80 FR 71974 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 222 (November 18, 2015)

Page Range		71974-71975
FR Document		2015-29400

NMFS announces that the 25-mt quota available for Atlantic bluefin tuna bycatch (including landings and dead discards) by the Longline category in the Northeast Distant gear restricted area (NED) was filled on November 12, 2015. NMFS reminds vessels fishing in the NED that they now must account for any bluefin bycatch retained or discarded dead using IBQ allocation available to the vessel and that any quota debt remaining at the end of 2015 will carry over to 2016.

Federal Register, Volume 80 Issue 222 (Wednesday, November 18, 2015)

[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Rules and Regulations]
[Pages 71974-71975]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29400]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XE316


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Notification that Northeast Distant gear restricted area (NED) 
quota is filled.

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

SUMMARY: NMFS announces that the 25-mt quota available for Atlantic 
bluefin tuna bycatch (including landings and dead discards) by the 
Longline category in the Northeast Distant gear restricted area (NED) 
was filled on November 12, 2015. NMFS reminds vessels fishing in the 
NED that they now must account for any bluefin bycatch retained or 
discarded dead using IBQ allocation available to the vessel and that 
any quota debt remaining at the end of 2015 will carry over to 2016.

DATES: Effective November 18, 2015.

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

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of bluefin 
tuna by persons and vessels subject to U.S. jurisdiction are found at 
50 CFR part 635. Section 635.27 subdivides the U.S. bluefin tuna quota 
recommended by the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) among the various domestic fishing categories 
per the allocations established in the 2006 Consolidated Highly 
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) 
(71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014).
    The U.S. bluefin tuna annual quota from the International 
Commission for the Conservation of Atlantic Tunas (ICCAT) includes, as 
in previous years, a 25-mt set-aside for bluefin tuna bycatch related 
to longline fisheries operating in the vicinity of the ICCAT management 
area boundary. See ICCAT Recommendation 14-05; and 80 FR 52198, (August 
28, 2015) (implementing the quota domestically). For management and 
monitoring purposes, NMFS implements this set-aside in the NED gear 
restricted area as quota available to Atlantic Longline category 
permitted vessels. Longline is not a permitted gear for directed 
fishing on bluefin tuna; any catch must be incidental to fishing for 
other species. Accounting for this bycatch includes all catch (landings 
and dead discards). The NED is the Atlantic Ocean area bounded by 
straight lines connecting the following coordinates in the order 
stated: 35[deg]00' N. lat., 60[deg]00' W. long.; 55[deg]00' N. lat., 
60[deg]00' W. long.; 55[deg]00' N. lat., 20[deg]00' W. long.; 
35[deg]00' N. lat., 20[deg]00' W. long.; 35[deg]00' N. lat., 60[deg]00' 
W. long.

The IBQ Program and the Northeast Distant Area (NED)

    Under Amendment 7 (79 FR 71510, December 2, 2014), new rules were 
implemented for Longline category vessels fishing in the NED. See 50 
CFR 635.15(b)(8). Any bluefin tuna bycatch by permitted vessels fishing 
with pelagic longline gear in the NED counts toward the ICCAT-allocated 
separate NED quota (25 mt), until that quota has been filled. During 
that period, the bluefin tuna accounting requirements of the IBQ 
Program do not apply to those vessels. Once the NED quota is filled, 
Longline category permitted vessels may fish or continue to fish in the 
NED, but the permitted vessels must then abide by the applicable 
requirements of the IBQ program, which requires individual

[[Page 71975]]

vessel accounting for bluefin tuna bycatch using quota allocation 
available to the vessel (either through its own quota share or leasing 
allocation from another vessel). Bluefin tuna must be accounted for as 
described at Sec.  635.15(b)(4) and (5).
    Based on Atlantic bluefin tuna dealer data and IBQ system data, as 
of November 10, 2015, 33,484 lb (15.2 mt) of bluefin tuna has been 
landed, and 90 lb (<0.1 mt) of bluefin tuna has been discarded dead in 
the NED; an additional 36 bluefin tuna have been reported as retained 
through Vessel Monitoring System (VMS) bluefin tuna catch reports. 
These 36 retained bluefin tuna reported via VMS equate to approximately 
17,460 lb (7.9 mt) of additional catch, which brings the total 
estimated bluefin tuna catch from the NED to 51,034 lb (23.2 mt). Based 
on this data, NMFS has determined that the 25 mt set-aside will be 
filled on November 12, 2015.
    Because the NED the quota has been reached, vessels are notified 
that they must account for any bycatch of bluefin tuna (landings and/or 
dead discards) in the NED using IBQ allocation as specified in the 
regulations at Sec.  635.15(b)(8). Vessel owners will have to account 
retroactively for their bluefin tuna bycatch with IBQ to the date that 
the separate quota was reached. NMFS currently anticipates that date 
will be November 12, 2015, but will notify relevant vessel owners of 
the precise date when we have complete NED catch data.
    With respect to quota accounting for the fishery as whole, bluefin 
bycatch (landings and dead discards) from the NED beyond the 25 mt set-
aside will count toward the Longline category annual baseline subquota. 
For 2015, NMFS delayed certain regulatory requirements requiring 
vessels with pelagic longline gear to have a minimum amount of IBQ 
quota before departing on fishing trips, thus allowing such vessels to 
fish with pelagic longline gear even if they have quota debt. However, 
we specified that quota debt will accrue throughout the 2015 fishing 
year, and vessels will be responsible for accounting for all of their 
bluefin bycatch at the end of the year. If, by the end of 2015, a 
permit holder does not have adequate IBQ allocation to settle their 
vessel's quota debt, the vessel's allocation will be reduced in the 
amount equal to the quota debt in the subsequent year or years until 
the quota debt is fully accounted for. Vessels with a negative balance 
will have to satisfy the quota debt before departing on any trips in 
2016.
    NMFS will continue to monitor bluefin tuna bycatch by vessels 
fishing with pelagic longline gear using VMS and dealer data, as well 
as monitor the accounting for such catch in the IBQ system, to ensure 
that vessels are accountable for their bluefin bycatch and that quotas 
are managed consistent with the 2006 Consolidated HMS FMP and our 
international quota obligations. For fishery updates, fishermen may 
call the Atlantic Tunas Information Line at (888) 872-8862 or (978) 
281-9260, access the following internet address: www.hmspermits.gov.

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

    Dated: November 12, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-29400 Filed 11-13-15; 4:15 pm]
 BILLING CODE 3510-22-P

71974 Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Rules and Regulations

which is a line directly south from the is reached or is projected to be reached Conservation and Management Act
state boundary of Alabama and Florida. has already been subject to notice and (Magnuson-Stevens Act; 16 U.S.C. 1801
Except for a person aboard a charter public comment, and all that remains is et seq.) governing the harvest of bluefin
vessel or headboat, during the closure to notify the public of the closure. tuna by persons and vessels subject to
no person aboard a vessel that has been Additionally, allowing prior notice and U.S. jurisdiction are found at 50 CFR
issued a commercial permit for king opportunity for public comment is part 635. Section 635.27 subdivides the
mackerel may fish for or retain Gulf contrary to the public interest because U.S. bluefin tuna quota recommended
migratory group king mackerel in the of the need to immediately implement by the International Commission for the
EEZ in the closed zone (50 CFR this action to protect the king mackerel Conservation of Atlantic Tunas (ICCAT)
622.384(e)(1)). A person aboard a vessel stock, because the capacity of the among the various domestic fishing
that has a valid charter vessel/headboat fishing fleet allows for rapid harvest of categories per the allocations
permit for coastal migratory pelagic fish the quota. Prior notice and opportunity established in the 2006 Consolidated
may continue to retain king mackerel in for public comment would require time Highly Migratory Species Fishery
or from the closed zone under the bag and could potentially result in a harvest Management Plan (2006 Consolidated
and possession limits set forth in 50 well in excess of the established quota. HMS FMP) (71 FR 58058, October 2,
CFR 622.382(a)(1)(ii) and (a)(2), For the aforementioned reasons, the 2006), as amended by Amendment 7 to
provided the vessel is operating as a AA also finds good cause to waive the the 2006 Consolidated HMS FMP
charter vessel or headboat (50 CFR 30-day delay in the effectiveness of this (Amendment 7) (79 FR 71510, December
622.384(e)(2)). A charter vessel or action under 5 U.S.C. 553(d)(3). 2, 2014).
headboat that also has a commercial The U.S. bluefin tuna annual quota
Authority: 16 U.S.C. 1801 et seq.
king mackerel permit is considered to be from the International Commission for
operating as a charter vessel or headboat Dated: November 13, 2015. the Conservation of Atlantic Tunas
when it carries a passenger who pays a Emily H. Menashes, (ICCAT) includes, as in previous years,
fee or when there are more than three Acting Director, Office of Sustainable a 25-mt set-aside for bluefin tuna
persons aboard, including operator and Fisheries, National Marine Fisheries Service. bycatch related to longline fisheries
crew. [FR Doc. 2015–29475 Filed 11–13–15; 4:15 pm] operating in the vicinity of the ICCAT
During the closure, king mackerel BILLING CODE 3510–22–P management area boundary. See ICCAT
from the closed zone, including those Recommendation 14–05; and 80 FR
harvested under the bag and possession 52198, (August 28, 2015) (implementing
limits, may not be purchased or sold. DEPARTMENT OF COMMERCE the quota domestically). For
This prohibition does not apply to king management and monitoring purposes,
mackerel from the closed zone that were National Oceanic and Atmospheric NMFS implements this set-aside in the
harvested, landed ashore, and sold prior Administration NED gear restricted area as quota
to the closure and were held in cold available to Atlantic Longline category
storage by a dealer or processor (50 CFR 50 CFR Part 635 permitted vessels. Longline is not a
622.384(e)(3)). RIN 0648–XE316 permitted gear for directed fishing on
bluefin tuna; any catch must be
Classification Atlantic Highly Migratory Species; incidental to fishing for other species.
The Regional Administrator, Atlantic Bluefin Tuna Fisheries Accounting for this bycatch includes all
Southeast Region, NMFS, has catch (landings and dead discards). The
determined this temporary rule is AGENCY: National Marine Fisheries NED is the Atlantic Ocean area bounded
necessary for the conservation and Service (NMFS), National Oceanic and by straight lines connecting the
management of Gulf migratory group Atmospheric Administration (NOAA), following coordinates in the order
king mackerel and is consistent with the Commerce. stated: 35°00′ N. lat., 60°00′ W. long.;
Magnuson-Stevens Act and other ACTION: Notification that Northeast 55°00′ N. lat., 60°00′ W. long.; 55°00′ N.
applicable laws. Distant gear restricted area (NED) quota lat., 20°00′ W. long.; 35°00′ N. lat.,
This action is taken under 50 CFR is filled. 20°00′ W. long.; 35°00′ N. lat., 60°00′ W.
622.388(a)(1) and 622.384(e), and is long.
SUMMARY: NMFS announces that the 25-
exempt from review under Executive
mt quota available for Atlantic bluefin The IBQ Program and the Northeast
Order 12866.
These measures are exempt from the tuna bycatch (including landings and Distant Area (NED)
procedures of the Regulatory Flexibility dead discards) by the Longline category Under Amendment 7 (79 FR 71510,
Act because the temporary rule is issued in the Northeast Distant gear restricted December 2, 2014), new rules were
without opportunity for prior notice and area (NED) was filled on November 12, implemented for Longline category
comment. 2015. NMFS reminds vessels fishing in vessels fishing in the NED. See 50 CFR
This action responds to the best the NED that they now must account for 635.15(b)(8). Any bluefin tuna bycatch
scientific information available. The any bluefin bycatch retained or by permitted vessels fishing with
Assistant Administrator for Fisheries, discarded dead using IBQ allocation pelagic longline gear in the NED counts
NOAA (AA), finds good cause to waive available to the vessel and that any toward the ICCAT-allocated separate
the requirements to provide prior notice quota debt remaining at the end of 2015 NED quota (25 mt), until that quota has
and opportunity for public comment will carry over to 2016. been filled. During that period, the
pursuant to the authority set forth at 5 DATES: Effective November 18, 2015. bluefin tuna accounting requirements of
U.S.C. 553(b)(B) as such procedures are FOR FURTHER INFORMATION CONTACT: Tom the IBQ Program do not apply to those
wgreen on DSK2VPTVN1PROD with RULES

unnecessary and contrary to the public Warren or Brad McHale, 978–281–9260. vessels. Once the NED quota is filled,
interest. Such procedures are SUPPLEMENTARY INFORMATION: Longline category permitted vessels may
unnecessary because the rule Regulations implemented under the fish or continue to fish in the NED, but
implementing the commercial quota and authority of the Atlantic Tunas the permitted vessels must then abide
the associated requirement for closure of Convention Act (ATCA; 16 U.S.C. 971 et by the applicable requirements of the
the commercial harvest when the quota seq.) and the Magnuson-Stevens Fishery IBQ program, which requires individual

VerDate Sep<11>2014 14:36 Nov 17, 2015 Jkt 238001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\18NOR1.SGM 18NOR1

Document Created: 2018-03-01 11:21:03
Document Modified: 2018-03-01 11:21:03

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		Notification that Northeast Distant gear restricted area (NED) quota is filled.
Dates		Effective November 18, 2015.
Contact		Tom Warren or Brad McHale, 978-281- 9260.
FR Citation		80 FR 71974
RIN Number		0648-XE31

80 FR 71974 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 222 (November 18, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration