80 FR 68265 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 213 (November 4, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 213 (November 4, 2015)
| Page Range | 68265-68267 | |
| FR Document | 2015-28070 |
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)] [Rules and Regulations] [Pages 68265-68267] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28070] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XE242 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 35 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Harpoon category and 65 mt from the Reserve category to the General category for the remainder of the 2015 fishing year. This transfer results in adjusted quotas of 566.7 mt, 43.6 mt and 82.1 mt for the General, Harpoon, and Reserve categories, respectively. 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 October 30, 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 Consolidated Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by the recently published Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014). NMFS [[Page 68266]] 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. This paragraph describes the current General, Harpoon, and Reserve category quotas, prior to the adjustments taken in this inseason action. NMFS recently implemented a final rule that increased the U.S. BFT quota and subquotas per ICCAT Recommendation 14-05 (80 FR 52198, August 28, 2015). The base quotas for the General category, the Harpoon category, and the Reserve category are 466.7 mt, 38.6 mt, and 24.8 mt, respectively. See Sec. 635.27(a). Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a portion of the annual General category quota. Although it is called the ``January'' subquota, the regulations allow the General category fishery under this quota to continue until the subquota is reached or March 31, whichever comes first. Based on the General category quota of 466.7 mt, the subquotas for each time period are as follows: 24.7 mt for January; 233.3 mt for June through August; 123.7 mt for September; 60.7 mt for October through November; and 24.3 mt for December. Any unused General category quota rolls forward within the fishing year, which coincides with the calendar year, from one time period to the next, and is available for use in subsequent time periods. To date, NMFS has published three inseason quota transfers that have adjusted the available 2015 Reserve category quota, which currently is 147.1 mt (80 FR 7547, February 22, 2015; 80 FR 45098, July 29, 2015; and 80 FR 46516, August 5, 2015). The adjusted Harpoon category quota, following transfer of 40 mt from the Reserve category in the third of the above three inseason transfers as well as implementation of the final BFT quota rule, is 78.6 mt. Inseason Transfer The 2015 General category fishery was open January 1, 2015, through March 31, 2015, reopened June 1, 2015, and remains open until December 31, 2015, or until the General category quota is reached, whichever comes first. Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota among fishing categories or subcategories, after considering determination criteria provided under Sec. 635.27(a)(8), including the five new criteria recently added in Amendment 7, 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 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 General category fishery for the end of 2015. These considerations include, but are not limited to, the following: Biological samples collected from BFT landed by General category fishermen and provided by tuna dealers continue to provide NMFS with valuable parts and data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. Additional opportunity to land BFT would support the collection of a broad range of data for these studies and for stock monitoring purposes. Another principal consideration is the objective of providing opportunities to harvest the full annual U.S. BFT quota without exceeding it based on the goals of the 2006 Consolidated HMS FMP and Amendment 7, including to achieve optimum yield on a continuing basis and to optimize the ability of all permit categories to harvest their full BFT quota allocations. General category landings in the winter BFT fishery, which typically begins in December or January each year, are highly variable and depend on availability of commercial-sized BFT to participants. Commercial-sized BFT continue to be landed by General category vessels. As of October 27, 2015, the General category has landed 458.8 mt, or 98 percent of its 2015 quota of 466.7 mt. Without a quota transfer at this time, NMFS would have to close the 2015 General category fishery as the currently available General category quota would be reached shortly. Overall, approximately 68 percent of the commercial BFT subquotas of 836.5 mt has been harvested. Approximately 90 mt of the Purse Seine and Harpoon categories may remain unused and activity in those categories has stopped for the year. NMFS will need to account for 2015 landings and dead discards within the adjusted U.S. quota, consistent with ICCAT recommendations, and anticipates having sufficient quota to do that even with this transfer. This quota transfer would provide additional opportunities to harvest the U.S. bluefin quota without exceeding it, while preserving the opportunity for General category fishermen to participate in the winter BFT fishery. This action is consistent with the quotas recently established and analyzed in the BFT tuna quota final rule (80 FR 52198, August 28, 2015), and consistent with objectives of the 2006 Consolidated HMS FMP and Amendments, and is not expected to negatively impact stock health. Based on the considerations above, NMFS is transferring 35 mt of Harpoon category quota and 65 mt of Reserve category quota to the General category for the remainder of 2015, resulting in adjusted quotas of 566.7 mt, 43.6 mt and 82.1 mt for the General, Harpoon, and Reserve categories, respectively. NMFS will close the 2015 General category fishery when the adjusted General category quota of 566.7 mt has been reached, or it will close automatically on December 31, 2015. Monitoring and Reporting NMFS will continue to monitor the BFT fishery closely. Dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. 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 adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) [[Page 68267]] 281-9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. Classification The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: The regulations implementing the 2006 Consolidated HMS FMP and Amendments provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Affording prior notice and opportunity for public comment to implement the quota transfer for the remainder of 2015 is impracticable as it would preclude NMFS from acting promptly to allow continued harvest of BFT that are available on the fishing grounds via a quota transfer from the Harpoon and Reserve categories to the General category. 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 Sec. 635.27(a)(9) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: October 30, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-28070 Filed 10-30-15; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations 68265
Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major DEPARTMENT OF COMMERCE
April 23, 1997). This final rule does not rule’’ as defined by 5 U.S.C. 804(2).
contain any information collections National Oceanic and Atmospheric
subject to OMB approval under the List of Subjects in 40 CFR Part 180 Administration
Paperwork Reduction Act (PRA) (44 Environmental protection,
U.S.C. 3501 et seq.), nor does it require 50 CFR Part 635
Administrative practice and procedure,
any special considerations under Agricultural commodities, Pesticides [Docket No. 150121066–5717–02]
Executive Order 12898, entitled
and pests, Reporting and recordkeeping
‘‘Federal Actions to Address RIN 0648–XE242
requirements.
Environmental Justice in Minority
Populations and Low-Income Dated: October 21, 2015. Atlantic Highly Migratory Species;
Populations’’ (59 FR 7629, February 16, G. Jeffrey Herndon, Atlantic Bluefin Tuna Fisheries
1994). Director, Registration Division, Office of AGENCY: National Marine Fisheries
Since tolerances and exemptions that Pesticide Programs. Service (NMFS), National Oceanic and
are established on the basis of a petition Atmospheric Administration (NOAA),
under FFDCA section 408(d), such as Therefore, 40 CFR chapter I is
Commerce.
the tolerance in this final rule, do not amended as follows:
ACTION: Temporary rule; inseason quota
require the issuance of a proposed rule,
the requirements of the Regulatory PART 180—[AMENDED] transfer.
Flexibility Act (RFA) (5 U.S.C. 601 et SUMMARY: NMFS is transferring 35
seq.), do not apply. ■ 1. The authority citation for part 180 metric tons (mt) of Atlantic bluefin tuna
This final rule directly regulates continues to read as follows: (BFT) quota from the Harpoon category
growers, food processors, food handlers, Authority: 21 U.S.C. 321(q), 346a and 371. and 65 mt from the Reserve category to
and food retailers, not States or tribes, the General category for the remainder
nor does this action alter the ■ 2. In § 180.454, revise paragraph (a) of the 2015 fishing year. This transfer
relationships or distribution of power introductory text and add alphabetically results in adjusted quotas of 566.7 mt,
and responsibilities established by the following commodities to the table 43.6 mt and 82.1 mt for the General,
Congress in the preemption provisions and revise paragraph (b) to read as Harpoon, and Reserve categories,
of FFDCA section 408(n)(4). As such, follows: respectively. This action is based on
the Agency has determined that this consideration of the regulatory
action will not have a substantial direct § 180.454 Nicosulfuron; tolerances for determination criteria regarding
effect on States or tribal governments, residues.
inseason adjustments and applies to
on the relationship between the national (a) General. Tolerances are Atlantic tunas General category
government and the States or tribal established for residues of the herbicide (commercial) permitted vessels and
governments, or on the distribution of nicosulfuron, including its metabolites Highly Migratory Species (HMS)
power and responsibilities among the and degradates, in or on the Charter/Headboat category permitted
various levels of government or between vessels when fishing commercially for
commodities in the following table.
the Federal Government and Indian BFT.
Compliance with the tolerance levels
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled specified in the following table is to be DATES: Effective October 30, 2015
‘‘Federalism’’ (64 FR 43255, August 10, determined by measuring only through December 31, 2015.
1999) and Executive Order 13175, nicosulfuron, 2-[[[[(4,6-dimethoxy-2- FOR FURTHER INFORMATION CONTACT:
entitled ‘‘Consultation and Coordination pyrimidinyl)amino]carbonyl]amino] Sarah McLaughlin or Brad McHale,
with Indian Tribal Governments’’ (65 FR sulfonyl]-N,N-dimethyl-3-pyridine 978–281–9260.
67249, November 9, 2000) do not apply carboxamide. SUPPLEMENTARY INFORMATION:
to this final rule. In addition, this final Regulations implemented under the
rule does not impose any enforceable Parts per authority of the Atlantic Tunas
Commodity million
duty or contain any unfunded mandate Convention Act (ATCA; 16 U.S.C. 971 et
as described under Title II of the seq.) and the Magnuson-Stevens Fishery
Unfunded Mandates Reform Act of 1995 * * * * * Conservation and Management Act
(UMRA) (2 U.S.C. 1501 et seq.). Sorghum, grain, forage ............. 0.3 (Magnuson-Stevens Act; 16 U.S.C. 1801
This action does not involve any Sorghum, grain, grain ............... 0.8 et seq.) governing the harvest of BFT by
technical standards that would require Sorghum, grain, stover ............. 0.05 persons and vessels subject to U.S.
Agency consideration of voluntary jurisdiction are found at 50 CFR part
consensus standards pursuant to section 635. Section 635.27 subdivides the U.S.
(b) Section 18 emergency exemptions.
12(d) of the National Technology BFT quota recommended by the
[Reserved]
Transfer and Advancement Act of 1995 International Commission for the
(NTTAA) (15 U.S.C. 272 note). * * * * * Conservation of Atlantic Tunas (ICCAT)
[FR Doc. 2015–27887 Filed 11–3–15; 8:45 am] among the various domestic fishing
VII. Congressional Review Act BILLING CODE 6560–50–P categories, per the allocations
Pursuant to the Congressional Review established in the 2006 Consolidated
Act (5 U.S.C. 801 et seq.), EPA will Highly Migratory Species Fishery
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submit a report containing this rule and Management Plan (2006 Consolidated
other required information to the U.S. HMS FMP) (71 FR 58058, October 2,
Senate, the U.S. House of 2006), as amended by the recently
Representatives, and the Comptroller published Amendment 7 to the 2006
General of the United States prior to Consolidated HMS FMP (Amendment 7)
publication of the rule in the Federal (79 FR 71510, December 2, 2014). NMFS
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281–9260, or access DEPARTMENT OF COMMERCE In accordance with § 679.20(d)(2), the
hmspermits.noaa.gov, for updates on Administrator, Alaska Region, NMFS
quota monitoring and inseason National Oceanic and Atmospheric (Regional Administrator), has
adjustments. Administration determined that the 2015 TAC of
sablefish allocated to vessels using trawl
Classification 50 CFR Part 679 gear in the West Yakutat District of the
The Assistant Administrator for [Docket No. 140918791–4999–02] GOA will be reached. Therefore, NMFS
NMFS (AA) finds that it is impracticable is requiring that sablefish caught by
RIN 0648–XE296 vessels using trawl gear in the West
and contrary to the public interest to
provide prior notice of, and an Yakutat District of the GOA be treated
Fisheries of the Exclusive Economic
opportunity for public comment on, this as prohibited species in accordance
Zone Off Alaska; Sablefish in the West
action for the following reasons: with § 679.21(b).
Yakutat District of the Gulf of Alaska
The regulations implementing the Classification
AGENCY: National Marine Fisheries
2006 Consolidated HMS FMP and Service (NMFS), National Oceanic and This action responds to the best
Amendments provide for inseason Atmospheric Administration (NOAA), available information recently obtained
retention limit adjustments to respond Commerce. from the fishery. The Assistant
to the unpredictable nature of BFT ACTION: Temporary rule; closure. Administrator for Fisheries, NOAA
availability on the fishing grounds, the (AA), finds good cause to waive the
migratory nature of this species, and the SUMMARY: NMFS is prohibiting retention requirement to provide prior notice and
regional variations in the BFT fishery. of sablefish by vessels using trawl gear opportunity for public comment
Affording prior notice and in the West Yakutat District of the Gulf pursuant to the authority set forth at 5
opportunity for public comment to of Alaska (GOA). This action is U.S.C. 553(b)(B) as such requirement is
implement the quota transfer for the necessary because the 2015 total impracticable and contrary to the public
remainder of 2015 is impracticable as it allowable catch of sablefish allocated to interest. This requirement is
vessels using trawl gear in the West impracticable and contrary to the public
would preclude NMFS from acting
Yakutat District of the GOA will be interest as it would prevent NMFS from
promptly to allow continued harvest of
reached. responding to the most recent fisheries
BFT that are available on the fishing
grounds via a quota transfer from the DATES: Effective 1200 hours, Alaska data in a timely fashion and would
Harpoon and Reserve categories to the local time (A.l.t.), October 30, 2015, delay prohibiting the retention of
General category. The delay would through 2400 hours, A.l.t., December 31, sablefish by vessels using trawl gear in
preclude the fishery from harvesting 2015. the West Yakutat District of the GOA.
BFT that are available on the fishing FOR FURTHER INFORMATION CONTACT: Josh NMFS was unable to publish a notice
grounds and that might otherwise Keaton, 907–586–7228. providing time for public comment
become unavailable during a delay. SUPPLEMENTARY INFORMATION: NMFS because the most recent, relevant data
Therefore, the AA finds good cause manages the groundfish fishery in the only became available as of October 28,
under 5 U.S.C. 553(b)(B) to waive prior GOA exclusive economic zone 2015.
notice and the opportunity for public according to the Fishery Management The AA also finds good cause to
comment. For all of the above reasons, Plan for Groundfish of the Gulf of waive the 30-day delay in the effective
there is good cause under 5 U.S.C. Alaska (FMP) prepared by the North date of this action under 5 U.S.C.
553(d) to waive the 30-day delay in Pacific Fishery Management Council 553(d)(3). This finding is based upon
effectiveness. under authority of the Magnuson- the reasons provided above for waiver of
Stevens Fishery Conservation and prior notice and opportunity for public
This action is being taken under comment.
Management Act. Regulations governing
§ 635.27(a)(9) and is exempt from This action is required by § 679.20
fishing by U.S. vessels in accordance
review under Executive Order 12866. with the FMP appear at subpart H of 50 and § 679.21 and is exempt from review
Authority: 16 U.S.C. 971 et seq. and 1801 CFR part 600 and 50 CFR part 679. under Executive Order 12866.
et seq. The 2015 total allowable catch (TAC) Authority: 16 U.S.C. 1801 et seq.
Dated: October 30, 2015.
of sablefish allocated to vessels using
trawl gear in the West Yakutat District Dated: October 30, 2015.
Emily H. Menashes, of the GOA is 220 metric tons (mt) as Emily H. Menashes,
Acting Director, Office of Sustainable established by the final 2015 and 2016 Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service. harvest specifications for groundfish of Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–28070 Filed 10–30–15; 4:15 pm] the GOA (80 FR 10250, February 25, [FR Doc. 2015–28071 Filed 10–30–15; 4:15 pm]
BILLING CODE 3510–22–P 2015). BILLING CODE 3510–22–P
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Document Created: 2018-03-01 11:27:32
Document Modified: 2018-03-01 11:27:32
| 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 October 30, 2015 through December 31, 2015. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 80 FR 68265 | |
| RIN Number | 0648-XE24 |
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