Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 26365-26368 [2020-09420]
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Rules and Regulations
OMB Expiration Date: March 31,
2023.
Title: Aeronautical Frequency
Notification, FCC Form 321.
Form Number: FCC Form 321.
Respondents: Business and other forprofit entities; not-for-profit institutions.
Number of Respondents: 1,886
respondents, 1,886 responses.
Estimated Time per Response: 0.67
hours.
Frequency of Response: One time and
on occasion reporting requirements.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in Sections
154(i), 301, 303, 308, 309 and 621 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 1,264 hours.
Total Annual Cost: $132,020.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: Multichannel Video
Programming Distributors (MVPDs)
provide their programming over a
closed system and, thus, may use all
frequencies to do so. They must,
however, prevent leakage of those
signals from the system and guard
against and minimize any harm to
aeronautical communications should
leak occur. Part of the regime for
protecting aeronautical frequencies from
interference and resolving interference
is notification of the Commission of use
of those frequencies and that proper
frequency offsets and other precautions
are taken. Form 321 is used for this
purpose.
The Commission modified this
submission to reflect that the
Commission adopted a rule, 47 CFR
76.1804, which a new trigger for filing
FCC Form 321 (see FCC 17–120,
adopted on September 22, 2017). Under
47 CFR 76.1804, an MVPD shall notify
the Commission before transmitting any
digital signal with average power
exceeding 10¥5 watts across a 30 kHz
bandwidth in a 2.5 millisecond time
period, or for other signal types, any
carrier of other signal component with
an average power level across a 25 kHz
bandwidth in any 160 microsecond time
period equal to or greater than 10¥4
watts at any point in the cable
distribution system on any new
frequency or frequencies in the
aeronautical radio frequency bands
(108–137 MHz, 225–400 MHz). The
notification shall be made on FCC Form
321.
OMB Control Number: 3060–0419.
VerDate Sep<11>2014
16:47 May 01, 2020
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OMB Approval Date: March 31, 2020.
OMB Expiration Date: March 31,
2023.
Title: Network Non-duplication
Protection and Syndication Exclusivity:
Sections 76.94, Notification; 76.95,
Exceptions; 76.105, Notifications;
76.106, Exceptions; 76.107, Exclusivity
Contracts; and 76.1609, NonDuplication and Syndicated Exclusivity.
Form Number: N/A.
Respondents: Business or other forprofit entities.
Number of Respondents: 5,980
respondents; 249,880 responses.
Estimated Time per Response: 0.5 to
2 hours.
Frequency of Response: On occasion
reporting requirement; One-time
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this Information collection
is contained in Section 4(i) of the
Communications Act of 1934, as
amended.
Total Annual Burden: 233,420 hours.
Total Annual Cost: None.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: This information
collection was revised to receive
approval for a minor revision to 47 CFR
76.105(b), which requires broadcasters
entering into contracts that contain
syndicated exclusivity protection to
notify affected cable systems within 60
calendar days of the signing of such a
contract. The revision to 47 CFR
76.105(b) removes outdated language
about contracts entered into before
August 18, 1988 (see FCC 17–120).
OMB Control Number: 3060–1045.
OMB Approval Date: March 31, 2020.
OMB Expiration Date: March 31,
2023.
Title: Section 76.1610, Change of
Operational Information; FCC Form 324,
Operator, Mail Address, and
Operational Status Changes.
Form Number: FCC Form 324.
Respondents: Business or other forprofit entities; not-for-profit institutions.
Number of Respondents: 325
respondents; 325 responses.
Estimated Time per Response: 0.5
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in 154(i), 303,
308, 309 and 621 of the
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26365
Communications Act of 1934, as
amended.
Total Annual Burden: 163 hours.
Total Annual Cost: None.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: The information
collection requirements contained in 47
CFR 76.1610 require that operators shall
inform the Commission on FCC Form
324 whenever there is a change of cable
television system operator; change of
legal name, change of the operator’s
mailing address or FCC Registration
Number (FRN); or change in the
operational status of a cable television
system. Notification must be done
within 30 days from the date the change
occurs and must include the following
information, as appropriate: (a) The
legal name of the operator and whether
the operator is an individual, private
association, partnership, corporation, or
government entity. See Section 76.5(cc).
If the operator is a partnership, the legal
name of the partner responsible for
communications with the Commission
shall be supplied; (b) The assumed
name (if any) used for doing business in
each community; (c) The physical
address, including zip code, and email
address, if applicable, to which all
communications are to be directed; (d)
The nature of the operational status
change (e.g., operation terminated,
merged with another system, inactive,
deleted, etc.); (e) The names and FCC
identifiers (e.g., CA 0001) of the system
communities affected.
The Commission removed 47 CFR
76.1610(f) and (g) from its rules to
remove duplication from that rule
section (see FCC 17–120, adopted on
September 22, 2017).
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
[FR Doc. 2020–07583 Filed 5–1–20; 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; RTID
0648–XA094]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
Angling category retention limit
adjustment.
NMFS has determined that
the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels
permitted in the Highly Migratory
Species (HMS) Angling category and the
HMS Charter/Headboat category (when
fishing recreationally for BFT) should be
adjusted for the remainder of 2020,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments. NMFS is
adjusting the Angling category BFT
daily retention limit from the default of
one school, large school, or small
medium BFT to two school BFT and one
large school/small medium BFT per
vessel per day/trip for private vessels
with HMS Angling category permits; to
three school BFT and one large school/
small medium BFT per vessel per day/
trip for charter boat vessels with HMS
Charter/Headboat permits when fishing
recreationally; and to six school BFT
and two large school/small medium
BFT per vessel per day/trip for headboat
vessels with HMS Charter/Headboat
permits when fishing recreationally.
These retention limits are effective in all
areas, except for the Gulf of Mexico,
where NMFS prohibits targeted fishing
for BFT.
DATES: Effective May 2, 2020 through
December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260, Larry
Redd, 301–427–8503, or Nicholas
Velseboer, 978–675–2168.
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
SUMMARY:
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 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.
As a method for limiting fishing
mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the
annual harvest of BFT measuring less
than 115 centimeters (cm) (45.3 inches)
(straight fork length) to no more than 10
percent by weight of a Contracting
Party’s total BFT quota. Any overharvest
of such tolerance limit from one year
must be subtracted from the tolerance
limit applicable in the next year or the
year after that. NMFS implements this
provision by limiting the harvest of
school BFT (measuring 27 to less than
47 inches curved fork length) as
appropriate to not exceed the 10-percent
limit (127.3 mt) annually.
In 2018, NMFS implemented a final
rule that established the U.S. BFT quota
and subquotas consistent with ICCAT
Recommendation 17–06 (83 FR 53191,
October 11, 2018). The currently
codified baseline U.S. quota is 1,247.86
metric tons (mt) (not including the 25
mt ICCAT allocated to the United States
to account for bycatch of BFT in pelagic
longline fisheries in the Northeast
Distant Gear Restricted Area). See
§ 635.27(a). The currently codified
Angling category quota is 232.4 mt
(127.3 mt for school BFT, 99.8 mt for
large school/small medium BFT, and 5.3
mt for large medium/giant BFT).
The Angling category season opened
January 1, 2020, and continues through
December 31, 2020. The size classes of
BFT are summarized in Table 1. Please
note that large school and small
medium BFT traditionally have been
managed as one size class, as described
below, i.e., a limit of one large school/
small medium BFT (measuring 47 to
less than 73 inches). Currently, the
default Angling category daily retention
limit of one school, large school, or
small medium BFT applies
(§ 635.23(b)(2)). This retention limit
applies to HMS Angling and to HMS
Charter/Headboat category permitted
vessels (when fishing recreationally for
BFT).
As defined at § 600.10, ‘‘charter boat’’
means a vessel less than 100 gross tons
(90.8 mt) that meets the requirements of
the U.S. Coast Guard to carry six or
fewer passengers for hire (i.e.,
uninspected) and ‘‘headboat’’ means a
vessel that holds a valid Certificate of
Inspection issued by the U.S. Coast
Guard to carry passengers for hire (i.e.,
greater than six).
TABLE 1—BFT SIZE CLASSES
Size class
Curved fork length
School ............
27 to less than 47 inches
(68.5 to less than 119 cm).
47 to less than 59 inches
(119 to less than 150 cm).
59 to less than 73 inches
(150 to less than 185 cm).
73 to less than 81 inches
(185 to less than 206 cm).
81 inches or greater (206 cm
or greater).
Large school ..
Small medium
Large medium
Giant ..............
Table 2 summarizes the recreational
quota, subquotas, landings, and
retention limit information for 2018 and
2019, by size class.
TABLE 2—ANGLING CATEGORY QUOTAS (mt), ESTIMATED LANDINGS (mt), AND DAILY RETENTION LIMITS, 2018–2019
2018
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Size class
2019
Amount of
subquotas and
total quota
used
Subquotas
and total quota
(mt)
Subquotas
and total quota
(mt)
Subquotas
and total quota
(mt)
Subquotas
and total quota
(mt)
School ......................................................
Large School/Small Medium ....................
Trophy: Large Medium/Giant ...................
127.3
99.8
5.3
55.8
45.5
11.3
44%
46%
213%
127.3
99.8
5.3
71
95
15.8
56%
95%
298%
Total ..................................................
232.4
112.6
48%
232.4
181.8
78%
Daily Retention Limits (per Vessel) .........
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January 1 through April 25:
1 school, large school, or small medium (default)
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Landings
(mt)
January 1 through May 10:
1 school, large school, or small medium (default)
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Rules and Regulations
26367
TABLE 2—ANGLING CATEGORY QUOTAS (mt), ESTIMATED LANDINGS (mt), AND DAILY RETENTION LIMITS, 2018–2019—
Continued
2018
Size class
Subquotas
and total quota
(mt)
2019
Subquotas
and total quota
(mt)
Subquotas
and total quota
(mt)
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April 26 through December 31:
(83 FR 18230, April 26, 2018)
Private boats:
2 school and 1 large school/small medium
Charter/Headboats:
3 school and 1 large school/small medium
Adjustment of Angling Category Daily
Retention Limit
Under § 635.23(b)(3), NMFS may
increase or decrease the Angling
category retention limit for any size
class of BFT after considering regulatory
determination criteria provided under
§ 635.27(a)(8). Also under § 635.23(b)(3),
recreational retention limits may be
adjusted separately for specific vessel
type, such as private vessels, headboats,
or charter boats.
NMFS has considered all of the
relevant determination criteria and their
applicability to the change in the
Angling category retention limit. The
criteria and their application are
discussed below.
NMFS considered the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)). Biological
samples collected from BFT landed by
recreational fishermen continue to
provide NMFS with valuable parts and
data for ongoing scientific studies of
BFT age and growth, migration, and
reproductive status. Additional
opportunity to land BFT would support
the collection of a broad range of data
for these studies and for stock
monitoring purposes.
NMFS considered the catches of the
Angling category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made
(§ 635.27(a)(8)(ii)). NMFS anticipates
that the full 2020 Angling category
quota would not be harvested under the
default retention limit. As shown in
Table 2, Angling category landings in
2018 and 2019 were approximately 48
percent and 78 percent of the 232.4-mt
annual Angling category quota,
respectively, including landings of 44
percent and 56 percent of the available
school BFT quota, respectively.
NMFS also considered the effects of
the adjustment on the BFT stock and the
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Subquotas
and total quota
(mt)
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Amount of
subquotas and
total quota
used
May 11 through December 31:
(84 FR 20296, May 9, 2010)
Private boats:
2 school and 1 large school/small medium
Charter boats:
3 school and 1 large school/small medium
Headboats:
6 school and 2 large school/small medium
effects of the adjustment on
accomplishing the objectives of the FMP
(§ 635.27(a)(8)(v) and (vi)). These
retention limits would be consistent
with the quotas established and
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 to adhere
to the FMP quota allocations and to
ensure that landings are as consistent as
possible with the pattern of fishing
mortality (e.g., fish caught at each age)
that was assumed in the latest stock
assessment.
Another principal consideration in
setting the retention limit is the
objective of providing opportunities to
harvest the full Angling category quota
without exceeding it based on the goals
of the 2006 Consolidated HMS FMP and
amendments, including to achieve
optimum yield on a continuing basis
and to optimize the ability of all permit
categories to harvest their full BFT
quota allocations (related to
§ 635.27(a)(8)(x)).
The 2019 school BFT landings
represent 6 percent of the total U.S.
quota for 2019, well under the ICCAT
recommended 10-percent limit. Given
that the Angling category landings fell
short of the available quota and
considering the regulatory criteria
above, NMFS has determined that the
Angling category retention limit
applicable to participants on HMS
Angling and HMS Charter/Headboat
category permitted vessels should be
adjusted upwards from the default
levels.
NMFS has also concluded that
implementation of separate limits for
private, charter boat, and headboat
PO 00000
Landings
(mt)
vessels is appropriate, recognizing the
different nature, socio-economic needs,
and recent landings results of the two
components of the recreational BFT
fishery. For example, charter operators
historically have indicated that a multifish retention limit is vital to their
ability to attract customers. In addition,
Large Pelagics Survey estimates indicate
that charter/headboat BFT landings
averaged 27 percent of recent
recreational landings for 2018 through
2019, with the remaining 73 percent
landed by private vessels. NMFS has
further concluded that a higher limit for
headboats (than charter boats) is
appropriate, given the limited number
of headboats participating in the bluefin
tuna fishery.
Given these considerations, for
private vessels with HMS Angling
category permits, this action adjusts the
limit upwards to two school BFT and
one large school/small medium BFT per
vessel per day/trip (i.e., two BFT
measuring 27 to less than 47 inches, and
one BFT measuring 47 to less than 73
inches). For charter boat vessels with
HMS Charter/Headboat permits, this
action adjusts the limit upwards to three
school BFT and one large school/small
medium BFT per vessel per day/trip
when fishing recreationally for BFT (i.e.,
three BFT measuring 27 to less than 47
inches, and one BFT measuring 47 to
less than 73 inches). For headboat
vessels with HMS Charter/Headboat
permits, this action adjusts the limit
upwards to six school BFT and two
large school/small medium BFT per
vessel per day/trip when fishing
recreationally for BFT (i.e., three BFT
measuring 27 to less than 47 inches, and
one BFT measuring 47 to less than 73
inches). Regardless of the duration of a
fishing trip, the daily retention limit
applies upon landing. For example,
whether a private vessel (fishing under
the Angling category retention limit)
takes a two-day trip or makes two trips
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Rules and Regulations
in one day, the day/trip limit of two
school BFT and one large school/small
medium BFT applies and may not be
exceeded upon landing.
NMFS anticipates that the BFT daily
retention limits in this action will result
in landings during 2020 that would not
exceed the available subquotas. Lower
retention limits could result in
substantial underharvest of the codified
Angling category subquota, and
increasing the daily limits further may
risk exceeding the available quota,
contrary to the objectives of the 2006
Consolidated HMS FMP and
amendments. NMFS considered input
on recreational limits from the HMS
Advisory Panel at its May and
September 2019 meetings. NMFS is not
setting higher school BFT limits than
the adjustments listed in Table 1 due to
the potential risk of exceeding the
ICCAT tolerance limit on school BFT
and other considerations, such as
potential effort shifts to BFT fishing as
a result of current recreational retention
limits for New England groundfish and
striped bass.
Monitoring and Reporting
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NMFS will continue to monitor the
BFT fisheries closely through the
mandatory landings and catch reports.
HMS Charter/Headboat and Angling
category vessel owners are required to
report the catch of all BFT retained or
discarded dead, within 24 hours of the
landing(s) or end of each trip, by
accessing hmspermits.noaa.gov, using
the HMS Catch Reporting app, or calling
(888) 872–8862 (Monday through Friday
from 8 a.m. until 4:30 p.m.). Depending
on the level of fishing effort and catch
rates of BFT, NMFS may determine that
additional retention limit adjustments
or closures are necessary to ensure
available quota is not exceeded or to
enhance scientific data collection from,
and fishing opportunities in, all
geographic areas. If needed, subsequent
adjustments will be published in the
Federal Register. In addition, fishermen
may call the Atlantic Tunas Information
Line at (978) 281–9260, or access
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hmspermits.noaa.gov, for updates on
quota monitoring and inseason
adjustments.
HMS Angling and HMS Charter/
Headboat category permit holders may
catch and release (or tag and release)
BFT of all sizes, subject to the
requirements of the catch-and-release
and tag-and-release programs at
§ 635.26. Anglers are also reminded that
all BFT that are released must be
handled in a manner that will maximize
survival, and without removing the fish
from the water, consistent with
requirements at § 635.21(a)(1). For
additional information on safe handling,
see the ‘‘Careful Catch and Release’’
brochure available at https://
www.fisheries.noaa.gov/resource/
outreach-and-education/careful-catchand-release-brochure.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
2006 Consolidated HMS FMP and
amendments provide for inseason
retention limit adjustments to respond
to the unpredictable nature of BFT
availability on the fishing grounds, the
migratory nature of this species, and the
regional variations in the BFT fishery.
Affording prior notice and opportunity
for public comment to implement the
daily retention limit for the remainder
of 2020 at this time is impracticable.
Based on available BFT quotas, fishery
performance in recent years, and the
availability of BFT on the fishing
grounds, immediate adjustment to the
Angling category BFT daily retention
limit from the default levels is
warranted to allow fishermen to take
advantage of the availability of fish and
of quota. NMFS could not have
proposed these actions earlier, as it
needed to consider and respond to
updated data and information from the
2019 Angling category. If NMFS was to
offer a public comment period now,
PO 00000
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Fmt 4700
Sfmt 9990
after having appropriately considered
that data, it would preclude fishermen
from harvesting BFT that are legally
available consistent with all of the
regulatory criteria, and/or could result
in selection of a retention limit
inappropriately high or low for the
amount of quota available for the
period.
Fisheries under the Angling category
daily retention limit are currently
underway and thus prior notice would
be contrary to the public interest. Delays
in increasing daily recreational BFT
retention limit would adversely affect
those HMS Angling and Charter/
Headboat category vessels that would
otherwise have an opportunity to
harvest more than the default retention
limit of one school, large school, or
small medium BFT per day/trip and
may exacerbate the problem of low
catch rates and quota rollovers. Analysis
of available data shows that adjustment
to the BFT daily retention limit from the
default level would result in minimal
risks of exceeding the ICCAT-allocated
quota. NMFS provides notification of
retention limit adjustments by
publishing the notice in the Federal
Register, emailing individuals who have
subscribed to the Atlantic HMS News
electronic newsletter, and updating the
information posted on the Atlantic
Tunas Information Line and on
hmspermits.noaa.gov. Therefore, the AA
finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment. For
these reasons, there also is good cause
under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness.
This action is being taken under
§ 635.23(b)(3), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: April 28, 2020.
He´le`ne M.N. Scalliet,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–09420 Filed 4–29–20; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Rules and Regulations]
[Pages 26365-26368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09420]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XA094]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 26366]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason Angling category retention limit
adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels permitted in the Highly
Migratory Species (HMS) Angling category and the HMS Charter/Headboat
category (when fishing recreationally for BFT) should be adjusted for
the remainder of 2020, based on consideration of the regulatory
determination criteria regarding inseason adjustments. NMFS is
adjusting the Angling category BFT daily retention limit from the
default of one school, large school, or small medium BFT to two school
BFT and one large school/small medium BFT per vessel per day/trip for
private vessels with HMS Angling category permits; to three school BFT
and one large school/small medium BFT per vessel per day/trip for
charter boat vessels with HMS Charter/Headboat permits when fishing
recreationally; and to six school BFT and two large school/small medium
BFT per vessel per day/trip for headboat vessels with HMS Charter/
Headboat permits when fishing recreationally. These retention limits
are effective in all areas, except for the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT.
DATES: Effective May 2, 2020 through December 31, 2020.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260, Larry
Redd, 301-427-8503, or Nicholas Velseboer, 978-675-2168.
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 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.
As a method for limiting fishing mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the annual harvest of BFT measuring
less than 115 centimeters (cm) (45.3 inches) (straight fork length) to
no more than 10 percent by weight of a Contracting Party's total BFT
quota. Any overharvest of such tolerance limit from one year must be
subtracted from the tolerance limit applicable in the next year or the
year after that. NMFS implements this provision by limiting the harvest
of school BFT (measuring 27 to less than 47 inches curved fork length)
as appropriate to not exceed the 10-percent limit (127.3 mt) annually.
In 2018, NMFS implemented a final rule that established the U.S.
BFT quota and subquotas consistent with ICCAT Recommendation 17-06 (83
FR 53191, October 11, 2018). The currently codified baseline U.S. quota
is 1,247.86 metric tons (mt) (not including the 25 mt ICCAT allocated
to the United States to account for bycatch of BFT in pelagic longline
fisheries in the Northeast Distant Gear Restricted Area). See Sec.
635.27(a). The currently codified Angling category quota is 232.4 mt
(127.3 mt for school BFT, 99.8 mt for large school/small medium BFT,
and 5.3 mt for large medium/giant BFT).
The Angling category season opened January 1, 2020, and continues
through December 31, 2020. The size classes of BFT are summarized in
Table 1. Please note that large school and small medium BFT
traditionally have been managed as one size class, as described below,
i.e., a limit of one large school/small medium BFT (measuring 47 to
less than 73 inches). Currently, the default Angling category daily
retention limit of one school, large school, or small medium BFT
applies (Sec. 635.23(b)(2)). This retention limit applies to HMS
Angling and to HMS Charter/Headboat category permitted vessels (when
fishing recreationally for BFT).
As defined at Sec. 600.10, ``charter boat'' means a vessel less
than 100 gross tons (90.8 mt) that meets the requirements of the U.S.
Coast Guard to carry six or fewer passengers for hire (i.e.,
uninspected) and ``headboat'' means a vessel that holds a valid
Certificate of Inspection issued by the U.S. Coast Guard to carry
passengers for hire (i.e., greater than six).
Table 1--BFT Size Classes
------------------------------------------------------------------------
Size class Curved fork length
------------------------------------------------------------------------
School.................................... 27 to less than 47 inches
(68.5 to less than 119 cm).
Large school.............................. 47 to less than 59 inches
(119 to less than 150 cm).
Small medium.............................. 59 to less than 73 inches
(150 to less than 185 cm).
Large medium.............................. 73 to less than 81 inches
(185 to less than 206 cm).
Giant..................................... 81 inches or greater (206 cm
or greater).
------------------------------------------------------------------------
Table 2 summarizes the recreational quota, subquotas, landings, and
retention limit information for 2018 and 2019, by size class.
Table 2--Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2018-2019
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2018 2019
-----------------------------------------------------------------------------------------------
Amount of
Size class Subquotas and Subquotas and Subquotas and Subquotas and subquotas and
total quota total quota total quota total quota Landings (mt) total quota
(mt) (mt) (mt) (mt) used
--------------------------------------------------------------------------------------------------------------------------------------------------------
School.................................................. 127.3 55.8 44% 127.3 71 56%
Large School/Small Medium............................... 99.8 45.5 46% 99.8 95 95%
Trophy: Large Medium/Giant.............................. 5.3 11.3 213% 5.3 15.8 298%
-----------------------------------------------------------------------------------------------
Total............................................... 232.4 112.6 48% 232.4 181.8 78%
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Daily Retention Limits (per Vessel)..................... January 1 through April 25:
1 school, large school, or small medium
(default)
January 1 through May 10:
1 school, large school, or small medium
(default)
[[Page 26367]]
April 26 through December 31:
(83 FR 18230, April 26, 2018)
Private boats:
2 school and 1 large school/small medium
May 11 through December 31:
(84 FR 20296, May 9, 2010)
Private boats:
2 school and 1 large school/small medium
Charter/Headboats:
3 school and 1 large school/small medium
Charter boats:
3 school and 1 large school/small medium
Headboats:
6 school and 2 large school/small medium
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Adjustment of Angling Category Daily Retention Limit
Under Sec. 635.23(b)(3), NMFS may increase or decrease the Angling
category retention limit for any size class of BFT after considering
regulatory determination criteria provided under Sec. 635.27(a)(8).
Also under Sec. 635.23(b)(3), recreational retention limits may be
adjusted separately for specific vessel type, such as private vessels,
headboats, or charter boats.
NMFS has considered all of the relevant determination criteria and
their applicability to the change in the Angling category retention
limit. The criteria and their application are discussed below.
NMFS considered the usefulness of information obtained from catches
in the particular category for biological sampling and monitoring of
the status of the stock (Sec. 635.27(a)(8)(i)). Biological samples
collected from BFT landed by recreational fishermen continue to provide
NMFS with valuable parts and data for ongoing scientific studies of BFT
age and growth, migration, and reproductive status. Additional
opportunity to land BFT would support the collection of a broad range
of data for these studies and for stock monitoring purposes.
NMFS considered the catches of the Angling category quota to date
and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(8)(ii)). NMFS anticipates that the
full 2020 Angling category quota would not be harvested under the
default retention limit. As shown in Table 2, Angling category landings
in 2018 and 2019 were approximately 48 percent and 78 percent of the
232.4-mt annual Angling category quota, respectively, including
landings of 44 percent and 56 percent of the available school BFT
quota, respectively.
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)). These retention limits 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 to adhere
to the FMP quota allocations and to ensure that landings are as
consistent as possible with the pattern of fishing mortality (e.g.,
fish caught at each age) that was assumed in the latest stock
assessment.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the full Angling
category quota without exceeding it based on the goals of the 2006
Consolidated HMS FMP and amendments, including to achieve optimum yield
on a continuing basis and to optimize the ability of all permit
categories to harvest their full BFT quota allocations (related to
Sec. 635.27(a)(8)(x)).
The 2019 school BFT landings represent 6 percent of the total U.S.
quota for 2019, well under the ICCAT recommended 10-percent limit.
Given that the Angling category landings fell short of the available
quota and considering the regulatory criteria above, NMFS has
determined that the Angling category retention limit applicable to
participants on HMS Angling and HMS Charter/Headboat category permitted
vessels should be adjusted upwards from the default levels.
NMFS has also concluded that implementation of separate limits for
private, charter boat, and headboat vessels is appropriate, recognizing
the different nature, socio-economic needs, and recent landings results
of the two components of the recreational BFT fishery. For example,
charter operators historically have indicated that a multi-fish
retention limit is vital to their ability to attract customers. In
addition, Large Pelagics Survey estimates indicate that charter/
headboat BFT landings averaged 27 percent of recent recreational
landings for 2018 through 2019, with the remaining 73 percent landed by
private vessels. NMFS has further concluded that a higher limit for
headboats (than charter boats) is appropriate, given the limited number
of headboats participating in the bluefin tuna fishery.
Given these considerations, for private vessels with HMS Angling
category permits, this action adjusts the limit upwards to two school
BFT and one large school/small medium BFT per vessel per day/trip
(i.e., two BFT measuring 27 to less than 47 inches, and one BFT
measuring 47 to less than 73 inches). For charter boat vessels with HMS
Charter/Headboat permits, this action adjusts the limit upwards to
three school BFT and one large school/small medium BFT per vessel per
day/trip when fishing recreationally for BFT (i.e., three BFT measuring
27 to less than 47 inches, and one BFT measuring 47 to less than 73
inches). For headboat vessels with HMS Charter/Headboat permits, this
action adjusts the limit upwards to six school BFT and two large
school/small medium BFT per vessel per day/trip when fishing
recreationally for BFT (i.e., three BFT measuring 27 to less than 47
inches, and one BFT measuring 47 to less than 73 inches). Regardless of
the duration of a fishing trip, the daily retention limit applies upon
landing. For example, whether a private vessel (fishing under the
Angling category retention limit) takes a two-day trip or makes two
trips
[[Page 26368]]
in one day, the day/trip limit of two school BFT and one large school/
small medium BFT applies and may not be exceeded upon landing.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2020 that would not exceed the available
subquotas. Lower retention limits could result in substantial
underharvest of the codified Angling category subquota, and increasing
the daily limits further may risk exceeding the available quota,
contrary to the objectives of the 2006 Consolidated HMS FMP and
amendments. NMFS considered input on recreational limits from the HMS
Advisory Panel at its May and September 2019 meetings. NMFS is not
setting higher school BFT limits than the adjustments listed in Table 1
due to the potential risk of exceeding the ICCAT tolerance limit on
school BFT and other considerations, such as potential effort shifts to
BFT fishing as a result of current recreational retention limits for
New England groundfish and striped bass.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely through the
mandatory landings and catch reports. HMS Charter/Headboat and Angling
category vessel owners are required to report the catch of all BFT
retained or discarded dead, within 24 hours of the landing(s) or end of
each trip, by accessing hmspermits.noaa.gov, using the HMS Catch
Reporting app, or calling (888) 872-8862 (Monday through Friday from 8
a.m. until 4:30 p.m.). Depending on the level of fishing effort and
catch rates of BFT, NMFS may determine that additional retention limit
adjustments or closures are necessary to ensure available quota is not
exceeded or to enhance scientific data collection from, and fishing
opportunities in, all geographic areas. If needed, subsequent
adjustments will be published in the Federal Register. In addition,
fishermen may call the Atlantic Tunas Information Line at (978) 281-
9260, or access hmspermits.noaa.gov, for updates on quota monitoring
and inseason adjustments.
HMS Angling and HMS Charter/Headboat category permit holders may
catch and release (or tag and release) BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs at
Sec. 635.26. Anglers are also reminded that all BFT that are released
must be handled in a manner that will maximize survival, and without
removing the fish from the water, consistent with requirements at Sec.
635.21(a)(1). For additional information on safe handling, see the
``Careful Catch and Release'' brochure available at https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason retention limit adjustments to respond
to the unpredictable nature of BFT availability on the fishing grounds,
the migratory nature of this species, and the regional variations in
the BFT fishery. Affording prior notice and opportunity for public
comment to implement the daily retention limit for the remainder of
2020 at this time is impracticable. Based on available BFT quotas,
fishery performance in recent years, and the availability of BFT on the
fishing grounds, immediate adjustment to the Angling category BFT daily
retention limit from the default levels is warranted to allow fishermen
to take advantage of the availability of fish and of quota. NMFS could
not have proposed these actions earlier, as it needed to consider and
respond to updated data and information from the 2019 Angling category.
If NMFS was to offer a public comment period now, after having
appropriately considered that data, it would preclude fishermen from
harvesting BFT that are legally available consistent with all of the
regulatory criteria, and/or could result in selection of a retention
limit inappropriately high or low for the amount of quota available for
the period.
Fisheries under the Angling category daily retention limit are
currently underway and thus prior notice would be contrary to the
public interest. Delays in increasing daily recreational BFT retention
limit would adversely affect those HMS Angling and Charter/Headboat
category vessels that would otherwise have an opportunity to harvest
more than the default retention limit of one school, large school, or
small medium BFT per day/trip and may exacerbate the problem of low
catch rates and quota rollovers. Analysis of available data shows that
adjustment to the BFT daily retention limit from the default level
would result in minimal risks of exceeding the ICCAT-allocated quota.
NMFS provides notification of retention limit adjustments by publishing
the notice in the Federal Register, emailing individuals who have
subscribed to the Atlantic HMS News electronic newsletter, and updating
the information posted on the Atlantic Tunas Information Line and on
hmspermits.noaa.gov. Therefore, the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the opportunity for public comment.
For these reasons, there also is good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under Sec. 635.23(b)(3), and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: April 28, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-09420 Filed 4-29-20; 4:15 pm]
BILLING CODE 3510-22-P
