Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 18230-18233 [2018-08783]
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Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations
public that safety zone two is being
enforced.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within these safety zones is
prohibited unless authorized by the
Captain of the Port Lake Michigan or a
designated on-scene representative.
(2) These safety zones are closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or a designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port
Lake Michigan to act on his or her
behalf.
(4) Vessel operators desiring to enter
or operate within the safety zones shall
contact the Captain of the Port Lake
Michigan or an on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or an
on-scene representative may be
contacted via VHF Channel 16 or
alternatively they may contact the
Captain of the Port Lake Michigan via
landline at 414–717–7182. Vessel
operators given permission to enter or
operate in the safety zones must comply
with all directions given to them by the
Captain of the Port Lake Michigan, or an
on-scene representative.
Dated: April 11, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2018–08794 Filed 4–25–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XG163
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
Angling category retention limit
adjustment.
NMFS has determined that
the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels
permitted in the Highly Migratory
Species (HMS) Angling category and the
HMS Charter/Headboat category (when
fishing recreationally for BFT) should be
adjusted for the remainder of 2018,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments. NMFS is
adjusting the Angling category BFT
daily retention limit from the default of
one school, large school, or small
medium BFT to two school BFT and one
large school/small medium BFT per
vessel per day/trip for private vessels
with HMS Angling category permits;
and to three school BFT and one large
school/small medium BFT per vessel
per day/trip for vessels with HMS
Charter/Headboat permits when fishing
recreationally. These retention limits are
effective in all areas, except for the Gulf
of Mexico, where NMFS prohibits
targeted fishing for BFT.
DATES: Effective April 26, 2018, through
December 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
(978) 281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006) and amendments, and in
accordance with implementing
SUMMARY:
regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
As a method for limiting fishing
mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the
annual harvest of BFT measuring less
than 115 centimeters (cm) (45.3 inches)
(straight fork length) to no more than 10
percent by weight of a Contracting
Party’s total BFT quota. Any overharvest
of such tolerance limit from one year
must be subtracted from the tolerance
limit applicable in the next year or the
year after that. The United States
implements this provision by limiting
the harvest of school BFT (measuring 27
to less than 47 inches curved fork
length) as appropriate to not exceed the
10-percent limit.
The currently codified baseline U.S.
quota is 1,058.9 metric tons (mt) (not
including the 25 mt ICCAT allocated to
the United States to account for bycatch
of BFT in pelagic longline fisheries in
the Northeast Distant Gear Restricted
Area). See § 635.27(a). The currently
codified Angling category quota is 195.2
mt (108.4 mt for school BFT, 82.3 mt for
large school/small medium BFT, and 4.5
mt for large medium/giant BFT).
The 2018 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
quota, began January 1, 2018. The
Angling category season opened January
1, 2018, and continues through
December 31, 2018. The size classes of
BFT are summarized in Table 1. Please
note that large school and small
medium BFT traditionally have been
managed as one size class, as described
below, i.e., a limit of one large school/
small medium BFT (measuring 47 to
less than 73 inches). Currently, the
default Angling category daily retention
limit of one school, large school, or
small medium BFT applies
(§ 635.23(b)(2)). This retention limit
applies to HMS Angling and to HMS
Charter/Headboat category permitted
vessels (when fishing recreationally for
BFT).
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TABLE 1—BFT SIZE CLASSES
Size class
Curved fork length
School .......................................................................................................
Large school .............................................................................................
Small medium ...........................................................................................
Large medium ...........................................................................................
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47
59
73
to
to
to
to
less
less
less
less
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than
than
than
than
47
59
73
81
inches
inches
inches
inches
(68.5 to less than 119 cm).
(119 to less than 150 cm).
(150 to less than 185 cm).
(185 to less than 206 cm).
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18231
TABLE 1—BFT SIZE CLASSES—Continued
Size class
Curved fork length
Giant .........................................................................................................
Table 2 summarizes the recreational
quota, subquotas, landings, and
81 inches or greater (206 cm or greater).
retention limit information for 2016 and
2017, by size class.
TABLE 2—ANGLING CATEGORY QUOTAS (mt), ESTIMATED LANDINGS (mt), AND DAILY RETENTION LIMITS, 2016–2017
2016
Size class
Subquotas
and total quota
(mt)
2017
Amount of
subquotas and
total quota
used
(percent)
Landings
(mt)
Subquotas
and total quota
(mt)
Landings
(mt)
Amount of
subquotas and
total quota
used
(percent)
School ......................................................
Large School/Small Medium ....................
Trophy: Large Medium/Giant ...................
108.4
82.3
4.5
40.3
96.8
5.9
37
118
131
108.4
82.3
4.5
47.1
84.5
10.2
43
103
227
Total ..................................................
195.2
143
73
195.2
141.8
73
Daily Retention Limits (per Vessel) .........
January 1 through April 22: 1 school, large
school, or small medium (default).
April 23 through December 31 (81 FR 23438,
April 21, 2016):
Private boats: 1 school and 1 large school/small
medium.
Charter/Headboats: 2 school and 1 large school/
small medium.
Although the 2017 ICCAT
recommendation regarding western 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 (including an
expected increase in Angling category
quota from 195.2 mt to 232.4 mt,
consistent with the annual BFT quota
calculation process established in
§ 635.27(a)), domestic implementation
of that recommendation will take place
in a separate rulemaking, likely to be
finalized in mid-2018.
rmajette on DSKBCKNHB2PROD with RULES
Adjustment of Angling Category Daily
Retention Limit
Under § 635.23(b)(3), NMFS may
increase or decrease the Angling
category retention limit for any size
class of BFT after considering regulatory
determination criteria provided under
§ 635.27(a)(8). Recreational retention
limits may be adjusted separately for
specific vessel type, such as private
vessels, headboats, or charter vessels.
NMFS has considered all of the
relevant determination criteria and their
applicability to the change in the
Angling category retention limit. The
criteria and their application are
discussed below.
NMFS considered the usefulness of
information obtained from catches in
the particular category for biological
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January 1 through April 29: 1 school, large
school, or small medium (default).
April 30 through December 31 (82 FR 19615,
April 28, 2017):
Private boats: 2 school and 1 large school/small
medium.
Charter/Headboats: 3 school and 1 large school/
small medium.
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)). Biological
samples collected from BFT landed by
recreational fishermen continue to
provide NMFS with valuable parts and
data for ongoing scientific studies of
BFT age and growth, migration, and
reproductive status. Additional
opportunity to land BFT would support
the collection of a broad range of data
for these studies and for stock
monitoring purposes.
NMFS considered the catches of the
Angling category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made
(§ 635.27(a)(8)(ii)). NMFS anticipates
that the full 2018 Angling category
quota would not be harvested under the
default retention limit. As shown in
Table 2, Angling category landings were
approximately 73 percent of the 184.3mt annual Angling category quota in
both 2016 and 2017, respectively
including landings of 37 and 43 percent,
respectively, of the available school BFT
quota.
NMFS also considered the effects of
the adjustment on bluefin tuna
rebuilding and overfishing and the
effects of the adjustment on
accomplishing the objectives of the FMP
(§ 635.27(a)(8)(v) and (vi)). These
retention limits would be consistent
with the quotas established and
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analyzed in the bluefin tuna quota final
rule (80 FR 52198, August 28, 2015),
and with objectives of the 2006
Consolidated HMS FMP and
amendments, and is not expected to
negatively impact stock health or to
affect the stock in ways not already
analyzed in those documents. It is also
important that 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 latest stock assessment.
Another principal consideration in
setting the retention limit is the
objective of providing opportunities to
harvest the full Angling category quota
without exceeding it based on the goals
of the 2006 Consolidated HMS FMP and
amendments, including to achieve
optimum yield on a continuing basis
and to optimize the ability of all permit
categories to harvest their full BFT
quota allocations (related to
§ 635.27(a)(8)(x)).
The 2017 school bluefin tuna landings
represent 4 percent of the total U.S.
quota for 2017, well under the ICCAT
recommended 10-percent limit.
Landings of school bluefin tuna in 2015
represented 3.7 percent of the total U.S.
quota for 2016. Given that the Angling
category landings fell short of the
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Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations
available quota, that additional quota is
anticipated to be available this year as
a result of the 2017 ICCAT
recommendation, and considering the
regulatory criteria above, NMFS has
determined that the Angling category
retention limit applicable to participants
on HMS Angling and HMS Charter/
Headboat category permitted vessels
should be adjusted upwards from the
default level. NMFS has also concluded
that implementation of separate limits
for private and charter/headboat vessels
remains appropriate, recognizing the
different nature, socio-economic needs,
and recent landings results of the two
components of the recreational BFT
fishery. For example, charter operators
historically have indicated that a multifish retention limit is vital to their
ability to attract customers. In addition,
Large Pelagics Survey estimates indicate
that charter/headboat BFT landings
averaged 32 percent of recent
recreational landings for 2016 through
2017, with the remaining 68 percent
landed by private vessels.
Therefore, for private vessels with
HMS Angling category permits, this
action adjusts the limit upwards to two
school BFT and one large school/small
medium BFT per vessel per day/trip
(i.e., two BFT measuring 27 to less than
47 inches, and one BFT measuring 47 to
less than 73 inches). For vessels with
HMS Charter/Headboat permits, this
action adjusts the limit upwards to three
school BFT and one large school/small
medium BFT per vessel per day/trip
when fishing recreationally for BFT (i.e.,
three BFT measuring 27 to less than 47
inches, and one BFT measuring 47 to
less than 73 inches). These retention
limits are effective in all areas, except
for the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example, whether a
private vessel (fishing under the
Angling category retention limit) takes a
two-day trip or makes two trips in one
day, the day/trip limit of two school
BFT and one large school/small medium
BFT applies and may not be exceeded
upon landing.
NMFS anticipates that the BFT daily
retention limits in this action will result
in landings during 2018 that would not
exceed the available subquotas. Lower
retention limits could result in
substantial underharvest of the codified
Angling category subquota, and
increasing the daily limits further may
risk exceeding the available quota,
contrary to the objectives of the 2006
Consolidated HMS FMP and
amendments. NMFS considered input
on 2018 recreational limits from the
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HMS Advisory Panel at its March 2018
meeting. NMFS is not setting higher
school BFT limit for private and charter
vessels than the adjustments listed in
Table 1 due to the potential risk of
exceeding the ICCAT tolerance limit on
school BFT and other considerations,
such as potential effort shifts to BFT
fishing as a result of current recreational
retention limits for New England
groundfish and striped bass.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries closely through the
mandatory landings and catch reports.
HMS Charter/Headboat and Angling
category vessel owners are required to
report the catch of all BFT retained or
discarded dead, within 24 hours of the
landing(s) or end of each trip, by
accessing hmspermits.noaa.gov, using
the HMS Catch Reporting App, or
calling (888) 872–8862 (Monday
through Friday from 8 a.m. until 4:30
p.m.). Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional retention
limit adjustments or closures are
necessary to ensure available quota is
not exceeded or to enhance scientific
data collection from, and fishing
opportunities in, all geographic areas. 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.
HMS Angling and HMS Charter/
Headboat category permit holders may
catch and release (or tag and release)
BFT of all sizes, subject to the
requirements of the catch-and-release
and tag-and-release programs at
§ 635.26. Anglers are also reminded that
all BFT that are released must be
handled in a manner that will maximize
survival, and without removing the fish
from the water, consistent with
requirements at § 635.21(a)(1). For
additional information on safe handling,
see the ‘‘Careful Catch and Release’’
brochure available at https://
www.fisheries.noaa.gov/resource/
outreach-and-education/careful-catchand-release-brochure.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
2006 Consolidated HMS FMP and
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amendments provide for inseason
retention limit adjustments to respond
to the unpredictable nature of BFT
availability on the fishing grounds, the
migratory nature of this species, and the
regional variations in the BFT fishery.
Affording prior notice and opportunity
for public comment to implement the
daily retention limit for the remainder
of 2018 at this time is impracticable.
Based on available BFT quotas, fishery
performance in recent years, and the
availability of BFT on the fishing
grounds, immediate adjustment to the
Angling category BFT daily retention
limit from the default levels is
warranted to allow fishermen to take
advantage of the availability of fish and
of quota. NMFS could not have
proposed these actions earlier, as it
needed to consider and respond to
updated data and information from the
2017 Angling category fishery as well as
input from the HMS Advisory Panel. If
NMFS was to offer a public comment
period now, after having appropriately
considered that data, it would preclude
fishermen from harvesting BFT that are
legally available consistent with all of
the regulatory criteria, and/or could
result in selection of a retention limit
inappropriately high or low for the
amount of quota available for the
period.
Fisheries under the Angling category
daily retention limit are currently
underway and thus prior notice would
be contrary to the public interest. Delays
in increasing daily recreational BFT
retention limit would adversely affect
those HMS Angling and Charter/
Headboat category vessels that would
otherwise have an opportunity to
harvest more than the default retention
limit of one school, large school, or
small medium BFT per day/trip and
may exacerbate the problem of low
catch rates and quota rollovers. Analysis
of available data shows that adjustment
to the BFT daily retention limit from the
default level would result in minimal
risks of exceeding the ICCAT-allocated
quota. NMFS provides notification of
retention limit adjustments by
publishing the notice in the Federal
Register, emailing individuals who have
subscribed to the Atlantic HMS News
electronic newsletter, and updating the
information posted on the Atlantic
Tunas Information Line and on
hmspermits.noaa.gov. Therefore, the AA
finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment. For
these reasons, there also is good cause
under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness.
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Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations
This action is being taken under
§ 635.23(b)(3), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: April 23, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries. National Marine Fisheries Service.
[FR Doc. 2018–08783 Filed 4–23–18; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
for use in developing annual
management measures beginning in
2018. These new management measures
replace existing measures, which have
been in place since 2012, with updated
salmon abundance modeling methods
that utilize the best available science
and address concerns that the existing
measures were overly conservative.
DATES: This final rule is effective April
25, 2018.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at (206) 526–4323.
SUPPLEMENTARY INFORMATION:
Background
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 171031999–8355–02]
RIN 0648–BH40
Fisheries Off West Coast States; West
Coast Salmon Fisheries; Management
Measures To Limit Fishery Impacts on
Sacramento River Winter-Run Chinook
Salmon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues a final rule to
approve new fishery management
measures to limit incidental catch of
endangered Sacramento River winterrun Chinook salmon (SRWC) in fisheries
managed under the Pacific Fishery
Management Council’s (Council) Pacific
Salmon Fishery Management Plan
(FMP), as recommended by the Council
SUMMARY:
Ocean salmon fisheries off the coasts
of Washington, Oregon, and California
are managed by the Council and NMFS
according to the FMP. The FMP
includes harvest controls that are used
to manage salmon stocks sustainably.
The FMP also requires that the Council
manage fisheries consistent with
‘‘consultation standards’’ for stocks
listed as endangered or threatened
under the Endangered Species Act
(ESA) for which NMFS has issued
biological opinions. At its November
2017 meeting, the Council adopted a
preferred alternative for new
management measures to limit fishery
impacts to endangered SRWC, including
a harvest control rule, to replace
measures that have been in place since
2012. The Council developed these new
management measures over a two-year
period that included discussion at
several public meetings, which
provided opportunity for public
comment. These new management
measures include updated salmon
abundance modeling methods that
utilize the best available science and
address concerns that the existing
measures were overly conservative. The
Council transmitted their
recommendation to NMFS on December
6, 2017. NMFS published a proposed
rule on February 22, 2018 (83 FR 7650)
and accepted comments through March
9, 2018. The rationale for and effects of
the rule are described in more detail in
the proposed rule.
The management measures approved
in this final rule are unchanged from the
proposed rule and consist of two parts.
Part one is the continued use of season
and size restrictions that were included
in the 2012 management measures (see
Table 1, below). Part two is a harvest
control rule, recommended by the
Council, which uses juvenile survival
(i.e., fry to the end of age-two in the
ocean) to model a forecast of age-three
escapement absent fishing (escapement).
The model used is a modification of the
approach described in Winship et al.
(2014) and is detailed in O’Farrell et al.
(2016). The harvest control rule uses a
forward-looking forecast rather than the
previously used hind-cast methodology.
The new harvest control rule sets the
maximum allowable age-three impact
rate based on the forecast escapement.
At escapement above 3,000, the
allowable impact rate is fixed at 20
percent. At escapement between 3,000
and 500, the allowable impact rate
declines linearly from 20 percent to 10
percent. At escapement between 500
and 0, the allowable impact rate
declines linearly from 10 percent to 0
percent, thus providing fishing
opportunity at all levels of SRWC
abundance. See Figure 1.
TABLE 1—FISHING SEASON AND SIZE RESTRICTIONS FOR OCEAN CHINOOK SALMON FISHERIES,
SOUTH OF POINT ARENA, CALIFORNIA
Fishery
Location
Shall open no earlier than
Shall close no later than
Recreational ..........
Between Point Arena and Pigeon Point ..............................
Between Pigeon Point and the U.S./Mexico border ............
Between Point Arena and the U.S./Mexico border † ...........
1st Saturday in April .............
1st Saturday in April .............
May 1 ....................................
2nd Sunday in November .....
1st Sunday in October.
September 30 † ....................
Commercial ...........
Minimum
size limit
(total length 1)
shall be
20 inches.
26 inches.
rmajette on DSKBCKNHB2PROD with RULES
† Exception: Between Point Reyes and Point San Pedro, there may be an October commercial fishery conducted Monday through Friday, but shall end no later
than October 15.
1 Total length of salmon means the shortest distance between the tip of the snout or jaw (whichever extends furthest while the mouth is closed) and the tip of the
longest lobe of the tail, without resort to any force or mutilation of the salmon other than fanning or swinging the tail (50 CFR 660.402).
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]]>Agencies
[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Rules and Regulations]
[Pages 18230-18233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08783]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XG163
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason Angling category retention limit
adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels permitted in the Highly
Migratory Species (HMS) Angling category and the HMS Charter/Headboat
category (when fishing recreationally for BFT) should be adjusted for
the remainder of 2018, based on consideration of the regulatory
determination criteria regarding inseason adjustments. NMFS is
adjusting the Angling category BFT daily retention limit from the
default of one school, large school, or small medium BFT to two school
BFT and one large school/small medium BFT per vessel per day/trip for
private vessels with HMS Angling category permits; and to three school
BFT and one large school/small medium BFT per vessel per day/trip for
vessels with HMS Charter/Headboat permits when fishing recreationally.
These retention limits are effective in all areas, except for the Gulf
of Mexico, where NMFS prohibits targeted fishing for BFT.
DATES: Effective April 26, 2018, through December 31, 2018.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, (978)
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the 2006 Consolidated Highly Migratory
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006) and amendments, and in accordance with
implementing regulations. NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable
opportunity to harvest the ICCAT-recommended quota.
As a method for limiting fishing mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the annual harvest of BFT measuring
less than 115 centimeters (cm) (45.3 inches) (straight fork length) to
no more than 10 percent by weight of a Contracting Party's total BFT
quota. Any overharvest of such tolerance limit from one year must be
subtracted from the tolerance limit applicable in the next year or the
year after that. The United States implements this provision by
limiting the harvest of school BFT (measuring 27 to less than 47 inches
curved fork length) as appropriate to not exceed the 10-percent limit.
The currently codified baseline U.S. quota is 1,058.9 metric tons
(mt) (not including the 25 mt ICCAT allocated to the United States to
account for bycatch of BFT in pelagic longline fisheries in the
Northeast Distant Gear Restricted Area). See Sec. 635.27(a). The
currently codified Angling category quota is 195.2 mt (108.4 mt for
school BFT, 82.3 mt for large school/small medium BFT, and 4.5 mt for
large medium/giant BFT).
The 2018 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2018. The Angling category season opened January 1, 2018, and continues
through December 31, 2018. The size classes of BFT are summarized in
Table 1. Please note that large school and small medium BFT
traditionally have been managed as one size class, as described below,
i.e., a limit of one large school/small medium BFT (measuring 47 to
less than 73 inches). Currently, the default Angling category daily
retention limit of one school, large school, or small medium BFT
applies (Sec. 635.23(b)(2)). This retention limit applies to HMS
Angling and to HMS Charter/Headboat category permitted vessels (when
fishing recreationally for BFT).
Table 1--BFT Size Classes
------------------------------------------------------------------------
Size class Curved fork length
------------------------------------------------------------------------
School................................. 27 to less than 47 inches (68.5
to less than 119 cm).
Large school........................... 47 to less than 59 inches (119
to less than 150 cm).
Small medium........................... 59 to less than 73 inches (150
to less than 185 cm).
Large medium........................... 73 to less than 81 inches (185
to less than 206 cm).
[[Page 18231]]
Giant.................................. 81 inches or greater (206 cm or
greater).
------------------------------------------------------------------------
Table 2 summarizes the recreational quota, subquotas, landings, and
retention limit information for 2016 and 2017, by size class.
Table 2--Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2016-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
2016 2017
-----------------------------------------------------------------------------------------------
Amount of Amount of
Size class Subquotas and subquotas and Subquotas and subquotas and
total quota Landings (mt) total quota total quota Landings (mt) total quota
(mt) used (percent) (mt) used (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
School.................................................. 108.4 40.3 37 108.4 47.1 43
Large School/Small Medium............................... 82.3 96.8 118 82.3 84.5 103
Trophy: Large Medium/Giant.............................. 4.5 5.9 131 4.5 10.2 227
-----------------------------------------------------------------------------------------------
Total............................................... 195.2 143 73 195.2 141.8 73
--------------------------------------------------------------------------------------------------------------------------------------------------------
Daily Retention Limits (per Vessel)..................... January 1 through April 22: 1 school, large
school, or small medium (default).
January 1 through April 29: 1 school, large
school, or small medium (default).
April 23 through December 31 (81 FR 23438,
April 21, 2016):
April 30 through December 31 (82 FR 19615,
April 28, 2017):
Private boats: 1 school and 1 large school/
small medium.
Private boats: 2 school and 1 large school/
small medium.
Charter/Headboats: 2 school and 1 large school/
small medium.
Charter/Headboats: 3 school and 1 large school/
small medium.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Although the 2017 ICCAT recommendation regarding western 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
(including an expected increase in Angling category quota from 195.2 mt
to 232.4 mt, consistent with the annual BFT quota calculation process
established in Sec. 635.27(a)), domestic implementation of that
recommendation will take place in a separate rulemaking, likely to be
finalized in mid-2018.
Adjustment of Angling Category Daily Retention Limit
Under Sec. 635.23(b)(3), NMFS may increase or decrease the Angling
category retention limit for any size class of BFT after considering
regulatory determination criteria provided under Sec. 635.27(a)(8).
Recreational retention limits may be adjusted separately for specific
vessel type, such as private vessels, headboats, or charter vessels.
NMFS has considered all of the relevant determination criteria and
their applicability to the change in the Angling category retention
limit. The criteria and their application are discussed below.
NMFS considered the usefulness of information obtained from catches
in the particular category for biological sampling and monitoring of
the status of the stock (Sec. 635.27(a)(8)(i)). Biological samples
collected from BFT landed by recreational fishermen continue to provide
NMFS with valuable parts and data for ongoing scientific studies of BFT
age and growth, migration, and reproductive status. Additional
opportunity to land BFT would support the collection of a broad range
of data for these studies and for stock monitoring purposes.
NMFS considered the catches of the Angling category quota to date
and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(8)(ii)). NMFS anticipates that the
full 2018 Angling category quota would not be harvested under the
default retention limit. As shown in Table 2, Angling category landings
were approximately 73 percent of the 184.3-mt annual Angling category
quota in both 2016 and 2017, respectively including landings of 37 and
43 percent, respectively, of the available school BFT quota.
NMFS also considered the effects of the adjustment on bluefin tuna
rebuilding and overfishing and the effects of the adjustment on
accomplishing the objectives of the FMP (Sec. 635.27(a)(8)(v) and
(vi)). These retention limits would be consistent with the quotas
established and analyzed in the bluefin tuna quota final rule (80 FR
52198, August 28, 2015), and with objectives of the 2006 Consolidated
HMS FMP and amendments, and is not expected to negatively impact stock
health or to affect the stock in ways not already analyzed in those
documents. It is also important that 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
latest stock assessment.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the full Angling
category quota without exceeding it based on the goals of the 2006
Consolidated HMS FMP and amendments, including to achieve optimum yield
on a continuing basis and to optimize the ability of all permit
categories to harvest their full BFT quota allocations (related to
Sec. 635.27(a)(8)(x)).
The 2017 school bluefin tuna landings represent 4 percent of the
total U.S. quota for 2017, well under the ICCAT recommended 10-percent
limit. Landings of school bluefin tuna in 2015 represented 3.7 percent
of the total U.S. quota for 2016. Given that the Angling category
landings fell short of the
[[Page 18232]]
available quota, that additional quota is anticipated to be available
this year as a result of the 2017 ICCAT recommendation, and considering
the regulatory criteria above, NMFS has determined that the Angling
category retention limit applicable to participants on HMS Angling and
HMS Charter/Headboat category permitted vessels should be adjusted
upwards from the default level. NMFS has also concluded that
implementation of separate limits for private and charter/headboat
vessels remains appropriate, recognizing the different nature, socio-
economic needs, and recent landings results of the two components of
the recreational BFT fishery. For example, charter operators
historically have indicated that a multi-fish retention limit is vital
to their ability to attract customers. In addition, Large Pelagics
Survey estimates indicate that charter/headboat BFT landings averaged
32 percent of recent recreational landings for 2016 through 2017, with
the remaining 68 percent landed by private vessels.
Therefore, for private vessels with HMS Angling category permits,
this action adjusts the limit upwards to two school BFT and one large
school/small medium BFT per vessel per day/trip (i.e., two BFT
measuring 27 to less than 47 inches, and one BFT measuring 47 to less
than 73 inches). For vessels with HMS Charter/Headboat permits, this
action adjusts the limit upwards to three school BFT and one large
school/small medium BFT per vessel per day/trip when fishing
recreationally for BFT (i.e., three BFT measuring 27 to less than 47
inches, and one BFT measuring 47 to less than 73 inches). These
retention limits are effective in all areas, except for the Gulf of
Mexico, where NMFS prohibits targeted fishing for BFT. Regardless of
the duration of a fishing trip, the daily retention limit applies upon
landing. For example, whether a private vessel (fishing under the
Angling category retention limit) takes a two-day trip or makes two
trips in one day, the day/trip limit of two school BFT and one large
school/small medium BFT applies and may not be exceeded upon landing.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2018 that would not exceed the available
subquotas. Lower retention limits could result in substantial
underharvest of the codified Angling category subquota, and increasing
the daily limits further may risk exceeding the available quota,
contrary to the objectives of the 2006 Consolidated HMS FMP and
amendments. NMFS considered input on 2018 recreational limits from the
HMS Advisory Panel at its March 2018 meeting. NMFS is not setting
higher school BFT limit for private and charter vessels than the
adjustments listed in Table 1 due to the potential risk of exceeding
the ICCAT tolerance limit on school BFT and other considerations, such
as potential effort shifts to BFT fishing as a result of current
recreational retention limits for New England groundfish and striped
bass.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely through the
mandatory landings and catch reports. HMS Charter/Headboat and Angling
category vessel owners are required to report the catch of all BFT
retained or discarded dead, within 24 hours of the landing(s) or end of
each trip, by accessing hmspermits.noaa.gov, using the HMS Catch
Reporting App, or calling (888) 872-8862 (Monday through Friday from 8
a.m. until 4:30 p.m.). Depending on the level of fishing effort and
catch rates of BFT, NMFS may determine that additional retention limit
adjustments or closures are necessary to ensure available quota is not
exceeded or to enhance scientific data collection from, and fishing
opportunities in, all geographic areas. 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.
HMS Angling and HMS Charter/Headboat category permit holders may
catch and release (or tag and release) BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs at
Sec. 635.26. Anglers are also reminded that all BFT that are released
must be handled in a manner that will maximize survival, and without
removing the fish from the water, consistent with requirements at Sec.
635.21(a)(1). For additional information on safe handling, see the
``Careful Catch and Release'' brochure available at https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason retention limit adjustments to respond
to the unpredictable nature of BFT availability on the fishing grounds,
the migratory nature of this species, and the regional variations in
the BFT fishery. Affording prior notice and opportunity for public
comment to implement the daily retention limit for the remainder of
2018 at this time is impracticable. Based on available BFT quotas,
fishery performance in recent years, and the availability of BFT on the
fishing grounds, immediate adjustment to the Angling category BFT daily
retention limit from the default levels is warranted to allow fishermen
to take advantage of the availability of fish and of quota. NMFS could
not have proposed these actions earlier, as it needed to consider and
respond to updated data and information from the 2017 Angling category
fishery as well as input from the HMS Advisory Panel. If NMFS was to
offer a public comment period now, after having appropriately
considered that data, it would preclude fishermen from harvesting BFT
that are legally available consistent with all of the regulatory
criteria, and/or could result in selection of a retention limit
inappropriately high or low for the amount of quota available for the
period.
Fisheries under the Angling category daily retention limit are
currently underway and thus prior notice would be contrary to the
public interest. Delays in increasing daily recreational BFT retention
limit would adversely affect those HMS Angling and Charter/Headboat
category vessels that would otherwise have an opportunity to harvest
more than the default retention limit of one school, large school, or
small medium BFT per day/trip and may exacerbate the problem of low
catch rates and quota rollovers. Analysis of available data shows that
adjustment to the BFT daily retention limit from the default level
would result in minimal risks of exceeding the ICCAT-allocated quota.
NMFS provides notification of retention limit adjustments by publishing
the notice in the Federal Register, emailing individuals who have
subscribed to the Atlantic HMS News electronic newsletter, and updating
the information posted on the Atlantic Tunas Information Line and on
hmspermits.noaa.gov. Therefore, the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the opportunity for public comment.
For these reasons, there also is good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
[[Page 18233]]
This action is being taken under Sec. 635.23(b)(3), and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: April 23, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries. National Marine
Fisheries Service.
[FR Doc. 2018-08783 Filed 4-23-18; 4:15 pm]
BILLING CODE 3510-22-P
