80 FR 46516 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 150 (August 5, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 150 (August 5, 2015)
| Page Range | 46516-46518 | |
| FR Document | 2015-19156 |
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)] [Rules and Regulations] [Pages 46516-46518] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19156] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 120328229-4949-02] RIN 0648-XE079 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 40 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Harpoon category. With this transfer, the adjusted Harpoon category quota for the 2015 fishing season is 73.4 mt. The 2015 Harpoon category fishery is open until November 15, 2015, or until the Harpoon category quota is reached, whichever comes first. The action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas Harpoon category (commercial) permitted vessels. DATES: Effective July 31, 2015, through November 15, 2015. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin 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 [[Page 46517]] categories, per the allocations established in the 2006 Consolidated Atlantic 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, effective January 1, 2015, including base quotas of 33.4 mt for the Harpoon category and 21.4 mt for the Reserve category. See Sec. 635.27(a). To date, NMFS has published two inseason quota transfers that have adjusted the available 2015 Reserve category quota, which currently is 74.8 mt (80 FR 7547, February 22, 2015 and 80 FR 45098, July 29, 2015). The 2015 Harpoon category fishery opened June 1 and is open through November 15, 2015, or until the Harpoon category quota is reached, whichever comes first. Inseason Transfer to the Harpoon Category Under Sec. 635.27(a)(7), NMFS has the authority to allocate any portion of the Reserve category to any other category, other than the Angling category school BFT subquota (for which there is a separate reserve), after considering determination criteria provided under Sec. 635.27(a)(8), which are: 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 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. NMFS has considered the determination criteria regarding inseason adjustments and their applicability to the Harpoon category fishery. These considerations include, but are not limited to, the following: Biological samples collected from BFT landed by Harpoon category fishermen and provided by BFT dealers continue to provide NMFS with valuable parts and data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. Continued BFT landings would support the collection of a broad range of data for these studies and for stock monitoring purposes. As of July 28, 2015, the Harpoon category has landed 33.1 mt. Without a quota transfer at this time, Harpoon category participants would have to stop BFT fishing activities with very short notice (i.e., 3 days after the date of filing of a closure notice with the Office of the Federal Register), while commercial-sized BFT remain available in the areas Harpoon category permitted vessels operate. NMFS anticipates that the Harpoon category could harvest the transferred 40 mt prior to the end of the Harpoon category season, subject to weather conditions and BFT availability. As this action would be taken consistent with the quotas previously established and analyzed in Amendment 7 (79 FR 71510, December 2, 2014), and consistent with objectives of the 2006 Consolidated HMS FMP, it is not expected to negatively impact stock health. A principal consideration is the objective of providing opportunities to harvest the full 2015 U.S. BFT quota without exceeding it based upon the 2006 Consolidated HMS FMP goal: ``Consistent with other objectives of this FMP, to manage Atlantic HMS fisheries for continuing optimum yield so as to provide the greatest overall benefit to the Nation, particularly with respect to food production, providing recreational opportunities, preserving traditional fisheries, and taking into account the protection of marine ecosystems.'' Based on all of these considerations, as well as the available quota, NMFS has determined that 40 mt of the available 74.8 mt of Reserve category quota should be transferred to the Harpoon category. The transfer would provide a reasonable opportunity to harvest the U.S. quota of BFT, without exceeding it, while maintaining an equitable distribution of fishing opportunities; help achieve optimum yield in the BFT fishery; allow the collection of a broad range of data for stock monitoring purposes; and be consistent with the objectives of the 2006 Consolidated HMS FMP and its amendments. Therefore, NMFS adjusts the Harpoon category quota to 73.4 mt for the 2015 Harpoon category fishing season (i.e., through November 15, 2015, or until the Harpoon category quota is reached, whichever comes first). NMFS has considered the fact that it has published a proposed BFT quota rule that would implement and give domestic effect to the 2014 ICCAT recommendation on western Atlantic BFT management, which increased the U.S. BFT quota for 2015 and 2016 by 14 percent from the 2014 level (80 FR 33467, June 12, 2015). The domestic subquotas proposed in that action would result from application of the allocation process established in Amendment 7 to the 2006 Consolidated HMS FMP to the increased U.S. quota, and would include an increase in the Harpoon category quota from the currently codified 33.4 mt to 38.6 mt. Although the proposed rule would increase the baseline Harpoon category quota by 5.2 mt, NMFS is transferring 40 mt at this time regardless of the proposed quota increase. Monitoring and Reporting NMFS will continue to monitor the BFT fishery closely through the mandatory dealer landing reports, which NMFS requires to be submitted within 24 hours of a dealer receiving BFT. General, HMS Charter/ Headboat, Harpoon, 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. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustment or closure is 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 Harpoon category 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. [[Page 46518]] 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 respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Affording prior notice and opportunity for public comment to implement the quota transfer for the remainder of 2015 is impracticable and contrary to the public interest as such a delay would likely result in closure of the Harpoon fishery when the base quota is met and the need to re-open the fishery, with attendant administrative costs and costs to the fishery. The delay would preclude the fishery from harvesting BFT that are available on the fishing grounds and that might otherwise become unavailable during a delay. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For 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 50 CFR 635.27(a)(7) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: July 30, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-19156 Filed 7-31-15; 4:15 pm] BILLING CODE 3510-22-P
![46516 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations
IATTC recommendations for the compliance with a valid permit issued This action is required by 50 CFR
conservation and management of highly under 50 CFR 660.707 or 665.801.1 300.25(b) and is exempt from review
migratory fish resources in the EPO. • A fishing vessel of the United States under Executive Order 12866.
In 2013, the IATTC adopted over 24 meters in overall length, that is Authority: 16 U.S.C. 951 et seq.
Resolution C–13–01, which establishes
not on a declared shallow-set longline Dated: July 31, 2015.
an annual catch limit of bigeye tuna for
trip, may not be used to fish in the Jennifer M. Wallace,
longline vessels over 24 meters. For
Pacific Ocean using longline gear both
calendar years 2014, 2015, and 2016, the Acting Director, Office of Sustainable
inside and outside the IATTC Fisheries, National Marine Fisheries Service.
catch of bigeye tuna by longline gear in
Convention Area during the same
the IATTC Convention Area by fishing [FR Doc. 2015–19230 Filed 7–31–15; 4:15 pm]
vessels of the United States that are over fishing trip, with the exception of a
BILLING CODE 3510–22–P
24 meters in overall length is limited to fishing trip that was already in progress
500 metric tons per year. With the when the prohibitions were put into
approval of the DOS, NMFS effect. DEPARTMENT OF COMMERCE
implemented this catch limit by notice- • If a vessel over 24 meters in overall
and-comment rulemaking under the Act length, that is not on a declared National Oceanic and Atmospheric
(79 FR 19487, April 9, 2014, and shallow-set longline trip, is used to fish Administration
codified at 50 CFR 300.25). in the Pacific Ocean using longline gear
NMFS, through monitoring the outside the IATTC Convention Area, 50 CFR Part 635
retained catches of bigeye tuna using and the vessel enters the IATTC [Docket No. 120328229–4949–02]
logbook data submitted by vessel Convention Area at any time during the
captains and other available information RIN 0648–XE079
same fishing trip, the longline gear on
from the longline fisheries in the IATTC the fishing vessel must be stowed in a
Convention Area, has determined that Atlantic Highly Migratory Species;
manner so as not to be readily available Atlantic Bluefin Tuna Fisheries
the 2015 catch limit is expected to be for fishing. Specifically, the hooks,
reached by August 12, 2015. In branch lines, and floats must be stowed AGENCY: National Marine Fisheries
accordance with 50 CFR 300.25(b), this and not available for immediate use, Service (NMFS), National Oceanic and
Federal Register notice announces that and any power-operated mainline Atmospheric Administration (NOAA),
the U.S. longline fishery for bigeye tuna hauler on deck must be covered in such Commerce.
in the IATTC Convention Area will be a manner that it is not readily available ACTION: Temporary rule; inseason quota
closed for vessels over 24 meters in for use. transfer.
overall length starting on August 12,
2015, through the end of the 2015 Classification SUMMARY: NMFS is transferring 40
calendar year. The 2016 fishing year is metric tons (mt) of Atlantic bluefin tuna
scheduled to open on January 1, 2016. NMFS has determined there is good (BFT) quota from the Reserve category
The bigeye tuna catch limit for longline cause to waive prior notice and to the Harpoon category. With this
vessels over 24 meters in overall length opportunity for public comment transfer, the adjusted Harpoon category
will again be 500 metric tons for 2016. pursuant to 5 U.S.C. 553(b)(B). This quota for the 2015 fishing season is 73.4
During the closure, a U.S. fishing action is based on the best available mt. The 2015 Harpoon category fishery
vessel over 24 meters in overall length information and is necessary for the is open until November 15, 2015, or
may not be used to retain on board, conservation and management of bigeye until the Harpoon category quota is
transship, or land bigeye tuna captured tuna. Compliance with the notice and reached, whichever comes first. The
by longline gear in the IATTC comment requirement would be action is based on consideration of the
Convention Area, except as follows: impracticable and contrary to the public regulatory determination criteria
• Any bigeye tuna already on board a interest because NMFS would be unable regarding inseason adjustments, and
fishing vessel on August 12, 2015, may to ensure that the 2015 bigeye tuna applies to Atlantic tunas Harpoon
be retained on board, transshipped, and/ catch limit applicable to longline category (commercial) permitted
or landed, to the extent authorized by vessels over 24 meters is not exceeded. vessels.
applicable laws and regulations, The annual catch limit is an important
DATES: Effective July 31, 2015, through
provided all bigeye tuna are landed mechanism to ensure that the United
November 15, 2015.
within 14 days after the effective date of States complies with its international
obligations in preventing overfishing FOR FURTHER INFORMATION CONTACT:
this rule, that is, no later than August
26, 2015. and managing the fishery at optimum Sarah McLaughlin or Brad McHale,
• In the case of a vessel that has yield. Moreover, NMFS previously 978–281–9260.
declared to NMFS that the current trip solicited, and considered, public SUPPLEMENTARY INFORMATION:
type is shallow-set longlining, the 14- comments on the rule that established Regulations implemented under the
day limit to land all bigeye in the the catch limit (79 FR 19487, April 9, authority of the Atlantic Tunas
previous paragraph is waived. However, 2014), including a provision for issuing Convention Act (ATCA; 16 U.S.C. 971 et
the prohibition on any additional a notice to close the fishery, if seq.) and the Magnuson-Stevens Fishery
retention of bigeye tuna still applies as necessary, to prevent exceeding the Conservation and Management Act
of August 12, 2015. catch limit. For the same reasons, NMFS (Magnuson-Stevens Act; 16 U.S.C. 1801
Other prohibitions during the closure has also determined there is good cause et seq.) governing the harvest of BFT by
include the following: persons and vessels subject to U.S.
Lhorne on DSK7TPTVN1PROD with RULES
to waive the requirement for a 30-day
• Bigeye tuna caught by a United delay in effectiveness under 5 U.S.C. jurisdiction are found at 50 CFR part
States vessel over 24 meters in overall 553(d)(3). 635. Section 635.27 subdivides the U.S.
length with longline gear in the IATTC BFT quota recommended by the
Convention Area may not be 1 In 50 CFR 300.25(b)(4)(ii), the reference to International Commission for the
transshipped to a fishing vessel unless § 665.21 is outdated. The former 50 CFR 665.21 has Conservation of Atlantic Tunas (ICCAT)
that fishing vessel is operated in been recodified to § 665.801. among the various domestic fishing
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![46518 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations
Classification ACTION: Temporary rule; closure. Classification
The Assistant Administrator for This action is required by 50 CFR part
NMFS (AA) finds that it is impracticable SUMMARY: NMFS announces that the
Mid-Atlantic Scallop Access Area will 648 and is exempt from review under
and contrary to the public interest to
close to Limited Access General Executive Order 12866.
provide prior notice of, and an
opportunity for public comment on, this Category Individual Fishing Quota NMFS finds good cause pursuant to 5
action for the following reasons. scallop vessels for the remainder of the U.S.C. 553(b)(B) to waive prior notice
The regulations implementing the 2015 fishing year. No vessel issued a and the opportunity for public comment
2006 Consolidated HMS FMP, as Limited Access General Category because it would be contrary to the
amended, provide for inseason Individual Fishing Quota permit may public interest and impracticable. The
adjustments to respond to the fish for, possess, or land scallops from Mid-Atlantic Access Area opened for
unpredictable nature of BFT availability the Mid-Atlantic Scallop Access Area.
the 2015 fishing year on May 1, 2015.
on the fishing grounds, the migratory Regulations require this action once it is
The regulations at § 648.60(g)(3)(iii)
nature of this species, and the regional projected that 100 percent of trips
allocated to the Limited Access General require this closure to ensure that LAGC
variations in the BFT fishery. IFQ scallop vessels do not take more
Affording prior notice and Category Individual Fishing Quota
scallop vessels for the Mid-Atlantic than their allocated number of trips in
opportunity for public comment to
Scallop Access Area will be taken. the Mid-Atlantic Scallop Access Area.
implement the quota transfer for the
remainder of 2015 is impracticable and The projections of the date on which the
DATES: Effective 0001 hr local time,
contrary to the public interest as such a LAGC IFQ fleet will have taken all of its
August 4, 2015, through February 29,
delay would likely result in closure of allocated trips in an Access Area
2016.
the Harpoon fishery when the base become apparent only as trips into the
quota is met and the need to re-open the FOR FURTHER INFORMATION CONTACT: area occur on a real-time basis and as
fishery, with attendant administrative Shannah Jaburek, Fishery Management activity trends begin to appear. As a
costs and costs to the fishery. The delay Specialist, (978) 282–8456. result, an accurate projection only can
would preclude the fishery from SUPPLEMENTARY INFORMATION: The reader be made very close in time to when the
harvesting BFT that are available on the can find regulations governing fishing fleet has taken all of its trips. In
fishing grounds and that might activity in the Sea Scallop Access Areas addition, proposing a closure would
otherwise become unavailable during a in 50 CFR648.59 and 648.60, which likely increase activity, triggering an
delay. Therefore, the AA finds good authorize vessels issued a valid Limited earlier closure than predicted. To allow
cause under 5 U.S.C. 553(b)(B) to waive Access General Category (LAGC) LAGC IFQ scallop vessels to continue to
prior notice and the opportunity for Individual Fishing Quota (IFQ) scallop take trips in the Mid-Atlantic Scallop
public comment. For all of the above permit to fish in the Mid-Atlantic Access Area during the period necessary
reasons, there is good cause under 5 Scallop Access Area under specific to publish and receive comments on a
U.S.C. 553(d) to waive the 30-day delay conditions, including a total of 2,065 proposed rule would likely result in
in effectiveness. trips that may be taken by LAGC IFQ vessels taking much more than the
This action is being taken under 50 vessels during the 2015 fishing year. allowed number of trips in the Mid-
CFR 635.27(a)(7) and is exempt from Section 648.60(g)(3)(iii) requires the
review under Executive Order 12866. Atlantic Scallop Access Area. Excessive
Mid-Atlantic Scallop Access Area to be trips and harvest from the Mid-Atlantic
Authority: 16 U.S.C. 971 et seq. and 1801 closed to LAGC IFQ permitted vessels Scallop Access Area would result in
et seq. for the remainder of the fishing year excessive fishing effort in the area,
Dated: July 30, 2015. once the NMFS Greater Atlantic where effort controls are critical,
Emily H. Menashes, Regional Administrator determines that
thereby undermining conservation
Acting Director, Office of Sustainable the allowed number of trips for fishing
objectives of the Atlantic Sea Scallop
Fisheries, National Marine Fisheries Service. year 2015 are projected to be taken.
Fishery Management Plan and requiring
[FR Doc. 2015–19156 Filed 7–31–15; 4:15 pm] Based on trip declarations by LAGC
more restrictive future management
BILLING CODE 3510–22–P IFQ scallop vessels fishing in the Mid-
measures. Also, the public had prior
Atlantic Scallop Access Area, and
notice and full opportunity to comment
analysis of fishing effort, we project that
2,065 trips will be taken as of August 4, on this closure process when we put
DEPARTMENT OF COMMERCE
2015. Therefore, in accordance with these provisions in place. NMFS further
National Oceanic and Atmospheric § 648.60(g)(3)(iii), the Mid-Atlantic finds, pursuant to 5 U.S.C. 553(d)(3),
Administration Scallop Access Area is closed to all good cause to waive the 30-day delayed
LAGC IFQ scallop vessels as of August effectiveness period for the reasons
50 CFR Part 648 4, 2015. No vessel issued an LAGC IFQ stated above.
[Docket No. 141125999–5362–02] permit may fish for, possess, or land Authority: 16 U.S.C. 1801 et seq.
scallops in or from the Mid-Atlantic
RIN 0648–XE084 Dated: July 30, 2015.
Scallop Access Area after 0001 local
time, August 4, 2015. Any LAGC IFQ Emily H. Menashes,
Fisheries of the Northeastern United Acting Director, Office of Sustainable
vessel that has declared into the Mid-
States; Atlantic Sea Scallop Fishery; Fisheries, National Marine Fisheries Service.
Atlantic Access Area scallop fishery,
Closure of the Mid-Atlantic Access
complied with all trip notification and [FR Doc. 2015–19150 Filed 7–31–15; 11:15 am]
Lhorne on DSK7TPTVN1PROD with RULES
Area to General Category Individual
observer requirements, and crossed the BILLING CODE 3510–22–P
Fishing Quota Scallop Vessels
VMS demarcation line on the way to the
AGENCY: National Marine Fisheries area before 0001, August 4, 2015, may
Service (NMFS), National Oceanic and complete its trip. This closure is in
Atmospheric Administration (NOAA), effect for the remainder of the 2015
Commerce. scallop fishing year.
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Document Created: 2018-02-23 10:53:09
Document Modified: 2018-02-23 10:53:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; inseason quota transfer. | |
| Dates | Effective July 31, 2015, through November 15, 2015. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 80 FR 46516 | |
| RIN Number | 0648-XE07 |
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