80_FR_77503 80 FR 77264 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

80 FR 77264 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 239 (December 14, 2015)

Page Range77264-77267
FR Document2015-31384

NMFS is transferring 24.3 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the General category December 2016 subquota period to the January 2016 subquota period (from January 1 through March 31, 2016, or until the available subquota for this period is reached, whichever comes first). NMFS also is adjusting the Atlantic tunas General category BFT daily retention limit for the January 2016 subquota period to three large medium or giant BFT from the default retention limit of one. 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 239 (Monday, December 14, 2015) 
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Rules and Regulations]
[Pages 77264-77267]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31384]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XE327


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 24.3 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the General category December 2016 subquota 
period to the January 2016 subquota period (from January 1 through 
March 31, 2016, or until the available subquota for this period is 
reached, whichever comes first). NMFS also is adjusting the Atlantic 
tunas General category BFT daily retention limit for the January 2016 
subquota period to three large medium or giant BFT from the default 
retention limit of one. 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: The quota transfer is effective January 1, 2016. The General 
category retention limit adjustment is effective January 1, 2016, 
through March 31, 2016.

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.

Inseason Transfer to the General Category

    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.

Quota Transfer

    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories, after

[[Page 77265]]

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 January 2016 subquota period, 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 (including during the winter fishery in the last several years), 
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; 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 are highly variable 
and depend on availability. Commercial-sized BFT tuna are typically 
available in January and may continue to be through March.
    Without a quota transfer from December 2016 to January 2016 for the 
General category at this time, the quota available for the January 
through March 2016 period would be 24.7 mt (5.3 percent of the General 
category quota), and participants would have to stop BFT fishing 
activities once that amount is met, while commercial-sized BFT may 
remain available in the areas where General category permitted vessels 
operate. Transferring the 24.3-mt quota available for December 2016 
(5.2 percent of the General category quota) would result in 49 mt (10.5 
percent of the General category quota) being available for the January 
subquota period. This quota transfer would provide additional 
opportunities to harvest the U.S. BFT 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 BFT 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.
    NMFS also anticipates that some underharvest of the 2015 adjusted 
U.S. BFT quota will be carried forward to 2016 to the Reserve category, 
in accordance with the regulations implementing Amendment 7. This, in 
addition to the fact that any unused General category quota will roll 
forward to the next subperiod within the calendar year, makes it 
possible that General category quota will remain available through the 
end of 2016 for December fishery participants, even with the quota 
transfer. NMFS also may choose to transfer unused quota from the 
Reserve or other categories, inseason, based on consideration of the 
determination criteria, as NMFS did for late 2015 (80 FR 68265, 
November 4, 2015; 80 FR 74997, December 1, 2015). Therefore, NMFS 
anticipates that General category participants in all areas and time 
periods will have opportunities to harvest the General category quota. 
Thus, this quota transfer would allow fishermen to take advantage of 
the availability of fish on the fishing grounds, consider the expected 
increases in available 2016 quota later in the year, and provide a 
reasonable opportunity to harvest the full U.S. BFT quota.
    Based on the considerations above, NMFS is transferring 24.3 mt of 
General category quota allocated for the December 2016 period to the 
January 2016 period, resulting in a subquota of 49 mt for the January 
2016 period and a subquota of 0 mt for the December period. NMFS will 
close the General category January fishery when the adjusted January 
period subquota of 49 mt has been reached, or it will close 
automatically on March 31, 2016, whichever comes first, and it will 
remain closed until the General category fishery reopens on June 1, 
2016.

Adjustment of General Category Daily Retention Limit

    Unless changed, the General category daily retention limit starting 
on January 1 would be the default retention limit of one large medium 
or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) per vessel per day/trip (Sec.  635.23(a)(2)). This default 
retention limit would apply to General category permitted vessels and 
to HMS Charter/Headboat category permitted vessels when fishing 
commercially for BFT. For the 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; 
four large medium or giant BFT for the June through August period (80 
FR 27863, May 15, 2015) as well as September 1 through November 27, 
2015 (80 FR 51959, August 27, 2015); and three large medium or giant 
BFT for November 28 through December 31, 2015, or until the available 
General category quota is reached, whichever comes first (80 FR 74997, 
December 1, 2015).
    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. NMFS

[[Page 77266]]

has considered the relevant criteria and their applicability to the 
General category BFT retention limit for the January 2016 subquota 
period. These considerations include, but are not limited to, the 
following:
    As described above with regard to the quota transfer, additional 
opportunity to land BFT would support the collection of a broad range 
of data for the biological studies and for stock monitoring purposes. 
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 BFT 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, as 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 
increased the General category maximum daily retention limit from three 
to five fish (76 FR 74003, November 30, 2011).
    Regarding 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, in 2012, 2013, and 2014, the available January 
subquota (23.1 mt) was reached on January 22, February 15, and March 
21, respectively, under a limit of two large medium or giant BFT, and 
in each of these years the General category did not reach its available 
quota by the end of the year. For 2015, the adjusted January subquota 
of 45.7 (reflecting the first of the inseason actions described above 
as well as implementation of the final BFT quota rule) was not met 
under a daily retention limit of three large medium or giant BFT.
    As noted above, commercial-sized BFT are typically available in 
January and may continue to be through March. Considering this 
information and the transfer of the December 2016 subquota to the quota 
for the January 2016 time period (for an adjusted total of 49 mt), the 
default one-fish limit likely would be overly restrictive. Increasing 
the daily retention limit from the default may mitigate rolling an 
excessive amount of unused quota from one time-period subquota to the 
next and thus help maintain an equitable distribution of fishing 
opportunities. Although NMFS has the authority to set the daily 
retention limit to up to five fish, the rate of harvest of the January 
subquota could be accelerated under a high limit (and higher fish 
availability), and result in a relatively short fishing season. A short 
fishing season may preclude or reduce fishing opportunities for some 
individuals or geographic areas because of the migratory nature and 
seasonal distribution of BFT.
    Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted for the January 2016 
subquota. 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 full 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 increases the General category retention limit from the default 
limit (one) to three large medium or giant BFT per vessel per day/trip, 
effective January 1, 2016, through March 31, 2016, or until the 49-mt 
January subquota is harvested, whichever comes first.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example, during the January 2016 
subquota period, 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 January 2016 subquota time period is impracticable. NMFS could not 
have proposed these actions earlier, as it needed to consider and 
respond to updated data and information from the 2015 General category 
fishery, including during late 2015, in deciding to transfer the 
December 2016 quota to the January 2016 subquota period and selecting 
the appropriate retention limit for the January 2016 subquota period. 
If NMFS was to offer a public comment period now, after having 
appropriately considered that data, it would preclude fishermen from 
harvesting BFT that are legally available consistent with all of the 
regulatory criteria, and/or could result in selection of a retention 
limit inappropriately high for the amount of quota available for the 
period.
    Delays in increasing the daily retention limit would adversely 
affect those General and HMS Charter/Headboat category vessels that 
would otherwise have an opportunity to harvest more than the default 
retention limit of one BFT per day/trip and may exacerbate the problem 
of low catch rates and quota rollovers. Limited opportunities to 
harvest the respective quotas may have negative social and economic 
impacts for U.S. fishermen that depend upon catching the available 
quota within the designated time periods. Adjustment of the retention 
limit needs to be effective January 1, 2016, or as soon as possible 
thereafter, to minimize any unnecessary disruption in fishing patterns, 
to allow the

[[Page 77267]]

impacted sectors to benefit from the adjustment, and to provide 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: December 9, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-31384 Filed 12-11-15; 8:45 am]
BILLING CODE 3510-22-P

77264 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations Polymer CAS No. * * * * * * * Fatty acids, C18-unsatd., dimers, polymers with ethylenediamine and stearyl alcohol, minimum number average molecular weight (in amu) 1,400 ...................................................................................................................................................................... 363162–42–9 Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with ethylenediamine, neopentyl glycol and stearyl alcohol, minimum number average molecular weight (in amu) 1,400 .......................................................................................................................... 678991–29–2 Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with ethylenediamine and stearyl alcohol, minimum number average molecular weight (in amu) 1,400 ..................................................................................................................................................... 951153–32–5 Fatty acids, C18-unsatd., dimers, polymers with 1-docosanol and ethylenediamine, minimum number average molecular weight (in amu) 1,400 .................................................................................................................................................................................. 1699751–19–3 Fatty acids, C18-unsatd., dimers, polymers with cetyl alcohol, neopentyl glycol and trimethylenediamine, minimum number aver- age molecular weight (in amu) 1,400 .............................................................................................................................................. 1699751–23–9 Fatty acids, C18-unsatd., dimers, polymers with hexamethylenediamine and stearyl alcohol, minimum number average molecular weight (in amu) 1,400 ...................................................................................................................................................................... 1699751–24–0 Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with cetyl alcohol and ethylenediamine, minimum number average molecular weight (in amu) 1,400 ..................................................................................................................................................... 1699751–25–1 Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with neopentyl glycol, stearyl alcohol and trimethylenediamine, min- imum number average molecular weight (in amu) 1,400 ................................................................................................................ 1699751–28–4 Fatty acids, C18-unsatd., dimers, polymers with 1-docosanol and trimethylenediamine, minimum number average molecular weight (in amu) 1,400 ...................................................................................................................................................................... 1699751–29–5 Fatty acids, C18-unsatd., dimers, polymers with 1-docosanol, hexamethylenediamine and neopentyl glycol, minimum number av- erage molecular weight (in amu) 1,400 ........................................................................................................................................... 1699751–31–9 Fatty acids, C18-unsatd., dimers, polymers with docosanoic acid, 1,3-propanediol and sorbitol, minimum number average molec- ular weight (in amu) 1,400 ............................................................................................................................................................... 1685271–04–8 * * * * * * * * * * * * determination criteria regarding and the Magnuson-Stevens Act to [FR Doc. 2015–30924 Filed 12–11–15; 8:45 am] inseason adjustments and applies to provide U.S. fishing vessels with a BILLING CODE 6560–50–P Atlantic tunas General category reasonable opportunity to harvest the (commercial) permitted vessels and ICCAT-recommended quota. Highly Migratory Species (HMS) Inseason Transfer to the General DEPARTMENT OF COMMERCE Charter/Headboat category permitted Category vessels when fishing commercially for National Oceanic and Atmospheric BFT. Earlier this year, NMFS implemented Administration a final rule that increased the U.S. BFT DATES: The quota transfer is effective quota and subquotas per ICCAT January 1, 2016. The General category 50 CFR Part 635 Recommendation 14–05 (80 FR 52198, retention limit adjustment is effective August 28, 2015). The base quota for the [Docket No. 150121066–5717–02] January 1, 2016, through March 31, General category is 466.7 mt. See 2016. § 635.27(a). Each of the General category RIN 0648–XE327 FOR FURTHER INFORMATION CONTACT: time periods (January, June through Atlantic Highly Migratory Species; Sarah McLaughlin or Brad McHale, August, September, October through Atlantic Bluefin Tuna Fisheries 978–281–9260. November, and December) is allocated a SUPPLEMENTARY INFORMATION: portion of the annual General category AGENCY: National Marine Fisheries Regulations implemented under the quota. Although it is called the Service (NMFS), National Oceanic and authority of the Atlantic Tunas ‘‘January’’ subquota, the regulations Atmospheric Administration (NOAA), Convention Act (ATCA; 16 U.S.C. 971 et allow the General category fishery under Commerce. seq.) and the Magnuson-Stevens Fishery this quota to continue until the ACTION: Temporary rule; inseason Conservation and Management Act subquota is reached or March 31, General category bluefin tuna quota (Magnuson-Stevens Act; 16 U.S.C. 1801 whichever comes first. Based on the transfer and retention limit adjustment. et seq.) governing the harvest of BFT by General category base quota of 466.7 mt, persons and vessels subject to U.S. the subquotas for each time period are SUMMARY: NMFS is transferring 24.3 jurisdiction are found at 50 CFR part as follows: 24.7 mt for January; 233.3 mt metric tons (mt) of Atlantic bluefin tuna 635. Section 635.27 subdivides the U.S. for June through August; 123.7 mt for (BFT) quota from the General category BFT quota recommended by the September; 60.7 mt for October through December 2016 subquota period to the International Commission for the November; and 24.3 mt for December. January 2016 subquota period (from Conservation of Atlantic Tunas (ICCAT) Any unused General category quota January 1 through March 31, 2016, or among the various domestic fishing rolls forward within the fishing year, until the available subquota for this categories, per the allocations which coincides with the calendar year, period is reached, whichever comes established in the 2006 Consolidated from one time period to the next, and mstockstill on DSK4VPTVN1PROD with RULES first). NMFS also is adjusting the Highly Migratory Species Fishery is available for use in subsequent time Atlantic tunas General category BFT Management Plan (2006 Consolidated periods. daily retention limit for the January HMS FMP) (71 FR 58058, October 2, 2016 subquota period to three large 2006), as amended by Amendment 7 to Quota Transfer medium or giant BFT from the default the 2006 Consolidated HMS FMP Under § 635.27(a)(9), NMFS has the retention limit of one. This action is (Amendment 7) (79 FR 71510, December authority to transfer quota among based on consideration of the regulatory 2, 2014). NMFS is required under ATCA fishing categories or subcategories, after VerDate Sep<11>2014 16:45 Dec 11, 2015 Jkt 238001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.SGM 14DER1

Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 77265 considering determination criteria before the end of the fishing year; and determination criteria, as NMFS did for provided under § 635.27(a)(8), including the estimated amounts by which quotas late 2015 (80 FR 68265, November 4, five new criteria recently added in for other gear categories of the fishery 2015; 80 FR 74997, December 1, 2015). Amendment 7. The determination might be exceeded. General category Therefore, NMFS anticipates that criteria are: The usefulness of landings in the winter BFT fishery are General category participants in all information obtained from catches in highly variable and depend on areas and time periods will have the particular category for biological availability. Commercial-sized BFT tuna opportunities to harvest the General sampling and monitoring of the status of are typically available in January and category quota. Thus, this quota transfer the stock; the catches of the particular may continue to be through March. would allow fishermen to take category quota to date and the Without a quota transfer from advantage of the availability of fish on likelihood of closure of that segment of December 2016 to January 2016 for the the fishing grounds, consider the the fishery if no adjustment is made; the General category at this time, the quota expected increases in available 2016 projected ability of the vessels fishing available for the January through March quota later in the year, and provide a under the particular category quota to 2016 period would be 24.7 mt (5.3 reasonable opportunity to harvest the harvest the additional amount of BFT percent of the General category quota), full U.S. BFT quota. before the end of the fishing year; the and participants would have to stop Based on the considerations above, estimated amounts by which quotas for BFT fishing activities once that amount NMFS is transferring 24.3 mt of General other gear categories of the fishery might is met, while commercial-sized BFT category quota allocated for the be exceeded; effects of the adjustment may remain available in the areas where December 2016 period to the January on BFT rebuilding and overfishing; General category permitted vessels 2016 period, resulting in a subquota of effects of the adjustment on operate. Transferring the 24.3-mt quota 49 mt for the January 2016 period and accomplishing the objectives of the available for December 2016 (5.2 a subquota of 0 mt for the December fishery management plan; variations in percent of the General category quota) period. NMFS will close the General seasonal distribution, abundance, or would result in 49 mt (10.5 percent of category January fishery when the migration patterns of BFT; effects of the General category quota) being adjusted January period subquota of 49 catch rates in one area precluding available for the January subquota mt has been reached, or it will close vessels in another area from having a period. This quota transfer would automatically on March 31, 2016, reasonable opportunity to harvest a provide additional opportunities to whichever comes first, and it will portion of the category’s quota; review harvest the U.S. BFT quota without remain closed until the General category of dealer reports, daily landing trends, exceeding it, while preserving the fishery reopens on June 1, 2016. and the availability of the BFT on the opportunity for General category Adjustment of General Category Daily fishing grounds; optimizing fishing fishermen to participate in the winter Retention Limit opportunity; accounting for dead BFT fishery. discards, facilitating quota monitoring, Another principal consideration is the Unless changed, the General category supporting other fishing monitoring objective of providing opportunities to daily retention limit starting on January programs through quota allocations and/ harvest the full annual U.S. BFT quota 1 would be the default retention limit of or generation of revenue; and support of without exceeding it based on the goals one large medium or giant BFT research through quota allocations and/ of the 2006 Consolidated HMS FMP and (measuring 73 inches (185 cm) curved or generation of revenue. Amendment 7, including to achieve fork length (CFL) or greater) per vessel NMFS has considered the optimum yield on a continuing basis per day/trip (§ 635.23(a)(2)). This determination criteria regarding and to optimize the ability of all permit default retention limit would apply to inseason adjustments and their categories to harvest their full BFT General category permitted vessels and applicability to the General category quota allocations. This transfer would to HMS Charter/Headboat category fishery for the January 2016 subquota be consistent with the quotas recently permitted vessels when fishing period, including, but not limited to, the established and analyzed in the BFT commercially for BFT. For the 2015 following: Regarding the usefulness of quota final rule (80 FR 52198, August fishing year, NMFS adjusted the daily information obtained from catches in 28, 2015), and with objectives of the retention limit from the default level of the particular category for biological 2006 Consolidated HMS FMP and one large medium or giant BFT to three sampling and monitoring of the status of amendments, and is not expected to large medium or giant BFT for the the stock, biological samples collected negatively impact stock health or to January subquota period (79 FR 77943, from BFT landed by General category affect the stock in ways not already December 29, 2014), which closed fishermen and provided by tuna dealers analyzed in those documents. March 31, 2015; four large medium or continue to provide NMFS with NMFS also anticipates that some giant BFT for the June through August valuable parts and data for ongoing underharvest of the 2015 adjusted U.S. period (80 FR 27863, May 15, 2015) as scientific studies of BFT age and BFT quota will be carried forward to well as September 1 through November growth, migration, and reproductive 2016 to the Reserve category, in 27, 2015 (80 FR 51959, August 27, status. Additional opportunity to land accordance with the regulations 2015); and three large medium or giant BFT would support the collection of a implementing Amendment 7. This, in BFT for November 28 through December broad range of data for these studies and addition to the fact that any unused 31, 2015, or until the available General for stock monitoring purposes. General category quota will roll forward category quota is reached, whichever NMFS also considered the catches of to the next subperiod within the comes first (80 FR 74997, December 1, the General category quota to date calendar year, makes it possible that 2015). mstockstill on DSK4VPTVN1PROD with RULES (including during the winter fishery in General category quota will remain Under § 635.23(a)(4), NMFS may the last several years), and the available through the end of 2016 for increase or decrease the daily retention likelihood of closure of that segment of December fishery participants, even limit of large medium and giant BFT the fishery if no adjustment is made; the with the quota transfer. NMFS also may over a range of zero to a maximum of projected ability of the vessels fishing choose to transfer unused quota from five per vessel based on consideration of under the particular category quota to the Reserve or other categories, the relevant criteria provided under harvest the additional amount of BFT inseason, based on consideration of the § 635.27(a)(8), and listed above. NMFS VerDate Sep<11>2014 16:45 Dec 11, 2015 Jkt 238001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.SGM 14DER1

77266 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations has considered the relevant criteria and help maintain an equitable distribution not exceeded or to enhance scientific their applicability to the General of fishing opportunities. Although data collection from, and fishing category BFT retention limit for the NMFS has the authority to set the daily opportunities in, all geographic areas. If January 2016 subquota period. These retention limit to up to five fish, the rate needed, subsequent adjustments will be considerations include, but are not of harvest of the January subquota could published in the Federal Register. In limited to, the following: be accelerated under a high limit (and addition, fishermen may call the As described above with regard to the higher fish availability), and result in a Atlantic Tunas Information Line at (978) quota transfer, additional opportunity to relatively short fishing season. A short 281–9260, or access land BFT would support the collection fishing season may preclude or reduce hmspermits.noaa.gov, for updates on of a broad range of data for the fishing opportunities for some quota monitoring and inseason biological studies and for stock individuals or geographic areas because adjustments. monitoring purposes. Regarding the of the migratory nature and seasonal usefulness of information obtained from Classification distribution of BFT. catches in the particular category for Based on these considerations, NMFS The Assistant Administrator for biological sampling and monitoring of has determined that a three-fish General NMFS (AA) finds that it is impracticable the status of the stock, additional category retention limit is warranted for and contrary to the public interest to opportunity to land BFT would support the January 2016 subquota. It would provide prior notice of, and an the collection of a broad range of data provide a reasonable opportunity to opportunity for public comment on, this for the biological studies and for stock harvest the U.S. quota of BFT without action for the following reasons: monitoring purposes. Regarding the exceeding it, while maintaining an The regulations implementing the effects of the adjustment on BFT equitable distribution of fishing 2006 Consolidated HMS FMP and rebuilding and overfishing and the opportunities, help optimize the ability amendments provide for inseason effects of the adjustment on of the General category to harvest its full retention limit adjustments to respond accomplishing the objectives of the quota, allow collection of a broad range to the unpredictable nature of BFT fishery management plan, as this action of data for stock monitoring purposes, availability on the fishing grounds, the would be taken consistent with the and be consistent with the objectives of migratory nature of this species, and the previously implemented and analyzed the 2006 Consolidated HMS FMP and regional variations in the BFT fishery. quotas, and it is not expected to amendments. Therefore, NMFS Affording prior notice and opportunity negatively impact stock health or increases the General category retention for public comment to implement the otherwise affect the stock in ways not limit from the default limit (one) to quota transfer and daily retention limit previously analyzed. It is also supported three large medium or giant BFT per for the January 2016 subquota time by the Environmental Analysis for the vessel per day/trip, effective January 1, period is impracticable. NMFS could 2011 final rule regarding General and 2016, through March 31, 2016, or until not have proposed these actions earlier, Harpoon category management the 49-mt January subquota is harvested, as it needed to consider and respond to measures, which increased the General whichever comes first. updated data and information from the category maximum daily retention limit Regardless of the duration of a fishing 2015 General category fishery, including from three to five fish (76 FR 74003, trip, the daily retention limit applies during late 2015, in deciding to transfer November 30, 2011). upon landing. For example, during the the December 2016 quota to the January Regarding the catches of the particular January 2016 subquota period, whether 2016 subquota period and selecting the category quota to date and the a vessel fishing under the General appropriate retention limit for the likelihood of closure of that segment of category limit takes a two-day trip or January 2016 subquota period. If NMFS the fishery if no adjustment is made, in makes two trips in one day, the day/trip was to offer a public comment period 2012, 2013, and 2014, the available limit of three fish applies and may not now, after having appropriately January subquota (23.1 mt) was reached be exceeded upon landing. This General considered that data, it would preclude on January 22, February 15, and March category retention limit is effective in all fishermen from harvesting BFT that are 21, respectively, under a limit of two areas, except for the Gulf of Mexico, legally available consistent with all of large medium or giant BFT, and in each where NMFS prohibits targeted fishing the regulatory criteria, and/or could of these years the General category did for BFT, and applies to those vessels result in selection of a retention limit not reach its available quota by the end permitted in the General category, as inappropriately high for the amount of of the year. For 2015, the adjusted well as to those HMS Charter/Headboat quota available for the period. January subquota of 45.7 (reflecting the permitted vessels fishing commercially Delays in increasing the daily first of the inseason actions described for BFT. retention limit would adversely affect above as well as implementation of the those General and HMS Charter/ Monitoring and Reporting Headboat category vessels that would final BFT quota rule) was not met under a daily retention limit of three large NMFS will continue to monitor the otherwise have an opportunity to medium or giant BFT. BFT fishery closely. Dealers are required harvest more than the default retention As noted above, commercial-sized to submit landing reports within 24 limit of one BFT per day/trip and may BFT are typically available in January hours of a dealer receiving BFT. exacerbate the problem of low catch and may continue to be through March. General, HMS Charter/Headboat, rates and quota rollovers. Limited Considering this information and the Harpoon, and Angling category vessel opportunities to harvest the respective transfer of the December 2016 subquota owners are required to report the catch quotas may have negative social and to the quota for the January 2016 time of all BFT retained or discarded dead, economic impacts for U.S. fishermen mstockstill on DSK4VPTVN1PROD with RULES period (for an adjusted total of 49 mt), within 24 hours of the landing(s) or end that depend upon catching the available the default one-fish limit likely would of each trip, by accessing quota within the designated time be overly restrictive. Increasing the hmspermits.noaa.gov. Depending on the periods. Adjustment of the retention daily retention limit from the default level of fishing effort and catch rates of limit needs to be effective January 1, may mitigate rolling an excessive BFT, NMFS may determine that 2016, or as soon as possible thereafter, amount of unused quota from one time- additional adjustment or closure is to minimize any unnecessary disruption period subquota to the next and thus necessary to ensure available quota is in fishing patterns, to allow the VerDate Sep<11>2014 16:45 Dec 11, 2015 Jkt 238001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.SGM 14DER1

Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 77267 impacted sectors to benefit from the which is summarized in the This final rule revises groundfish adjustment, and to provide fishing Classification section of this final rule. regulations to clarify that midwater opportunities for fishermen in NMFS also prepared an Initial trawl gear is required for vessels geographic areas with access to the Regulatory Flexibility Analysis (IRFA) targeting Pacific whiting during the fishery only during this time period. for the proposed rule (Published in the primary season north of 40°10′ north Therefore, the AA finds good cause Federal Register on August 27, 2015; 80 latitude, and that midwater trawl gear is under 5 U.S.C. 553(b)(B) to waive prior FR 52015). Copies of the IRFA, FRFA allowed for vessels targeting non- notice and the opportunity for public and the Small Entity Compliance Guide whiting species during the Pacific comment. For these reasons, there is are available from William W. Stelle, Jr., whiting Shorebased IFQ Program good cause under 5 U.S.C. 553(d) to Regional Administrator, West Coast primary season. Restrictions that allow waive the 30-day delay in effectiveness. Region, NMFS, 7600 Sand Point Way midwater trawl to only be used by This action is being taken under NE., Seattle, WA 98115–0070; or by vessels participating in the Pacific §§ 635.23(a)(4) and 635.27(a)(9), and is phone at 206–526–6150. Copies of the whiting Shorebased IFQ fishery are exempt from review under Executive Small Entity Compliance Guide are removed. The regulations are revised to Order 12866. available on the West Coast Region’s clarify that vessels using midwater trawl Web site at gear, regardless of the target species, are Authority: 16 U.S.C. 971 et seq. and 1801 et seq. www.westcoast.fisheries.noaa.gov/. exempt from the trawl Rockfish Conservation Area (RCA) restrictions in Dated: December 9, 2015. FOR FURTHER INFORMATION CONTACT: the area north of 40°10′ north latitude Emily H. Menashes, Becky Renko, 206–526–6110; (fax) 206– during the dates of the Pacific whiting Acting Director, Office of Sustainable 526–6736; becky.renko@noaa.gov. primary season. These changes allow Fisheries, National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: This vessels using midwater trawl gear north [FR Doc. 2015–31384 Filed 12–11–15; 8:45 am] action amends the Pacific Coast of 40°10′ north latitude to declare either BILLING CODE 3510–22–P groundfish fishery regulations to ‘‘limited entry midwater trawl, non- eliminate redundancies and whiting shorebased IFQ’’ or ‘‘limited inconsistencies relating to the use of entry midwater trawl, Pacific whiting DEPARTMENT OF COMMERCE midwater trawl gear in the Shorebased shorebased IFQ’’ consistent with the Individual Fishing Quota Program target strategy. This action is expected National Oceanic and Atmospheric (Shorebased IFQ Program). The action is to add clarity to the regulations. Administration consistent with policy decisions that the This action also revises the definition Pacific Fishery Management Council of ‘‘Pacific whiting IFQ trip’’ consistent 50 CFR Part 660 (Council) made during the with Appendix E of the groundfish [Docket No. 140703553–5999–02] implementation of a trawl catch share FMP, which details the Final Preferred program under Amendment 20 to the Alternative adopted under Amendment RIN 0648–BE29 groundfish FMP. 20, and which is consistent with the Midwater trawl gear has primarily Environmental Impact Statement Fisheries off West Coast States; analysis conducted in support of Pacific Coast Groundfish Fishery been used to target Pacific whiting, but can also be used to target other Amendment 20. Appendix E defines Management Plan; Trawl non-whiting landings as those with less Rationalization Program; Midwater groundfish species. Since than 50 percent Pacific whiting by Trawl Requirements implementation of the Shorebased IFQ weight. Program in 2011, midwater trawl gear Groundfish management includes AGENCY: National Marine Fisheries has been increasingly used to target Service (NMFS), National Oceanic and restrictions on the retention of certain non-whiting groundfish north of 40°10′ non-groundfish species, including Atmospheric Administration (NOAA), north latitude. South of 40°10′ north prohibited and protected species. Commerce. latitude midwater trawling has been Prohibited species include all ACTION: Final rule. allowed year round in waters deeper salmonids, Pacific halibut, and than 150 fathoms (fm) for all target Dungeness crab off Oregon and SUMMARY: This final rule clarifies the species. regulatory requirements for vessels Washington. Protected species include In anticipation of the trawl catch marine mammals, seabirds, sea turtles, using midwater trawl gear in the Pacific share program, groundfish regulations Coast Groundfish Fishery Shorebased and species such as green sturgeon and were restructured on October 1, 2010 eulachon, which are listed under the Individual Fishing Quota Program. This (75 FR 60868). When the Shorebased Endangered Species Act (ESA). action is needed to eliminate IFQ Program was implemented, the Generally, prohibited species must be inconsistencies and reduce confusion in midwater Pacific whiting shorebased returned to the sea as soon as the current regulations. For vessels fishery and the bottom trawl fishery practicable with a minimum of injury. targeting Pacific whiting, the action were merged to create a single An exception to the retention clarifies that the retention of prohibited Shorebased IFQ fishery. Many of the restrictions is made for tagged fish, or and protected species is allowed until pre-IFQ fishery management measures when retention is authorized by other landing. The disposition of prohibited relating to time and area management applicable law. Pacific halibut may be and protected species is specified were retained in the regulations for use retained until landing by vessels in the consistent with the Pacific Coast in the Shorebased IFQ Program. Pacific whiting fishery that do not sort mstockstill on DSK4VPTVN1PROD with RULES Groundfish Fishery Management Plan However, integrating pre-IFQ the catch at sea only pursuant to NMFS (groundfish FMP), the Pacific Coast regulations with new regulations for the donation regulations. Amendment 10 to Salmon Fishery Management Plan Shorebased IFQ Program resulted in the groundfish FMP and Amendment 12 (salmon FMP), and other applicable law. inconsistencies and numerous unclear to the salmon FMP were revised to DATES: Effective January 13, 2016. and confusing management restrictions allow salmon bycatch to be retained ADDRESSES: NMFS prepared a Final relating to the use of midwater trawl until landing in cases where the Council Regulatory Flexibility Analysis (FRFA), gear. determines it is beneficial to the VerDate Sep<11>2014 16:45 Dec 11, 2015 Jkt 238001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.SGM 14DER1


Document Created: 2015-12-14 13:47:31
Document Modified: 2015-12-14 13:47:31
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.
DatesThe quota transfer is effective January 1, 2016. The General category retention limit adjustment is effective January 1, 2016, through March 31, 2016.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation80 FR 77264 
RIN Number0648-XE32
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