Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 22734-22737 [2019-10455]
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Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Rules and Regulations
information regardless of when they
were licensed or registered:
• Earth station call sign (or IBFS file
number if a registration filed between
April 19, 2018, and October 31, 2018, is
pending);
• Address where the equipment is
typically stored;
• The area within which the
equipment is typically used;
• How often the equipment is used
and the duration of such use (i.e., please
provide examples of typical
deployments, e.g., operation x days a
week at sports arenas within a radius of
y miles of its home base);
• Number of transponders typically
used in the 3.7–4.2 GHz band and extent
of use on both the uplink and downlink;
and
• Licensee/registrant and point of
contact information.9
All earth station operators, including
those exempt from the requirements of
this Public Notice, are required to
update their information in IBFS in the
event of a change in contact information
or any of the operational parameters.10
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Required Space Station Data
Operators with existing FSS space
station licenses with coverage of the
United States or grants of United States
market access in the 3.7–4.2 GHz band
must provide the following information:
• Satellite call sign, name, and orbital
location;
• Expected end-of-life for satellite;
• The approximate dates that any
additional C-band (3.7–4.2 GHz band)
satellites with a currently pending
application in IBFS are planned for
launch to serve the United States market
(note whether this satellite is a
replacement);
• Any additional C-band satellites
that do not have a currently pending
application in IBFS that are planned for
launch to serve the United States market
and the approximate date of such
launch (note whether this satellite is a
replacement);
• For each transponder on each
satellite operating in the 3.7–4.2 GHz
range that is operational and legally
authorized to serve customers in the
United States, provide the following for
the most recent month, i.e., for March
2019:
• The frequency range of the
transponder and the transponder
number; 11
9 See
Order, 33 FCC Rcd 6923–24, paras. 19–21.
Sections 25.117 (Modifications of station
license), 25.118 (Modification not requiring prior
authorization), and 25.171 (Contact information
reporting requirements).
11 For purposes of this information collection,
‘‘transponder number’’ refers to a standard 36
10 See
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• The total capacity (megahertz) and
in terms of the number of megahertz on
each transponder that are currently
under contract (also provide this data
for one month in 2016);
• For each day in March 2019, the
average percentage of each
transponder’s capacity (megahertz)
utilized and the maximum percentage of
capacity utilized on that day. Parties
may supplement this required daily data
for March 2019 with historical trend
data over recent months up to three
years (provide the date range at which
the data was collected) to show
utilization variances; and
• For all data reported regarding
capacity under contract and capacity
utilization, specify the percentage (if
any) only for customers outside of the
United States.
• The center frequency and
bandwidth of the Telemetry Tracking
and Command (TT&C) beam(s); and
• The call sign and geographic
location (using NAD83 coordinates) of
each TT&C receive site.
Filing Procedures
the form or response. If you have any
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reduce the burden it causes you, please
write the Federal Communications
Commission, Office of Managing
Director, AMD PERM, Washington, DC
20554, Paperwork Reduction Act Project
(3060 0678). We will also accept your
PRA comments via the internet if you
send an email to PRA@fcc.gov. Please
DO NOT SEND COMPLETED
CERTIFICATIONS OR DATA TO THIS
ADDRESS.
You are not required to respond to a
collection of information sponsored by
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government may not conduct or sponsor
this collection, unless it displays a
currently valid OMB control number
and/or we fail to provide you with this
document. This collection has been
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This document is required by the
Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995, 44
U.S.C. 3507.
All information required by the Order,
and repeated in the Public Notice, must
be submitted electronically in IBFS,
https://licensing.fcc.gov/myibfs, using
the ‘‘Pleadings and Comments’’ link.
Fixed, temporary fixed, and
transportable earth station licensees
must file certifications as a pleading
type ‘‘C-band certification’’ for each call
sign. Temporary fixed and transportable
earth station licensees and space station
licensees must file the additional earth
station and space station data requested
above using the pleading type ‘‘Other’’
for each call sign.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Paperwork Reduction Act Notice
RIN 0648–HMS–A001
We have estimated that your response
to this collection of information will
take 6 hours per response (additional
information on temporary fixed earth
stations in 3.7–4.2 GHz) and 40 hours
per response (additional information on
space stations in 3.7–4.2 GHz).12 Our
estimate includes the time to read the
instructions, look through existing
records, gather and maintain required
data, and actually complete and review
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
megahertz wide transponder and that transponder
numbering (1–24) is based on the former centerfrequency requirement for C-band space stations.
See 47 CFR 25.211(a) (2014). Although this rule is
no longer in effect, most satellites providing service
to the United States in the 3.7–4.2 GHz band are
configured in accordance with the transponder plan
described in the rule.
12 The earth station certification requirement is
not considered information for purposes of the
Paperwork Reduction Act and as such is not
included in the estimated burden hours. See 5 CFR
1320.3(h)(1).
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[FR Doc. 2019–10412 Filed 5–17–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category retention limit
adjustment.
AGENCY:
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, 2019.
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)
SUMMARY:
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Charter/Headboat category permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
DATES: Effective June 1, 2019, through
August 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260 or
Larry Redd, 301–427–8503.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in Amendment 7 to the 2006
Consolidated Atlantic Highly Migratory
Species Fishery Management Plan (2006
Consolidated HMS FMP) (Amendment
7) (79 FR 71510, December 2, 2014), and
in accordance with implementing
regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
The baseline quota for the General
category is 555.7 mt. See § 635.27(a).
Each of the General category time
periods (January, June through August,
September, October through November,
and December) is allocated a 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: 24.7 mt for
January; 233.3 mt for June through
August; 123.7 mt for September; 60.7 mt
for October through November; and 24.3
mt for December. Any unused General
category quota rolls forward within the
fishing year, which coincides with the
calendar year, from one time period to
the next, and is available for use in
subsequent time periods. This action
would adjust the daily retention limit
for the second time period in 2019, June
through August.
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
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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 2019. 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 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 closure of 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 2018 time period limit
at three fish initially and reduced it to
one fish effective August 23 through
August 31. Due to a combination of fish
availability and extremely favorable
fishing conditions, NMFS needed to
close the General category fishery in the
September subquota time period and the
October through November time period
(including two subsequent reopenings
and closures of the October through
November time period) 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
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22735
the June through August 2019 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 the BFT stock and the
effects of the adjustment on
accomplishing the objectives of the FMP
(§ 635.27(a)(8)(v) and (vi)). The adjusted
retention limit would be consistent with
the quotas established and analyzed in
the 2018 BFT quota final rule, which
implemented the ICCAT quota
consistent with ATCA, 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 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 General category quota
without exceeding it based on the goals
of the 2006 Consolidated HMS FMP and
amendments, including to achieve
optimum yield on a continuing basis
and to optimize the ability of all permit
categories to harvest their full BFT
quota allocations (related to
§ 635.27(a)(8)(x)). 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 2018 show that,
under the three-fish limit that applied
June 1 through August 22, the
proportion of trips that landed one, two,
or three bluefin tuna was as follows: 84
percent landed one; 12 percent landed
two; and 4 percent landed three. 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
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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. Although this may
sometimes be true, 2018 landings data
did not indicate that the fall fishery
could have been extended substantially
through implementation of a lower limit
starting June 1. Requests tend to 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 2018 adjusted U.S.
BFT quota will be carried forward to
2019 to the Reserve category, in
accordance with the regulations, this
summer when complete BFT catch
information for 2018 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 2019 for
December fishery participants, despite
the transfer of 19.5 mt from the 28.9-mt
General category December 2019
subquota period to the January 2019
period (83 FR 67140, December 28,
2018); 26 mt from the Reserve category
effective February 8, 2019 (84 FR 3724,
February 13, 2019); and 25 mt from the
Reserve category effective February 25,
2019 (84 FR 6701, February 28, 2019).
General category landings were
relatively high in the summer and fall
of 2018, due to a combination of fish
availability, favorable fishing
conditions, and higher daily retention
limits. NMFS transferred 60 mt from the
Reserve category (83 FR 447843,
September 21, 2018), transferred 40 mt
from the Harpoon category and 15 mt
from the Reserve category (83 FR 50857,
October 10, 2018), and later transferred
9.9 mt from the Harpoon category and
129.2 mt from the Reserve category (83
FR 62512, December 4, 2018). Although
NMFS needed to close the September
and the October-November fisheries to
prevent further overharvest of the
adjusted 2018 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 2019, through more
proactive inseason management such as
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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 to seven 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 2019
General category limits from the HMS
Advisory Panel at its September 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 2019 subquota period. This limit
would provide a reasonable opportunity
to harvest the full U.S. BFT quota
(including the expected increase in
available 2019 quota based on 2018
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,
2019, through August 31, 2019.
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Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example (and specific
to the June through August 2019 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 three 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. Late reporting
by dealers compromises NMFS’ ability
to timely implement actions such as
quota and retention limit adjustments,
as well as closures, and may result in
enforcement actions. Additionally, and
separate from the dealer reporting
requirement, 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,
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
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
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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.
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 2019 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
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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
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.
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22737
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, 2019, 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 15, 2019.
Kelly L. Denit,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–10455 Filed 5–15–19; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Rules and Regulations]
[Pages 22734-22737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10455]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-HMS-A001
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category retention limit
adjustment.
-----------------------------------------------------------------------
SUMMARY: 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, 2019. 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)
[[Page 22735]]
Charter/Headboat category permitted vessels with a commercial sale
endorsement when fishing commercially for BFT.
DATES: Effective June 1, 2019, through August 31, 2019.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260 or
Larry Redd, 301-427-8503.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in Amendment 7 to the 2006 Consolidated
Atlantic Highly Migratory Species Fishery Management Plan (2006
Consolidated HMS FMP) (Amendment 7) (79 FR 71510, December 2, 2014),
and in accordance with implementing regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest the ICCAT-recommended quota.
The baseline quota for the General category is 555.7 mt. See Sec.
635.27(a). Each of the General category time periods (January, June
through August, September, October through November, and December) is
allocated a 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: 24.7 mt for January; 233.3 mt for June
through August; 123.7 mt for September; 60.7 mt for October through
November; and 24.3 mt for December. Any unused General category quota
rolls forward within the fishing year, which coincides with the
calendar year, from one time period to the next, and is available for
use in subsequent time periods. This action would adjust the daily
retention limit for the second time period in 2019, June through
August.
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 2019. 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 closure of 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
2018 time period limit at three fish initially and reduced it to one
fish effective August 23 through August 31. Due to a combination of
fish availability and extremely favorable fishing conditions, NMFS
needed to close the General category fishery in the September subquota
time period and the October through November time period (including two
subsequent reopenings and closures of the October through November time
period) 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 2019 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 the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the FMP (Sec. 635.27(a)(8)(v) and (vi)). The adjusted retention limit
would be consistent with the quotas established and analyzed in the
2018 BFT quota final rule, which implemented the ICCAT quota consistent
with ATCA, 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 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 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 2018 show that, under the
three-fish limit that applied June 1 through August 22, the proportion
of trips that landed one, two, or three bluefin tuna was as follows: 84
percent landed one; 12 percent landed two; and 4 percent landed three.
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
[[Page 22736]]
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. Although this may
sometimes be true, 2018 landings data did not indicate that the fall
fishery could have been extended substantially through implementation
of a lower limit starting June 1. Requests tend to 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 2018 adjusted U.S.
BFT quota will be carried forward to 2019 to the Reserve category, in
accordance with the regulations, this summer when complete BFT catch
information for 2018 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 2019 for
December fishery participants, despite the transfer of 19.5 mt from the
28.9-mt General category December 2019 subquota period to the January
2019 period (83 FR 67140, December 28, 2018); 26 mt from the Reserve
category effective February 8, 2019 (84 FR 3724, February 13, 2019);
and 25 mt from the Reserve category effective February 25, 2019 (84 FR
6701, February 28, 2019).
General category landings were relatively high in the summer and
fall of 2018, due to a combination of fish availability, favorable
fishing conditions, and higher daily retention limits. NMFS transferred
60 mt from the Reserve category (83 FR 447843, September 21, 2018),
transferred 40 mt from the Harpoon category and 15 mt from the Reserve
category (83 FR 50857, October 10, 2018), and later transferred 9.9 mt
from the Harpoon category and 129.2 mt from the Reserve category (83 FR
62512, December 4, 2018). Although NMFS needed to close the September
and the October-November fisheries to prevent further overharvest of
the adjusted 2018 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 2019, 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 to seven 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 2019 General
category limits from the HMS Advisory Panel at its September 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 2019 subquota period. This limit would provide a reasonable
opportunity to harvest the full U.S. BFT quota (including the expected
increase in available 2019 quota based on 2018 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, 2019, through August 31, 2019.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the June
through August 2019 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 three 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. Late reporting by dealers compromises NMFS' ability to
timely implement actions such as quota and retention limit adjustments,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
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, 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 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
[[Page 22737]]
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 2019 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 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, 2019, 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 15, 2019.
Kelly L. Denit,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-10455 Filed 5-15-19; 4:15 pm]
BILLING CODE 3510-22-P
