Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 21936-21939 [2018-09960]
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Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
New Mexico Ecological Services Field
Office (see FOR FURTHER INFORMATION
CONTACT).
Required Determinations
National Environmental Policy Act
We determined we do not need to
prepare an environmental assessment or
an environmental impact statement, as
defined under the authority of the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), 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).
References Cited
A complete list of all references cited
in this rule is available on the internet
at https://www.regulations.gov under
Docket No. FWS–R2–ES–2016–0137, or
upon request from the Field Supervisor,
Scientific name
Authors
The primary author of this rule is the
New Mexico Ecological Services Field
Office Southwest Regional Office in
Albuquerque, New Mexico, in
coordination with the Southwest
Regional Office in Albuquerque, New
Mexico (see FOR FURTHER INFORMATION
CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
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; 4201–4245, unless otherwise noted.
2. Amend § 17.12(h) by revising the
entry for ‘‘Echinocereus fendleri var.
kuenzleri’’ under FLOWERING PLANTS
in the List of Endangered and
Threatened Plants to read as follows:
■
§ 17.12
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
*
Common name
Where listed
*
Kuenzler hedgehog cactus .......
*
*
Wherever found ........................
Endangered and threatened plants.
*
*
(h) * * *
*
*
Listing citations and applicable
rules
Status
FLOWERING PLANTS
*
Echinocereus fendleri var.
kuenzleri.
*
*
*
*
Dated: May 1, 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. 2018–10034 Filed 5–10–18; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XG216
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category retention limit
adjustment.
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AGENCY:
NMFS is adjusting the
Atlantic bluefin tuna (BFT) General
category daily retention limit from the
SUMMARY:
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44 FR 61924, 10/26/1979; 83
FR [Insert Federal Register
page where the document
begins], 5/11/2018.
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default limit of one large medium or
giant BFT to three large medium or giant
BFT for June 1 through August 31, 2018.
This action is based on consideration of
the regulatory determination criteria
regarding inseason adjustments and
applies to Atlantic Tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
DATES: Effective June 1, 2018, through
August 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
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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) 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.
The current baseline U.S. quota is
1,058.9 mt (not including the 25 mt
ICCAT allocated to the United States to
account for bycatch of BFT in pelagic
longline fisheries in the Northeast
Distant Gear Restricted Area). See
§ 635.27(a). The current baseline
General category quota is 466.7 mt. Each
of the General category time periods
(‘‘January,’’ June through August,
September, October through November,
and December) is allocated a portion of
the annual General category quota.
Although it is called the ‘‘January’’
subquota, the regulations allow the
General category fishery under this
quota to continue until the subquota is
reached or March 31, whichever comes
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first. The current baseline subquotas for
each time period are as follows: 24.7 mt
(5.3 percent) for January; 233.3 mt (50
percent) for June through August; 123.7
mt (26.5 percent) for September; 60.7 mt
(13 percent) for October through
November; and 24.3 mt (5.2 percent) for
December. Any unused General category
quota rolls forward within the fishing
year, which coincides with the calendar
year, from one time period to the next,
and is available for use in subsequent
time periods. This action would adjust
the daily retention limit for the second
time period in 2018, June through
August.
Although the 2017 ICCAT
recommendation regarding western
Atlantic bluefin tuna management
would result in an increase to the
baseline U.S. bluefin tuna quota (i.e.,
from 1,058.79 mt to 1,247.86 mt) and
subquotas for 2018 (including an
expected increase in General category
quota from 466.7 mt to 555.7 mt,
consistent with the annual bluefin tuna
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.
Adjustment of General Category Daily
Retention Limit
Unless changed, the General category
daily retention limit starting on June 1
would be the default retention limit of
one large medium or giant BFT
(measuring 73 inches (185 cm) curved
fork length (CFL) or greater) per vessel
per day/trip (§ 635.23(a)(2)). This
default retention limit would apply to
General category permitted vessels and
to HMS Charter/Headboat category
permitted vessels when fishing
commercially for BFT.
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
five per vessel based on consideration of
the relevant criteria provided under
§ 635.27(a)(8). NMFS has considered
these criteria and their applicability to
the General category BFT retention limit
for June through August 2018. These
considerations include, but are not
limited to, the following:
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)), biological
samples collected from BFT landed by
General category fishermen and
provided by BFT dealers continue to
provide NMFS with valuable data for
ongoing scientific studies of BFT age
and growth, migration, and reproductive
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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 also considered the catches of
the General category quota to date
(including landings and catch rates
during the last several years) and the
likelihood of closures for the General
category if no adjustment is made
(§ 635.27(a)(8)(ii)). Commercial-size BFT
are anticipated to migrate to the fishing
grounds off the northeast U.S. coast by
early June. Based on General category
catch rates during the June through
August time period over the last several
years, it is unlikely that the June
through August subquota will be filled
with the default daily retention limit of
one BFT per vessel. NMFS set the June
through August 2017 time period limit
at four fish initially and reduced it to
one fish effective August 5 through
August 16, when NMFS closed the
fishery until the start of the September
2017 quota subperiod. Due to a
combination of fish availability and
extremely favorable fishing conditions,
NMFS needed to close the General
category fishery in each of the subquota
time periods (September, October–
November, and December) to allow for
harvest of the subsequent subquotas
without exceeding the adjusted General
category quota while simultaneously
maintaining equitable distribution of
fishing opportunities. NMFS is setting
the June through August 2018 limit in
such a way that NMFS believes,
informed by past experience, increases
the likelihood that the fishery will
remain open throughout the subperiod
and year.
NMFS also considered the effects of
the adjustment on BFT rebuilding and
overfishing and the effects of the
adjustment on accomplishing the
objectives of the FMP (§ 635.27(a)(8)(v)
and (vi)). The adjusted retention limit
would be consistent with the
established quotas and with objectives
of the 2006 Consolidated HMS FMP and
amendments and is not expected to
negatively impact stock health or to
affect the stock in ways not already
analyzed in those documents. It is also
important that NMFS limit landings to
the subquotas both to adhere to the FMP
quota allocations and to ensure that
landings are as consistent as possible
with the pattern of fishing mortality
(e.g., fish caught at each age) that was
assumed in the projections of stock
rebuilding.
Another principal consideration in
setting the retention limit is the
objective of providing opportunities to
harvest the full General category quota
without exceeding it based on the goals
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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)). Adjustment of the
retention limit is also supported by the
Environmental Analysis for the 2011
final rule regarding General and
Harpoon category management
measures, which increased the General
category maximum daily retention limit
from three to five fish.
Despite elevated General category
limits, the vast majority of successful
trips (i.e., General or Charter/Headboat
trips on which at least one BFT is
landed under General category quota)
land only one or two BFT. For instance,
the landings data for 2017 show that,
under the four-fish limit that applied
June 1 through August 4, the proportion
of trips that landed one, two, three, or
four bluefin tuna was as follows: 68
percent landed one; 20 percent landed
two; 6 percent landed three; and 6
percent landed four. In the last few
years, NMFS has received conflicting
comments that a high daily retention
limit (specifically five fish) is needed to
optimize General category fishing
opportunities and account for seasonal
distributions by enabling vessels to
make overnight trips to distant fishing
grounds. Others have noted that a
higher General category limit at the start
of the June–August period would reduce
the likelihood of effort shifting into the
Harpoon category, which has a
relatively small quota. NMFS also has
received general comment that a lower
limit increases the likelihood that
opportunities will extend through the
late fall and the end of the calendar
year, as well as improve market
conditions. Requests also will vary
depending on actual fish behavior,
weather, and availability (i.e.,
abundance and proximity to shore) in
any given year.
NMFS anticipates that some
underharvest of the 2017 adjusted U.S.
BFT quota will be carried forward to
2018 to the Reserve category, in
accordance with the regulations, this
summer when complete BFT catch
information for 2017 is available and
finalized. Because such quota would be
available to be transferred from the
Reserve category to the General
category, and such transfers have
occurred in the past, the carryover of
underharvest would make it more likely
that General category quota will remain
available through the end of 2018 for
December fishery participants, despite
the transfer of 14.3 mt from the 24.3-mt
General category December 2018
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subquota period to the January 2018
period (81 FR 91873, December 19,
2016). General category landings were
relatively high in the summer and fall
of 2017, due to a combination of fish
availability, favorable fishing
conditions, and higher daily retention
limits. NMFS transferred 156.4 mt from
the Reserve category (82 FR 46000,
October 3, 2017) and later transferred
another 25.6 mt from the Harpoon
category (82 FR 55520, November 22,
2017). Although NMFS needed to close
the September and the October–
November fisheries effective September
17 and October 5, respectively, to
prevent further overharvest of the
adjusted 2017 General category
subquotas, NMFS anticipates that
General category participants in all
areas and time periods will have
opportunities to harvest the General
category quota in 2018, through more
proactive inseason management such as
retention limit adjustments and/or the
timing and amount of quota transfers
(based on consideration of the
determination criteria regarding
inseason adjustments), as practicable.
NMFS will closely monitor General
category catch rates associated with the
various authorized gear types (e.g.,
harpoon, rod and reel) during the June
through August period and actively
adjust the daily retention limit as
appropriate to enhance scientific data
collection from, and ensure fishing
opportunities in all respective timeperiod subquotas as well as ensure
available quota is not exceeded.
A limit lower than three fish at the
start of the June through August period
could result in diminished fishing
opportunities for those General category
vessels using harpoon gear based on
past fish behavior early in the season.
Lower limits may also result in effort
shifts from the General category to the
Harpoon category, which could result in
premature closure of the Harpoon
category, and potentially additional
inseason adjustments. General category
harpoon gear participants land
approximately five percent of the
General category landings each year and
these landings occur early in the season.
A three-fish retention limit for an
appropriate period of time will provide
a greater opportunity to harvest the June
through August subquota with harpoon
gear without exceeding it while also
maintaining equitable distribution of
fishing opportunities for harpoon and
rod and reel participants. NMFS also
considered general input on 2018
General category limits from the HMS
Advisory Panel at its March 2018
meeting. Based on these considerations,
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we have determined that a three-fish
General category retention limit is
warranted for the beginning of the June–
August 2018 subquota period. These
retention limits are effective in all areas,
except for the Gulf of Mexico, where
targeted fishing for bluefin tuna is
prohibited.
Based on these considerations, NMFS
has determined that a three-fish General
category retention limit is warranted for
the June–August 2018 subquota period.
This limit would provide a reasonable
opportunity to harvest the full U.S. BFT
quota (including the expected increase
in available 2018 quota based on 2017
underharvest), without exceeding it,
while maintaining an equitable
distribution of fishing opportunities;
help optimize the ability of the General
category to harvest its full quota; allow
the collection of a broad range of data
for stock monitoring purposes; and be
consistent with the objectives of the
2006 Consolidated HMS FMP and
amendments. Therefore, NMFS
increases the General category retention
limit from the default limit (one) to
three large medium or giant BFT per
vessel per day/trip, effective June 1,
2018, through August 31, 2018.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example (and specific
to the June through August 2018 limit),
whether a vessel fishing under the
General category limit takes a two-day
trip or makes two trips in one day, the
daily limit of four fish may not be
exceeded upon landing. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico,
where NMFS prohibits targeting fishing
for BFT, and applies to those vessels
permitted in the General category, as
well as to those HMS Charter/Headboat
permitted vessels with a commercial
sale endorsement when fishing
commercially for BFT fishing
commercially for BFT. For information
regarding the HMS Charter/Headboat
commercial sale endorsement, see 82 FR
57543, December 6, 2017.
Monitoring and Reporting
NMFS will actively monitor the BFT
fishery closely. Dealers are required to
submit landing reports within 24 hours
of a dealer receiving BFT. In addition,
General and HMS Charter/Headboat
vessel owners are required to report
their own catch of all BFT retained or
discarded dead, within 24 hours of the
landing(s) or end of each trip, by
accessing hmspermits.noaa.gov or by
using the Android or iPhone app.
Depending on the level of fishing effort
and catch rates of BFT, NMFS may
determine that additional adjustments
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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.
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.
The timing of this rulemaking will allow
approximately two weeks’ prior notice
to the regulated community. Affording
additional prior notice and an
opportunity for public comment on the
change in the daily retention limit from
the default level for the June through
August 2018 subquota period would be
impracticable. Based on available BFT
quotas, fishery performance in recent
years, and the availability of BFT on the
fishing grounds, responsive adjustment
to the General category BFT daily
retention limit from the default level is
warranted to allow fishermen to take
advantage of 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 about fishery
conditions and this year’s landings. 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
inappropriate to the amount of quota
available for the period.
Fisheries under the General category
daily retention limit will commence on
June 1 and thus prior notice would be
contrary to the public interest. Delays in
increasing these retention limits would
adversely affect those General and
Charter/Headboat category vessels that
would otherwise have an opportunity to
harvest more than the default retention
limit of one BFT per day/trip and may
result in low catch rates and quota
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Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
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. With quota
available and fish available on the
grounds, and with no expected impacts
to the stock, it would be contrary to the
public interest to require vessels to wait
to harvest the additional fish allowed
through this action. Therefore, the AA
finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment.
Adjustment of the General category
retention limit needs to be effective June
1, 2018, or as soon as possible
thereafter, to minimize any unnecessary
disruption in fishing patterns, to allow
the impacted sectors to benefit from the
adjustment, and to not preclude fishing
opportunities for fishermen in
geographic areas with access to the
fishery only during this time period.
Foregoing opportunities to harvest the
respective quotas may have negative
social and economic impacts for U.S.
fishermen that depend upon catching
the available quota within the time
periods designated in the 2006
Consolidated HMS FMP and
amendments. Therefore, the AA finds
there is also good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effectiveness.
This action is being taken under
§ 635.23(a)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: May 7, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–09960 Filed 5–8–18; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 120416010–2476–01]
RIN 0648–XG160
Pacific Island Fisheries; Closure of the
2018 Hawaii Shallow-Set Longline
Fishery; Court Order
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; fishery closure.
AGENCY:
This final rule closes the
Hawaii shallow-set pelagic longline
fishery in compliance with an order of
the U.S. District Court for the District of
Hawaii.
DATES: Effective May 8, 2018, through
December 31, 2018.
Compliance date: May 4, 2018,
through December 31, 2018.
FOR FURTHER INFORMATION CONTACT: Bob
Harman, NMFS PIR, 808–725–5170.
SUPPLEMENTARY INFORMATION: In a
January 30, 2012, NMFS completed a
biological opinion (BiOp) on the effects
of the Hawaii shallow-set longline
fishery, pursuant to the Endangered
Species Act (ESA). In the BiOp, NMFS
concluded that the continued operation
of the Hawaii shallow-set fishery, as
managed under the regulatory
framework of the Fishery Ecosystem
Plan for Pelagic Fisheries of the Western
Pacific (FEP), was not likely to
jeopardize the continued existence of
any ESA-listed species, or result in
destruction or adverse modification of
designated critical habitat.
The BiOp established an annual
incidental take statement authorizing
the fishery to interact with up to 26
leatherback and 34 loggerhead sea
turtles. Consistent with the BiOp, NMFS
revised its regulations establishing
annual limits on allowable incidental
interactions between the fishery and
leatherback and North Pacific
loggerhead sea turtles (77 FR 60638,
October 4, 2012, codified at 50 CFR
665.813). If the fishery reaches either of
the interaction limits in a given year, the
regulations require NMFS to close the
fishery for the remainder of the calendar
year.
In the U.S. District Court of Hawaii,
several plaintiffs challenged, among
other things, the NMFS final rule that
revised the annual sea turtle interaction
limits, and the Court ruled in favor of
NMFS on all claims (see Turtle Island
SUMMARY:
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21939
Restoration Network, et al. v. U.S. Dept.
of Commerce, et al., (U.S.D.C. 2013),
Civil No. 12–00594). Plaintiffs appealed
the Court’s decision and, on December
27, 2017, a U.S Ninth Circuit Court of
Appeals panel issued a split decision
affirming the NMFS BiOp regarding
leatherback sea turtles, but holding that
NMFS was arbitrary and capricious in
its no-jeopardy determination for North
Pacific loggerhead turtles (see Turtle
Island Restoration Network, et al. v.
U.S. Dept. of Commerce, et al., 878 F.3d
725 (9th Cir. 2017)).
All parties agreed to settle the case
pursuant to the terms outlined in a May
4, 2018, Stipulated Settlement
Agreement and Court Order. As part of
the agreement, the U.S. District Court
for the District of Hawaii ordered NMFS
to take several actions, including closing
the Hawaii shallow-set longline fishery
through December 31, 2018. This rule
implements the Court order to close the
Hawaii shallow-set longline fishery
through December 31, 2018.
Classification
The Assistant Administrator for
Fisheries, NOAA, has determined that
this final rule is consistent with the
Court order, the Magnuson-Stevens
Fishery Conservation and Management
Act, the Endangered Species Act, and
other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
NMFS has good cause under the
Administrative Procedure Act (5 U.S.C.
553(b)(B)) to waive prior notice and
comment and 30 days delayed
effectiveness for this temporary rule.
The Court Order, in relevant parts,
vacates that portion of the 2012
Biological Opinion that relates to North
Pacific loggerheads, and requires NMFS
to immediately close the Hawaii
shallow-set longline fishery until the
end of 2018. Under the ESA, NMFS may
not continue to authorize the shallowset longline fishery until the
consultation requirements of ESA
section 7(a)(2) have been satisfied.
Accordingly, providing the public with
prior notice and comment rule would be
contrary to the public interest because
NMFS is required to immediately close
the fishery to prevent further impacts to
North Pacific loggerhead sea turtles
while it completes the new biological
opinion. In addition, providing prior
notice and comment and 30 days
delayed effectiveness are unnecessary
because NMFS has no discretion to take
other action that is inconsistent with
any term of the Court Order.
In addition, the regulatory flexibility
analysis requirements of the Regulatory
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]]>Agencies
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21936-21939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09960]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XG216
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category retention limit
adjustment.
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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General
category daily retention limit from the default limit of one large
medium or giant BFT to three large medium or giant BFT for June 1
through August 31, 2018. This action is based on consideration of the
regulatory determination criteria regarding inseason adjustments and
applies to Atlantic Tunas General category (commercial) permitted
vessels and Highly Migratory Species (HMS) Charter/Headboat category
permitted vessels with a commercial sale endorsement when fishing
commercially for BFT.
DATES: Effective June 1, 2018, through August 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 Atlantic 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.
The current baseline U.S. quota is 1,058.9 mt (not including the 25
mt ICCAT allocated to the United States to account for bycatch of BFT
in pelagic longline fisheries in the Northeast Distant Gear Restricted
Area). See Sec. 635.27(a). The current baseline General category quota
is 466.7 mt. Each of the General category time periods (``January,''
June through August, September, October through November, and December)
is allocated a portion of the annual General category quota. Although
it is called the ``January'' subquota, the regulations allow the
General category fishery under this quota to continue until the
subquota is reached or March 31, whichever comes
[[Page 21937]]
first. The current baseline subquotas for each time period are as
follows: 24.7 mt (5.3 percent) for January; 233.3 mt (50 percent) for
June through August; 123.7 mt (26.5 percent) for September; 60.7 mt (13
percent) for October through November; and 24.3 mt (5.2 percent) for
December. Any unused General category quota rolls forward within the
fishing year, which coincides with the calendar year, from one time
period to the next, and is available for use in subsequent time
periods. This action would adjust the daily retention limit for the
second time period in 2018, June through August.
Although the 2017 ICCAT recommendation regarding western Atlantic
bluefin tuna management would result in an increase to the baseline
U.S. bluefin tuna quota (i.e., from 1,058.79 mt to 1,247.86 mt) and
subquotas for 2018 (including an expected increase in General category
quota from 466.7 mt to 555.7 mt, consistent with the annual bluefin
tuna 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 General Category Daily Retention Limit
Unless changed, the General category daily retention limit starting
on June 1 would be the default retention limit of one large medium or
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or
greater) per vessel per day/trip (Sec. 635.23(a)(2)). This default
retention limit would apply to General category permitted vessels and
to HMS Charter/Headboat category permitted vessels when fishing
commercially for BFT.
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8). NMFS has considered these
criteria and their applicability to the General category BFT retention
limit for June through August 2018. These considerations include, but
are not limited to, the following:
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock (Sec. 635.27(a)(8)(i)), biological samples
collected from BFT landed by General category fishermen and provided by
BFT dealers continue to provide NMFS with valuable data for ongoing
scientific studies of BFT age and growth, migration, and reproductive
status. Additional opportunity to land BFT would support the collection
of a broad range of data for these studies and for stock monitoring
purposes.
NMFS also considered the catches of the General category quota to
date (including landings and catch rates during the last several years)
and the likelihood of closures for the General category if no
adjustment is made (Sec. 635.27(a)(8)(ii)). Commercial-size BFT are
anticipated to migrate to the fishing grounds off the northeast U.S.
coast by early June. Based on General category catch rates during the
June through August time period over the last several years, it is
unlikely that the June through August subquota will be filled with the
default daily retention limit of one BFT per vessel. NMFS set the June
through August 2017 time period limit at four fish initially and
reduced it to one fish effective August 5 through August 16, when NMFS
closed the fishery until the start of the September 2017 quota
subperiod. Due to a combination of fish availability and extremely
favorable fishing conditions, NMFS needed to close the General category
fishery in each of the subquota time periods (September, October-
November, and December) to allow for harvest of the subsequent
subquotas without exceeding the adjusted General category quota while
simultaneously maintaining equitable distribution of fishing
opportunities. NMFS is setting the June through August 2018 limit in
such a way that NMFS believes, informed by past experience, increases
the likelihood that the fishery will remain open throughout the
subperiod and year.
NMFS also considered the effects of the adjustment on BFT
rebuilding and overfishing and the effects of the adjustment on
accomplishing the objectives of the FMP (Sec. 635.27(a)(8)(v) and
(vi)). The adjusted retention limit would be consistent with the
established quotas and with objectives of the 2006 Consolidated HMS FMP
and amendments and is not expected to negatively impact stock health or
to affect the stock in ways not already analyzed in those documents. It
is also important that NMFS limit landings to the subquotas both to
adhere to the FMP quota allocations and to ensure that landings are as
consistent as possible with the pattern of fishing mortality (e.g.,
fish caught at each age) that was assumed in the projections of stock
rebuilding.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the full General
category quota without exceeding it based on the goals of the 2006
Consolidated HMS FMP and amendments, including to achieve optimum yield
on a continuing basis and to optimize the ability of all permit
categories to harvest their full BFT quota allocations (related to
Sec. 635.27(a)(8)(x)). Adjustment of the retention limit is also
supported by the Environmental Analysis for the 2011 final rule
regarding General and Harpoon category management measures, which
increased the General category maximum daily retention limit from three
to five fish.
Despite elevated General category limits, the vast majority of
successful trips (i.e., General or Charter/Headboat trips on which at
least one BFT is landed under General category quota) land only one or
two BFT. For instance, the landings data for 2017 show that, under the
four-fish limit that applied June 1 through August 4, the proportion of
trips that landed one, two, three, or four bluefin tuna was as follows:
68 percent landed one; 20 percent landed two; 6 percent landed three;
and 6 percent landed four. In the last few years, NMFS has received
conflicting comments that a high daily retention limit (specifically
five fish) is needed to optimize General category fishing opportunities
and account for seasonal distributions by enabling vessels to make
overnight trips to distant fishing grounds. Others have noted that a
higher General category limit at the start of the June-August period
would reduce the likelihood of effort shifting into the Harpoon
category, which has a relatively small quota. NMFS also has received
general comment that a lower limit increases the likelihood that
opportunities will extend through the late fall and the end of the
calendar year, as well as improve market conditions. Requests also will
vary depending on actual fish behavior, weather, and availability
(i.e., abundance and proximity to shore) in any given year.
NMFS anticipates that some underharvest of the 2017 adjusted U.S.
BFT quota will be carried forward to 2018 to the Reserve category, in
accordance with the regulations, this summer when complete BFT catch
information for 2017 is available and finalized. Because such quota
would be available to be transferred from the Reserve category to the
General category, and such transfers have occurred in the past, the
carryover of underharvest would make it more likely that General
category quota will remain available through the end of 2018 for
December fishery participants, despite the transfer of 14.3 mt from the
24.3-mt General category December 2018
[[Page 21938]]
subquota period to the January 2018 period (81 FR 91873, December 19,
2016). General category landings were relatively high in the summer and
fall of 2017, due to a combination of fish availability, favorable
fishing conditions, and higher daily retention limits. NMFS transferred
156.4 mt from the Reserve category (82 FR 46000, October 3, 2017) and
later transferred another 25.6 mt from the Harpoon category (82 FR
55520, November 22, 2017). Although NMFS needed to close the September
and the October-November fisheries effective September 17 and October
5, respectively, to prevent further overharvest of the adjusted 2017
General category subquotas, NMFS anticipates that General category
participants in all areas and time periods will have opportunities to
harvest the General category quota in 2018, through more proactive
inseason management such as retention limit adjustments and/or the
timing and amount of quota transfers (based on consideration of the
determination criteria regarding inseason adjustments), as practicable.
NMFS will closely monitor General category catch rates associated with
the various authorized gear types (e.g., harpoon, rod and reel) during
the June through August period and actively adjust the daily retention
limit as appropriate to enhance scientific data collection from, and
ensure fishing opportunities in all respective time-period subquotas as
well as ensure available quota is not exceeded.
A limit lower than three fish at the start of the June through
August period could result in diminished fishing opportunities for
those General category vessels using harpoon gear based on past fish
behavior early in the season. Lower limits may also result in effort
shifts from the General category to the Harpoon category, which could
result in premature closure of the Harpoon category, and potentially
additional inseason adjustments. General category harpoon gear
participants land approximately five percent of the General category
landings each year and these landings occur early in the season. A
three-fish retention limit for an appropriate period of time will
provide a greater opportunity to harvest the June through August
subquota with harpoon gear without exceeding it while also maintaining
equitable distribution of fishing opportunities for harpoon and rod and
reel participants. NMFS also considered general input on 2018 General
category limits from the HMS Advisory Panel at its March 2018 meeting.
Based on these considerations, we have determined that a three-fish
General category retention limit is warranted for the beginning of the
June-August 2018 subquota period. These retention limits are effective
in all areas, except for the Gulf of Mexico, where targeted fishing for
bluefin tuna is prohibited.
Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted for the June-August
2018 subquota period. This limit would provide a reasonable opportunity
to harvest the full U.S. BFT quota (including the expected increase in
available 2018 quota based on 2017 underharvest), without exceeding it,
while maintaining an equitable distribution of fishing opportunities;
help optimize the ability of the General category to harvest its full
quota; allow the collection of a broad range of data for stock
monitoring purposes; and be consistent with the objectives of the 2006
Consolidated HMS FMP and amendments. Therefore, NMFS increases the
General category retention limit from the default limit (one) to three
large medium or giant BFT per vessel per day/trip, effective June 1,
2018, through August 31, 2018.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the June
through August 2018 limit), whether a vessel fishing under the General
category limit takes a two-day trip or makes two trips in one day, the
daily limit of four fish may not be exceeded upon landing. This General
category retention limit is effective in all areas, except for the Gulf
of Mexico, where NMFS prohibits targeting fishing for BFT, and applies
to those vessels permitted in the General category, as well as to those
HMS Charter/Headboat permitted vessels with a commercial sale
endorsement when fishing commercially for BFT fishing commercially for
BFT. For information regarding the HMS Charter/Headboat commercial sale
endorsement, see 82 FR 57543, December 6, 2017.
Monitoring and Reporting
NMFS will actively monitor the BFT fishery closely. Dealers are
required to submit landing reports within 24 hours of a dealer
receiving BFT. In addition, General and HMS Charter/Headboat vessel
owners are required to report their own catch of all BFT retained or
discarded dead, within 24 hours of the landing(s) or end of each trip,
by accessing hmspermits.noaa.gov or by using the Android or iPhone app.
Depending on the level of fishing effort and catch rates of BFT, NMFS
may determine that additional adjustments 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.
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. The timing of this rulemaking will allow approximately
two weeks' prior notice to the regulated community. Affording
additional prior notice and an opportunity for public comment on the
change in the daily retention limit from the default level for the June
through August 2018 subquota period would be impracticable. Based on
available BFT quotas, fishery performance in recent years, and the
availability of BFT on the fishing grounds, responsive adjustment to
the General category BFT daily retention limit from the default level
is warranted to allow fishermen to take advantage of 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
about fishery conditions and this year's landings. 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 inappropriate to the amount of
quota available for the period.
Fisheries under the General category daily retention limit will
commence on June 1 and thus prior notice would be contrary to the
public interest. Delays in increasing these retention limits would
adversely affect those General and Charter/Headboat category vessels
that would otherwise have an opportunity to harvest more than the
default retention limit of one BFT per day/trip and may result in low
catch rates and quota
[[Page 21939]]
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. With quota available and fish available on the
grounds, and with no expected impacts to the stock, it would be
contrary to the public interest to require vessels to wait to harvest
the additional fish allowed through this action. Therefore, the AA
finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment.
Adjustment of the General category retention limit needs to be
effective June 1, 2018, or as soon as possible thereafter, to minimize
any unnecessary disruption in fishing patterns, to allow the impacted
sectors to benefit from the adjustment, and to not preclude fishing
opportunities for fishermen in geographic areas with access to the
fishery only during this time period. Foregoing opportunities to
harvest the respective quotas may have negative social and economic
impacts for U.S. fishermen that depend upon catching the available
quota within the time periods designated in the 2006 Consolidated HMS
FMP and amendments. Therefore, the AA finds there is also good cause
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
This action is being taken under Sec. 635.23(a)(4) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 7, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-09960 Filed 5-8-18; 4:15 pm]
BILLING CODE 3510-22-P
