfmt 9990
specifications for groundfish in the
BSAI (82 FR 11826, February 27, 2017).
In accordance with § 679.20(d)(1)(iii),
the Regional Administrator finds that
this directed fishing allowance has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
ocean perch in the CAI by vessels
participating in the BSAI trawl limited
access fishery.
After the effective dates of this
closure, the maximum retainable
amounts at § 679.20(e) and (f) apply at
any time during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA) finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such a requirement
is impracticable and contrary to the
public interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of the Pacific ocean
perch directed fishery in the CAI for
vessels participating in the BSAI trawl
limited access fishery. NMFS was
unable to publish a document providing
time for public comment because the
most recent, relevant data only became
available as of August 25, 2017. The
Acting AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 28, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2017–18496 Filed 8–28–17; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41356-41358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18493]
[[Page 41356]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XF634
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category retention limit
adjustment.
-----------------------------------------------------------------------
SUMMARY: The Atlantic bluefin tuna (BFT) General category is currently
closed and will reopen on September 1, 2017. NMFS is updating the
adjustment of the BFT General category daily retention limit that will
take effect beginning September 1, 2017, from the recently adopted two
large medium or giant BFT per vessel per day/trip to one large medium
or giant BFT per vessel per day/trip. This action is based on updated
information about the availability of BFT and quota after considering
the regulatory determination criteria regarding inseason adjustments
and applies to Atlantic Tunas General category (commercial) permitted
vessels and Highly Migratory Species (HMS) Charter/Headboat category
permitted vessels when fishing commercially for BFT.
DATES: Effective September 1, 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 Atlantic Consolidated Highly
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP)
(71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and
in accordance with implementing regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest the ICCAT-recommended quota.
The base quota for the General category is 466.7 mt. See Sec.
635.27(a). Each of the General category time periods (January, June
through August, September, October through November, and December) is
allocated a ``subquota'' or portion of the annual General category
quota. Although it is called the ``January'' subquota, the regulations
allow the General category fishery under this quota to continue until
the subquota is reached or March 31, whichever comes first. The
subquotas for each time period are as follows: 24.7 mt for January;
233.3 mt for June through August; 123.7 mt for September; 60.7 mt for
October through November; and 24.3 mt for December. Any unused General
category quota rolls forward within the fishing year, which coincides
with the calendar year, from one time period to the next, and is
available for use in subsequent time periods. On December 19, 2016,
NMFS published an inseason action transferring 16.3 mt of BFT quota
from the December 2017 subquota to the January 2017 subquota period (81
FR 91873). For 2017, NMFS also transferred 40 mt from the Reserve to
the General category effective March 2, resulting in an adjusted
General category quota of 506.7 mt (82 FR 12747, March 7, 2017).
Adjustment of General Category Daily Retention Limit
The default General category retention limit is one large medium or
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or
greater) per vessel per day/trip (Sec. 635.23(a)(2)).
Thus far this year, NMFS adjusted the daily retention limit for the
2017 January subquota period from the default level of one large medium
or giant BFT to three large medium BFT (81 FR 91873, December 19,
2016). NMFS closed the January 2017 fishery on March 29 (82 FR 16136,
April 3, 2017). NMFS adjusted the daily retention limit from the
default level of one large medium or giant BFT to four large medium or
giant BFT for the June through August 2017 subquota period (82 FR
22616, May 17, 2017). Effective August 5, 2017, NMFS reduced the daily
retention limit from four to two large medium or giant BFT for the
remainder of 2017, and indicated that, if needed, additional
adjustments would be published in the Federal Register (82 FR 36689,
August 7, 2017). Upon determining that the June through August 2017
subquota of 233.3 mt had been reached, NMFS closed the General category
fishery for the June through August period effective August 16, 2017
(82 FR 39047, August 17, 2017).
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8). NMFS has considered the
relevant regulatory determination criteria and their applicability to
the General category BFT retention limit for the September, October
through November, and December subquota time periods. These
considerations include, but are not limited to, the following:
NMFS considered the catches and catch rates of the General category
quota to date (including during the summer/fall and winter fisheries in
the last several years), and the likelihood of closure of that segment
of the fishery if no adjustment is made (Sec. 635.27(a)(8)(ii) and
(ix)). NMFS previously considered catch and catch rate information from
July and August and determined that a two-fish limit was appropriate
for the remainder of the year. Subsequently, however, a large number of
landings occurred in a short time period, increasing the overall daily
catch rates and indicating increased availability of fish on the
fishing grounds, and participation in the fishery. Through the August
16, 2017 General category closure date, 2017 General category landings
were approximately 433 mt, which is 93 and 85 percent of the annual
base and adjusted 2017 General category quotas, respectively. Landings
from June 1 through the August 16 closure date were 325.3 mt,
representing 139 percent of the General category subquota for the June
1 through August 31 period. NMFS anticipates that commercial-size BFT
will be readily available to vessels fishing under the General category
quota. If the catch rates of approximately 6 mt per day under the two-
fish daily limit established in the August 7 Federal Register document
were to continue when the fishery reopens on September 1, the available
subquotas for the September, October through November, and December
could be reached or exceeded quickly, and NMFS would need to close the
fishery earlier than otherwise would be necessary under a lower limit.
Thus, while NMFS anticipates that commercial-size bluefin tuna will be
readily available to vessels fishing
[[Page 41357]]
under the General category quota when the fishery reopens, current
catch rates indicate a reduction from two fish to one fish is
warranted.
Another relevant criterion is the 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 (Sec.
635.27(a)(8)(viii)). NMFS anticipates that 108.38 mt of underharvest of
the 2016 adjusted U.S. BFT quota will be carried forward to 2017 to the
Reserve category, in accordance with the regulations, in the coming
weeks. This increases the likelihood that General category quota will
remain available through the end of 2017, provided retention limits are
managed accordingly. Last fall, General category landings were
relatively high due to a combination of fish availability, favorable
fishing conditions, and higher daily retention limits (five fish per
day for June 1 through October 8, four fish effective October 9 through
October 16, and two fish effective October 17 through November 3).
Given these conditions, NMFS transferred 125 mt from the Reserve
category (81 FR 70369, October 12, 2016) and later transferred another
85 mt (18 mt from the Harpoon category and 67 mt from the Reserve
category) (81 FR 71639, October 18, 2016). Nevertheless, NMFS had to
close the 2016 General category fishery effective November 4 to prevent
further overharvest of the adjusted General category quota. For 2017,
NMFS again intends to provide General category participants in all
areas and time periods opportunities to harvest the General category
quota without exceeding it, through active inseason management such as
retention limit adjustments and/or the timing and amount of quota
transfers (based on consideration of the determination criteria
regarding inseason adjustments), while extending the season as long as
practicable.
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock (Sec. 635.27(a)(8)(i)), biological samples
collected from BFT landed by General category fishermen and provided by
BFT dealers continue to provide NMFS with valuable data for ongoing
scientific studies of BFT age and growth, migration, and reproductive
status. Prolonged opportunities to land BFT over the longest time-
period allowable would support the collection of a broad range of data
for these studies and for stock monitoring purposes.
NMFS also considered the effects of the adjustment on BFT
rebuilding and overfishing and the effects of the adjustment on
accomplishing the objectives of the FMP (Sec. 635.27(a)(8)(v) and
(vi)). The adjusted retention limit would be consistent with the quotas
established and analyzed in the BFT quota final rule (80 FR 52198,
August 28, 2015), and with objectives of the 2006 Consolidated HMS FMP
and amendments, and is not expected to negatively impact stock health
or to affect the stock in ways not already analyzed in those documents.
It is also important that NMFS limit landings to the subquotas both to
adhere to the FMP quota allocations and to ensure that landings are as
consistent as possible with the pattern of fishing mortality (e.g.,
fish caught at each age) that was assumed in the projections of stock
rebuilding.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the full General
category quota without exceeding it based on the goals of the 2006
Consolidated HMS FMP and 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)).
Based on these considerations, NMFS has determined that a one-fish
General category retention limit is warranted for the remainder of the
year. It would provide a reasonable opportunity to harvest the U.S.
quota of BFT without exceeding it, while maintaining an equitable
distribution of fishing opportunities, help optimize the ability of the
General category to harvest its available quota, allow collection of a
broad range of data for stock monitoring purposes, and be consistent
with the objectives of the 2006 Consolidated HMS FMP and amendments.
Therefore, NMFS adjusts the General category retention limit from two
to one large medium or giant BFT per vessel per day/trip, effective
when the General category fishery reopens on September 1, 2017, through
December 31, 2017. Depending on the level of fishing effort and catch
rates of BFT, NMFS may determine that additional adjustments are
necessary to ensure available quota is not exceeded or to enhance
scientific data collection from, and fishing opportunities in, all
geographic areas.
Regardless of the duration of a fishing trip, no more than a single
day's retention limit may be possessed, retained, or landed. For
example (and specific to the limit that will apply beginning September
1, 2017), whether a vessel fishing under the General category limit
takes a two-day trip or makes two trips in one day, the daily limit of
one fish may not be exceeded upon landing. This General category
retention limit is effective in all areas, except for the Gulf of
Mexico, where NMFS prohibits targeting fishing for BFT, and applies to
those vessels permitted in the General category, as well as to those
HMS Charter/Headboat permitted vessels fishing commercially for BFT.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. Dealers are
required to submit landing reports within 24 hours of a dealer
receiving BFT. General and HMS Charter/Headboat 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 HMS Catch Reporting App. If needed,
subsequent adjustments will be published in the Federal Register. In
addition, fishermen may call the Atlantic Tunas Information Line at
(978) 281-9260, or access hmspermits.noaa.gov, for updates on quota
monitoring and inseason adjustments.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
Prior notice and an opportunity for public comment is impracticable
because the regulations implementing the 2006 Consolidated HMS FMP, as
amended, intended that inseason retention limit adjustments would allow
the agency to respond quickly to the unpredictable nature of BFT
availability on the fishing grounds, the migratory nature of this
species, and the regional variations in the BFT fishery. Based on
available BFT quotas, fishery performance in recent years, and the
availability of BFT on the fishing grounds, adjustment to the General
category BFT daily retention limit from the default level is warranted.
Delays in adjusting the retention limit may result in the available
quota being reached or exceeded and NMFS needing to close the fishery
earlier than otherwise would be necessary under a lower limit. Such
delays could adversely affect those General and HMS Charter/Headboat
category vessels that would otherwise have an opportunity to harvest
BFT if the fishery were to remain open for as long as feasible
throughout the remaining subquota
[[Page 41358]]
periods. Limited opportunities to harvest the respective quotas may
have negative social and economic impacts for U.S. fishermen that
depend upon catching the available quota within the time periods
designated in the 2006 Consolidated HMS FMP, as amended. Adjustment of
the retention limit needs to be effective September 1, 2017, to extend
fishing opportunities for fishermen in all geographic areas, consistent
with objectives of the 2006 Consolidated HMS FMP and provide equitable
opportunities.
Prior notice and an opportunity for public comment is also
impracticable for the retention limit adjustment to one fish for the
September and subsequent subquota periods. By adopting the one-fish
limit for the remainder of the year through this action, NMFS avoids
confusion that would arise for the regulated community from two
inseason actions adopting the same limit. Therefore, the AA finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment. For these reasons, there is good cause
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
This action is being taken under Sec. 635.23(a)(4), and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: August 28, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2017-18493 Filed 8-28-17; 4:15 pm]
BILLING CODE 3510-22-P
