Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 62512-62514 [2018-26325]
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
Dated: November 29, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.190, revise paragraphs
(a)(2)(i) through (iii) to read as follows:
■
§ 622.190
Quotas.
*
*
*
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(a) * * *
(2) * * *
(i) Commercial sector (hook-and-line
and longline components combined)—
331,740 lb (150,475 kg).
(ii) Hook-and-line component—
82,935 lb (37,619 kg).
(iii) Longline component—248,805 lb
(112,856 kg).
*
*
*
*
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■ 3. In § 622.193, revise paragraphs
(a)(1)(i) through (iii), and (a)(2), to read
as follows:
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) * * *
(1) * * *
(i) Hook-and-line component. If
commercial hook-and-line landings for
golden tilefish, as estimated by the SRD,
reach or are projected to reach the
commercial ACL (commercial quota)
specified in § 622.190(a)(2)(ii), the AA
will file a notification with the Office of
the Federal Register to close the hookand-line component of the commercial
sector for the remainder of the fishing
year. Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(ii) Longline component. If
commercial longline landings for golden
tilefish, as estimated by the SRD, reach
or are projected to reach the longline
commercial ACL (commercial quota)
specified in § 622.190(a)(2)(iii), the AA
will file a notification with the Office of
the Federal Register to close the longline
component of the commercial sector for
the remainder of the fishing year. After
the commercial ACL for the longline
component is reached or projected to be
reached, golden tilefish may not be
fished for or possessed by a vessel with
a golden tilefish longline endorsement.
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Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(iii) If all commercial landings of
golden tilefish, as estimated by the SRD,
exceed the commercial ACL (including
both the hook-and-line and longline
component quotas) specified in
§ 622.190(a)(2)(i), and the combined
commercial and recreational ACL of
342,000 lb (155,129 kg) is exceeded
during the same fishing year, and
golden tilefish are overfished based on
the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a
notification with the Office of the
Federal Register to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector. (i) If
recreational landings of golden tilefish,
as estimated by the SRD, reach or are
projected to reach the recreational ACL
of 2,316 fish, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if the stock is overfished,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for golden
tilefish in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings of golden
tilefish, as estimated by the SRD, exceed
the recreational ACL specified of 2,316
fish, then during the following fishing
year, recreational landings will be
monitored for a persistence in increased
landings, and if necessary, the AA will
file a notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if the species
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL of
342,000 lb (155,129 kg) is exceeded
during the same fishing year. The AA
will use the best scientific information
available to determine if reducing the
length of the recreational fishing season
and recreational ACL is necessary.
When the recreational sector is closed as
a result of NMFS reducing the length of
the recreational fishing season and ACL,
the bag and possession limits for golden
tilefish in or from the South Atlantic
EEZ are zero.
*
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*
*
*
[FR Doc. 2018–26317 Filed 12–3–18; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
RIN 0648–XG651
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
NMFS is transferring 129.2
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the General category, and 9.9 mt from
the Harpoon category to the General
category for the remainder of the 2018
fishing year, to account for accrued
overharvests of previous time period
subquotas. This action is intended to
provide opportunities for General
category fishermen to participate in the
December General category fishery,
which is scheduled to reopen on
December 1, 2018, and is based on
consideration of the regulatory
determination criteria regarding
inseason adjustments. This action
would affect 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: The quota transfer is effective
November 29, 2018 through December
31, 2018.
FOR FURTHER INFORMATION CONTACT:
Uriah Forest-Bulley, 978–675–2154, 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)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
SUMMARY:
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
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.
NMFS published a final rule (i.e., the
‘‘quota rule’’ (83 FR 51391, October 11,
2018)) that increased the baseline U.S.
BFT quota from 1,058.79 mt to 1,247.86
mt consistent with a 2017 ICCAT
recommendation and accordingly
increased the category quotas for 2018.
Within the General category quota, each
time period (January, June through
August, September, October through
November, and December) is further
allocated a subquota or portion of the
annual General category quota.
Although it is called the ‘‘January’’
subquota, the regulations allow the
General category fishery under this
quota to continue until the subquota is
reached or March 31, whichever comes
first. The baseline subquotas for each
time period are as follows: 29.5 mt for
January; 277.9 mt for June through
August; 147.3 mt for September; 72.2 mt
for October through November; and 28.9
mt for December. Any unused General
category quota rolls forward from one
time period to the next and is available
for use in subsequent time periods
within the fishing year, which coincides
with the calendar year.
For the January 2018 subquota period,
NMFS transferred 14.3 mt of BFT quota
from the December 2018 subquota
period, and transferred 10 mt from the
Reserve category, resulting in an
adjusted subquota of 53.8 mt for the
January 2018 period and a subquota of
14.6 mt for the December 2018 period
(82 FR 60680, December 22, 2017, and
83 FR 9232, March 5, 2018,
respectively). For 2018, NMFS also
transferred a total of 75 mt from the
Reserve and 40 mt from the Harpoon
category to the General category through
two inseason actions in September and
October, resulting in an adjusted 2018
General category quota of 680.8 mt and
adjusted 2018 Harpoon category of 36
mt (83 FR 47843, September 21, 2018,
and 83 FR 50857, October 10, 2018,
respectively). NMFS closed the October
through November General category
fishery after multiple reopenings when
the subquota (127.2 mt) was met,
effective November 16, 2018 (83 FR
57340, November 15, 2018). The 2018
General category fishery reopens
December 1, 2018, and will remain open
until December 31, 2018, or until the
General category quota is reached,
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Jkt 247001
whichever comes first. Prior to this
action, the adjusted Reserve category
quota was 142.9 mt, and was most
recently adjusted in the October 11,
2018 quota rule, which augmented the
2018 BFT Reserve category quota with
available underharvest of the 2017
adjusted U.S. BFT quota. The Harpoon
category fishery automatically closed for
the year on November 15, 2018.
Quota Transfer
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering regulatory determination
criteria at § 635.27(a)(8). NMFS has
considered all of the relevant
determination criteria and their
applicability to the General category
fishery. 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
status. Additional opportunity to land
BFT over the longest time-period
allowable would support the collection
of a broad range of data for these studies
and for stock monitoring purposes.
NMFS considered the catches of the
General category quota to date
(including during the summer/fall and
winter fisheries in the last several
years), and the likelihood of closure of
that segment of the fishery if no
adjustment is made (§ 635.27(a)(8)(ii)
and (ix)). Preliminary landings data as
of November 26, 2018, indicate that the
Harpoon category landed 26.1 mt of the
36 mt adjusted Harpoon quota before
closing. They also indicate that the
General category has landed 770 mt this
year, which exceeds the overall General
category adjusted quota of 680.8 mt. For
all commercial categories, however,
approximately 23 percent (267.9 mt) of
the total of the BFT category quotas
remains available as of November 26,
2018 (i.e., 881 mt of 1148.9 mt has been
harvested), and NMFS anticipates that
some amount of quota may remain
unused by the end of the year even with
the transfer. Absent a transfer, the
December General category fishery
would remain closed, even though
quota remains available within the
overall quota for the year and NMFS
anticipates that commercial-sized BFT
will be readily available on the fishing
grounds when the fishery is otherwise
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62513
scheduled to re-open December 1, 2018.
Transferring 129.2 mt of BFT quota from
the Reserve category, and 9.9 mt from
the Harpoon category would allow the
General category fishery to resume as
scheduled and would result in a total of
50.0 mt being available to the General
category in December after accounting
for quota exceedances. It would also
leave 13.7 mt in the Reserve category to
account for any BFT mortalities
associated with research and/or any
overharvests that may occur in
December. In analyzing the criteria for
transfer, NMFS also considered the fact
that BFT quota management throughout
the year had been informed, in part, by
anticipated upward adjustments to the
overall quota. Such adjustments, while
not certain, were anticipated as a result
of the 2017 ICCAT recommendation
increasing the overall BFT quota and
upward adjustments for last year’s
underharvests, although any such
adjustments would only take effect after
appropriate rulemaking procedures and
actions (i.e., the 2018 quota rule).
Regarding the projected ability of the
vessels fishing under the particular
category quota (here, the General
category) to harvest the additional
amount of BFT quota transferred before
the end of the fishing year
(§ 635.27(a)(8)(iii)), NMFS considered
General category landings over the last
several years and landings to date this
year. Landings are highly variable and
depend on access to commercial-sized
BFT and fishing conditions, among
other factors. A portion of the
transferred quota covers overharvests in
the category to date, and NMFS
anticipates that General category
participants will be able to harvest the
remaining 50 mt of transferred BFT
quota by the end of the fishing 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. In the last several
years, total U.S. BFT landings have been
below the total available U.S. quota
such that the United States has carried
forward the maximum amount of
underharvest allowed by ICCAT from
one year to the next. NMFS will need
to account for 2018 landings and dead
discards within the adjusted U.S. quota,
consistent with ICCAT
recommendations, and NMFS
anticipates having sufficient quota to do
that, even with this 139.1 mt transfer to
the General category.
This transfer would be consistent
with the current U.S. quota, which was
established and analyzed in the 2018
BFT quota final rule, and with
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
objectives of the 2006 Consolidated
HMS FMP and amendments.
(§ 635.27(a)(8)(v) and (vi)). Another
principal consideration is the objective
of providing opportunities to harvest the
full annual U.S. BFT quota without
exceeding it based on the goals of the
2006 Consolidated HMS FMP and
amendments, including to achieve
optimum yield on a continuing basis
and to optimize the ability of all permit
categories to harvest their full BFT
quota allocations (related to
§ 635.27(a)(8)(x)).
Based on the considerations above,
NMFS is transferring 129.2 mt from the
Reserve category to the General
category. Therefore, NMFS adjusts the
General category December subquota
quota to 50.0 mt for the 2018 General
category fishing season and adjusts the
Reserve category quota to 13.7 mt. The
2018 General category fishery reopens
December 1, 2018, and will remain open
until December 31, 2018, or until the
adjusted General category quota is
reached, whichever comes first.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely. Dealers are required
to submit landing reports within 24
hours of a dealer receiving BFT. Late
reporting by dealers compromises
NMFS’ ability to timely implement
actions such as quota and retention
limit adjustment, as well as closures,
and may result in enforcement actions.
Additionally, and separate from the
dealer reporting requirement, General
and HMS Charter/Headboat category
vessel owners are required to report the
catch of all BFT retained or discarded
dead within 24 hours of the landing(s)
or end of each trip, by accessing
hmspermits.noaa.gov or by using the
HMS Catch Reporting app, 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 action
(e.g., quota adjustment or closure) is
necessary to ensure available subquotas
are 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.
NMFS reminds General category
participants that when the fishery
reopens December 1, 2018, the BFT
General category daily retention limit
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will be one large medium or giant BFT
(measuring 73’’ or greater) per vessel per
day/trip.
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
quota transfer for the remainder of 2018
is impracticable and contrary to the
public interest as such a delay would
result in continued closure of the
General category fishery (because the
available quota has been exceeded) and
the need to re-open the fishery later in
the December time period, rather than
the fishery automatically re-opening on
December 1. The delay would preclude
the fishery from harvesting BFT that are
available on the fishing grounds and
that might otherwise become
unavailable during a delay. Therefore,
the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment. For
these reasons, there also is good cause
under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness.
This action is being taken under
§ 635.27(a)(9) (Inseason adjustments)
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: November 29, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2018–26325 Filed 11–29–18; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170816769–8162–02]
RIN 0648–XG470
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Less Than 50 Feet
Length Overall Using Hook-and-Line
Gear in the Central Regulatory Area of
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
less than 50 feet length overall (LOA)
using hook-and-line gear in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the 2018 Pacific cod
total allowable catch apportioned to
catcher vessels less than 50 feet LOA
using hook-and-line gear in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), December 1, 2018,
through 2400 hours, A.l.t., December 31,
2018.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The 2018 Pacific cod total allowable
catch (TAC) apportioned to catcher
vessels less than 50 feet LOA using
hook-and-line gear in the Central
Regulatory Area of the GOA is 880
metric tons (mt), as established by the
final 2018 and 2019 harvest
specifications for groundfish of the GOA
(83 FR 8768, March 1, 2018).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62512-62514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26325]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-XG651
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 quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 129.2 metric tons (mt) of Atlantic
bluefin tuna (BFT) quota from the Reserve category to the General
category, and 9.9 mt from the Harpoon category to the General category
for the remainder of the 2018 fishing year, to account for accrued
overharvests of previous time period subquotas. This action is intended
to provide opportunities for General category fishermen to participate
in the December General category fishery, which is scheduled to reopen
on December 1, 2018, and is based on consideration of the regulatory
determination criteria regarding inseason adjustments. This action
would affect 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: The quota transfer is effective November 29, 2018 through
December 31, 2018.
FOR FURTHER INFORMATION CONTACT: Uriah Forest-Bulley, 978-675-2154, 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) and as implemented by the United States among the various
domestic fishing categories, per the allocations established in the
2006 Consolidated Highly Migratory Species Fishery
[[Page 62513]]
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.
NMFS published a final rule (i.e., the ``quota rule'' (83 FR 51391,
October 11, 2018)) that increased the baseline U.S. BFT quota from
1,058.79 mt to 1,247.86 mt consistent with a 2017 ICCAT recommendation
and accordingly increased the category quotas for 2018. Within the
General category quota, each time period (January, June through August,
September, October through November, and December) is further allocated
a subquota or portion of the annual General category quota. Although it
is called the ``January'' subquota, the regulations allow the General
category fishery under this quota to continue until the subquota is
reached or March 31, whichever comes first. The baseline subquotas for
each time period are as follows: 29.5 mt for January; 277.9 mt for June
through August; 147.3 mt for September; 72.2 mt for October through
November; and 28.9 mt for December. Any unused General category quota
rolls forward from one time period to the next and is available for use
in subsequent time periods within the fishing year, which coincides
with the calendar year.
For the January 2018 subquota period, NMFS transferred 14.3 mt of
BFT quota from the December 2018 subquota period, and transferred 10 mt
from the Reserve category, resulting in an adjusted subquota of 53.8 mt
for the January 2018 period and a subquota of 14.6 mt for the December
2018 period (82 FR 60680, December 22, 2017, and 83 FR 9232, March 5,
2018, respectively). For 2018, NMFS also transferred a total of 75 mt
from the Reserve and 40 mt from the Harpoon category to the General
category through two inseason actions in September and October,
resulting in an adjusted 2018 General category quota of 680.8 mt and
adjusted 2018 Harpoon category of 36 mt (83 FR 47843, September 21,
2018, and 83 FR 50857, October 10, 2018, respectively). NMFS closed the
October through November General category fishery after multiple
reopenings when the subquota (127.2 mt) was met, effective November 16,
2018 (83 FR 57340, November 15, 2018). The 2018 General category
fishery reopens December 1, 2018, and will remain open until December
31, 2018, or until the General category quota is reached, whichever
comes first. Prior to this action, the adjusted Reserve category quota
was 142.9 mt, and was most recently adjusted in the October 11, 2018
quota rule, which augmented the 2018 BFT Reserve category quota with
available underharvest of the 2017 adjusted U.S. BFT quota. The Harpoon
category fishery automatically closed for the year on November 15,
2018.
Quota Transfer
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering regulatory
determination criteria at Sec. 635.27(a)(8). NMFS has considered all
of the relevant determination criteria and their applicability to the
General category fishery. 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 over the longest time-period
allowable would support the collection of a broad range of data for
these studies and for stock monitoring purposes.
NMFS considered the catches of the General category quota to date
(including during the summer/fall and winter fisheries in the last
several years), and the likelihood of closure of that segment of the
fishery if no adjustment is made (Sec. 635.27(a)(8)(ii) and (ix)).
Preliminary landings data as of November 26, 2018, indicate that the
Harpoon category landed 26.1 mt of the 36 mt adjusted Harpoon quota
before closing. They also indicate that the General category has landed
770 mt this year, which exceeds the overall General category adjusted
quota of 680.8 mt. For all commercial categories, however,
approximately 23 percent (267.9 mt) of the total of the BFT category
quotas remains available as of November 26, 2018 (i.e., 881 mt of
1148.9 mt has been harvested), and NMFS anticipates that some amount of
quota may remain unused by the end of the year even with the transfer.
Absent a transfer, the December General category fishery would remain
closed, even though quota remains available within the overall quota
for the year and NMFS anticipates that commercial-sized BFT will be
readily available on the fishing grounds when the fishery is otherwise
scheduled to re-open December 1, 2018. Transferring 129.2 mt of BFT
quota from the Reserve category, and 9.9 mt from the Harpoon category
would allow the General category fishery to resume as scheduled and
would result in a total of 50.0 mt being available to the General
category in December after accounting for quota exceedances. It would
also leave 13.7 mt in the Reserve category to account for any BFT
mortalities associated with research and/or any overharvests that may
occur in December. In analyzing the criteria for transfer, NMFS also
considered the fact that BFT quota management throughout the year had
been informed, in part, by anticipated upward adjustments to the
overall quota. Such adjustments, while not certain, were anticipated as
a result of the 2017 ICCAT recommendation increasing the overall BFT
quota and upward adjustments for last year's underharvests, although
any such adjustments would only take effect after appropriate
rulemaking procedures and actions (i.e., the 2018 quota rule).
Regarding the projected ability of the vessels fishing under the
particular category quota (here, the General category) to harvest the
additional amount of BFT quota transferred before the end of the
fishing year (Sec. 635.27(a)(8)(iii)), NMFS considered General
category landings over the last several years and landings to date this
year. Landings are highly variable and depend on access to commercial-
sized BFT and fishing conditions, among other factors. A portion of the
transferred quota covers overharvests in the category to date, and NMFS
anticipates that General category participants will be able to harvest
the remaining 50 mt of transferred BFT quota by the end of the fishing
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. In the last several years, total U.S. BFT landings have
been below the total available U.S. quota such that the United States
has carried forward the maximum amount of underharvest allowed by ICCAT
from one year to the next. NMFS will need to account for 2018 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and NMFS anticipates having sufficient quota to do
that, even with this 139.1 mt transfer to the General category.
This transfer would be consistent with the current U.S. quota,
which was established and analyzed in the 2018 BFT quota final rule,
and with
[[Page 62514]]
objectives of the 2006 Consolidated HMS FMP and amendments. (Sec.
635.27(a)(8)(v) and (vi)). Another principal consideration is the
objective of providing opportunities to harvest the full annual U.S.
BFT quota without exceeding it based on the goals of the 2006
Consolidated HMS FMP and amendments, including to achieve optimum yield
on a continuing basis and to optimize the ability of all permit
categories to harvest their full BFT quota allocations (related to
Sec. 635.27(a)(8)(x)).
Based on the considerations above, NMFS is transferring 129.2 mt
from the Reserve category to the General category. Therefore, NMFS
adjusts the General category December subquota quota to 50.0 mt for the
2018 General category fishing season and adjusts the Reserve category
quota to 13.7 mt. The 2018 General category fishery reopens December 1,
2018, and will remain open until December 31, 2018, or until the
adjusted General category quota is reached, whichever comes first.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. Dealers are
required to submit landing reports within 24 hours of a dealer
receiving BFT. Late reporting by dealers compromises NMFS' ability to
timely implement actions such as quota and retention limit adjustment,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
General and HMS Charter/Headboat category vessel owners are required to
report the catch of all BFT retained or discarded dead within 24 hours
of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov
or by using the HMS Catch Reporting app, 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 action (e.g., quota adjustment or
closure) is necessary to ensure available subquotas are 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.
NMFS reminds General category participants that when the fishery
reopens December 1, 2018, the BFT General category daily retention
limit will be one large medium or giant BFT (measuring 73'' or greater)
per vessel per day/trip.
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 quota transfer for the remainder of 2018 is
impracticable and contrary to the public interest as such a delay would
result in continued closure of the General category fishery (because
the available quota has been exceeded) and the need to re-open the
fishery later in the December time period, rather than the fishery
automatically re-opening on December 1. The delay would preclude the
fishery from harvesting BFT that are available on the fishing grounds
and that might otherwise become unavailable during a delay. Therefore,
the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public comment. For these reasons, there also
is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in
effectiveness.
This action is being taken under Sec. 635.27(a)(9) (Inseason
adjustments) and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: November 29, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2018-26325 Filed 11-29-18; 4:15 pm]
BILLING CODE 3510-22-P
