80_FR_75227 80 FR 74997 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

80 FR 74997 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 230 (December 1, 2015)

Page Range74997-74999
FR Document2015-30464

NMFS is transferring 80 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category for the remainder of the 2015 fishing year. This transfer results in an adjusted 2015 General category quota of 646.7 mt. NMFS also is adjusting the Atlantic tunas General category BFT daily retention limit from four large medium or giant BFT per vessel per day/trip to three large medium or giant BFT per vessel per day/trip for the remainder of the 2015 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to 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 230 (Tuesday, December 1, 2015)
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Rules and Regulations]
[Pages 74997-74999]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30464]



[[Page 74997]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XE335


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 bluefin tuna quota 
transfer and retention limit adjustment.

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SUMMARY: NMFS is transferring 80 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the General category for 
the remainder of the 2015 fishing year. This transfer results in an 
adjusted 2015 General category quota of 646.7 mt. NMFS also is 
adjusting the Atlantic tunas General category BFT daily retention limit 
from four large medium or giant BFT per vessel per day/trip to three 
large medium or giant BFT per vessel per day/trip for the remainder of 
the 2015 fishing year. This action is based on consideration of the 
regulatory determination criteria regarding inseason adjustments and 
applies to Atlantic tunas General category (commercial) permitted 
vessels and Highly Migratory Species (HMS) Charter/Headboat category 
permitted vessels when fishing commercially for BFT.

DATES: Effective November 25, 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 Amendment 7 to the 2006 
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014). 
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.
    Earlier this year, NMFS 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 quota for the General category is 
466.7 mt. 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 base 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 this year, NMFS 
has published four inseason quota transfers that have adjusted and 
distributed the available 2015 Reserve category quota among other quota 
categories (80 FR 7547, February 22, 2015; 80 FR 45098, July 29, 2015; 
80 FR 46516, August 5, 2015; and 80 FR 68265, November 4, 2015). The 
Reserve category balance currently is 82.1 mt. The adjusted General 
category quota, following the four inseason actions, is 566.7 mt.

Quota 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 
five new criteria recently added in Amendment 7. The determination 
criteria are: The usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock; the catches of the particular category quota to 
date and the likelihood of closure of that segment of the fishery if no 
adjustment is made; the projected ability of the vessels fishing under 
the particular category quota to harvest the additional amount of BFT 
before the end of the fishing year; the estimated amounts by which 
quotas for other gear categories of the fishery might be exceeded; 
effects of the adjustment on BFT rebuilding and overfishing; effects of 
the adjustment on accomplishing the objectives of the fishery 
management plan; variations in seasonal distribution, abundance, or 
migration patterns of BFT; effects of catch rates in one area 
precluding vessels in another area from having a reasonable opportunity 
to harvest a portion of the category's quota; review of dealer reports, 
daily landing trends, and the availability of the BFT on the fishing 
grounds; optimizing fishing opportunity; accounting for dead discards, 
facilitating quota monitoring, supporting other fishing monitoring 
programs through quota allocations and/or generation of revenue; and 
support of research through quota allocations and/or generation of 
revenue.
    NMFS has considered the determination criteria regarding inseason 
adjustments and their applicability to the General category fishery for 
the end of 2015, including, but not limited to, the following: 
Regarding the usefulness of information obtained from catches in the 
particular category for biological sampling and monitoring of the 
status of the stock, 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.
    NMFS also considered the catches of the General 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 
bluefin tuna before the end of the fishing year; and the estimated 
amounts by which quotas for other gear categories of the fishery might 
be exceeded. 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

[[Page 74998]]

continue to be landed by General category vessels.
    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. As of November 20, 2015, the 
General category has landed approximately 550 mt, or 97 percent of its 
available 2015 quota of 566.7 mt. Overall, approximately 79 percent of 
the total of the commercial BFT subquotas for 2015 has been harvested. 
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.
    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. This transfer would be consistent with the 
quotas recently established and analyzed in the Atlantic bluefin tuna 
quota final rule (80 FR 52198, August 28, 2015) and with objectives of 
the 2006 Consolidated HMS FMP and amendments, and is not expected to 
negatively impact stock health or to affect the stock in ways not 
already analyzed in those documents.
    Based on the considerations above, NMFS is transferring 80 mt of 
Reserve category quota to the General category for the remainder of 
2015, resulting in adjusted General and Reserve category quotas for 
2015 of 646.7 mt and 2.1 mt, respectively. NMFS will close the 2015 
General category fishery when the adjusted General category quota of 
646.7 mt has been reached, or it will close automatically on December 
31, 2015.

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), and listed above. For the 
2015 fishing year, NMFS adjusted the daily retention limit from the 
default level of one large medium or giant BFT to three large medium or 
giant BFT for the January subquota period (79 FR 77943, December 29, 
2014), which closed March 31, 2015; and four large medium or giant BFT 
for the June through August period (80 FR 27863, May 15, 2015) as well 
as the September, October through November, and December periods (80 FR 
51959, August 27, 2015). NMFS has considered the relevant criteria and 
their applicability to the General category BFT retention limit for the 
remainder of the fishing year. These considerations include, but are 
not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock, additional opportunity to land bluefin tuna would 
support the collection of a broad range of data for the biological 
studies and for stock monitoring purposes. Regarding the effects of the 
adjustment on BFT rebuilding and overfishing and the effects of the 
adjustment on accomplishing the objectives of the fishery management 
plan, this action would be taken consistent with the previously 
implemented and analyzed quotas, and it is not expected to negatively 
impact stock health or otherwise affect the stock in ways not 
previously analyzed. It is also supported by the Environmental Analysis 
for the 2011 final rule regarding General and Harpoon category 
management measures, which established the current range over which 
NMFS may set the General category daily retention limit (i.e., from 
zero to five fish (76 FR 74003, November 30, 2011)). As described 
above, a 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.
    Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted for the remainder of 
the year. It would provide a reasonable opportunity to harvest the U.S. 
quota of BFT without exceeding it, while maintaining an equitable 
distribution of fishing opportunities, help optimize the ability of the 
General category to harvest its available quota, allow collection of a 
broad range of data for stock monitoring purposes, and be consistent 
with the objectives of the 2006 Consolidated HMS FMP and amendments. 
Therefore, NMFS adjusts the General category retention limit from four 
to three large medium or giant BFT per vessel per day/trip, effective 
November 25, 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 limit that 
will apply through the end of the year), whether a vessel fishing under 
the General category limit takes a two-day trip or makes two trips in 
one day, the day/trip limit of three fish applies and 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 targeted 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. 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) 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 and daily retention limit for 
the remainder of the year is impracticable as NMFS is reacting as 
quickly as possible to updated data and information that then requires

[[Page 74999]]

immediate action to be effective on the fishing grounds. NMFS could not 
effectively react to this data if, in implementing the retention limit, 
it allowed a public comment period, which, as it relates to quota 
transfers, would preclude fishermen from harvesting BFT that are 
legally available consistent with all of the regulatory criteria.
    Delays in adjusting the retention limit may result in the available 
quota being met or exceeded and NMFS needing to close the fishery 
earlier than otherwise would be necessary under a lower limit. This 
could adversely affect those General and HMS Charter/Headboat category 
vessels that would otherwise have an opportunity to harvest BFT under 
retention limits set in response to the most recent data available. 
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 designated time periods. 
Adjustment of the retention limit needs to be effective as soon as 
possible, to extend 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. Sec.  635.23(a)(4) and 
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: November 25, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-30464 Filed 11-25-15; 4:15 pm]
 BILLING CODE 3510-22-P



                                                                 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations                                        74997

                                                DEPARTMENT OF COMMERCE                                  HMS FMP) (71 FR 58058, October 2,                     category quota to date and the
                                                                                                        2006), as amended by Amendment 7 to                   likelihood of closure of that segment of
                                                National Oceanic and Atmospheric                        the 2006 Consolidated HMS FMP                         the fishery if no adjustment is made; the
                                                Administration                                          (Amendment 7) (79 FR 71510, December                  projected ability of the vessels fishing
                                                                                                        2, 2014). NMFS is required under ATCA                 under the particular category quota to
                                                50 CFR Part 635                                         and the Magnuson-Stevens Act to                       harvest the additional amount of BFT
                                                                                                        provide U.S. fishing vessels with a                   before the end of the fishing year; the
                                                [Docket No. 150121066–5717–02]
                                                                                                        reasonable opportunity to harvest the                 estimated amounts by which quotas for
                                                RIN 0648–XE335                                          ICCAT-recommended quota.                              other gear categories of the fishery might
                                                                                                           Earlier this year, NMFS implemented                be exceeded; effects of the adjustment
                                                Atlantic Highly Migratory Species;                      a final rule that increased the U.S. BFT              on BFT rebuilding and overfishing;
                                                Atlantic Bluefin Tuna Fisheries                         quota and subquotas per ICCAT                         effects of the adjustment on
                                                                                                        Recommendation 14–05 (80 FR 52198,                    accomplishing the objectives of the
                                                AGENCY:   National Marine Fisheries                     August 28, 2015). The base quota for the              fishery management plan; variations in
                                                Service (NMFS), National Oceanic and                    General category is 466.7 mt. See                     seasonal distribution, abundance, or
                                                Atmospheric Administration (NOAA),                      § 635.27(a). Each of the General category             migration patterns of BFT; effects of
                                                Commerce.                                               time periods (January, June through                   catch rates in one area precluding
                                                ACTION: Temporary rule; inseason                        August, September, October through                    vessels in another area from having a
                                                General category bluefin tuna quota                     November, and December) is allocated a                reasonable opportunity to harvest a
                                                transfer and retention limit adjustment.                portion of the annual General category                portion of the category’s quota; review
                                                                                                        quota. Although it is called the                      of dealer reports, daily landing trends,
                                                SUMMARY:   NMFS is transferring 80                      ‘‘January’’ subquota, the regulations
                                                metric tons (mt) of Atlantic bluefin tuna                                                                     and the availability of the BFT on the
                                                                                                        allow the General category fishery under              fishing grounds; optimizing fishing
                                                (BFT) quota from the Reserve category                   this quota to continue until the
                                                to the General category for the                                                                               opportunity; accounting for dead
                                                                                                        subquota is reached or March 31,                      discards, facilitating quota monitoring,
                                                remainder of the 2015 fishing year. This                whichever comes first. Based on the
                                                transfer results in an adjusted 2015                                                                          supporting other fishing monitoring
                                                                                                        General category base quota of 466.7 mt,              programs through quota allocations and/
                                                General category quota of 646.7 mt.                     the subquotas for each time period are
                                                NMFS also is adjusting the Atlantic                                                                           or generation of revenue; and support of
                                                                                                        as follows: 24.7 mt for January; 233.3 mt             research through quota allocations and/
                                                tunas General category BFT daily                        for June through August; 123.7 mt for
                                                retention limit from four large medium                                                                        or generation of revenue.
                                                                                                        September; 60.7 mt for October through
                                                or giant BFT per vessel per day/trip to                                                                          NMFS has considered the
                                                                                                        November; and 24.3 mt for December.
                                                three large medium or giant BFT per                                                                           determination criteria regarding
                                                                                                        Any unused General category quota
                                                vessel per day/trip for the remainder of                                                                      inseason adjustments and their
                                                                                                        rolls forward within the fishing year,
                                                the 2015 fishing year. This action is                                                                         applicability to the General category
                                                                                                        which coincides with the calendar year,
                                                based on consideration of the regulatory                                                                      fishery for the end of 2015, including,
                                                                                                        from one time period to the next, and
                                                determination criteria regarding                                                                              but not limited to, the following:
                                                                                                        is available for use in subsequent time
                                                inseason adjustments and applies to                                                                           Regarding the usefulness of information
                                                                                                        periods. To date this year, NMFS has
                                                Atlantic tunas General category                                                                               obtained from catches in the particular
                                                                                                        published four inseason quota transfers
                                                (commercial) permitted vessels and                      that have adjusted and distributed the                category for biological sampling and
                                                Highly Migratory Species (HMS)                          available 2015 Reserve category quota                 monitoring of the status of the stock,
                                                Charter/Headboat category permitted                     among other quota categories (80 FR                   biological samples collected from BFT
                                                vessels when fishing commercially for                   7547, February 22, 2015; 80 FR 45098,                 landed by General category fishermen
                                                BFT.                                                    July 29, 2015; 80 FR 46516, August 5,                 and provided by tuna dealers continue
                                                                                                        2015; and 80 FR 68265, November 4,                    to provide NMFS with valuable parts
                                                DATES:  Effective November 25, 2015                                                                           and data for ongoing scientific studies of
                                                through December 31, 2015.                              2015). The Reserve category balance
                                                                                                        currently is 82.1 mt. The adjusted                    BFT age and growth, migration, and
                                                FOR FURTHER INFORMATION CONTACT:                                                                              reproductive status. Additional
                                                                                                        General category quota, following the
                                                Sarah McLaughlin or Brad McHale,                                                                              opportunity to land BFT would support
                                                                                                        four inseason actions, is 566.7 mt.
                                                978–281–9260.                                                                                                 the collection of a broad range of data
                                                SUPPLEMENTARY INFORMATION:                              Quota Transfer                                        for these studies and for stock
                                                Regulations implemented under the                          The 2015 General category fishery                  monitoring purposes.
                                                authority of the Atlantic Tunas                         was open January 1, 2015, through                        NMFS also considered the catches of
                                                Convention Act (ATCA; 16 U.S.C. 971 et                  March 31, 2015, reopened June 1, 2015,                the General category quota to date and
                                                seq.) and the Magnuson-Stevens Fishery                  and remains open until December 31,                   the likelihood of closure of that segment
                                                Conservation and Management Act                         2015, or until the General category                   of the fishery if no adjustment is made;
                                                (Magnuson-Stevens Act; 16 U.S.C. 1801                   quota is reached, whichever comes first.              the projected ability of the vessels
                                                et seq.) governing the harvest of BFT by                   Under § 635.27(a)(9), NMFS has the                 fishing under the particular category
                                                persons and vessels subject to U.S.                     authority to transfer quota among                     quota to harvest the additional amount
                                                jurisdiction are found at 50 CFR part                   fishing categories or subcategories, after            of bluefin tuna before the end of the
                                                635. Section 635.27 subdivides the U.S.                 considering determination criteria                    fishing year; and the estimated amounts
                                                BFT quota recommended by the                            provided under § 635.27(a)(8), including              by which quotas for other gear
mstockstill on DSK4VPTVN1PROD with RULES




                                                International Commission for the                        five new criteria recently added in                   categories of the fishery might be
                                                Conservation of Atlantic Tunas (ICCAT)                  Amendment 7. The determination                        exceeded. General category landings in
                                                among the various domestic fishing                      criteria are: The usefulness of                       the winter BFT fishery, which typically
                                                categories, per the allocations                         information obtained from catches in                  begins in December or January each
                                                established in the 2006 Consolidated                    the particular category for biological                year, are highly variable and depend on
                                                Highly Migratory Species Fishery                        sampling and monitoring of the status of              availability of commercial-sized BFT to
                                                Management Plan (2006 Consolidated                      the stock; the catches of the particular              participants. Commercial-sized BFT


                                           VerDate Sep<11>2014   18:38 Nov 30, 2015   Jkt 238001   PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\01DER1.SGM   01DER1


                                                74998            Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations

                                                continue to be landed by General                        the January subquota period (79 FR                       Regardless of the duration of a fishing
                                                category vessels.                                       77943, December 29, 2014), which                      trip, the daily retention limit applies
                                                   Without a quota transfer at this time,               closed March 31, 2015; and four large                 upon landing. For example (and specific
                                                NMFS would have to close the 2015                       medium or giant BFT for the June                      to the limit that will apply through the
                                                General category fishery as the currently               through August period (80 FR 27863,                   end of the year), whether a vessel
                                                available General category quota would                  May 15, 2015) as well as the September,               fishing under the General category limit
                                                be reached shortly. As of November 20,                  October through November, and                         takes a two-day trip or makes two trips
                                                2015, the General category has landed                   December periods (80 FR 51959, August                 in one day, the day/trip limit of three
                                                approximately 550 mt, or 97 percent of                  27, 2015). NMFS has considered the                    fish applies and may not be exceeded
                                                its available 2015 quota of 566.7 mt.                   relevant criteria and their applicability             upon landing. This General category
                                                Overall, approximately 79 percent of the                to the General category BFT retention                 retention limit is effective in all areas,
                                                total of the commercial BFT subquotas                   limit for the remainder of the fishing                except for the Gulf of Mexico, where
                                                for 2015 has been harvested. NMFS will                  year. These considerations include, but               NMFS prohibits targeted fishing for
                                                need to account for 2015 landings and                   are not limited to, the following:                    BFT, and applies to those vessels
                                                dead discards within the adjusted U.S.                     Regarding the usefulness of                        permitted in the General category, as
                                                quota, consistent with ICCAT                            information obtained from catches in                  well as to those HMS Charter/Headboat
                                                recommendations, and anticipates                        the particular category for biological                permitted vessels fishing commercially
                                                having sufficient quota to do that even                 sampling and monitoring of the status of              for BFT.
                                                with this transfer. This quota transfer                 the stock, additional opportunity to land
                                                would provide additional opportunities                                                                        Monitoring and Reporting
                                                                                                        bluefin tuna would support the
                                                to harvest the U.S. bluefin quota                                                                               NMFS will continue to monitor the
                                                                                                        collection of a broad range of data for
                                                without exceeding it, while preserving                                                                        BFT fishery closely. Dealers are required
                                                                                                        the biological studies and for stock
                                                the opportunity for General category                                                                          to submit landing reports within 24
                                                                                                        monitoring purposes. Regarding the
                                                fishermen to participate in the winter                                                                        hours of a dealer receiving BFT.
                                                                                                        effects of the adjustment on BFT
                                                BFT fishery.                                                                                                  General, HMS Charter/Headboat,
                                                                                                        rebuilding and overfishing and the
                                                   Another principal consideration is the                                                                     Harpoon, and Angling category vessel
                                                                                                        effects of the adjustment on
                                                objective of providing opportunities to                                                                       owners are required to report the catch
                                                                                                        accomplishing the objectives of the
                                                harvest the full annual U.S. BFT quota                                                                        of all BFT retained or discarded dead,
                                                                                                        fishery management plan, this action                  within 24 hours of the landing(s) or end
                                                without exceeding it based on the goals
                                                                                                        would be taken consistent with the                    of each trip, by accessing
                                                of the 2006 Consolidated HMS FMP and
                                                                                                        previously implemented and analyzed                   hmspermits.noaa.gov. Depending on the
                                                Amendment 7, including to achieve
                                                                                                        quotas, and it is not expected to                     level of fishing effort and catch rates of
                                                optimum yield on a continuing basis
                                                and to optimize the ability of all permit               negatively impact stock health or                     BFT, NMFS may determine that
                                                categories to harvest their full BFT                    otherwise affect the stock in ways not                additional adjustment or closure is
                                                quota allocations. This transfer would                  previously analyzed. It is also supported             necessary to ensure available quota is
                                                be consistent with the quotas recently                  by the Environmental Analysis for the                 not exceeded or to enhance scientific
                                                established and analyzed in the Atlantic                2011 final rule regarding General and                 data collection from, and fishing
                                                bluefin tuna quota final rule (80 FR                    Harpoon category management                           opportunities in, all geographic areas. If
                                                52198, August 28, 2015) and with                        measures, which established the current               needed, subsequent adjustments will be
                                                objectives of the 2006 Consolidated                     range over which NMFS may set the                     published in the Federal Register. In
                                                HMS FMP and amendments, and is not                      General category daily retention limit                addition, fishermen may call the
                                                expected to negatively impact stock                     (i.e., from zero to five fish (76 FR 74003,           Atlantic Tunas Information Line at (978)
                                                health or to affect the stock in ways not               November 30, 2011)). As described                     281–9260, or access
                                                already analyzed in those documents.                    above, a principal consideration is the               hmspermits.noaa.gov, for updates on
                                                   Based on the considerations above,                   objective of providing opportunities to               quota monitoring and inseason
                                                NMFS is transferring 80 mt of Reserve                   harvest the full annual U.S. BFT quota                adjustments.
                                                category quota to the General category                  without exceeding it based on the goals
                                                                                                        of the 2006 Consolidated HMS FMP and                  Classification
                                                for the remainder of 2015, resulting in
                                                adjusted General and Reserve category                   Amendment 7.                                            The Assistant Administrator for
                                                quotas for 2015 of 646.7 mt and 2.1 mt,                    Based on these considerations, NMFS                NMFS (AA) finds that it is impracticable
                                                respectively. NMFS will close the 2015                  has determined that a three-fish General              and contrary to the public interest to
                                                General category fishery when the                       category retention limit is warranted for             provide prior notice of, and an
                                                adjusted General category quota of 646.7                the remainder of the year. It would                   opportunity for public comment on, this
                                                mt has been reached, or it will close                   provide a reasonable opportunity to                   action for the following reasons:
                                                automatically on December 31, 2015.                     harvest the U.S. quota of BFT without                   The regulations implementing the
                                                                                                        exceeding it, while maintaining an                    2006 Consolidated HMS FMP and
                                                Adjustment of General Category Daily                    equitable distribution of fishing                     amendments provide for inseason
                                                Retention Limit                                         opportunities, help optimize the ability              retention limit adjustments to respond
                                                   Under § 635.23(a)(4), NMFS may                       of the General category to harvest its                to the unpredictable nature of BFT
                                                increase or decrease the daily retention                available quota, allow collection of a                availability on the fishing grounds, the
                                                limit of large medium and giant BFT                     broad range of data for stock monitoring              migratory nature of this species, and the
                                                over a range of zero to a maximum of                    purposes, and be consistent with the                  regional variations in the BFT fishery.
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                                                five per vessel based on consideration of               objectives of the 2006 Consolidated                   Affording prior notice and opportunity
                                                the relevant criteria provided under                    HMS FMP and amendments. Therefore,                    for public comment to implement the
                                                § 635.27(a)(8), and listed above. For the               NMFS adjusts the General category                     quota transfer and daily retention limit
                                                2015 fishing year, NMFS adjusted the                    retention limit from four to three large              for the remainder of the year is
                                                daily retention limit from the default                  medium or giant BFT per vessel per                    impracticable as NMFS is reacting as
                                                level of one large medium or giant BFT                  day/trip, effective November 25, 2015                 quickly as possible to updated data and
                                                to three large medium or giant BFT for                  through December 31, 2015.                            information that then requires


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                                                                 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations                                          74999

                                                immediate action to be effective on the                 Atmospheric Administration (NOAA),                    management measures such as flexible
                                                fishing grounds. NMFS could not                         Commerce.                                             opening dates for the fishing season and
                                                effectively react to this data if, in                   ACTION: Final rule; fishing season                    inseason adjustments to shark trip
                                                implementing the retention limit, it                    notification.                                         limits, which provide management
                                                allowed a public comment period,                                                                              flexibility in furtherance of equitable
                                                which, as it relates to quota transfers,                SUMMARY:   This final rule establishes an             fishing opportunities, to the extent
                                                would preclude fishermen from                           opening date of January 1, 2016, for all              practicable, for commercial shark
                                                harvesting BFT that are legally available               Atlantic shark fisheries, including the               fishermen in all regions and areas.
                                                consistent with all of the regulatory                   fisheries in the Gulf of Mexico. This                    On August 18, 2015 (80 FR 49974),
                                                criteria.                                               final rule also establishes the quotas for            NMFS published a rule proposing the
                                                   Delays in adjusting the retention limit              the 2016 fishing season based on over-                2016 opening dates for the Atlantic
                                                may result in the available quota being                 and/or underharvests experienced                      commercial shark fisheries and quotas,
                                                met or exceeded and NMFS needing to                     during 2015 and previous fishing                      based on shark landings information
                                                close the fishery earlier than otherwise                seasons. The large coastal shark (LCS)                reported as of July 15, 2015. The August
                                                would be necessary under a lower limit.                 retention limit for directed shark limited            2015 proposed rule contains details that
                                                This could adversely affect those                       access permit holders will start at 45                are not repeated here. The comment
                                                General and HMS Charter/Headboat                        LCS other than sandbar sharks per trip                period on the proposed rule ended on
                                                category vessels that would otherwise                   in the Gulf of Mexico region and at 36                September 17, 2015.
                                                have an opportunity to harvest BFT                      LCS other than sandbar sharks per trip                   During the comment period, NMFS
                                                under retention limits set in response to               in the Atlantic region. These retention               received several written and oral
                                                the most recent data available. Limited                 limits for directed shark limited access              comments on the proposed rule. Those
                                                opportunities to harvest the respective                 permit holders may decrease or increase               comments, along with the Agency’s
                                                quotas may have negative social and                     during the year to provide, to the extent             responses, are summarized below. As
                                                economic impacts for U.S. fishermen                     practicable, fishing opportunities for                further detailed in the Response to
                                                that depend upon catching the available                 commercial shark fishermen in all                     Comments section, after considering all
                                                quota within the designated time                        regions and areas. NMFS anticipates                   the comments, NMFS is opening the
                                                periods. Adjustment of the retention                    that the retention limit in the Atlantic              fishing seasons for all shark
                                                limit needs to be effective as soon as                  region will likely increase to the default            management groups on January 1, 2016,
                                                possible, to extend fishing opportunities               limit of 45 LCS other than sandbar                    as proposed in the August 18, 2015,
                                                for fishermen in geographic areas with                  sharks per trip around July 15, 2016,                 proposed rule. For directed shark
                                                access to the fishery only during this                  subject to NMFS’ evaluation of the                    limited access permit holders, the Gulf
                                                time period. Therefore, the AA finds                    inseason trip limit adjustment criteria.              of Mexico blacktip, aggregated LCS, and
                                                                                                        These actions could affect fishing                    hammerhead management groups will
                                                good cause under 5 U.S.C. 553(b)(B) to
                                                                                                        opportunities for commercial shark                    start the fishing season with a retention
                                                waive prior notice and the opportunity
                                                                                                        fishermen in the northwestern Atlantic                limit of 45 LCS other than sandbar
                                                for public comment. For these reasons,
                                                                                                        Ocean, including the Gulf of Mexico                   sharks per vessel per trip. The
                                                there is good cause under 5 U.S.C.
                                                                                                        and Caribbean Sea.                                    aggregated LCS and hammerhead shark
                                                553(d) to waive the 30-day delay in
                                                                                                                                                              management groups in the Atlantic
                                                effectiveness.                                          DATES: This rule is effective on January
                                                                                                                                                              region will start the fishing season with
                                                   This action is being taken under                     1, 2016. The 2016 Atlantic commercial
                                                                                                                                                              a retention limit of 36 LCS other than
                                                §§ 635.23(a)(4) and 635.27(a)(9), and is                shark fishing season opening dates and
                                                                                                                                                              sandbar sharks per vessel per trip for
                                                exempt from review under Executive                      quotas are provided in Table 1 under
                                                                                                                                                              directed shark limited access permit
                                                Order 12866.                                            SUPPLEMENTARY INFORMATION.
                                                                                                                                                              holders, which is a change from the
                                                   Authority: 16 U.S.C. 971 et seq. and 1801            ADDRESSES: Highly Migratory Species                   proposed rule. Also, some of the quotas
                                                et seq.                                                 Management Division, 1315 East-West                   have changed since the proposed rule,
                                                  Dated: November 25, 2015.
                                                                                                        Highway, Silver Spring, MD 20910.                     based on updated landings information
                                                                                                        FOR FURTHER INFORMATION CONTACT: Guý                 as of October 16, 2015. The retention
                                                Emily H. Menashes,
                                                                                                        DuBeck or Karyl Brewster-Geisz at 301–                limit for incidental shark limited access
                                                Acting Director, Office of Sustainable
                                                Fisheries, National Marine Fisheries Service.           427–8503.                                             permit holders has not changed and
                                                [FR Doc. 2015–30464 Filed 11–25–15; 4:15 pm]            SUPPLEMENTARY INFORMATION:                            remains at 3 LCS other than sandbar
                                                                                                                                                              sharks per trip and a combined total of
                                                BILLING CODE 3510–22–P                                  Background
                                                                                                                                                              16 small coastal sharks (SCS) and
                                                                                                           The Atlantic commercial shark                      pelagic sharks, combined, per trip,
                                                DEPARTMENT OF COMMERCE                                  fisheries are managed under the                       consistent with § 635.24(a)(3) and (4).
                                                                                                        authority of the Magnuson-Stevens                        This final rule serves as notification of
                                                National Oceanic and Atmospheric                        Fishery Conservation and Management                   the 2016 opening dates of the Atlantic
                                                Administration                                          Act (Magnuson-Stevens Act). The 2006                  commercial shark fisheries and 2016
                                                                                                        Consolidated Highly Migratory Species                 quotas, based on shark landings updated
                                                50 CFR Part 635                                         (HMS) Fishery Management Plan (FMP)                   as of October 16, 2015, pursuant to the
                                                                                                        and its amendments are implemented                    ‘‘opening commercial fishing season’’
                                                [Docket No. 150413357–5999–02]                          by regulations at 50 CFR part 635. For                criteria at § 635.27(b)(3)(i) through (vii).
                                                                                                        the Atlantic commercial shark fisheries,              This action does not change the annual
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                                                RIN 0648–XD898                                          the 2006 Consolidated HMS FMP and                     base commercial quotas established
                                                Atlantic Highly Migratory Species;                      its amendments established, among                     under the 2006 Consolidated HMS FMP
                                                2016 Atlantic Shark Commercial                          other things, commercial shark retention              and its amendments for any shark
                                                Fishing Season                                          limits, commercial quotas for species                 management group. Any such changes
                                                                                                        and management groups, accounting                     would be performed through a separate
                                                AGENCY:  National Marine Fisheries                      measures for under- and overharvests                  action. Rather, this action adjusts the
                                                Service (NMFS), National Oceanic and                    for the shark fisheries, and adaptive                 annual base commercial quotas for 2016


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Document Created: 2018-03-02 09:10:35
Document Modified: 2018-03-02 09:10:35
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 bluefin tuna quota transfer and retention limit adjustment.
DatesEffective November 25, 2015 through December 31, 2015.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation80 FR 74997 
RIN Number0648-XE33

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