81 FR 23438 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 77 (April 21, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 77 (April 21, 2016)
| Page Range | 23438-23441 | |
| FR Document | 2016-09283 |
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)] [Rules and Regulations] [Pages 23438-23441] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09283] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XE566 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 Angling category retention limit adjustment. ----------------------------------------------------------------------- SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily retention limit that applies to vessels permitted in the Highly Migratory Species (HMS) Angling category and the HMS Charter/Headboat category (when fishing recreationally for BFT) should be adjusted for the remainder of 2016, based on consideration of the regulatory determination criteria regarding inseason adjustments. NMFS is adjusting the Angling category BFT daily retention limit to two school BFT and one large school/small medium BFT per vessel per day/trip for private vessels (i.e., those with HMS Angling category permits); and three school BFT and one large school/small medium BFT per vessel per day/trip for charter vessels (i.e., those with HMS Charter/Headboat permits when fishing recreationally). These retention limits are effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT. [[Page 23439]] DATES: Effective April 23, 2016 through December 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), and in accordance with implementing regulations. NMFS is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quota. As a method for limiting fishing mortality on juvenile BFT, ICCAT recommends a tolerance limit on the annual harvest of BFT measuring less than 115 cm (straight fork length) to no more than 10 percent by weight of a Contracting Party's total BFT quota over the 2015 and 2016 fishing periods. The United States implements this provision by limiting the harvest of school BFT (measuring 27 to less than 47 inches) as appropriate to not exceed the 10-percent limit over the two- year period. The currently codified baseline U.S. quota is 1,058.9 mt (not including the 25 mt ICCAT allocated to the United States to account for bycatch of BFT in pelagic longline fisheries in the Northeast Distant Gear Restricted Area). Among other things, Amendment 7 revised the allocations to all quota categories, effective January 1, 2015. See Sec. 635.27(a). The currently codified Angling category quota is 195.2 mt (108.4 mt for school BFT, 82.3 mt for large school/small medium BFT, and 4.5 mt for large medium/giant BFT). The 2016 BFT fishing year, which is managed on a calendar-year basis and subject to an annual calendar-year quota, began January 1, 2016. The Angling category season opened January 1, 2016, and continues through December 31, 2016. The size classes of BFT are summarized in Table 1. Please note that large school and small medium BFT traditionally have been managed as one size class, as described below, i.e., a limit of one large school/small medium BFT (measuring 47 to less than 73 inches). Table 1--BFT Size Classes ------------------------------------------------------------------------ Size class Curved fork length ------------------------------------------------------------------------ School................................ 27 to less than 47 inches (68.5 to less than 119 cm). Large school.......................... 47 to less than 59 inches (119 to less than 150 cm). Small medium.......................... 59 to less than 73 inches (150 to less than 185 cm). Large medium.......................... 73 to less than 81 inches (185 to less than 206 cm). Giant................................. 81 inches or greater (206 cm or greater). ------------------------------------------------------------------------ Currently, the default Angling category daily retention limit of one school, large school, or small medium BFT applies (Sec. 635.23(b)(2)). This retention limit applies to HMS Angling and to HMS Charter/Headboat category permitted vessels (when fishing recreationally for BFT). In 2014 and 2015, NMFS adjusted the daily retention limit from the default level of one school, large school, or small medium BFT to one school BFT and one large school/small medium BFT for private vessels (i.e., those with HMS Angling category permits); and two school BFT and one large school/small medium BFT for charter vessels (i.e., those with HMS Charter/Headboat permits when fishing recreationally), effective May 8, 2014, and May 15, 2015, respectively, through December 31 each year (79 FR 25707, May 6, 2014, and 80 FR27863, May 15, 2015). Adjustment of Angling Category Daily Retention Limit In adjusting the daily retention limit in this action, NMFS considered the factors required by regulatory criteria, as discussed in more detail, below. Under Sec. 635.23(b)(3), NMFS may increase or decrease the Angling category retention limit for any size class of BFT. Any adjustments to retention limits must be based on consideration of the relevant criteria provided under Sec. 635.27(a)(8), which include: The usefulness of information obtained from catches in the particular category for biological sampling and monitoring of the status of the stock; the catches of the particular category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made; the projected ability of the vessels fishing under the particular category quota to harvest the additional amount of BFT before the end of the fishing year; the estimated amounts by which quotas for other gear categories of the fishery might be exceeded; effects of the adjustment on BFT rebuilding and overfishing; effects of the adjustment on accomplishing the objectives of the fishery management plan; variations in seasonal distribution, abundance, or migration patterns of BFT; effects of catch rates in one area precluding vessels in another area from having a reasonable opportunity to harvest a portion of the category's quota; review of dealer reports, daily landing trends, and the availability of the BFT on the fishing grounds; optimizing fishing opportunity; accounting for dead discards, facilitating quota monitoring, supporting other fishing monitoring programs through quota allocations and/or generation of revenue; and support of research through quota allocations and/or generation of revenue. Recreational retention limits may be adjusted separately for specific vessel type, such as private vessels, headboats, or charter vessels. NMFS has considered these criteria and their applicability to the Angling category BFT retention limit for the remainder of 2016. 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, biological samples collected from BFT landed by recreational fishermen continue to provide NMFS with valuable parts and data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. Additional opportunity to land BFT would support the collection of a broad range of data for these studies and for stock monitoring purposes. Another principal consideration in setting the retention limit is the objective of providing opportunities to harvest the full Angling category 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 retention limit would be consistent with the quotas 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 [[Page 23440]] negatively impact stock health or to affect the stock in ways not already analyzed in those documents. It is also important that NMFS limit landings to BFT subquotas both to adhere to the FMP quota allocations and to ensure that landings are as consistent as possible with the pattern of fishing mortality (e.g., fish caught at each age) that was assumed in the projections of stock rebuilding. Table 2 summarizes the recreational quota, subquotas, and landings information for 2014 and 2015 under the Angling category limits in effect for 2014 and 2015 (described above). Table 2--Angling Category Quota, Subquotas, and Landings for 2014 and 2015 -------------------------------------------------------------------------------------------------------------------------------------------------------- 2014 2015 ----------------------------------------------------------------------------------------------- Amount of Amount of Quota and quota and Quota and quota and subquotas (mt) Landings (mt) subquotas used subquotas (mt) Landings (mt) subquotas used (%) (%) -------------------------------------------------------------------------------------------------------------------------------------------------------- Angling category........................................ 182 107.4 59 195.2 113.1 58 School.............................................. 94.9 24.7 26 108.4 26.2 24 Large School/Small Medium........................... 82.9 77.6 94 82.3 80.2 97 Large Medium/Giant (Trophy)......................... 4.2 5.1 113 4.5 6.7 149 -------------------------------------------------------------------------------------------------------------------------------------------------------- The 2015 school BFT landings represent 2.4 percent of the total U.S. BFT quota for 2015, well under the ICCAT recommended 10-percent limit. Landings of school BFT in 2014, under the same adjusted limits, represented 2.6 percent of the total U.S. BFT quota for 2014. Given that the Angling category landings fell short of the available quota and based on the considerations of the regulatory criteria as described above, NMFS has determined that the Angling category retention limit applicable to participants on HMS Angling and HMS Charter/Headboat category permitted vessels should be adjusted upwards from the default level. NMFS has also concluded that implementation of separate limits for private and charter/headboat vessels remains appropriate, recognizing the different nature, socio-economic needs, and recent landings results of the two components of the recreational BFT fishery. For example, charter operators historically have indicated that a multi-fish retention limit is vital to their ability to attract customers. In addition, Large Pelagics Survey estimates indicate that charter/headboat BFT landings averaged approximately 30 percent of recent recreational landings for 2014 through 2015, with the remaining 70 percent landed by private vessels. Therefore, for private vessels (i.e., those with HMS Angling category permits), this action adjusts the limit upwards to two school BFT and one large school/small medium BFT per vessel per day/trip (i.e., two BFT measuring 27 to less than 47 inches, and one BFT measuring 47 to less than 73 inches). For charter vessels (i.e., those with HMS Charter/Headboat permits), this action adjusts the limit upwards to three school BFT and one large school/small medium BFT per vessel per day/trip when fishing recreationally for BFT (i.e., three BFT measuring 27 to less than 47 inches, and one BFT measuring 47 to less than 73 inches). These retention limits are effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT. Regardless of the duration of a fishing trip (e.g., whether a vessel takes a two-day trip or makes two trips in one day), no more than a single day's retention limit may be possessed, retained, or landed. NMFS anticipates that the BFT daily retention limits in this action will result in landings during 2016 that would not exceed the available subquotas. Lower retention limits could result in substantial underharvest of the codified Angling category subquota, and increasing the daily limits further may risk exceeding the available quota, contrary to the objectives of the 2006 Consolidated HMS FMP, as amended. NMFS has concluded that increasing the school BFT retention limit for private and charter vessels relative to the adjusted limits for 2015 is possible without exceeding the annual school BFT subquota, given that the 2015 Angling category landings represented 58 percent of the codified Angling category quota and that school BFT landings represented 24 percent of the school BFT subquota. NMFS has also considered that 2016 is the second year of the two-year balancing period, over which the 10-percent tolerance limit on school BFT applies. NMFS is not setting higher school BFT limit for private and charter vessels due to the potential risk of exceeding the ICCAT tolerance limit on school BFT and other considerations, such as potential effort shifts to BFT fishing as a result of current, reduced recreational retention limits for New England groundfish and striped bass. NMFS will monitor 2016 landings closely and will make further adjustments, including closure if necessary, with an inseason action if warranted. Monitoring and Reporting NMFS will continue to monitor the BFT fisheries closely through the mandatory landings and catch reports. 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. HMS Angling and HMS Charter/Headboat category permit holders may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-and-release and tag-and-release programs at Sec. 635.26. Anglers are also reminded that all BFT that are released must be handled in a manner that will maximize survival, and without removing the fish from the water, consistent with requirements at Sec. 635.21(a)(1). For additional information on safe handling, see the ``Careful Catch and Release'' brochure available at www.nmfs.noaa.gov/sfa/hms/. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional retention limit adjustments or closures are necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. Subsequent actions, if any, will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for updates on [[Page 23441]] 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: Prior notice is impracticable because the regulations implementing the 2006 Consolidated HMS FMP, as amended, provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Based on available BFT quotas, fishery performance in recent years, and the availability of BFT on the fishing grounds, immediate adjustment to the Angling category BFT daily retention limit from the default levels is warranted to allow fishermen to take advantage of the availability of fish and of quota. Fisheries under the Angling category daily retention limit are currently underway and thus prior notice would be contrary to the public interest. Delays in increasing daily recreational BFT retention limit would adversely affect those HMS Angling and Charter/Headboat category vessels that would otherwise have an opportunity to harvest more than the default retention limit of one school, large school, or small medium BFT per day/trip and may exacerbate the problem of low catch rates and quota rollovers. Analysis of available data shows that adjustment to the BFT daily retention limit from the default level would result in minimal risks of exceeding the ICCAT-allocated quota. NMFS provides notification of retention limit adjustments by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on hmspermits.noaa.gov. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under Sec. 635.23(b)(3), and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: April 18, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-09283 Filed 4-20-16; 8:45 am] BILLING CODE 3510-22-P
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tribal governments, nor will it affect additional reclassification by the (B) The discharge is from a long term
private sector costs. MGCRB. care hospital that is—
Executive Order 13132 establishes * * * * * (1) Described in § 412.23(e)(2)(i) and
certain requirements that an agency ■ 3. Section 412.522 is amended by— meets the criteria of § 412.22(f); and
must meet when it promulgates a final ■ a. Redesignating paragraphs (b)(1) (2) Located in a rural area (as defined
rule that imposes substantial direct introductory text, (b)(1)(i) and (ii), and at § 412.503) or reclassified as rural by
requirement costs on state and local (b)(2) and (3) as paragraphs (b)(1)(i) meeting the requirements set forth in
governments, preempts state law, or introductory text, (b)(1)(i)(A) and (B), § 412.103.
otherwise has Federalism implications. and (b)(1)(ii) and (iii), respectively. * * * * *
Since this rule does not impose any ■ b. Adding a paragraph heading for Dated: April 7, 2016.
costs on state or local governments, the paragraph (b)(1).
requirements of Executive Order 13132 Andrew M. Slavitt,
■ c. Revising the paragraph heading for
are not applicable. Acting Administrator, Centers for Medicare
newly redesignated paragraph (b)(1)(i)
In accordance with the provisions of & Medicaid Services.
introductory text.
Executive Order 12866, this IFC was ■ d. In newly redesignated paragraph Dated: April 14, 2016.
reviewed by the Office of Management (b)(1)(i)(B), by removing the reference Sylvia M. Burwell,
and Budget. ‘‘paragraph (b)(2)’’ and adding the Secretary, Department of Health and Human
VI. Response to Comments reference ‘‘paragraph (b)(1)(ii)’’ in its Services.
place and by removing the reference [FR Doc. 2016–09219 Filed 4–18–16; 4:15 pm]
Because of the large number of public ‘‘paragraph (b)(3)’’ and adding the BILLING CODE 4120–01–P
comments we normally receive on reference ‘‘paragraph (b)(1)(iii)’’ in its
Federal Register documents, we are not place.
able to acknowledge or respond to them ■ d. In newly redesignated paragraph
individually. We will consider all (b)(1)(ii), by removing the reference DEPARTMENT OF COMMERCE
comments we receive by the date and ‘‘paragraph (b)(1)’’ and adding the
time specified in the DATES section of National Oceanic and Atmospheric
reference ‘‘paragraph (b)(1)(i)’’ in its Administration
this preamble, and, when we proceed place.
with a subsequent document, we will ■ e. In newly redesignated paragraph
respond to the comments in the 50 CFR Part 635
(b)(1)(iii), by removing the reference
preamble to that document. ‘‘paragraph (b)(1)’’ and adding the [Docket No. 150121066–5717–02]
List of Subjects in 42 CFR Part 412 reference ‘‘paragraph (b)(1)(i)’’ in its
place. RIN 0648–XE566
Administrative practice and ■ f. Adding paragraph (b)(2).
procedure, Health facilities, Medicare, The revision and additions read as Atlantic Highly Migratory Species;
Puerto Rico, Reporting and follows: Atlantic Bluefin Tuna Fisheries
recordkeeping requirements.
§ 412.522 Application of site neutral AGENCY: National Marine Fisheries
For the reasons set forth in the payment rate. Service (NMFS), National Oceanic and
preamble, the Centers for Medicare & Atmospheric Administration (NOAA),
(b) * * *
Medicaid Services amends 42 CFR Commerce.
(1) General criteria—(i) Basis and
chapter IV as follows:
scope. * * * ACTION: Temporary rule; inseason
PART 412—PROSPECTIVE PAYMENT * * * * * Angling category retention limit
SYSTEMS FOR INPATIENT HOSPITAL (2) Special criteria—(i) Definitions. adjustment.
SERVICES For purposes of this paragraph (b)(2) the
following definitions are applicable: SUMMARY: NMFS has determined that
■ 1. The authority for part 412 Severe wound means a wound which the Atlantic bluefin tuna (BFT) daily
continues to read as follows: is a stage 3 wound, stage 4 wound, retention limit that applies to vessels
unstageable wound, non-healing permitted in the Highly Migratory
Authority: Secs. 1102 and 1871 of the
surgical wound, infected wound, fistula, Species (HMS) Angling category and the
Social Security Act (42 U.S.C. 1302 and
1395hh), sec. 124 of Pub. L. 106–113 (113 osteomyelitis or wound with morbid HMS Charter/Headboat category (when
Stat. 1501A–332), sec. 1206 of Pub. L. 113– obesity as identified by the applicable fishing recreationally for BFT) should be
67, and sec. 112 of Pub. L. 113–93. code on the claim from the long-term adjusted for the remainder of 2016,
care hospital. based on consideration of the regulatory
■ 2. Section 412.230 is amended by—
Wound means an injury, usually determination criteria regarding
■ a. Revising paragraph (a)(5)(ii).
involving division of tissue or rupture of inseason adjustments. NMFS is
■ b. Removing paragraph (a)(5)(iii).
the integument or mucous membrane adjusting the Angling category BFT
■ c. Redesignating paragraph (a)(5)(iv)
with exposure to the external daily retention limit to two school BFT
as paragraph (a)(5)(iii).
environment. and one large school/small medium BFT
The revision reads as follows:
(ii) Discharges for severe wounds. A per vessel per day/trip for private
§ 412.230 Criteria for an individual hospital discharge that occurs on or after April vessels (i.e., those with HMS Angling
seeking redesignation to another rural area 21, 2016 and before January 1, 2017 for category permits); and three school BFT
or an urban area. a patient that was treated for a severe and one large school/small medium BFT
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(a) * * * wound that meets the all of following per vessel per day/trip for charter
(5) * * * criteria is excluded from the site neutral vessels (i.e., those with HMS Charter/
(ii) A hospital may not be payment rate specified under this Headboat permits when fishing
redesignated to more than one area, section: recreationally). These retention limits
except for an urban hospital that has (A) The severe wound meets the are effective in all areas, except for the
been granted redesignation as rural definition specified in paragraph Gulf of Mexico, where NMFS prohibits
under § 412.103 and receives an (b)(2)(i) of this section. targeted fishing for BFT.
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quota monitoring and inseason warranted to allow fishermen to take Register, emailing individuals who have
adjustments. advantage of the availability of fish and subscribed to the Atlantic HMS News
of quota. electronic newsletter, and updating the
Classification
Fisheries under the Angling category information posted on the Atlantic
The Assistant Administrator for Tunas Information Line and on
NMFS (AA) finds that it is impracticable daily retention limit are currently
underway and thus prior notice would hmspermits.noaa.gov. Therefore, the AA
and contrary to the public interest to finds good cause under 5 U.S.C.
provide prior notice of, and an be contrary to the public interest. Delays
in increasing daily recreational BFT 553(b)(B) to waive prior notice and the
opportunity for public comment on, this opportunity for public comment. For all
action for the following reasons: retention limit would adversely affect
those HMS Angling and Charter/ of the above reasons, there is good cause
Prior notice is impracticable because under 5 U.S.C. 553(d) to waive the 30-
the regulations implementing the 2006 Headboat category vessels that would
day delay in effectiveness.
Consolidated HMS FMP, as amended, otherwise have an opportunity to
provide for inseason retention limit harvest more than the default retention This action is being taken under
adjustments to respond to the limit of one school, large school, or § 635.23(b)(3), and is exempt from
unpredictable nature of BFT availability small medium BFT per day/trip and review under Executive Order 12866.
on the fishing grounds, the migratory may exacerbate the problem of low Authority: 16 U.S.C. 971 et seq. and 1801
nature of this species, and the regional catch rates and quota rollovers. Analysis et seq.
variations in the BFT fishery. Based on of available data shows that adjustment
Dated: April 18, 2016.
available BFT quotas, fishery to the BFT daily retention limit from the
performance in recent years, and the default level would result in minimal Emily H. Menashes,
availability of BFT on the fishing risks of exceeding the ICCAT-allocated Acting Director, Office of Sustainable
grounds, immediate adjustment to the quota. NMFS provides notification of Fisheries, National Marine Fisheries Service.
Angling category BFT daily retention retention limit adjustments by [FR Doc. 2016–09283 Filed 4–20–16; 8:45 am]
limit from the default levels is publishing the notice in the Federal BILLING CODE 3510–22–P
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Document Created: 2016-04-21 01:18:16
Document Modified: 2016-04-21 01:18:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; inseason Angling category retention limit adjustment. | |
| Dates | Effective April 23, 2016 through December 31, 2016. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 81 FR 23438 | |
| RIN Number | 0648-XE56 |
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