80_FR_52125 80 FR 51959 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

80 FR 51959 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 166 (August 27, 2015)

Page Range51959-51961
FR Document2015-21251

NMFS is adjusting the Atlantic bluefin tuna (BFT) General category daily retention limit from the default limit of one large medium or giant BFT to four large medium or giant BFT for the September, October through November, and December subquota time periods of the 2015 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.

Federal Register, Volume 80 Issue 166 (Thursday, August 27, 2015)
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51959-51961]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21251]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120328229-4949-02]
RIN 0648-XE095


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; inseason General category retention limit 
adjustment.

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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General 
category daily retention limit from the default limit of one large 
medium or giant BFT to four large medium or giant BFT for the 
September, October through November, and December subquota time periods 
of the 2015 fishing year. This action is based on consideration of the 
regulatory determination criteria regarding inseason adjustments, and 
applies to Atlantic tunas General category (commercial) permitted 
vessels and Highly Migratory Species (HMS) Charter/Headboat category 
permitted vessels when fishing commercially for BFT.

DATES: Effective September 1, 2015, through December 31, 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 categories, per the 
allocations established in the 2006 Atlantic 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. NMFS is required under 
ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with 
a reasonable opportunity to harvest the ICCAT-recommended quota.
    The 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. See 
Sec.  635.27(a). The currently codified General category quota is 403 
mt. Each of the General category time periods (``January,'' June 
through August, September, October through November, and December) is 
allocated a portion of the annual General category quota. The codified 
baseline General category subquotas include 106.8 mt for September, 
52.4 mt for October through November, and 21 mt for December. NMFS 
transferred 21 mt of BFT quota from the December 2015 subquota to the 
January 2015 subquota period (79 FR 77943, December 29, 2014).
    Unless changed, the General category daily retention limit starting 
on September 1 would be the default retention limit of one large medium 
or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) per vessel per day/trip (Sec.  635.23(a)(2)). This default 
retention limit would apply to General category permitted vessels and 
to HMS Charter/Headboat category permitted vessels when fishing 
commercially for BFT.
    For the 2014 fishing year, NMFS adjusted the General category limit 
from the default level of one large medium or giant BFT as follows: Two 
large medium or giant BFT for January (78 FR 77362, December 23, 2013), 
four large medium or giant BFT for June through August (79 FR 30745, 
May 29, 2014), and four large medium or giant BFT for September through 
December (79 FR 50854, August 26, 2014). NMFS adjusted the daily 
retention limit for the 2015 January subquota period from the default 
level of one large medium or giant BFT to three large medium or giant 
BFT in the same action as the 21-mt transfer from the December 2015 
subquota period to the January 2015 subquota period described above (79 
FR 77943, December 29, 2014). For the June through August 2015 subquota 
period, NMFS adjusted the daily retention limit to four large medium or 
giant BFT (80 FR 27863, May 15, 2015).

[[Page 51960]]

Adjustment of General Category Daily Retention Limit

    Under Sec.  635.23(a)(4), NMFS may increase or decrease the daily 
retention limit of large medium and giant BFT over a range of zero to a 
maximum of five per vessel based on consideration of the relevant 
criteria provided under Sec.  635.27(a)(8), 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 these criteria and their applicability to the 
General category BFT retention limit for September through December 
2015. These include, but are not limited to, the following 
considerations: Biological samples collected from BFT landed by General 
category fishermen and provided by BFT dealers continue to provide NMFS 
with valuable data for ongoing scientific studies of BFT age and 
growth, migration, and reproductive status. Continued BFT landings 
would support the collection of a broad range of data for these studies 
and for stock monitoring purposes.
    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 General category 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.'' It is also important 
that NMFS constrain landings to BFT 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 projections of stock rebuilding.
    NMFS also considered the fact that it has prepared a final 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 
(proposed rule: 80 FR 33467, June 12, 2015; final rule expected to file 
with the Office of the Federal Register in late August and be effective 
in late September 2015). The domestic subquotas in that action would 
result from application of the allocation process established in 
Amendment 7 to the increased U.S. quota, and would include an increase 
in the General category quota from the currently codified 403 mt to 
466.7 mt. As explained below, however, the retention limits being set 
in this action are not dependent on those quota increases.
    Commercial-sized BFT migrated to the fishing grounds off New 
England by early June and are actively being landed. As of August 14, 
2015, 141.5 mt of the 2015 General category quota of 403 mt have been 
landed, and landings rates remain at approximately 1 mt per day. Given 
the rollover of unused quota from one time period to the next, current 
catch rates, and the fact that the daily retention limit will 
automatically revert to one large medium or giant BFT per vessel per 
day on September 1, 2015, absent agency action, NMFS anticipates the 
full 2015 General category quota may not be harvested. In September 
through December 2014, under a four-fish limit, BFT landings were 
approximately 268.4 mt. For the entire 2014 fishing year, 94.6 percent 
of the available General category quota was filled.
    A limit lower than four fish could result in unused quota being 
added to the later portion of the General category season (i.e., 
rolling forward to the subsequent subquota time period). Increasing the 
daily retention limit from the default may mitigate rolling an 
excessive amount of unused quota from one subquota time period to the 
next. However, increasing the daily limit to five fish may risk 
exceeding the available General category quota. Increasing the daily 
retention limit to four fish will increase the likelihood that the 
General category BFT landings will approach, but not exceed, the annual 
quota, as well as increase the opportunity for catching BFT harvest 
during September through December. Increasing (and sometimes 
maximizing) opportunity within each subquota period is also important 
because of the migratory nature and seasonal distribution of BFT. In a 
particular geographic region, or waters accessible from a particular 
port, the amount of fishing opportunity for BFT may be constrained by 
the short amount of time the BFT are present.
    Based on these considerations, NMFS has determined that a four-fish 
General category retention limit is warranted. It would provide a 
reasonable opportunity to harvest the U.S. BFT quota, 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, as 
amended. Therefore, NMFS increases the General category retention limit 
from the default limit (one) to four large medium or giant BFT per 
vessel per day/trip, effective September 1, 2015, through December 31, 
2015.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example (and specific to the September 
through December 2015 limit), whether a vessel fishing under the 
General category limit takes a two-day trip or makes two trips in one 
day, the daily limit of four fish may not be exceeded upon landing. 
This General category retention limit is effective in all areas, except 
for the Gulf of Mexico, where NMFS prohibits targeting fishing for BFT, 
and applies to those vessels permitted in the General category, as well 
as to those HMS Charter/Headboat permitted vessels fishing commercially 
for BFT.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely through the 
landings and catch reports. Dealers are required to submit landing 
reports within 24 hours of a dealer receiving

[[Page 51961]]

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 
retention limit 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.
    Closures or subsequent adjustments to the daily retention limits, 
if any, will be published in the Federal Register. In addition, 
fishermen may call the Atlantic Tunas Information Line at (978) 281-
9260, or access hmspermits.noaa.gov, for updates on quota monitoring 
and inseason adjustments.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons.
    The regulations implementing the 2006 Consolidated HMS FMP, as 
amended, 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. Based on available BFT quotas, fishery performance in 
recent years, the availability of BFT on the fishing grounds, among 
other considerations, adjustment to the General category BFT daily 
retention limit from the default level is warranted. 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.
    Delays in increasing these retention limits would adversely affect 
those General and Charter/Headboat category vessels that would 
otherwise have an opportunity to harvest more than the default 
retention limit of one BFT per day/trip and may exacerbate the problem 
of low catch rates and quota rollovers. Limited opportunities to 
harvest the respective quotas may have negative social and economic 
impacts for U.S. fishermen that depend upon catching the available 
quota within the time periods designated in the 2006 Consolidated HMS 
FMP, as amended. Adjustment of the retention limit needs to be 
effective September 1, 2015, or as soon as possible thereafter, to 
minimize any unnecessary disruption in fishing patterns, to allow the 
impacted sectors to benefit from the adjustment, and to not preclude 
fishing opportunities for fishermen in geographic areas with access to 
the fishery only during this time period. 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 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(a)(4) and is exempt 
from review under Executive Order 12866.

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

    Dated: August 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-21251 Filed 8-24-15; 4:15 pm]
 BILLING CODE 3510-22-P



                                                              Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations                                        51959

                                             continue to be included in the under                    DEPARTMENT OF COMMERCE                                regulations. NMFS is required under
                                             $500,000 total. The quantity for the                                                                          ATCA and the Magnuson-Stevens Act to
                                             modified item will remain ‘‘1’’ and be                  National Oceanic and Atmospheric                      provide U.S. fishing vessels with a
                                             reported with the original acquisition                  Administration                                        reasonable opportunity to harvest the
                                             cost of the item. If an item’s acquisition                                                                    ICCAT-recommended quota.
                                             cost is reduced by removal of                           50 CFR Part 635
                                                                                                                                                              The currently codified baseline U.S.
                                             components so that its remaining                        [Docket No. 120328229–4949–02]                        quota is 923.7 mt (not including the 25
                                             acquisition cost is under $500,000, it                                                                        mt ICCAT allocated to the United States
                                             shall be reported as under $500,000.                    RIN 0648–XE095
                                                                                                                                                           to account for bycatch of BFT in pelagic
                                             *     *     *     *      *                              Atlantic Highly Migratory Species;                    longline fisheries in the Northeast
                                                                                                     Atlantic Bluefin Tuna Fisheries                       Distant Gear Restricted Area). Among
                                             PART 1852—SOLICITATION                                                                                        other things, Amendment 7 revised the
                                             PROVISIONS AND CONTRACT                                 AGENCY:  National Marine Fisheries                    allocations to all quota categories,
                                             CLAUSES                                                 Service (NMFS), National Oceanic and                  effective January 1, 2015. See
                                                                                                     Atmospheric Administration (NOAA),                    § 635.27(a). The currently codified
                                             ■ 6. The authority citation for 48 CFR                  Commerce.                                             General category quota is 403 mt. Each
                                             part 1852 is revised to read as follows:                ACTION: Temporary rule; inseason                      of the General category time periods
                                               Authority: 51 U.S.C. 20113(a) and 41
                                                                                                     General category retention limit                      (‘‘January,’’ June through August,
                                             U.S.C. chapter 1.
                                                                                                     adjustment.                                           September, October through November,
                                                                                                     SUMMARY:   NMFS is adjusting the                      and December) is allocated a portion of
                                             ■ 7. Amend section 1852.245–70 by                                                                             the annual General category quota. The
                                             revising the date of the clause,                        Atlantic bluefin tuna (BFT) General
                                                                                                     category daily retention limit from the               codified baseline General category
                                             paragraphs (b)(1)(iv) and (v), and the                                                                        subquotas include 106.8 mt for
                                                                                                     default limit of one large medium or
                                             date of the clause and introductory text                                                                      September, 52.4 mt for October through
                                                                                                     giant BFT to four large medium or giant
                                             for Alternate I to read as follows:                     BFT for the September, October through                November, and 21 mt for December.
                                             1852.245–70 Contractor requests for                     November, and December subquota time                  NMFS transferred 21 mt of BFT quota
                                             Government-provided equipment.                          periods of the 2015 fishing year. This                from the December 2015 subquota to the
                                                                                                     action is based on consideration of the               January 2015 subquota period (79 FR
                                             *      *     *       *      *
                                                                                                     regulatory determination criteria                     77943, December 29, 2014).
                                             CONTRACTOR REQUESTS FOR                                 regarding inseason adjustments, and                      Unless changed, the General category
                                             GOVERNMENT–PROVIDED EQUIPMENT                           applies to Atlantic tunas General                     daily retention limit starting on
                                             AUG 2015                                                category (commercial) permitted vessels               September 1 would be the default
                                                                                                     and Highly Migratory Species (HMS)
                                             *      *     *       *      *                                                                                 retention limit of one large medium or
                                                                                                     Charter/Headboat category permitted
                                                (b) * * *                                                                                                  giant BFT (measuring 73 inches (185
                                                                                                     vessels when fishing commercially for
                                                (1) * * *                                                                                                  cm) curved fork length (CFL) or greater)
                                                                                                     BFT.
                                                (iv) Combine requests for quantities of                                                                    per vessel per day/trip (§ 635.23(a)(2)).
                                             items with identical descriptions and                   DATES:  Effective September 1, 2015,                  This default retention limit would apply
                                             estimated values when the estimated values              through December 31, 2015.                            to General category permitted vessels
                                             do not exceed $500,000 per unit; and                    FOR FURTHER INFORMATION CONTACT:                      and to HMS Charter/Headboat category
                                                (v) Include only a single unit when the              Sarah McLaughlin or Brad McHale,                      permitted vessels when fishing
                                             acquisition or construction value equals or             978–281–9260.                                         commercially for BFT.
                                             exceeds $500,000.                                       SUPPLEMENTARY INFORMATION:                               For the 2014 fishing year, NMFS
                                             *      *     *       *      *                           Regulations implemented under the                     adjusted the General category limit from
                                             ALTERNATE I
                                                                                                     authority of the Atlantic Tunas                       the default level of one large medium or
                                                                                                     Convention Act (ATCA; 16 U.S.C. 971 et                giant BFT as follows: Two large medium
                                             AUG 2015                                                seq.) and the Magnuson-Stevens Fishery                or giant BFT for January (78 FR 77362,
                                               As prescribed in 1845.107–70(a)(2), add               Conservation and Management Act
                                                                                                                                                           December 23, 2013), four large medium
                                             the following paragraph (e).                            (Magnuson-Stevens Act; 16 U.S.C. 1801
                                                                                                                                                           or giant BFT for June through August
                                             *      *     *       *      *                           et seq.) governing the harvest of BFT by
                                                                                                                                                           (79 FR 30745, May 29, 2014), and four
                                                                                                     persons and vessels subject to U.S.
                                                                                                     jurisdiction are found at 50 CFR part                 large medium or giant BFT for
                                             1852.245–78      [Amended]
                                                                                                     635. Section 635.27 subdivides the U.S.               September through December (79 FR
                                             ■  8. Amend section 1852.245–78 by                      BFT quota recommended by the                          50854, August 26, 2014). NMFS
                                             removing ‘‘JAN 2011’’ and adding ‘‘AUG                  International Commission for the                      adjusted the daily retention limit for the
                                             2015’’ in its place and in paragraph (a)                Conservation of Atlantic Tunas (ICCAT)                2015 January subquota period from the
                                             removing ‘‘100,000’’ and adding                         among the various domestic fishing                    default level of one large medium or
                                             ‘‘500,000’’ in its place.                               categories, per the allocations                       giant BFT to three large medium or giant
                                             [FR Doc. 2015–21101 Filed 8–26–15; 8:45 am]             established in the 2006 Atlantic                      BFT in the same action as the 21-mt
                                                                                                     Consolidated Highly Migratory Species                 transfer from the December 2015
                                             BILLING CODE 7510–13–P
                                                                                                     Fishery Management Plan (2006                         subquota period to the January 2015
rmajette on DSK2VPTVN1PROD with RULES




                                                                                                     Consolidated HMS FMP) (71 FR 58058,                   subquota period described above (79 FR
                                                                                                     October 2, 2006), as amended by                       77943, December 29, 2014). For the June
                                                                                                     Amendment 7 to the 2006 Consolidated                  through August 2015 subquota period,
                                                                                                     HMS FMP (Amendment 7) (79 FR                          NMFS adjusted the daily retention limit
                                                                                                     71510, December 2, 2014), and in                      to four large medium or giant BFT (80
                                                                                                     accordance with implementing                          FR 27863, May 15, 2015).


                                        VerDate Sep<11>2014   14:03 Aug 26, 2015   Jkt 235001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\27AUR1.SGM   27AUR1


                                             51960            Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations

                                             Adjustment of General Category Daily                    opportunities to harvest the full 2015                season (i.e., rolling forward to the
                                             Retention Limit                                         General category quota without                        subsequent subquota time period).
                                                Under § 635.23(a)(4), NMFS may                       exceeding it based upon the 2006                      Increasing the daily retention limit from
                                             increase or decrease the daily retention                Consolidated HMS FMP goal:                            the default may mitigate rolling an
                                             limit of large medium and giant BFT                     ‘‘Consistent with other objectives of this            excessive amount of unused quota from
                                             over a range of zero to a maximum of                    FMP, to manage Atlantic HMS fisheries                 one subquota time period to the next.
                                             five per vessel based on consideration of               for continuing optimum yield so as to                 However, increasing the daily limit to
                                             the relevant criteria provided under                    provide the greatest overall benefit to               five fish may risk exceeding the
                                             § 635.27(a)(8), which are: The                          the Nation, particularly with respect to              available General category quota.
                                             usefulness of information obtained from                 food production, providing recreational               Increasing the daily retention limit to
                                             catches in the particular category for                  opportunities, preserving traditional                 four fish will increase the likelihood
                                             biological sampling and monitoring of                   fisheries, and taking into account the                that the General category BFT landings
                                                                                                     protection of marine ecosystems.’’ It is              will approach, but not exceed, the
                                             the status of the stock; the catches of the
                                                                                                     also important that NMFS constrain                    annual quota, as well as increase the
                                             particular category quota to date and the
                                                                                                     landings to BFT subquotas both to                     opportunity for catching BFT harvest
                                             likelihood of closure of that segment of
                                                                                                     adhere to the FMP quota allocations and               during September through December.
                                             the fishery if no adjustment is made; the
                                                                                                     to ensure that landings are as consistent             Increasing (and sometimes maximizing)
                                             projected ability of the vessels fishing
                                                                                                     as possible with the pattern of fishing               opportunity within each subquota
                                             under the particular category quota to
                                                                                                     mortality (e.g., fish caught at each age)             period is also important because of the
                                             harvest the additional amount of BFT
                                                                                                     that was assumed in the projections of                migratory nature and seasonal
                                             before the end of the fishing year; the
                                                                                                     stock rebuilding.                                     distribution of BFT. In a particular
                                             estimated amounts by which quotas for                      NMFS also considered the fact that it              geographic region, or waters accessible
                                             other gear categories of the fishery might              has prepared a final quota rule that                  from a particular port, the amount of
                                             be exceeded; effects of the adjustment                  would implement and give domestic                     fishing opportunity for BFT may be
                                             on BFT rebuilding and overfishing;                      effect to the 2014 ICCAT                              constrained by the short amount of time
                                             effects of the adjustment on                            recommendation on western Atlantic                    the BFT are present.
                                             accomplishing the objectives of the                     BFT management, which increased the                      Based on these considerations, NMFS
                                             fishery management plan; variations in                  U.S. BFT quota for 2015 and 2016 by 14                has determined that a four-fish General
                                             seasonal distribution, abundance, or                    percent from the 2014 level (proposed                 category retention limit is warranted. It
                                             migration patterns of BFT; effects of                   rule: 80 FR 33467, June 12, 2015; final               would provide a reasonable opportunity
                                             catch rates in one area precluding                      rule expected to file with the Office of              to harvest the U.S. BFT quota, without
                                             vessels in another area from having a                   the Federal Register in late August and               exceeding it, while maintaining an
                                             reasonable opportunity to harvest a                     be effective in late September 2015).                 equitable distribution of fishing
                                             portion of the category’s quota; review                 The domestic subquotas in that action                 opportunities; help achieve optimum
                                             of dealer reports, daily landing trends,                would result from application of the                  yield in the BFT fishery; allow the
                                             and the availability of the BFT on the                  allocation process established in                     collection of a broad range of data for
                                             fishing grounds; optimizing fishing                     Amendment 7 to the increased U.S.                     stock monitoring purposes; and be
                                             opportunity; accounting for dead                        quota, and would include an increase in               consistent with the objectives of the
                                             discards, facilitating quota monitoring,                the General category quota from the                   2006 Consolidated HMS FMP, as
                                             supporting other fishing monitoring                     currently codified 403 mt to 466.7 mt.                amended. Therefore, NMFS increases
                                             programs through quota allocations and/                 As explained below, however, the                      the General category retention limit
                                             or generation of revenue; and support of                retention limits being set in this action             from the default limit (one) to four large
                                             research through quota allocations and/                 are not dependent on those quota                      medium or giant BFT per vessel per
                                             or generation of revenue.                               increases.                                            day/trip, effective September 1, 2015,
                                                NMFS has considered these criteria                      Commercial-sized BFT migrated to                   through December 31, 2015.
                                             and their applicability to the General                  the fishing grounds off New England by                   Regardless of the duration of a fishing
                                             category BFT retention limit for                        early June and are actively being landed.             trip, the daily retention limit applies
                                             September through December 2015.                        As of August 14, 2015, 141.5 mt of the                upon landing. For example (and specific
                                             These include, but are not limited to,                  2015 General category quota of 403 mt                 to the September through December
                                             the following considerations: Biological                have been landed, and landings rates                  2015 limit), whether a vessel fishing
                                             samples collected from BFT landed by                    remain at approximately 1 mt per day.                 under the General category limit takes a
                                             General category fishermen and                          Given the rollover of unused quota from               two-day trip or makes two trips in one
                                             provided by BFT dealers continue to                     one time period to the next, current                  day, the daily limit of four fish may not
                                             provide NMFS with valuable data for                     catch rates, and the fact that the daily              be exceeded upon landing. This General
                                             ongoing scientific studies of BFT age                   retention limit will automatically revert             category retention limit is effective in all
                                             and growth, migration, and reproductive                 to one large medium or giant BFT per                  areas, except for the Gulf of Mexico,
                                             status. Continued BFT landings would                    vessel per day on September 1, 2015,                  where NMFS prohibits targeting fishing
                                             support the collection of a broad range                 absent agency action, NMFS anticipates                for BFT, and applies to those vessels
                                             of data for these studies and for stock                 the full 2015 General category quota                  permitted in the General category, as
                                             monitoring purposes.                                    may not be harvested. In September                    well as to those HMS Charter/Headboat
                                                As this action would be taken                        through December 2014, under a four-                  permitted vessels fishing commercially
                                             consistent with the quotas previously                   fish limit, BFT landings were                         for BFT.
                                             established and analyzed in
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                                                                                                     approximately 268.4 mt. For the entire
                                             Amendment 7 (79 FR 71510, December                      2014 fishing year, 94.6 percent of the                Monitoring and Reporting
                                             2, 2014), and consistent with objectives                available General category quota was                    NMFS will continue to monitor the
                                             of the 2006 Consolidated HMS FMP, it                    filled.                                               BFT fishery closely through the
                                             is not expected to negatively impact                       A limit lower than four fish could                 landings and catch reports. Dealers are
                                             stock health. A principal consideration                 result in unused quota being added to                 required to submit landing reports
                                             is the objective of providing                           the later portion of the General category             within 24 hours of a dealer receiving


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                                                              Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations                                        51961

                                             BFT. General, HMS Charter/Headboat,                     harvest the respective quotas may have                DATES:  Effective 1200 hrs, Alaska local
                                             Harpoon, and Angling category vessel                    negative social and economic impacts                  time (A.l.t.), August 27, 2015, until 2400
                                             owners are required to report the catch                 for U.S. fishermen that depend upon                   hrs, A.l.t., December 31, 2015.
                                             of all BFT retained or discarded dead,                  catching the available quota within the               FOR FURTHER INFORMATION CONTACT:
                                             within 24 hours of the landing(s) or end                time periods designated in the 2006                   Steve Whitney, 907–586–7228.
                                             of each trip, by accessing                              Consolidated HMS FMP, as amended.
                                             hmspermits.noaa.gov. Depending on the                   Adjustment of the retention limit needs               SUPPLEMENTARY INFORMATION:      NMFS
                                             level of fishing effort and catch rates of              to be effective September 1, 2015, or as              manages the groundfish fishery in the
                                             BFT, NMFS may determine that                            soon as possible thereafter, to minimize              BSAI exclusive economic zone
                                             additional retention limit adjustment or                any unnecessary disruption in fishing                 according to the Fishery Management
                                             closure is necessary to ensure available                patterns, to allow the impacted sectors               Plan for Groundfish of the Bering Sea
                                             quota is not exceeded or to enhance                     to benefit from the adjustment, and to                and Aleutian Islands Management Area
                                             scientific data collection from, and                    not preclude fishing opportunities for                (FMP) prepared by the North Pacific
                                             fishing opportunities in, all geographic                fishermen in geographic areas with                    Fishery Management Council (Council)
                                             areas.                                                  access to the fishery only during this                under authority of the Magnuson-
                                                Closures or subsequent adjustments to                time period. Therefore, the AA finds                  Stevens Fishery Conservation and
                                             the daily retention limits, if any, will be             good cause under 5 U.S.C. 553(b)(B) to                Management Act. Regulations governing
                                             published in the Federal Register. In                   waive prior notice and the opportunity                fishing by U.S. vessels in accordance
                                             addition, fishermen may call the                        for public comment. For these reasons,                with the FMP appear at subpart H of 50
                                             Atlantic Tunas Information Line at (978)                there is good cause under 5 U.S.C.                    CFR part 600 and 50 CFR part 679.
                                             281–9260, or access                                     553(d) to waive the 30-day delay in                      In the Aleutian Islands subarea, the
                                             hmspermits.noaa.gov, for updates on                     effectiveness.                                        portion of the 2015 pollock total
                                             quota monitoring and inseason                              This action is being taken under                   allowable catch (TAC) allocated to the
                                             adjustments.                                            § 635.23(a)(4) and is exempt from                     Aleut Corporation’s directed fishing
                                             Classification                                          review under Executive Order 12866.                   allowance (DFA) is 12,146 metric tons
                                                                                                        Authority: 16 U.S.C. 971 et seq. and 1801          (mt) as established by the final 2015 and
                                               The Assistant Administrator for                                                                             2016 harvest specifications for
                                             NMFS (AA) finds that it is impracticable                et seq.
                                                                                                                                                           groundfish in the BSAI (80 FR 11919,
                                             and contrary to the public interest to                    Dated: August 24, 2015.
                                                                                                                                                           March 5, 2015), and through
                                             provide prior notice of, and an                         Emily H. Menashes,                                    reallocation (80 FR 15695, March 25,
                                             opportunity for public comment on, this                 Acting Director, Office of Sustainable                2015).
                                             action for the following reasons.                       Fisheries, National Marine Fisheries Service.
                                               The regulations implementing the                                                                               As of August 19, 2015, the
                                                                                                     [FR Doc. 2015–21251 Filed 8–24–15; 4:15 pm]
                                             2006 Consolidated HMS FMP, as                                                                                 Administrator, Alaska Region, NMFS,
                                                                                                     BILLING CODE 3510–22–P                                (Regional Administrator) has
                                             amended, provide for inseason retention
                                             limit adjustments to respond to the                                                                           determined that 10,000 metric tons (mt)
                                             unpredictable nature of BFT availability                                                                      of Aleut Corporation’s DFA will not be
                                                                                                     DEPARTMENT OF COMMERCE                                harvested. Therefore, in accordance
                                             on the fishing grounds, the migratory
                                             nature of this species, and the regional                National Oceanic and Atmospheric                      with § 679.20(a)(5)(iii)(B)(4), NMFS
                                             variations in the BFT fishery. Based on                 Administration                                        reallocates 10,000 mt of Aleut
                                             available BFT quotas, fishery                                                                                 Corporation’s DFA from the Aleutian
                                             performance in recent years, the                        50 CFR Part 679                                       Islands subarea to the 2015 Bering Sea
                                             availability of BFT on the fishing                                                                            subarea allocations. The 10,000 mt of
                                             grounds, among other considerations,                    [Docket No. 141021887–5172–02]                        pollock is apportioned to the AFA
                                             adjustment to the General category BFT                                                                        Inshore sector (50 percent), AFA
                                                                                                     RIN 0648–XE143                                        catcher/processor sector (40 percent),
                                             daily retention limit from the default
                                             level is warranted. Analysis of available                                                                     and the AFA mothership sector (10
                                                                                                     Fisheries of the Exclusive Economic
                                             data shows that adjustment to the BFT                                                                         percent). The 2015 Bering Sea pollock
                                                                                                     Zone Off Alaska; Reallocation of
                                             daily retention limit from the default                                                                        incidental catch allowance remains at
                                                                                                     Pollock in the Bering Sea and Aleutian
                                             level would result in minimal risks of                                                                        47,160 mt. As a result, the harvest
                                                                                                     Islands
                                             exceeding the ICCAT-allocated quota.                                                                          specifications for pollock in the
                                             NMFS provides notification of retention                 AGENCY:  National Marine Fisheries                    Aleutian Islands subarea included in the
                                             limit adjustments by publishing the                     Service (NMFS), National Oceanic and                  final 2015 and 2016 harvest
                                             notice in the Federal Register, emailing                Atmospheric Administration (NOAA),                    specifications for groundfish in the
                                             individuals who have subscribed to the                  Commerce.                                             BSAI (80 FR 11919, March 5, 2015), and
                                             Atlantic HMS News electronic                            ACTION: Temporary rule.                               revised (80 FR 15695, March 25, 2015),
                                             newsletter, and updating the                                                                                  are further revised as follows: 2,146 mt
                                             information posted on the Atlantic                      SUMMARY:   NMFS is reallocating the                   to Aleut Corporation’s DFA.
                                             Tunas Information Line and on                           projected unused amounts of the Aleut                 Furthermore, pursuant to § 679.20(a)(5),
                                             hmspermits.noaa.gov.                                    Corporation’s pollock directed fishing                Table 4 of the final 2015 and 2016
                                               Delays in increasing these retention                  allowance from the Aleutian Islands                   harvest specifications for groundfish in
                                             limits would adversely affect those                     subarea to the Bering Sea subarea                     the BSAI (80 FR 11919, March 5, 2015),
                                             General and Charter/Headboat category                   directed fisheries. This action is                    and revised (80 FR 15695, March 25,
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                                             vessels that would otherwise have an                    necessary to provide opportunity for                  2015), is further revised as follows to
                                             opportunity to harvest more than the                    harvest of the 2015 total allowable catch             make 2015 pollock allocations
                                             default retention limit of one BFT per                  of pollock, consistent with the goals and             consistent with this reallocation. This
                                             day/trip and may exacerbate the                         objectives of the Fishery Management                  reallocation results in an adjustment to
                                             problem of low catch rates and quota                    Plan for Groundfish of the Bering Sea                 the 2015 Aleut Corporation allocation
                                             rollovers. Limited opportunities to                     and Aleutian Islands Management Area.                 established at § 679.20(a)(5).


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Document Created: 2015-12-15 10:53:27
Document Modified: 2015-12-15 10:53:27
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 General category retention limit adjustment.
DatesEffective September 1, 2015, through December 31, 2015.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation80 FR 51959 
RIN Number0648-XE09

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