Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 17110-17114 [2018-08125]
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Statute 13–3702 makes it a class 2
misdemeanor to ‘‘deface or damage
petroglyphs, pictographs, caves, or
caverns.’’ Activities covered under ARS
13–3702 include ‘‘kill, harm, or disturb
plant or animal life found in any cave
or cavern, except for safety reasons.’’ We
acknowledge that these regulations are
only as effective as their enforcement,
but we are confident that our Federal
and State partners will enforce these
regulations to the best of their ability.
We are currently aware of only one site
where abandonment of the roost
resulted from human disturbance. This
issue was addressed through fencing
and human disturbance has not been an
issue since the fencing was installed.
Comment (17): Two commenters
discussed the potential effects of wind
energy development. One indicated that
wind energy facilities were not
adequately evaluated in the SSA and the
proposed delisting rule.
Our Response: We are aware of lesser
long-nosed bat fatalities from wind
energy development facilities in both
the United States and Mexico. However,
because monitoring at these sites is not
comprehensive and because this is an
emerging threat without much
information available specifically
related to lesser long-nosed bats, it is
difficult to determine the actual longterm impact of wind turbines on this
species. Based on existing wind energy
development, there are two wind energy
facilities in Arizona (producing 268 MW
of power) and one wind energy facility
in New Mexico (producing 1,112 MW of
power) within the range of the lesser
long-nosed bat. The American Wind
Energy Association (AWEA) has
identified an additional six projects
under development in New Mexico;
however, none of these projects are
within the range of lesser long-nosed
bat. The AWEA has identified no
additional projects under development
in Arizona within the range of the lesser
long-nosed bat. Through 2050, the U.S.
Department of Energy’s Wind Vision
(2013) report, projects 5 and 15
gigawatts of wind generating capacity
for Arizona and New Mexico
respectively. However, based on wind
resource maps from the National
Renewable Energy Laboratory, measured
at 80 meters above ground level, wind
resources are limited within the range of
the lesser long-nosed bat in either State.
While we do not have any specific
information related to wind energy
development in Mexico, short- and
medium term projects indicate that the
development of wind power is expected
to take an increasingly important
position in Mexico’s energy landscape.
One source predicts that wind energy
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development in Mexico will increase
four fold from 2016 to 2020.
The impact of wind energy
development on lesser long-nosed bats
is unknown and more attention must be
paid to characterizing and avoiding
potential impacts. Because lesser longnosed bats are migratory, and impacts
from wind energy facilities to migratory
bats are well documented, the
construction of new facilities should be
carefully sited to avoid roosts and
migratory flyways. Moreover,
construction of sites within the range of
the lesser long-nosed bat should be
monitored and fatalities reported with
adaptive management strategies in place
to reduce fatalities over time.
Required Determinations
National Environmental Policy Act
We have determined that
environmental assessments and
environmental impact statements, as
defined under the authority of the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), need not
be prepared in connection with
regulations adopted pursuant to section
4(a) of the Act. We published a notice
outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244).
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and the Department of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis.
Therefore, we solicited information
from Native American Tribes during the
comment period to determine potential
effects on them or their resources that
may result from the delisting of the
lesser long-nosed bat, and we fully
considered their comments in this final
rule.
References Cited
A complete list of all references cited
in this rule is available on https://
www.regulations.gov in Docket No.
FWS–R2–ES–2016–0138, or upon
request from the Field Supervisor,
Arizona Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document
are the staff members of the Arizona
Ecological Services Field Office, U.S.
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Fish and Wildlife Service (see FOR
FURTHER INFORMATION CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, we hereby amend part
17, subchapter B of chapter I, title 50 of
the Code of Federal Regulations, as set
forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
§ 17.11
[Amended]
2. Amend § 17.11(h) by removing the
entry for ‘‘Bat, lesser long-nosed’’ under
MAMMALS from the List of Endangered
and Threatened Wildlife.
■
Dated: March 8, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife
Service, Exercising the Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018–08121 Filed 4–17–18; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket Nos. 120328229–4949–02 and
150121066–5717–02]
RIN 0648–XG140
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 2018, as
it has done annually since 2015. NMFS
also is transferring 44.5 metric tons (mt)
of BFT quota from the Reserve category
SUMMARY:
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to the Longline category after
considering the applicable regulatory
determination criteria. NMFS has
decided that the quota transferred 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, each
associated IBQ account will receive
1,102 lb (0.5 mt) of IBQ.
DATES: Effective April 13, 2018, through
December 31, 2018.
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 established 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). For 2018
to date, NMFS has made the following
inseason quota transfers: 14.3 mt from
the General category December 2018
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subquota period to the January 2018
subquota period (82 FR 60680,
December 22, 2017) and 10 mt from the
Reserve category to the General category
(83 FR 9232, March 5, 2018), resulting
in an adjusted 2018 Reserve category
quota of 14.8 mt.
Pursuant to § 635.27(a)(4), NMFS has
determined the amount of quota
available to the Atlantic Tunas Purse
Seine category participants in 2018,
based on their BFT catch (landings and
dead discards) in 2017. In accordance
with the regulations, NMFS makes
available to each Purse Seine category
participant either 100 percent, 75
percent, 50 percent, or 25 percent of the
individual baseline quota allocations
based on the previous year’s catch, as
described in § 635.27(a)(4)(ii), and
reallocates the remainder to the Reserve
category. NMFS has calculated the
amounts of quota available to the Purse
Seine category participants for 2018
based on their individual catch levels in
2017 and the codified process adopted
in Amendment 7. NMFS did not open
the Purse Seine fishery in 2017 because
there were no purse seine vessels
permitted to fish for BFT and thus on
catch in 2017. As a result, each Purse
Seine category participant will receive
25 percent of the individual baseline
quota amount, which is the required
distribution even with no fishing
activity under the current regulations.
The individual baseline amount is 36.9
mt (184.3 mt divided by five Purse
Seine category participants), 25 percent
of which is 9.2 mt. Consistent with
§ 635.27(a)(4)(v)(C), NMFS will notify
Atlantic Tunas Purse Seine category
participants of the amount of quota
available for their use this year through
the IBQ electronic system established
under § 635.15 and in writing.
By summing the individual available
allocations, NMFS has determined that
46.1 mt are available to the Purse Seine
category for 2018. 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 an adjusted 2018
Reserve category quota of 153 mt (14.8
mt + 138.2 mt), before any further
transfers to other categories.
Quota Transfer
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). NMFS has considered all
of these criteria, and discuss specific
consideration of the criteria relevant for
the quota transfer below.
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NMFS considered the catches of the
Longline category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made
(§ 635.27(a)(8)(ii)). As of March 31, the
Longline category has landed about 28.2
mt (19 percent) of its 148.3-mt baseline
quota. Thus, this is not a situation in
which NMFS is transferring quota to
avoid the need for closure of the whole
Longline category. However, as
discussed in more detail in the next
section, the additional quota will be
distributed to active vessels in the
Longline category to help vessel owners
account for BFT catch while fostering
conditions in which permit holders
become more willing to lease IBQ to
other vessels through the IBQ system.
Longline vessels must use IBQ to
account for their incidental BFT
landings and dead discards while
fishing for swordfish and yellowfin
tuna. In 2018, NMFS modified HMS
regulations to require vessels in the
pelagic longline fishery to account for
bycatch of BFT using IBQ on a quarterly
basis instead of on a trip-level basis (82
FR 61489, December 28, 2017). If a
vessel has insufficient IBQ to account
for such landings and dead discards
within a quarter, it goes into ‘‘quota
debt.’’
For the first fishing trip in a calendar
year quarter, as defined at § 635.15(b)(3),
a 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). Without the quota
transfer, active vessels may have
difficulty accounting for their BFT catch
within a quarter. Transferring 44.5 mt of
quota from the Reserve category would
provide limited additional opportunities
to harvest available swordfish and
yellowfin tuna without exceeding the
BFT quota available to account for
incidental BFT catch during those
operations. Regarding the projected
ability of the vessels fishing under the
particular category quota (here, the
Longline category) to harvest the
additional amount of BFT before the
end of the fishing year
(§ 635.27(a)(8)(iii)), NMFS cannot
predict if all of the 44.5 mt of quota will
be used by December 31, given the
highly variable nature (i.e., temporally
and spatially) of incidental BFT catch.
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NMFS anticipates, however, that the
amount of quota transferred is an
amount sufficient to facilitate vessel
trips within the next quarters and
encourage leasing by other permit
holders, without limiting NMFS’ ability
to meet other needs with the Reserve
quota for the remainder of the year.
NMFS also considered the estimated
amounts by which quotas for other gear
categories of the fishery might be
exceeded (§ 635.27(a)(8)(iv)) and the
ability to account for all 2018 landings
and dead discards. A small portion of
the overall commercial BFT quota has
been used in 2018 to date, consistent
with the amount of quota used in the
early months of previous years. NMFS
will need to account for all 2018
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 transfer is consistent with the
current quotas, which were established
and analyzed in the Atlantic BFT quota
final rule (80 FR 52198, August 28,
2015), and with objectives of the 2006
Consolidated HMS FMP and
amendments (§ 635.27(a)(8)(v) and (vi)).
The adjusted Longline category quota of
192.8 mt remains within the ICCAT
quota. The revised Longline category
quota supports 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.
Regarding ‘‘optimizing fishing
opportunity’’ (§ 635.27(a)(8)(x)), the
ability of pelagic longline vessel owners
to account for BFT with allocated quota
or to lease IBQ at an affordable price is
key to the success of the IBQ Program
and thus to optimize fishing
opportunity. An inseason transfer of
quota to the Longline category would
optimize fishing opportunity, contribute
to full accounting for landings and dead
discards, and reduce uncertainty in the
fishery as a whole. Quota transferred
from the Reserve category and
distributed directly to active vessels
should reduce 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. Detailed
information is discussed below showing
that without this transfer of quota, some
otherwise active vessels will be unable
to fish because of quota debt or low
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balance (below the minimum amount of
allocation needed to fish) at the start of
the second quarter. The quota transfer
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 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 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 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 relatively
early in 2018 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. In addition, the first quarter of
2018 recently ended and any vessels
that have gone into debt will not be able
to fish beginning April 1 until they
account for quota debt and obtain the
minimum amount of allocation needed
to fish with pelagic longline gear.
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 44.5 mt of the
adjusted Reserve category quota to the
Longline category. As a result of this
quota transfer, the adjusted 2018
Reserve category quota is 108.5 mt (153
mt ¥ 44.5 mt), and the adjusted 2018
Longline category quota is 192.8 mt.
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Distribution of Transferred Quota
Within the Longline Category
After transferring additional BFT
quota inseason to the Longline category,
NMFS may then distribute the quota
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. This
decision may 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 (§ 635.15(b)(9)).
Discussion of the relevant information
and justification for how NMFS is
distributing the transferred quota in this
action follows.
One hundred thirty-six IBQ share
recipients were designated under
Amendment 7, and the baseline
Longline category quota is distributed to
those share recipients at the beginning
of the year, regardless of their fishing
activity. Other permitted Longline
vessels may also fish but do not
automatically receive annual IBQ
allocation from shares. NMFS has
examined the logbook, Vessel
Monitoring System (VMS), dealer, and
electronic monitoring data for 2017 and
for 2018 as of March 31, and has
determined that 89 vessels have recent
fishing activity and that, of those, 85
were IBQ share recipients. Any vessel
activity in the pelagic longline fishery
during this date range is sufficient to
qualify as ‘‘recent fishing activity’’
(§ 635.15(b)(9)).
Preliminary data indicate that, in
2017, 58 Atlantic Tunas Longline
vessels landed a total of 494 BFT
(226,738 lb) and 93 BFT were discarded
dead. Data from the IBQ system indicate
that in 2018 through March 31, 25
Atlantic Tunas Longline vessels landed
a total of 122 BFT (59,134 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 2017 (and early 2018). The vessels
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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
2018. Distributing only to active vessels
provides a focused, more efficient
distribution of quota to those that need
it and will help reduce uncertainty and
facilitate better business decisions and a
more effective leasing program for the
remainder of the year. NMFS notes 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.
There were 118 IBQ lease transactions
in the relevant time period analyzed (85
in 2017; 33 in 2018 through March 31),
with 55 distinct share recipients leasing.
A total of 200,823 lb were leased
(156,148 lb in 2017; 44,675 lb in 2018
through March 31). Seventeen IBQ
lessors did not have recent fishing
activity. Overall, the average amount of
IBQ leased was 1,837 lb in 2017 with an
average lease price of $1.67 per pound,
and 1,354 lb in 2018 through March 31
with an average lease price of $2.84 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 IBQ. Data
indicate that the ex-vessel price of BFT
from pelagic longline vessels ranged
from $0.01 to $35 per pound, with an
average of $4.95 per pound. 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. Fifteen
distinct vessels had quota debt at any
given point in 2017, with an average of
900 lb. Nine vessels had quota debt at
any given point in 2018 through March
31, with an average of 1,526 lb. 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 were helpful in
facilitating the effective functioning of
the IBQ 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 17 vessels from January 1,
2017 through March 31, 2018). These
trends further support distribution of
quota to Atlantic Tunas Longline vessels
with recent fishing activity in order to
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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 2017 was the baseline
Longline category quota of 148.3 mt
plus the 45-mt transfer that was
effective February 28, 2017, for a total
of 193.3 mt (not including the 25 mt for
the Northeast Distant Gear Restricted
Area). The annual amount of Longline
category quota currently allocated in the
IBQ system for 2018 is the baseline
Longline category quota of 148.3 mt.
NMFS has not made any inseason
transfers to the Longline category thus
far in 2018. As described above, the
amount of quota in the Reserve category
following this action’s reallocation from
the Purse Seine category is 153 mt. As
described in the Quota Transfer section
above, a small portion of the overall
commercial BFT quota has been used in
2018 to date, consistent with the
amount of quota used in the early
months of previous years. 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.
This would include the four Atlantic
Tunas Longline vessels with recent
fishing activity that are not associated
with IBQ shares, as well as the 85 IBQ
share recipients with recent fishing
activity (representing 63 percent of all
IBQ share recipients). For comparison, if
the 44.5 mt were distributed to all
qualified IBQ share recipients, each
would receive 721 lb (0.33 mt) rather
than 1,102 lb (0.5 mt) to each of the 89
vessels with recent fishing activity.
Some inactive share recipients
participate in the IBQ Program through
leasing out quota; however, a majority of
inactive share recipients (36 of 51) did
not lease out quota in the period
analyzed. After considering this
information, NMFS has decided to
distribute the 44.5 mt of quota
transferred from the Reserve to the
Atlantic Tunas Longline vessels with
recent fishing activity.
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
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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, 2018, 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).
NMFS anticipates that it will
announce additional BFT quota
adjustments during 2018 for all quota
categories, to provide reasonable fishing
opportunities throughout the year. An
ICCAT recommendation adopted at the
annual meeting in November 2017 for
western Atlantic BFT management
would result in an increase to the
baseline U.S. BFT quota (i.e., from
1,058.79 mt to 1,247.86 mt) and
subquotas for 2018, and NMFS will
undertake domestic implementation of
that recommendation through
rulemaking in the near future. NMFS
also anticipates that some underharvest
of the 2017 adjusted U.S. BFT quota will
be carried forward to 2018 and placed
in the Reserve category, in accordance
with the regulations, also in mid-2018
(when complete 2017 catch information
is available and finalized). 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.
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.
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Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations
amozie on DSK30RV082PROD with RULES
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 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, 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).
NMFS has determined that
adjustments to the Reserve and Longline
category BFT quotas are warranted. This
transfer is consistent with the current
quotas, which were established and
analyzed in the Atlantic BFT quota final
rule (80 FR 52198, August 28, 2015),
and with objectives of the 2006
Consolidated HMS FMP and
amendments. The adjusted Longline
category quota of 192.8 mt remains
within the ICCAT quota. The revised
Longline category quota supports 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. Transferring quota relatively
early in 2018 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 transfer of 44.5 mt of
quota from the Reserve category to the
Longline category needs to happen early
in the year to facilitate effective leasing
and more certainty in operational
VerDate Sep<11>2014
16:24 Apr 17, 2018
Jkt 244001
decisions. NMFS only recently received
updated data from the 2017 fishery, as
it recently closed, and from the first
couple of months of the 2018 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. In
addition, the first quarter of 2018 has
ended, and some vessels that have gone
into debt or have a low balance (below
the minimum amount of allocation
needed to fish) are not able to fish, as
of April 1, until they account for quota
debt and obtain the minimum amount of
allocation needed to fish with pelagic
longline gear. Without this inseason
quota transfer, permit holders may be
unnecessarily conservative in a way that
does not optimize fishing opportunities
nor encourage the appropriate
functioning of the IBQ leasing program,
which is contrary to the public interest.
As explained earlier, NMFS conducted
notice-and-comment rulemaking on the
underlying regulations that set forth the
criteria used for this action, and
therefore notice-and-comment
rulemaking is not necessary for this
inseason 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), 635.15(f), 635.27(a)(4) and
(a)(7), 635.27(a)(8) and (9), and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: April 13, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–08125 Filed 4–13–18; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XG158
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; 2018 and 2019
Harvest Specifications for Groundfish;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; correction.
AGENCY:
NMFS is correcting the final
2018 and 2019 harvest specifications for
groundfish in the Bering Sea and
Aleutian Islands management area
(BSAI). The amounts of Atka mackerel
specified for the Amendment 80 sector
in the Central Aleutian District (CAI)
and the Western Aleutian District (WAI)
were incorrect.
DATES: Effective April 18, 2018, through
2400 hours, Alaska local time (A.l.t)
December 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Need for Correction
NMFS published the final 2018 and
2019 BSAI groundfish harvest
specifications on February 27, 2018 (83
FR 8365). The document contains
incorrect amounts of Atka mackerel
specified for the Amendment 80 sector
in the CAI and the WAI. These
corrections are necessary to provide the
correct information about the amount of
Atka mackerel allocated to the
Amendment 80 sector in these districts,
and to avoid confusion by the fishery
participants.
Correction
In the Federal Register of February
27, 2018 (83 FR 8365) the Amendment
80 sector allocation in the CAI for 2018
and 2019 did not account for the 75
metric ton incidental catch allowance
(ICA), and the Amendment 80 sector
allocation in the WAI for 2018 and 2019
did not account for the 20 metric ton
ICA. Therefore, Table 6 and Table 7 of
the final 2018 and 2019 BSAI
groundfish harvest specifications are
republished as follows:
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]]>Agencies
[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Rules and Regulations]
[Pages 17110-17114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08125]
=======================================================================
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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-XG140
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.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) Purse Seine
and Reserve category quotas for 2018, as it has done annually since
2015. NMFS also is transferring 44.5 metric tons (mt) of BFT quota from
the Reserve category
[[Page 17111]]
to the Longline category after considering the applicable regulatory
determination criteria. NMFS has decided that the quota transferred 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, each associated IBQ account will receive 1,102 lb
(0.5 mt) of IBQ.
DATES: Effective April 13, 2018, through December 31, 2018.
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 established 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). For 2018 to date, NMFS has made the following inseason quota
transfers: 14.3 mt from the General category December 2018 subquota
period to the January 2018 subquota period (82 FR 60680, December 22,
2017) and 10 mt from the Reserve category to the General category (83
FR 9232, March 5, 2018), resulting in an adjusted 2018 Reserve category
quota of 14.8 mt.
Pursuant to Sec. 635.27(a)(4), NMFS has determined the amount of
quota available to the Atlantic Tunas Purse Seine category participants
in 2018, based on their BFT catch (landings and dead discards) in 2017.
In accordance with the regulations, NMFS makes available to each Purse
Seine category participant either 100 percent, 75 percent, 50 percent,
or 25 percent of the individual baseline quota allocations based on the
previous year's catch, as described in Sec. 635.27(a)(4)(ii), and
reallocates the remainder to the Reserve category. NMFS has calculated
the amounts of quota available to the Purse Seine category participants
for 2018 based on their individual catch levels in 2017 and the
codified process adopted in Amendment 7. NMFS did not open the Purse
Seine fishery in 2017 because there were no purse seine vessels
permitted to fish for BFT and thus on catch in 2017. As a result, each
Purse Seine category participant will receive 25 percent of the
individual baseline quota amount, which is the required distribution
even with no fishing activity under the current regulations. The
individual baseline amount is 36.9 mt (184.3 mt divided by five Purse
Seine category participants), 25 percent of which is 9.2 mt. Consistent
with Sec. 635.27(a)(4)(v)(C), NMFS will notify Atlantic Tunas Purse
Seine category 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.
By summing the individual available allocations, NMFS has
determined that 46.1 mt are available to the Purse Seine category for
2018. 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 an adjusted 2018 Reserve category quota of 153
mt (14.8 mt + 138.2 mt), before any further transfers to other
categories.
Quota Transfer
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).
NMFS has considered all of these criteria, and discuss specific
consideration of the criteria relevant for the quota transfer below.
NMFS considered the catches of the Longline category quota to date
and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(8)(ii)). As of March 31, the
Longline category has landed about 28.2 mt (19 percent) of its 148.3-mt
baseline quota. Thus, this is not a situation in which NMFS is
transferring quota to avoid the need for closure of the whole Longline
category. However, as discussed in more detail in the next section, the
additional quota will be distributed to active vessels in the Longline
category to help vessel owners account for BFT catch while fostering
conditions in which permit holders become more willing to lease IBQ to
other vessels through the IBQ system.
Longline vessels must use IBQ to account for their incidental BFT
landings and dead discards while fishing for swordfish and yellowfin
tuna. In 2018, NMFS modified HMS regulations to require vessels in the
pelagic longline fishery to account for bycatch of BFT using IBQ on a
quarterly basis instead of on a trip-level basis (82 FR 61489, December
28, 2017). If a vessel has insufficient IBQ to account for such
landings and dead discards within a quarter, it goes into ``quota
debt.''
For the first fishing trip in a calendar year quarter, as defined
at Sec. 635.15(b)(3), a 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). Without the quota
transfer, active vessels may have difficulty accounting for their BFT
catch within a quarter. Transferring 44.5 mt of quota from the Reserve
category would provide limited additional opportunities to harvest
available swordfish and yellowfin tuna without exceeding the BFT quota
available to account for incidental BFT catch during those operations.
Regarding the projected ability of the vessels fishing under the
particular category quota (here, the Longline category) to harvest the
additional amount of BFT before the end of the fishing year (Sec.
635.27(a)(8)(iii)), NMFS cannot predict if all of the 44.5 mt of quota
will be used by December 31, given the highly variable nature (i.e.,
temporally and spatially) of incidental BFT catch.
[[Page 17112]]
NMFS anticipates, however, that the amount of quota transferred is an
amount sufficient to facilitate vessel trips within the next quarters
and encourage leasing by other permit holders, without limiting NMFS'
ability to meet other needs with the Reserve quota for the remainder of
the year.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the fishery might be exceeded (Sec.
635.27(a)(8)(iv)) and the ability to account for all 2018 landings and
dead discards. A small portion of the overall commercial BFT quota has
been used in 2018 to date, consistent with the amount of quota used in
the early months of previous years. NMFS will need to account for all
2018 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 transfer is consistent with the current quotas, which were
established and analyzed in the Atlantic BFT quota final rule (80 FR
52198, August 28, 2015), and with objectives of the 2006 Consolidated
HMS FMP and amendments (Sec. 635.27(a)(8)(v) and (vi)). The adjusted
Longline category quota of 192.8 mt remains within the ICCAT quota. The
revised Longline category quota supports 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.
Regarding ``optimizing fishing opportunity'' (Sec.
635.27(a)(8)(x)), the ability of pelagic longline vessel owners to
account for BFT with allocated quota or to lease IBQ at an affordable
price is key to the success of the IBQ Program and thus to optimize
fishing opportunity. An inseason transfer of quota to the Longline
category would optimize fishing opportunity, contribute to full
accounting for landings and dead discards, and reduce uncertainty in
the fishery as a whole. Quota transferred from the Reserve category and
distributed directly to active vessels should reduce 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. Detailed information is discussed below
showing that without this transfer of quota, some otherwise active
vessels will be unable to fish because of quota debt or low balance
(below the minimum amount of allocation needed to fish) at the start of
the second quarter. The quota transfer 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
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 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 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 relatively early in 2018 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. In addition, the
first quarter of 2018 recently ended and any vessels that have gone
into debt will not be able to fish beginning April 1 until they account
for quota debt and obtain the minimum amount of allocation needed to
fish with pelagic longline gear. 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 44.5 mt of
the adjusted Reserve category quota to the Longline category. As a
result of this quota transfer, the adjusted 2018 Reserve category quota
is 108.5 mt (153 mt - 44.5 mt), and the adjusted 2018 Longline category
quota is 192.8 mt.
Distribution of Transferred Quota Within the Longline Category
After transferring additional BFT quota inseason to the Longline
category, NMFS may then distribute the quota 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. This decision may 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 (Sec.
635.15(b)(9)). Discussion of the relevant information and justification
for how NMFS is distributing the transferred quota in this action
follows.
One hundred thirty-six IBQ share recipients were designated under
Amendment 7, and the baseline Longline category quota is distributed to
those share recipients at the beginning of the year, regardless of
their fishing activity. Other permitted Longline vessels may also fish
but do not automatically receive annual IBQ allocation from shares.
NMFS has examined the logbook, Vessel Monitoring System (VMS), dealer,
and electronic monitoring data for 2017 and for 2018 as of March 31,
and has determined that 89 vessels have recent fishing activity and
that, of those, 85 were IBQ share recipients. Any vessel activity in
the pelagic longline fishery during this date range is sufficient to
qualify as ``recent fishing activity'' (Sec. 635.15(b)(9)).
Preliminary data indicate that, in 2017, 58 Atlantic Tunas Longline
vessels landed a total of 494 BFT (226,738 lb) and 93 BFT were
discarded dead. Data from the IBQ system indicate that in 2018 through
March 31, 25 Atlantic Tunas Longline vessels landed a total of 122 BFT
(59,134 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 2017 (and early 2018). The vessels
[[Page 17113]]
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 2018. Distributing only to active
vessels provides a focused, more efficient distribution of quota to
those that need it and will help reduce uncertainty and facilitate
better business decisions and a more effective leasing program for the
remainder of the year. NMFS notes 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.
There were 118 IBQ lease transactions in the relevant time period
analyzed (85 in 2017; 33 in 2018 through March 31), with 55 distinct
share recipients leasing. A total of 200,823 lb were leased (156,148 lb
in 2017; 44,675 lb in 2018 through March 31). Seventeen IBQ lessors did
not have recent fishing activity. Overall, the average amount of IBQ
leased was 1,837 lb in 2017 with an average lease price of $1.67 per
pound, and 1,354 lb in 2018 through March 31 with an average lease
price of $2.84 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 IBQ. Data
indicate that the ex-vessel price of BFT from pelagic longline vessels
ranged from $0.01 to $35 per pound, with an average of $4.95 per pound.
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. Fifteen distinct vessels had quota debt at any given
point in 2017, with an average of 900 lb. Nine vessels had quota debt
at any given point in 2018 through March 31, with an average of 1,526
lb. 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 were helpful in
facilitating the effective functioning of the IBQ 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 17 vessels from January 1, 2017 through
March 31, 2018). 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 2017 was the baseline Longline category quota of 148.3 mt
plus the 45-mt transfer that was effective February 28, 2017, for a
total of 193.3 mt (not including the 25 mt for the Northeast Distant
Gear Restricted Area). The annual amount of Longline category quota
currently allocated in the IBQ system for 2018 is the baseline Longline
category quota of 148.3 mt. NMFS has not made any inseason transfers to
the Longline category thus far in 2018. As described above, the amount
of quota in the Reserve category following this action's reallocation
from the Purse Seine category is 153 mt. As described in the Quota
Transfer section above, a small portion of the overall commercial BFT
quota has been used in 2018 to date, consistent with the amount of
quota used in the early months of previous years. 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. This
would include the four Atlantic Tunas Longline vessels with recent
fishing activity that are not associated with IBQ shares, as well as
the 85 IBQ share recipients with recent fishing activity (representing
63 percent of all IBQ share recipients). For comparison, if the 44.5 mt
were distributed to all qualified IBQ share recipients, each would
receive 721 lb (0.33 mt) rather than 1,102 lb (0.5 mt) to each of the
89 vessels with recent fishing activity. Some inactive share recipients
participate in the IBQ Program through leasing out quota; however, a
majority of inactive share recipients (36 of 51) did not lease out
quota in the period analyzed. After considering this information, NMFS
has decided to distribute the 44.5 mt of quota transferred from the
Reserve to the Atlantic Tunas Longline vessels with recent fishing
activity.
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, 2018, 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).
NMFS anticipates that it will announce additional BFT quota
adjustments during 2018 for all quota categories, to provide reasonable
fishing opportunities throughout the year. An ICCAT recommendation
adopted at the annual meeting in November 2017 for western Atlantic BFT
management would result in an increase to the baseline U.S. BFT quota
(i.e., from 1,058.79 mt to 1,247.86 mt) and subquotas for 2018, and
NMFS will undertake domestic implementation of that recommendation
through rulemaking in the near future. NMFS also anticipates that some
underharvest of the 2017 adjusted U.S. BFT quota will be carried
forward to 2018 and placed in the Reserve category, in accordance with
the regulations, also in mid-2018 (when complete 2017 catch information
is available and finalized). 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.
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.
[[Page 17114]]
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 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, 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).
NMFS has determined that adjustments to the Reserve and Longline
category BFT quotas are warranted. This transfer is consistent with the
current quotas, which were established and analyzed in the Atlantic BFT
quota final rule (80 FR 52198, August 28, 2015), and with objectives of
the 2006 Consolidated HMS FMP and amendments. The adjusted Longline
category quota of 192.8 mt remains within the ICCAT quota. The revised
Longline category quota supports 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. Transferring quota relatively early in 2018 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 transfer of 44.5 mt
of quota from the Reserve category to the Longline category needs to
happen early in the year to facilitate effective leasing and more
certainty in operational decisions. NMFS only recently received updated
data from the 2017 fishery, as it recently closed, and from the first
couple of months of the 2018 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. In addition, the first quarter of 2018 has
ended, and some vessels that have gone into debt or have a low balance
(below the minimum amount of allocation needed to fish) are not able to
fish, as of April 1, until they account for quota debt and obtain the
minimum amount of allocation needed to fish with pelagic longline gear.
Without this inseason quota transfer, permit holders may be
unnecessarily conservative in a way that does not optimize fishing
opportunities nor encourage the appropriate functioning of the IBQ
leasing program, which is contrary to the public interest. As explained
earlier, NMFS conducted notice-and-comment rulemaking on the underlying
regulations that set forth the criteria used for this action, and
therefore notice-and-comment rulemaking is not necessary for this
inseason 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), 635.15(f),
635.27(a)(4) and (a)(7), 635.27(a)(8) and (9), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: April 13, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-08125 Filed 4-13-18; 4:15 pm]
BILLING CODE 3510-22-P
