Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 17-19 [2019-28271]
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Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02: RTID
0648–XT031]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 19.5
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the 28.9-mt General
category December 2020 subquota to the
January 2020 subquota period (from
January 1 through March 31, 2020, or
until the available subquota for this
period is reached, whichever comes
first). 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 January 1, 2020,
through March 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260,
Nicholas Velseboer, 978–675–2168, 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)
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
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
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and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
The base 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
‘‘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 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.
Transfer of 19.5 mt From the December
2020 Subquota to the January 2020
Subquota
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering regulatory determination
criteria provided under § 635.27(a)(8).
NMFS has considered all of the relevant
determination criteria and their
applicability to this inseason quota.
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 tuna dealers provides
NMFS with valuable parts and data for
ongoing scientific studies of BFT age
and growth, migration, and reproductive
status. Additional opportunity to land
BFT, and potentially over a greater
portion of the January time period,
would support the continued 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 in December 2019 and during
the winter fishery 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)).
Without a quota transfer from December
2020 to January 2020 for the General
category at this time, the quota available
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17
for the January period would be 29.5 mt
(5.3 percent of the General category
quota), and participants would have to
stop BFT fishing activities once that
amount is met, while commercial-sized
BFT may remain available in the areas
where General category permitted
vessels operate. Transferring 19.5 mt of
the 28.9-mt quota available for
December 2020 (with 28.9 mt
representing 5.2 percent of the General
category quota) would result in 49 mt
(8.8 percent of the General category
quota) being available for the January
2020 subquota period. This quota
transfer would provide additional
opportunities to harvest the U.S. BFT
quota without exceeding it, while
preserving the opportunity for General
category fishermen to participate in the
winter BFT fishery at both the beginning
and end of the calendar year.
Regarding the projected ability of the
vessels fishing under the particular
category quota (here, the General
category) to harvest the additional
amount of BFT before the end of the
fishing year (§ 635.27(a)(8)(iii)), NMFS
considered General category landings
over the last several years. General
category landings in the winter BFT
fishery tend to straddle the calendar
year as BFT may be available in late
November/December and into January
of the following year or later. Landings
are highly variable and depend on
access to commercial-sized BFT and
fishing conditions, among other factors.
Any unused General category quota
from the January subperiod that remains
as of March 31 will roll forward to the
next subperiod within the calendar year
(i.e., the June–August time period). In
late 2018, NMFS transferred 19.5 mt of
quota from the December 2019 subquota
to the January 2019 subquota period,
resulting in a subquota of 49 mt for the
January 2019 period and a subquota of
9.4 mt for the December 2019 period (83
FR 67140, December 28, 2018). NMFS
also made two transfers in 2019 of 26 mt
and 25 mt from the Reserve to the
General category effective February 8
and February 25, respectively, resulting
in an adjusted subquota of 100 mt for
the January 2019 period (84 FR 3724,
February 13, 2019; 84 FR 6701, February
28, 2019), and closed the General
category fishery for the January
subquota period effective February 28
(84 FR 7302, March 4, 2019). Under a
one-fish General category daily
retention limit (i.e., of large medium or
giant BFT, measuring 73 inches (185
cm) curved fork length or greater)
effective January 1 through February 28,
a total of 108.9 mt were landed.
NMFS also considered the estimated
amounts by which quotas for other gear
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Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations
categories of the fishery might be
exceeded (§ 635.27(a)(8)(iv)) and the
ability to account for all 2019 landings
and dead discards. In the last several
years, total U.S. BFT landings have been
below the 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
2020 landings and dead discards within
the adjusted U.S. quota, consistent with
ICCAT recommendations, and
anticipates having sufficient quota to do
that.
NMFS also considered the effects of
the adjustment on the BFT stock and the
effects of the transfer on accomplishing
the objectives of the FMP
(§ 635.27(a)(8)(v) and (vi)). This transfer
would be consistent with the current
quotas, which were established and
analyzed in the 2018 BFT quota final
rule (83 FR 51391, October 11, 2018),
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. 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)). Specific to the
General category, this includes
providing opportunity equitably across
all time periods.
NMFS also anticipates that some
underharvest of the 2019 adjusted U.S.
BFT quota will be carried forward to
2020 and placed in the Reserve
category, in accordance with the
regulations. This, in addition to the fact
that any unused General category quota
will roll forward to the next subperiod
within the calendar year, as well as
NMFS’ plan to actively manage the
subquotas to avoid any exceedances,
makes it likely that General category
quota will remain available through the
end of 2020 for December fishery
participants, even with the quota
transfer. NMFS also may choose to
transfer unused quota from the Reserve
or other categories, inseason, based on
consideration of the determination
criteria, as NMFS did for late 2019.
NMFS anticipates that General category
participants in all areas and time
periods will have opportunities to
harvest the General category quota in
2020, through active inseason
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management actions such as retention
limit adjustments and/or the timing of
quota transfers, as practicable.
Based on the considerations above,
NMFS is transferring 19.5 mt of the
28.9-mt General category quota
allocated for the December 2020 period
to the January 2020 period, resulting in
a subquota of 49 mt for the January 2020
period and a subquota of 9.4 mt for the
December 2020 period. NMFS will close
the General category fishery when the
adjusted January period subquota of 49
mt has been reached, or it will close
automatically on March 31, 2020,
whichever comes first, and it will
remain closed until the General category
fishery reopens on June 1, 2020.
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.).
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant bluefin
tuna 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). However, at this time,
NMFS is maintaining the default daily
retention limit of one large medium or
giant BFT per vessel per day/trip
(§ 635.23(a)(2)) for the January 2020
General category fishery. Regardless of
the duration of a fishing trip, no more
than a single day’s retention limit may
be possessed, retained, or landed. For
example (and specific to the limit that
will apply beginning January 1, 2020),
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 one 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
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sale endorsement when fishing
commercially for BFT.
Depending on the level of fishing
effort and catch rates of BFT including
catches of the General category quota
during the winter fishery, NMFS may
determine that additional action (e.g.,
quota adjustment, daily retention limit
adjustment, or closure) is necessary to
enhance scientific data collection from,
and fishing opportunities in, all
geographic areas, and to ensure
available subquotas are not exceeded. 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.
Affording prior notice and opportunity
for public comment to implement the
quota transfer for the January 2020
subquota period at this time is
impracticable and contrary to the public
interest as NMFS could not have
proposed this action earlier, as it needed
to consider and respond to updated data
and information from the 2019 General
category fishery, including the recentlyavailable December 2019 data, in
deciding to transfer a portion of the
December 2020 subquota to the January
2020 subquota. If NMFS was to offer a
public comment period now, after
having appropriately considered that
data, it could preclude fishermen from
harvesting BFT that are legally available
consistent with all of the regulatory
criteria, and/or could result in selection
of a retention limit inappropriately high
for the amount of quota available for the
period. 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
§ 635.27(a)(9) (Inseason adjustments),
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Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 26, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–28271 Filed 12–31–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180713633–9174–02; RTID
0648–XY059]
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2020 Bering Sea and Aleutian
Islands Pollock, Atka Mackerel, and
Pacific Cod Total Allowable Catch
Amounts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
AGENCY:
NMFS is adjusting the 2020
total allowable catch (TAC) amounts for
the Bering Sea and Aleutian Islands
(BSAI) pollock, Atka mackerel, and
Pacific cod fisheries. This action is
necessary because NMFS has
determined these TACs are incorrectly
specified, and will ensure the BSAI
pollock, Atka mackerel, and Pacific cod
TACs are the appropriate amounts based
on the best available scientific
information. This action is consistent
with the goals and objectives of the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), December 31, 2019,
until the effective date of the final 2020
and 2021 harvest specifications for BSAI
groundfish, unless otherwise modified
or superseded through publication of a
notification in the Federal Register.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., January 17, 2020.
ADDRESSES: Submit your comments,
identified by NOAA–NMFS–2018–0089,
by either of the following methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180089, click the ‘‘Comment Now!’’ icon,
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complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records. Mail comments to P.O. Box
21668, Juneau, AK 99802–1668.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record,
and NMFS will post the comments for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
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.
The final 2019 and 2020 harvest
specifications for groundfish in the
BSAI (84 FR 9000, March 13, 2019) set
the 2020 Aleutian Islands (AI) pollock
TAC at 19,000 metric tons (mt), the 2020
Bering Sea (BS) pollock TAC at
1,420,000 mt, the 2020 BSAI Atka
mackerel TAC at 53,635 mt, the 2019 BS
Pacific cod TAC at 124,625 mt, and the
2019 AI Pacific cod TAC at 14,214 mt.
Also set was a 2020 AI pollock ABC of
55,125 mt and a Western Aleutian
Islands limit for Pacific cod at 15.7
percent of the AI Pacific cod ABC minus
the State of Alaska’s guideline harvest
level. In December 2019, the North
Pacific Fishery Management Council
(Council) recommended a 2020 BS
pollock TAC of 1,425,000 mt, which is
more than the 1,420,000 mt TAC
established by the final 2019 and 2020
harvest specifications for groundfish in
the BSAI. The Council also
recommended decreasing the AI pollock
ABC to 55,120 mt from 55,125 mt. This
decreases some 2020 area and seasonal
limits for AI pollock. The Council also
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recommended a 2020 BSAI Atka
mackerel TAC of 59,305 mt, which is
more than the 53,635 mt TAC
established by the final 2019 and 2020
harvest specifications for groundfish in
the BSAI. Furthermore, the Council
recommended a 2020 BS Pacific cod
TAC of 141,799 mt, and an AI Pacific
cod TAC of 13,796 mt, which is more
than the BS Pacific cod TAC of 124,625
mt, and less than the AI Pacific cod TAC
of 14,214 mt established by the final
2019 and 2020 harvest specifications for
groundfish in the BSAI. In addition to
changes in TACs, the Council
recommended the same percentage limit
of Western Aleutian Islands Pacific cod
of 15.7 percent of the AI Pacific cod
ABC minus the State of Alaska’s
guideline harvest level. The Council’s
recommended 2020 TACs, and the area
and seasonal apportionments, are based
on the Stock Assessment and Fishery
Evaluation report (SAFE), dated
November 2019, which NMFS has
determined is the best available
scientific information for these fisheries.
Steller sea lions occur in the same
location as the pollock, Atka mackerel,
and Pacific cod fisheries and are listed
as endangered under the Endangered
Species Act (ESA). Pollock, Atka
mackerel, and Pacific cod are a
principal prey species for Steller sea
lions in the BSAI. The seasonal
apportionment of pollock, Atka
mackerel, and Pacific cod harvest is
necessary to ensure the groundfish
fisheries are not likely to cause jeopardy
of extinction or adverse modification of
critical habitat for Steller sea lions.
NMFS published regulations and the
revised harvest limit amounts for
pollock, Atka mackerel, and Pacific cod
fisheries to implement Steller sea lion
protection measures to insure that
groundfish fisheries of the BSAI are not
likely to jeopardize the continued
existence of the western distinct
population segment of Steller sea lions
or destroy or adversely modify their
designated critical habitat (79 FR 70286,
November 25, 2014). The regulations at
§ 679.20(a)(5)(i) and (iii) specify how the
BS and AI pollock TAC will be
apportioned. The regulations at
§ 679.20(a)(7) specify how the BSAI
Pacific cod TAC will be apportioned.
The regulations at § 679.20(a)(8) specify
how the BSAI Atka mackerel TAC will
be apportioned.
In accordance with § 679.25(a)(1)(iii),
(a)(2)(i)(B), and (a)(2)(iv), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that, based on the November
2019 SAFE report for this fishery, the
current BSAI pollock, Atka mackerel,
and Pacific cod TACs are incorrectly
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]]>Agencies
[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Rules and Regulations]
[Pages 17-19]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28271]
[[Page 17]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02: RTID 0648-XT031]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 19.5 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the 28.9-mt General category December 2020
subquota to the January 2020 subquota period (from January 1 through
March 31, 2020, or until the available subquota for this period is
reached, whichever comes first). 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 January 1, 2020, through March 31, 2020.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260,
Nicholas Velseboer, 978-675-2168, 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) 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 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.
The base 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 ``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 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.
Transfer of 19.5 mt From the December 2020 Subquota to the January 2020
Subquota
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering regulatory
determination criteria provided under Sec. 635.27(a)(8). NMFS has
considered all of the relevant determination criteria and their
applicability to this inseason quota. 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
tuna dealers provides NMFS with valuable parts and data for ongoing
scientific studies of BFT age and growth, migration, and reproductive
status. Additional opportunity to land BFT, and potentially over a
greater portion of the January time period, would support the continued
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 in December 2019 and during the winter fishery 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)). Without
a quota transfer from December 2020 to January 2020 for the General
category at this time, the quota available for the January period would
be 29.5 mt (5.3 percent of the General category quota), and
participants would have to stop BFT fishing activities once that amount
is met, while commercial-sized BFT may remain available in the areas
where General category permitted vessels operate. Transferring 19.5 mt
of the 28.9-mt quota available for December 2020 (with 28.9 mt
representing 5.2 percent of the General category quota) would result in
49 mt (8.8 percent of the General category quota) being available for
the January 2020 subquota period. This quota transfer would provide
additional opportunities to harvest the U.S. BFT quota without
exceeding it, while preserving the opportunity for General category
fishermen to participate in the winter BFT fishery at both the
beginning and end of the calendar year.
Regarding the projected ability of the vessels fishing under the
particular category quota (here, the General category) to harvest the
additional amount of BFT before the end of the fishing year (Sec.
635.27(a)(8)(iii)), NMFS considered General category landings over the
last several years. General category landings in the winter BFT fishery
tend to straddle the calendar year as BFT may be available in late
November/December and into January of the following year or later.
Landings are highly variable and depend on access to commercial-sized
BFT and fishing conditions, among other factors. Any unused General
category quota from the January subperiod that remains as of March 31
will roll forward to the next subperiod within the calendar year (i.e.,
the June-August time period). In late 2018, NMFS transferred 19.5 mt of
quota from the December 2019 subquota to the January 2019 subquota
period, resulting in a subquota of 49 mt for the January 2019 period
and a subquota of 9.4 mt for the December 2019 period (83 FR 67140,
December 28, 2018). NMFS also made two transfers in 2019 of 26 mt and
25 mt from the Reserve to the General category effective February 8 and
February 25, respectively, resulting in an adjusted subquota of 100 mt
for the January 2019 period (84 FR 3724, February 13, 2019; 84 FR 6701,
February 28, 2019), and closed the General category fishery for the
January subquota period effective February 28 (84 FR 7302, March 4,
2019). Under a one-fish General category daily retention limit (i.e.,
of large medium or giant BFT, measuring 73 inches (185 cm) curved fork
length or greater) effective January 1 through February 28, a total of
108.9 mt were landed.
NMFS also considered the estimated amounts by which quotas for
other gear
[[Page 18]]
categories of the fishery might be exceeded (Sec. 635.27(a)(8)(iv))
and the ability to account for all 2019 landings and dead discards. In
the last several years, total U.S. BFT landings have been below the
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 2020 landings and dead discards
within the adjusted U.S. quota, consistent with ICCAT recommendations,
and anticipates having sufficient quota to do that.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the transfer on accomplishing the objectives of the
FMP (Sec. 635.27(a)(8)(v) and (vi)). This transfer would be consistent
with the current quotas, which were established and analyzed in the
2018 BFT quota final rule (83 FR 51391, October 11, 2018), 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. 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)). Specific to the General category, this
includes providing opportunity equitably across all time periods.
NMFS also anticipates that some underharvest of the 2019 adjusted
U.S. BFT quota will be carried forward to 2020 and placed in the
Reserve category, in accordance with the regulations. This, in addition
to the fact that any unused General category quota will roll forward to
the next subperiod within the calendar year, as well as NMFS' plan to
actively manage the subquotas to avoid any exceedances, makes it likely
that General category quota will remain available through the end of
2020 for December fishery participants, even with the quota transfer.
NMFS also may choose to transfer unused quota from the Reserve or other
categories, inseason, based on consideration of the determination
criteria, as NMFS did for late 2019. NMFS anticipates that General
category participants in all areas and time periods will have
opportunities to harvest the General category quota in 2020, through
active inseason management actions such as retention limit adjustments
and/or the timing of quota transfers, as practicable.
Based on the considerations above, NMFS is transferring 19.5 mt of
the 28.9-mt General category quota allocated for the December 2020
period to the January 2020 period, resulting in a subquota of 49 mt for
the January 2020 period and a subquota of 9.4 mt for the December 2020
period. NMFS will close the General category fishery when the adjusted
January period subquota of 49 mt has been reached, or it will close
automatically on March 31, 2020, whichever comes first, and it will
remain closed until the General category fishery reopens on June 1,
2020.
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.).
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant bluefin tuna 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). However, at this
time, NMFS is maintaining the default daily retention limit of one
large medium or giant BFT per vessel per day/trip (Sec. 635.23(a)(2))
for the January 2020 General category fishery. Regardless of the
duration of a fishing trip, no more than a single day's retention limit
may be possessed, retained, or landed. For example (and specific to the
limit that will apply beginning January 1, 2020), 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 one 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.
Depending on the level of fishing effort and catch rates of BFT
including catches of the General category quota during the winter
fishery, NMFS may determine that additional action (e.g., quota
adjustment, daily retention limit adjustment, or closure) is necessary
to enhance scientific data collection from, and fishing opportunities
in, all geographic areas, and to ensure available subquotas are not
exceeded. 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. Affording prior notice and opportunity for public
comment to implement the quota transfer for the January 2020 subquota
period at this time is impracticable and contrary to the public
interest as NMFS could not have proposed this action earlier, as it
needed to consider and respond to updated data and information from the
2019 General category fishery, including the recently-available
December 2019 data, in deciding to transfer a portion of the December
2020 subquota to the January 2020 subquota. If NMFS was to offer a
public comment period now, after having appropriately considered that
data, it could preclude fishermen from harvesting BFT that are legally
available consistent with all of the regulatory criteria, and/or could
result in selection of a retention limit inappropriately high for the
amount of quota available for the period. 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),
[[Page 19]]
and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: December 26, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-28271 Filed 12-31-19; 8:45 am]
BILLING CODE 3510-22-P
