80_FR_45243 80 FR 45098 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

80 FR 45098 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range45098-45100
FR Document2015-18584

NMFS is transferring 34 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Longline category for the remainder of the 2015 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to eligible Atlantic Tunas Longline category (commercial) permitted vessels. As a result of this transfer, current vessel accounts with IBQ will be distributed 0.25 mt of Individual Bluefin Quota (IBQ) allocation each.

Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015)
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Pages 45098-45100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18584]



[[Page 45098]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120328229-4949-02]
RIN 0648-XE007


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason quota transfer.

-----------------------------------------------------------------------

SUMMARY: NMFS is transferring 34 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the Longline category for 
the remainder of the 2015 fishing year. This action is based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments, and applies to eligible Atlantic Tunas Longline 
category (commercial) permitted vessels. As a result of this transfer, 
current vessel accounts with IBQ will be distributed 0.25 mt of 
Individual Bluefin Quota (IBQ) allocation each.

DATES: Effective July 28, 2015 through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Tom Warren or Brad McHale, 978-281-
9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by 
persons and vessels subject to U.S. jurisdiction are found at 50 CFR 
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) among the various domestic fishing categories, per the 
allocations established in the 2006 Consolidated 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), and 
in accordance with implementing regulations.
    The currently codified baseline U.S. quota is 923.7 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). Among other things, Amendment 7 revised the 
allocations to all quota categories, implemented an IBQ system, and 
added additional regulatory determination criteria for inseason (or 
annual) adjustments to BFT quota (see Sec.  635.27(a)(8), effective 
January 1, 2015).
    The 2015 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual quota, began January 1, 2015. The 
Longline category was provided 137.3 mt of BFT quota, which was 
distributed among vessel accounts, (i.e. those which met the initial 
eligibility criteria implemented by Amendment 7). The Longline category 
season continues through December 31, 2015. On February 10, 2015, NMFS 
reallocated quota from the Purse Seine category to the Reserve category 
based on the amount of 2014 catch of BFT by Purse Seine vessels (80 FR 
7547; February 11, 2015). Currently, the Reserve category quota is 
108.8 mt.
    Under Sec.  635.15(b)(5)(ii), as implemented through Amendment 7, 
additional IBQ may be allocated to vessels with BFT quota share after 
the initial annual allocations if the U.S. baseline quota increases as 
a result of an ICCAT recommendation or as a result of a transfer of 
quota from the Reserve category to the Longline category, pursuant to 
criteria for quota adjustments. NMFS has considered those criteria in 
relation to the 2015 and 2016 Longline category fishery and have 
determined that a quota transfer is warranted, as explained below. 
Consistent with the criteria for quota adjustments, this action is 
intended to increase the amount of quota available to pelagic longline 
permitted vessels with IBQ, and therefore help vessel owners account 
for BFT landings and dead discards while fostering conditions in which 
permit holders become more willing to lease IBQ. The revised Longline 
category quota would support the broader objectives of Amendment 7, 
which include reducing BFT interactions and dead discards while 
maintaining an economically viable swordfish and yellowfin directed 
fishery.
    Under Amendment 7, a vessel must have IBQ to account for its BFT 
landings and dead discards. If a vessel has insufficient IBQ to account 
for such landings and dead discards, it goes into ``quota debt.'' 
Starting in 2016, a permitted vessel will not be allowed to fish in the 
Longline category if it has outstanding quota debt. In 2015 only, 
however, the vessel may continue to fish but will accrue quota debt 
that must be accounted for at the end of the year. If by the end of 
2015, a permitted vessel does not have adequate IBQ allocation to 
settle its debt, the allocation will be reduced in the subsequent year 
or years until the quota debt is fully resolved.
    Approximately one-fifth of active pelagic longline vessels 
currently have outstanding quota debt, and quota leasing among fishery 
participants has been limited. NMFS suspects the reason for the limited 
quota leasing is because the leasing program is so new, and 
shareholders may be unwilling to lease quota to other shareholders 
because they do not know if they will have sufficient quota to account 
for any BFT they may catch. Thus, leasing may be perceived as 
relatively risky from a business perspective.
    As of July 8, 2015, ten vessels are in quota debt, ranging from 108 
lb (0.05 mt) to 2,912 lb (1.3 mt), with an average of 1,405 lb (0.64 
mt) debt (and a total of 14,045 lb (6.4 mt)). Based on preliminary 
information, the ten vessels represent 22 percent of the active vessels 
(monthly average of 45 active vessels in 2015 to date). As of July 8, 
2015, there were a total of 18 allocation leases (16 involving Longline 
category participants and two between Purse Seine category 
participants), however only four of those leases involved participants 
with quota debt. Some vessel owners have stated that they have been 
unable to lease quota from other IBQ shareholders, because of lack of 
willingness of those owners, and these small businesses face 
uncertainty in their operations because they do not know if they will 
have sufficient quota to account for BFT they may catch. Because the 
leasing program is so new, IBQ shareholders may be reluctant to lease 
quota to other vessels because they do not know if they will have 
sufficient quota to account for any bluefin tuna they may catch.
    Any adjustments to quotas must be based on consideration of the 
relevant criteria provided under Sec.  635.27(a)(8), which include: The 
usefulness of information obtained from catches in the particular 
category for biological sampling and monitoring of the status of the 
stock; the catches of the particular category quota to date and the 
likelihood of closure of that segment of the fishery if no adjustment 
is made; the projected ability of the vessels fishing under the 
particular category quota to harvest the additional amount of BFT 
before the end of the fishing year; the estimated amounts by which 
quotas for other gear categories of the fishery might be exceeded; 
effects of the adjustment on BFT rebuilding and overfishing; effects of 
the adjustment on accomplishing the objectives of the fishery 
management plan; variations in

[[Page 45099]]

seasonal distribution, abundance, or migration patterns of BFT; effects 
of catch rates in one area precluding vessels in another area from 
having a reasonable opportunity to harvest a portion of the category's 
quota; review of dealer reports, daily landing trends, and the 
availability of the BFT on the fishing grounds; optimizing fishing 
opportunity; accounting for dead discards, facilitating quota 
monitoring, supporting other fishing monitoring programs through quota 
allocations and/or generation of revenue; and support of research 
through quota allocations and/or generation of revenue.
    Regarding the determination criteria about accounting for dead 
discards and variations in seasonal distribution or abundance, a quota 
transfer from the Reserve category to the Longline category would 
contribute toward full accounting of BFT catch by vessels that have 
quota debt (i.e., reduce quota debt), enhance the likelihood that 
shareholders will make the decision to lease IBQ to others, and reduce 
the uncertainty in the fishery as a whole.
    With respect to the effects of the adjustment on rebuilding and 
overfishing and accomplishing the objectives of the fishery management 
plan, the fishery is a quota-managed fishery, a measure which supports 
objectives related to rebuilding and overfishing. The transfer of 34 mt 
of BFT quota from the Reserve category to the Longline category will 
result in an adjusted Longline quota of 171.3 mt, which remains within 
the ICCAT quota and is less than the historical average of landings and 
dead discards in the fishery (239 mt). The revised Longline category 
quota would support the broader objectives of Amendment 7, which 
include reducing BFT interactions and dead discards while maintaining 
an economically viable swordfish and yellowfin tuna directed fishery. 
As a result of this quota transfer, 0.25 mt (551 lb) of IBQ will be 
distributed to each of the 136 permit holders with IBQ shares, provided 
the permit is associated with a vessel. For those permits that 
qualified for IBQ shares and are not associated with a vessel at the 
time of the quota transfer, the IBQ will not be usable by the permit 
holder (i.e., may not be leased or used to account for BFT) unless and 
until the eligible permit is associated with a vessel. Eligible permits 
will be allocated either Gulf of Mexico (GOM) IBQ, Atlantic (ATL) IBQ, 
or both GOM and ATL IBQ, according to the eligible permit initial 
share's regional designations (and totaling 0.25 mt).
    Regarding the determination criteria ``optimizing fishing 
opportunity,'' the ability of pelagic longline vessel owners to account 
for BFT with allocated quota or lease IBQ at an affordable price is key 
to the success of the IBQ program. An inseason transfer of quota to the 
Longline category would facilitate accomplishing the objectives of the 
2006 Consolidated HMS FMP by optimizing fishing opportunity, 
contributing to full accounting for landings and dead discards, and 
reducing uncertainty in the fishery as a whole. Where fishing 
opportunity for target species is constrained by BFT quota debt or a 
low IBQ balance, the additional quota will help reduce this effect. It 
will also reduce vessel owner uncertainty about whether a vessel owner 
will have sufficient quota to account for BFT they may catch in the 
future. Without this inseason quota transfer, it is more likely that 
permit holders will have difficulty leasing quota to account for BFT 
catch or reduce quota debt, permit holders may have a reduced ability 
to make business plans for the future, and a higher number of permitted 
vessels may be prohibited from fishing during 2016 as a result of quota 
debt accrued during 2015.
    This action is consistent with the rebuilding goals of the 2006 
Consolidated HMS FMP because NMFS does not anticipate that the overall 
U.S. BFT quota will be exceeded. Based on the considerations above, 
NMFS is transferring 34 mt of Reserve category quota to the Longline 
category. As a result of this quota transfer, the Reserve category 
quota will be reduced from 108.8 mt to 74.8 mt, and the Longline 
category quota will be increased from 137.3 to 171.3 mt. This inseason 
quota transfer does not preclude future inseason quota transfers to any 
of the quota categories. This action is supported by the Amendment 7 
Final Environmental Impact Statement and final rule, which analyzed and 
anticipated such an action.
    NMFS will continue to monitor the BFT fisheries, including the 
pelagic longline fishery, closely through the mandatory landings and 
catch reports. Dealers are required to submit landing reports within 24 
hours of a dealer receiving BFT. Pelagic longline vessels are required 
to report BFT catch through Vessel Monitoring System, as well as 
through the online IBQ system.
    Longline category permit holders are reminded that all BFT 
discarded dead must be reported through the Vessel Monitoring System, 
and accounted for in the on-line IBQ system, consistent with 
requirements at Sec.  635.15(a).
    Subsequent inseason actions, if any, will be published in the 
Federal Register. In addition, fishermen may call the Atlantic Tunas 
Information Line at (888) 872-8862 or (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, as 
amended, provide for inseason adjustments to quota and other aspects of 
BFT fishery management, to respond to the diverse range of factors 
which may affect BFT fisheries, including ecological (e.g, rebuilding, 
or the migratory nature of HMS) and commercial (e.g., optimizing 
fishing opportunity, or reducing bycatch). Specifically, Amendment 7 
stated that NMFS may need to consider providing additional quota to the 
Longline category as a whole in order to increase the amount of quota 
available to eligible permitted vessels via the IBQ program, and 
balance the need to have an operational directed pelagic longline 
fishery with the need to reduce BFT bycatch.
    Based on available BFT quota in the Reserve category, the amount of 
quota debt in the pelagic longline fishery, and the catch of BFT by 
pelagic longline vessels during 2015 to date, among other 
considerations, adjustment to the Reserve and Longline category BFT 
quotas is warranted. Analysis of available data shows that adjustment 
to the Longline category quota from the initial level would result in 
minimal risks of exceeding the ICCAT-allocated quota. The regulations 
implementing the 2006 Consolidated HMS FMP, as amended, provide the 
flexibility to provide additional quota to the Longline category in 
order to optimize fishing opportunity, account for dead discards, and 
accomplish the objectives of the fishery management plan. NMFS provides 
notification of quota 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.
    Delays in adjusting the Reserve and Longline category quotas would 
adversely affect those Longline category vessels that would otherwise 
have an opportunity to reduce or resolve quota debt, lease quota to 
other vessels, as

[[Page 45100]]

well as delay potential beneficial effects on the ability for vessel 
operators to make business plans for their future. Due to the migratory 
nature of the target species, delaying inseason action may preclude 
fishing opportunities for some vessel operators. NMFS is trying to 
balance providing opportunity to the pelagic longline fishery, with the 
reduction of BFT bycatch, and delaying this action would be contrary to 
the public interest. 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 all of the above reasons, there 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. Sec.  635.15(b)(5)(ii), 
635.15(f), 635.27(a)(8) and (9), and is exempt from review under 
Executive Order 12866.

    Authority:  16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: July 24, 2015.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-18584 Filed 7-28-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                45098             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                DEPARTMENT OF COMMERCE                                   Distant Gear Restricted Area). Among                  does not have adequate IBQ allocation
                                                                                                         other things, Amendment 7 revised the                 to settle its debt, the allocation will be
                                                National Oceanic and Atmospheric                         allocations to all quota categories,                  reduced in the subsequent year or years
                                                Administration                                           implemented an IBQ system, and added                  until the quota debt is fully resolved.
                                                                                                         additional regulatory determination                      Approximately one-fifth of active
                                                50 CFR Part 635                                          criteria for inseason (or annual)                     pelagic longline vessels currently have
                                                                                                         adjustments to BFT quota (see                         outstanding quota debt, and quota
                                                [Docket No. 120328229–4949–02]
                                                                                                         § 635.27(a)(8), effective January 1, 2015).           leasing among fishery participants has
                                                RIN 0648–XE007                                              The 2015 BFT fishing year, which is                been limited. NMFS suspects the reason
                                                                                                         managed on a calendar-year basis and                  for the limited quota leasing is because
                                                Atlantic Highly Migratory Species;                       subject to an annual quota, began                     the leasing program is so new, and
                                                Atlantic Bluefin Tuna Fisheries                          January 1, 2015. The Longline category                shareholders may be unwilling to lease
                                                AGENCY:   National Marine Fisheries                      was provided 137.3 mt of BFT quota,                   quota to other shareholders because
                                                Service (NMFS), National Oceanic and                     which was distributed among vessel                    they do not know if they will have
                                                Atmospheric Administration (NOAA),                       accounts, (i.e. those which met the                   sufficient quota to account for any BFT
                                                Commerce.                                                initial eligibility criteria implemented              they may catch. Thus, leasing may be
                                                                                                         by Amendment 7). The Longline                         perceived as relatively risky from a
                                                ACTION: Temporary rule; inseason quota
                                                                                                         category season continues through                     business perspective.
                                                transfer.
                                                                                                         December 31, 2015. On February 10,                       As of July 8, 2015, ten vessels are in
                                                SUMMARY:   NMFS is transferring 34                       2015, NMFS reallocated quota from the                 quota debt, ranging from 108 lb (0.05
                                                metric tons (mt) of Atlantic bluefin tuna                Purse Seine category to the Reserve                   mt) to 2,912 lb (1.3 mt), with an average
                                                (BFT) quota from the Reserve category                    category based on the amount of 2014                  of 1,405 lb (0.64 mt) debt (and a total of
                                                to the Longline category for the                         catch of BFT by Purse Seine vessels (80               14,045 lb (6.4 mt)). Based on
                                                remainder of the 2015 fishing year. This                 FR 7547; February 11, 2015). Currently,               preliminary information, the ten vessels
                                                action is based on consideration of the                  the Reserve category quota is 108.8 mt.               represent 22 percent of the active
                                                regulatory determination criteria                           Under § 635.15(b)(5)(ii), as                       vessels (monthly average of 45 active
                                                regarding inseason adjustments, and                      implemented through Amendment 7,                      vessels in 2015 to date). As of July 8,
                                                applies to eligible Atlantic Tunas                       additional IBQ may be allocated to                    2015, there were a total of 18 allocation
                                                Longline category (commercial)                           vessels with BFT quota share after the                leases (16 involving Longline category
                                                permitted vessels. As a result of this                   initial annual allocations if the U.S.                participants and two between Purse
                                                transfer, current vessel accounts with                   baseline quota increases as a result of an            Seine category participants), however
                                                IBQ will be distributed 0.25 mt of                       ICCAT recommendation or as a result of                only four of those leases involved
                                                Individual Bluefin Quota (IBQ)                           a transfer of quota from the Reserve                  participants with quota debt. Some
                                                allocation each.                                         category to the Longline category,                    vessel owners have stated that they have
                                                                                                         pursuant to criteria for quota                        been unable to lease quota from other
                                                DATES: Effective July 28, 2015 through
                                                                                                         adjustments. NMFS has considered                      IBQ shareholders, because of lack of
                                                December 31, 2015.
                                                                                                         those criteria in relation to the 2015 and            willingness of those owners, and these
                                                FOR FURTHER INFORMATION CONTACT: Tom                     2016 Longline category fishery and have               small businesses face uncertainty in
                                                Warren or Brad McHale, 978–281–9260.                     determined that a quota transfer is                   their operations because they do not
                                                SUPPLEMENTARY INFORMATION:                               warranted, as explained below.                        know if they will have sufficient quota
                                                Regulations implemented under the                        Consistent with the criteria for quota                to account for BFT they may catch.
                                                authority of the Atlantic Tunas                          adjustments, this action is intended to               Because the leasing program is so new,
                                                Convention Act (ATCA; 16 U.S.C. 971 et                   increase the amount of quota available                IBQ shareholders may be reluctant to
                                                seq.) and the Magnuson-Stevens Fishery                   to pelagic longline permitted vessels                 lease quota to other vessels because they
                                                Conservation and Management Act                          with IBQ, and therefore help vessel                   do not know if they will have sufficient
                                                (Magnuson-Stevens Act; 16 U.S.C. 1801                    owners account for BFT landings and                   quota to account for any bluefin tuna
                                                et seq.) governing the harvest of BFT by                 dead discards while fostering conditions              they may catch.
                                                persons and vessels subject to U.S.                      in which permit holders become more                      Any adjustments to quotas must be
                                                jurisdiction are found at 50 CFR part                    willing to lease IBQ. The revised                     based on consideration of the relevant
                                                635. Section 635.27 subdivides the U.S.                  Longline category quota would support                 criteria provided under § 635.27(a)(8),
                                                BFT quota recommended by the                             the broader objectives of Amendment 7,                which include: The usefulness of
                                                International Commission for the                         which include reducing BFT                            information obtained from catches in
                                                Conservation of Atlantic Tunas (ICCAT)                   interactions and dead discards while                  the particular category for biological
                                                among the various domestic fishing                       maintaining an economically viable                    sampling and monitoring of the status of
                                                categories, per the allocations                          swordfish and yellowfin directed                      the stock; the catches of the particular
                                                established in the 2006 Consolidated                     fishery.                                              category quota to date and the
                                                Highly Migratory Species Fishery                            Under Amendment 7, a vessel must                   likelihood of closure of that segment of
                                                Management Plan (2006 Consolidated                       have IBQ to account for its BFT landings              the fishery if no adjustment is made; the
                                                HMS FMP) (71 FR 58058, October 2,                        and dead discards. If a vessel has                    projected ability of the vessels fishing
                                                2006), as amended by Amendment 7 to                      insufficient IBQ to account for such                  under the particular category quota to
                                                the 2006 Consolidated HMS FMP                            landings and dead discards, it goes into              harvest the additional amount of BFT
                                                (Amendment 7) (79 FR 71510, December                     ‘‘quota debt.’’ Starting in 2016, a                   before the end of the fishing year; the
mstockstill on DSK4VPTVN1PROD with RULES




                                                2, 2014), and in accordance with                         permitted vessel will not be allowed to               estimated amounts by which quotas for
                                                implementing regulations.                                fish in the Longline category if it has               other gear categories of the fishery might
                                                   The currently codified baseline U.S.                  outstanding quota debt. In 2015 only,                 be exceeded; effects of the adjustment
                                                quota is 923.7 mt (not including the 25                  however, the vessel may continue to                   on BFT rebuilding and overfishing;
                                                mt ICCAT allocated to the United States                  fish but will accrue quota debt that must             effects of the adjustment on
                                                to account for bycatch of BFT in pelagic                 be accounted for at the end of the year.              accomplishing the objectives of the
                                                longline fisheries in the Northeast                      If by the end of 2015, a permitted vessel             fishery management plan; variations in


                                           VerDate Sep<11>2014   16:16 Jul 28, 2015   Jkt 235001   PO 00000   Frm 00048   Fmt 4700   Sfmt 4700   E:\FR\FM\29JYR1.SGM   29JYR1


                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                        45099

                                                seasonal distribution, abundance, or                     ability of pelagic longline vessel owners             call the Atlantic Tunas Information Line
                                                migration patterns of BFT; effects of                    to account for BFT with allocated quota               at (888) 872–8862 or (978) 281–9260, or
                                                catch rates in one area precluding                       or lease IBQ at an affordable price is key            access hmspermits.noaa.gov, for
                                                vessels in another area from having a                    to the success of the IBQ program. An                 updates on quota monitoring and
                                                reasonable opportunity to harvest a                      inseason transfer of quota to the                     inseason adjustments.
                                                portion of the category’s quota; review                  Longline category would facilitate
                                                                                                                                                               Classification
                                                of dealer reports, daily landing trends,                 accomplishing the objectives of the 2006
                                                and the availability of the BFT on the                   Consolidated HMS FMP by optimizing                       The Assistant Administrator for
                                                fishing grounds; optimizing fishing                      fishing opportunity, contributing to full             NMFS (AA) finds that it is impracticable
                                                opportunity; accounting for dead                         accounting for landings and dead                      and contrary to the public interest to
                                                discards, facilitating quota monitoring,                 discards, and reducing uncertainty in                 provide prior notice of, and an
                                                supporting other fishing monitoring                      the fishery as a whole. Where fishing                 opportunity for public comment on, this
                                                programs through quota allocations and/                  opportunity for target species is                     action for the following reasons:
                                                or generation of revenue; and support of                 constrained by BFT quota debt or a low                   The regulations implementing the
                                                research through quota allocations and/                  IBQ balance, the additional quota will                2006 Consolidated HMS FMP, as
                                                or generation of revenue.                                help reduce this effect. It will also                 amended, provide for inseason
                                                   Regarding the determination criteria                  reduce vessel owner uncertainty about                 adjustments to quota and other aspects
                                                about accounting for dead discards and                   whether a vessel owner will have                      of BFT fishery management, to respond
                                                variations in seasonal distribution or                   sufficient quota to account for BFT they              to the diverse range of factors which
                                                abundance, a quota transfer from the                     may catch in the future. Without this                 may affect BFT fisheries, including
                                                Reserve category to the Longline                         inseason quota transfer, it is more likely            ecological (e.g, rebuilding, or the
                                                category would contribute toward full                    that permit holders will have difficulty              migratory nature of HMS) and
                                                accounting of BFT catch by vessels that                  leasing quota to account for BFT catch                commercial (e.g., optimizing fishing
                                                have quota debt (i.e., reduce quota debt),               or reduce quota debt, permit holders                  opportunity, or reducing bycatch).
                                                enhance the likelihood that                              may have a reduced ability to make                    Specifically, Amendment 7 stated that
                                                shareholders will make the decision to                   business plans for the future, and a                  NMFS may need to consider providing
                                                lease IBQ to others, and reduce the                      higher number of permitted vessels may                additional quota to the Longline
                                                uncertainty in the fishery as a whole.                   be prohibited from fishing during 2016                category as a whole in order to increase
                                                   With respect to the effects of the                    as a result of quota debt accrued during              the amount of quota available to eligible
                                                adjustment on rebuilding and                             2015.                                                 permitted vessels via the IBQ program,
                                                overfishing and accomplishing the                           This action is consistent with the                 and balance the need to have an
                                                objectives of the fishery management                     rebuilding goals of the 2006                          operational directed pelagic longline
                                                plan, the fishery is a quota-managed                     Consolidated HMS FMP because NMFS                     fishery with the need to reduce BFT
                                                fishery, a measure which supports                        does not anticipate that the overall U.S.             bycatch.
                                                objectives related to rebuilding and                     BFT quota will be exceeded. Based on                     Based on available BFT quota in the
                                                overfishing. The transfer of 34 mt of                    the considerations above, NMFS is                     Reserve category, the amount of quota
                                                BFT quota from the Reserve category to                   transferring 34 mt of Reserve category                debt in the pelagic longline fishery, and
                                                the Longline category will result in an                  quota to the Longline category. As a                  the catch of BFT by pelagic longline
                                                adjusted Longline quota of 171.3 mt,                     result of this quota transfer, the Reserve            vessels during 2015 to date, among
                                                which remains within the ICCAT quota                     category quota will be reduced from                   other considerations, adjustment to the
                                                and is less than the historical average of               108.8 mt to 74.8 mt, and the Longline                 Reserve and Longline category BFT
                                                landings and dead discards in the                        category quota will be increased from                 quotas is warranted. Analysis of
                                                fishery (239 mt). The revised Longline                   137.3 to 171.3 mt. This inseason quota                available data shows that adjustment to
                                                category quota would support the                         transfer does not preclude future                     the Longline category quota from the
                                                broader objectives of Amendment 7,                       inseason quota transfers to any of the                initial level would result in minimal
                                                which include reducing BFT                               quota categories. This action is                      risks of exceeding the ICCAT-allocated
                                                interactions and dead discards while                     supported by the Amendment 7 Final                    quota. The regulations implementing
                                                maintaining an economically viable                       Environmental Impact Statement and                    the 2006 Consolidated HMS FMP, as
                                                swordfish and yellowfin tuna directed                    final rule, which analyzed and                        amended, provide the flexibility to
                                                fishery. As a result of this quota transfer,             anticipated such an action.                           provide additional quota to the Longline
                                                0.25 mt (551 lb) of IBQ will be                             NMFS will continue to monitor the                  category in order to optimize fishing
                                                distributed to each of the 136 permit                    BFT fisheries, including the pelagic                  opportunity, account for dead discards,
                                                holders with IBQ shares, provided the                    longline fishery, closely through the                 and accomplish the objectives of the
                                                permit is associated with a vessel. For                  mandatory landings and catch reports.                 fishery management plan. NMFS
                                                those permits that qualified for IBQ                     Dealers are required to submit landing                provides notification of quota
                                                shares and are not associated with a                     reports within 24 hours of a dealer                   adjustments by publishing the notice in
                                                vessel at the time of the quota transfer,                receiving BFT. Pelagic longline vessels               the Federal Register, emailing
                                                the IBQ will not be usable by the permit                 are required to report BFT catch through              individuals who have subscribed to the
                                                holder (i.e., may not be leased or used                  Vessel Monitoring System, as well as                  Atlantic HMS News electronic
                                                to account for BFT) unless and until the                 through the online IBQ system.                        newsletter, and updating the
                                                eligible permit is associated with a                        Longline category permit holders are               information posted on the Atlantic
                                                vessel. Eligible permits will be allocated               reminded that all BFT discarded dead                  Tunas Information Line and on
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                                                either Gulf of Mexico (GOM) IBQ,                         must be reported through the Vessel                   hmspermits.noaa.gov.
                                                Atlantic (ATL) IBQ, or both GOM and                      Monitoring System, and accounted for                     Delays in adjusting the Reserve and
                                                ATL IBQ, according to the eligible                       in the on-line IBQ system, consistent                 Longline category quotas would
                                                permit initial share’s regional                          with requirements at § 635.15(a).                     adversely affect those Longline category
                                                designations (and totaling 0.25 mt).                        Subsequent inseason actions, if any,               vessels that would otherwise have an
                                                   Regarding the determination criteria                  will be published in the Federal                      opportunity to reduce or resolve quota
                                                ‘‘optimizing fishing opportunity,’’ the                  Register. In addition, fishermen may                  debt, lease quota to other vessels, as


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                                                45100             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                well as delay potential beneficial effects               The closure is required by regulation                   Weekly quota monitoring reports for
                                                on the ability for vessel operators to                   because the common pool fishery has                   the common pool fishery are on our
                                                make business plans for their future.                    caught over 90 percent of its Trimester               Web site at: http://
                                                Due to the migratory nature of the target                1 quota for Southern New England/Mid-                 www.greateratlantic.fisheries.noaa.gov/
                                                species, delaying inseason action may                    Atlantic yellowtail flounder. This                    ro/fso/MultiMonReports.htm. We will
                                                preclude fishing opportunities for some                  closure is intended to prevent the                    continue to monitor common pool catch
                                                vessel operators. NMFS is trying to                      overharvest of the common pool’s                      through vessel trip reports, dealer-
                                                balance providing opportunity to the                     allocation for this stock.                            reported landings, VMS catch reports,
                                                pelagic longline fishery, with the                       DATES: This action is effective July 29,              and other available information and, if
                                                reduction of BFT bycatch, and delaying                   2015, through August 31, 2015.                        necessary, we will make additional
                                                this action would be contrary to the                     FOR FURTHER INFORMATION CONTACT: Liz                  adjustments to common pool
                                                public interest. Therefore, the AA finds                 Sullivan, Fishery Management                          management measures.
                                                good cause under 5 U.S.C. 553(b)(B) to                   Specialist, (978) 282–8493.                           Classification
                                                waive prior notice and the opportunity                   SUPPLEMENTARY INFORMATION: Federal
                                                for public comment. For all of the above                 regulations at § 648.82(n)(2)(ii) require                This action is required by 50 CFR part
                                                reasons, there is good cause under 5                     the Regional Administrator to close a                 648 and is exempt from review under
                                                U.S.C. 553(d) to waive the 30-day delay                  common pool Trimester Total                           Executive Order 12866.
                                                in effectiveness.                                        Allowable Catch (TAC) Area for a stock                   The Assistant Administrator for
                                                  This action is being taken under                       when 90 percent of the Trimester TAC                  Fisheries, NOAA, finds good cause
                                                §§ 635.15(b)(5)(ii), 635.15(f),                          is projected to be caught. The closure                pursuant to 5 U.S.C. 553(b)(B) and 5
                                                635.27(a)(8) and (9), and is exempt from                 applies to all common pool vessels                    U.S.C. 553(d)(3) to waive prior notice
                                                review under Executive Order 12866.                      fishing with gear capable of catching                 and the opportunity for public comment
                                                   Authority: 16 U.S.C. 971 et seq. and 1801             that stock for the remainder of the                   and the 30-day delayed effectiveness
                                                et seq.                                                  trimester.                                            period because it would be
                                                                                                            We have determined that 95 percent                 impracticable and contrary to the public
                                                  Dated: July 24, 2015.
                                                                                                         of the Trimester 1 TAC was caught as of               interest.
                                                Emily H. Menashes                                                                                                 The regulations require the Regional
                                                                                                         July 21, 2015. The fishing year 2015
                                                Acting Director, Office of Sustainable                                                                         Administrator to close a trimester TAC
                                                                                                         common pool sub-annual catch limit
                                                Fisheries, National Marine Fisheries Service.                                                                  area to the common pool fishery when
                                                                                                         (sub-ACL) for Southern New England/
                                                [FR Doc. 2015–18584 Filed 7–28–15; 8:45 am]                                                                    90 percent of the Trimester TAC for a
                                                                                                         Mid-Atlantic (SNE/MA) yellowtail
                                                BILLING CODE 3510–22–P
                                                                                                         flounder is 114.5 mt and the Trimester                stock has been caught. Updated catch
                                                                                                         1 TAC is 24 mt.                                       information only recently became
                                                                                                            Effective July 29, 2015, the SNE/MA                available indicating that the common
                                                DEPARTMENT OF COMMERCE                                   yellowtail flounder Trimester TAC Area                pool fishery has caught over 90 percent
                                                                                                         is closed for the remainder of Trimester              of its Trimester 1 TAC for SNE/MA
                                                National Oceanic and Atmospheric
                                                                                                         1, through August 31, 2015, to all                    yellowtail flounder as of July 21, 2015.
                                                Administration
                                                                                                         common pool vessels fishing with trawl                The time necessary to provide for prior
                                                                                                         and gillnet gear. The SNE/MA                          notice and comment, and a 30-day delay
                                                50 CFR Part 648
                                                                                                         yellowtail flounder Trimester TAC Area                in effectiveness, prevents the immediate
                                                [Docket No. 150105004–5355–01]                           consists of statistical areas 537, 538,               closure of the SNE/MA yellowtail
                                                                                                         539, and 613. The area reopens at the                 flounder Trimester 1 TAC Area. This
                                                RIN 0648–XE073
                                                                                                         beginning of Trimester 2 on September                 increases the likelihood that the
                                                Fisheries of the Northeastern United                     1, 2015.                                              common pool fishery exceeds its quota
                                                States; Northeast Multispecies                              If a vessel declared its trip through the          of SNE/MA yellowtail flounder to the
                                                Fishery; Trimester Total Allowable                       VMS or the interactive voice response                 detriment of this stock, which could
                                                Catch Area Closure for the Common                        system, and crossed the VMS                           undermine management objectives of
                                                Pool Fishery                                             demarcation line prior to July 29, 2015,              the Northeast Multispecies Fishery
                                                                                                         it may complete its trip within the                   Management Plan (FMP). Additionally,
                                                AGENCY:  National Marine Fisheries                       Trimester TAC Area.                                   an overage of the common pool quota
                                                Service (NMFS), National Oceanic and                        Any overage of a Trimester TAC is                  could cause negative economic impacts
                                                Atmospheric Administration (NOAA),                       deducted from the Trimester 3 TAC, and                to the common pool fishery as a result
                                                Commerce.                                                any overage of the common pool’s sub-                 of overage paybacks in a future trimester
                                                ACTION: Temporary rule; area closure.                    ACL at the end of the fishing year is                 or fishing year.
                                                                                                         deducted from the common pool’s sub-                    Authority: 16 U.S.C. 1801 et seq.
                                                SUMMARY:   This action closes the                        ACL for fishing year 2016. Any
                                                Southern New England/Mid-Atlantic                        uncaught portion of the Trimester 1 and                 Dated: July 24, 2015.
                                                yellowtail flounder Trimester Total                      Trimester 2 TACs is carried over into                 Emily H. Menashes,
                                                Allowable Catch Area to Northeast                        the next trimester. However, any                      Acting Director, Office of Sustainable
                                                multispecies common pool trawl and                       uncaught portion of the common pool’s                 Fisheries, National Marine Fisheries Service.
                                                gillnet vessels for the remainder of                     sub-ACL may not be carried over into                  [FR Doc. 2015–18586 Filed 7–28–15; 8:45 am]
                                                Trimester 1, through August 31, 2015.                    the following fishing year.                           BILLING CODE 3510–22–P
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Document Created: 2015-12-15 13:05:52
Document Modified: 2015-12-15 13:05:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; inseason quota transfer.
DatesEffective July 28, 2015 through December 31, 2015.
ContactTom Warren or Brad McHale, 978-281- 9260.
FR Citation80 FR 45098 
RIN Number0648-XE00

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