81_FR_23515 81 FR 23438 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

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)

Page Range23438-23441
FR Document2016-09283

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.

Federal Register, Volume 81 Issue 77 (Thursday, April 21, 2016)
[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]


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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



                                                23438              Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations

                                                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
jstallworth on DSK7TPTVN1PROD with RULES




                                                  (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.


                                           VerDate Sep<11>2014   13:24 Apr 20, 2016   Jkt 238001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\21APR1.SGM   21APR1


                                                                   Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations                                          23439

                                                DATES:  Effective April 23, 2016 through                December 31, 2016. The size classes of                  to date and the likelihood of closure of
                                                December 31, 2016.                                      BFT are summarized in Table 1. Please                   that segment of the fishery if no
                                                FOR FURTHER INFORMATION CONTACT:                        note that large school and small                        adjustment is made; the projected
                                                Sarah McLaughlin or Brad McHale,                        medium BFT traditionally have been                      ability of the vessels fishing under the
                                                978–281–9260.                                           managed as one size class, as described                 particular category quota to harvest the
                                                SUPPLEMENTARY INFORMATION:                              below, i.e., a limit of one large school/               additional amount of BFT before the
                                                Regulations implemented under the                       small medium BFT (measuring 47 to                       end of the fishing year; the estimated
                                                authority of the Atlantic Tunas                         less than 73 inches).                                   amounts by which quotas for other gear
                                                Convention Act (ATCA; 16 U.S.C. 971 et                                                                          categories of the fishery might be
                                                seq.) and the Magnuson-Stevens Fishery                          TABLE 1—BFT SIZE CLASSES                        exceeded; effects of the adjustment on
                                                Conservation and Management Act                                                                                 BFT rebuilding and overfishing; effects
                                                (Magnuson-Stevens Act; 16 U.S.C. 1801                         Size class               Curved fork length       of the adjustment on accomplishing the
                                                et seq.) governing the harvest of BFT by                                                                        objectives of the fishery management
                                                                                                        School ...............    27 to less than 47 inches     plan; variations in seasonal distribution,
                                                persons and vessels subject to U.S.                                                 (68.5 to less than 119      abundance, or migration patterns of
                                                jurisdiction are found at 50 CFR part                                               cm).
                                                                                                                                                                BFT; effects of catch rates in one area
                                                635. Section 635.27 subdivides the U.S.                 Large school .....        47 to less than 59 inches
                                                                                                                                    (119 to less than 150       precluding vessels in another area from
                                                BFT quota recommended by the
                                                                                                                                    cm).                        having a reasonable opportunity to
                                                International Commission for the
                                                                                                        Small medium ...          59 to less than 73 inches     harvest a portion of the category’s quota;
                                                Conservation of Atlantic Tunas (ICCAT)
                                                                                                                                    (150 to less than 185       review of dealer reports, daily landing
                                                among the various domestic fishing
                                                                                                                                    cm).                        trends, and the availability of the BFT
                                                categories, per the allocations                         Large medium ..           73 to less than 81 inches     on the fishing grounds; optimizing
                                                established in the 2006 Consolidated                                                (185 to less than 206       fishing opportunity; accounting for dead
                                                Highly Migratory Species Fishery                                                    cm).                        discards, facilitating quota monitoring,
                                                Management Plan (2006 Consolidated                      Giant .................   81 inches or greater (206     supporting other fishing monitoring
                                                HMS FMP) (71 FR 58058, October 2,                                                   cm or greater).
                                                                                                                                                                programs through quota allocations and/
                                                2006), as amended by Amendment 7 to                                                                             or generation of revenue; and support of
                                                the 2006 Consolidated HMS FMP                             Currently, the default Angling
                                                                                                                                                                research through quota allocations and/
                                                (Amendment 7) (79 FR 71510, December                    category daily retention limit of one                   or generation of revenue. Recreational
                                                2, 2014), and in accordance with                        school, large school, or small medium                   retention limits may be adjusted
                                                implementing regulations. NMFS is                       BFT applies (§ 635.23(b)(2)). This                      separately for specific vessel type, such
                                                required under ATCA and the                             retention limit applies to HMS Angling                  as private vessels, headboats, or charter
                                                Magnuson-Stevens Act to provide U.S.                    and to HMS Charter/Headboat category                    vessels.
                                                fishing vessels with a reasonable                       permitted vessels (when fishing                            NMFS has considered these criteria
                                                opportunity to harvest the ICCAT-                       recreationally for BFT). In 2014 and                    and their applicability to the Angling
                                                recommended quota.                                      2015, NMFS adjusted the daily retention                 category BFT retention limit for the
                                                   As a method for limiting fishing                     limit from the default level of one                     remainder of 2016. These considerations
                                                mortality on juvenile BFT, ICCAT                        school, large school, or small medium                   include, but are not limited to, the
                                                recommends a tolerance limit on the                     BFT to one school BFT and one large                     following: Regarding the usefulness of
                                                annual harvest of BFT measuring less                    school/small medium BFT for private                     information obtained from catches in
                                                than 115 cm (straight fork length) to no                vessels (i.e., those with HMS Angling                   the particular category for biological
                                                more than 10 percent by weight of a                     category permits); and two school BFT                   sampling and monitoring of the status of
                                                Contracting Party’s total BFT quota over                and one large school/small medium BFT                   the stock, biological samples collected
                                                the 2015 and 2016 fishing periods. The                  for charter vessels (i.e., those with HMS               from BFT landed by recreational
                                                United States implements this provision                 Charter/Headboat permits when fishing                   fishermen continue to provide NMFS
                                                by limiting the harvest of school BFT                   recreationally), effective May 8, 2014,                 with valuable parts and data for ongoing
                                                (measuring 27 to less than 47 inches) as                and May 15, 2015, respectively, through                 scientific studies of BFT age and
                                                appropriate to not exceed the 10-percent                December 31 each year (79 FR 25707,                     growth, migration, and reproductive
                                                limit over the two-year period.                         May 6, 2014, and 80 FR27863, May 15,                    status. Additional opportunity to land
                                                   The currently codified baseline U.S.                 2015).                                                  BFT would support the collection of a
                                                quota is 1,058.9 mt (not including the 25                                                                       broad range of data for these studies and
                                                                                                        Adjustment of Angling Category Daily
                                                mt ICCAT allocated to the United States                                                                         for stock monitoring purposes.
                                                                                                        Retention Limit
                                                to account for bycatch of BFT in pelagic                                                                           Another principal consideration in
                                                longline fisheries in the Northeast                       In adjusting the daily retention limit                setting the retention limit is the
                                                Distant Gear Restricted Area). Among                    in this action, NMFS considered the                     objective of providing opportunities to
                                                other things, Amendment 7 revised the                   factors required by regulatory criteria, as             harvest the full Angling category quota
                                                allocations to all quota categories,                    discussed in more detail, below.                        without exceeding it based on the goals
                                                effective January 1, 2015. See                            Under § 635.23(b)(3), NMFS may                        of the 2006 Consolidated HMS FMP and
                                                § 635.27(a). The currently codified                     increase or decrease the Angling                        Amendment 7, including to achieve
                                                Angling category quota is 195.2 mt                      category retention limit for any size                   optimum yield on a continuing basis
                                                (108.4 mt for school BFT, 82.3 mt for                   class of BFT. Any adjustments to                        and to optimize the ability of all permit
                                                large school/small medium BFT, and 4.5                  retention limits must be based on                       categories to harvest their full BFT
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                                                mt for large medium/giant BFT).                         consideration of the relevant criteria                  quota allocations. This retention limit
                                                   The 2016 BFT fishing year, which is                  provided under § 635.27(a)(8), which                    would be consistent with the quotas
                                                managed on a calendar-year basis and                    include: The usefulness of information                  established and analyzed in the BFT
                                                subject to an annual calendar-year                      obtained from catches in the particular                 quota final rule (80 FR 52198, August
                                                quota, began January 1, 2016. The                       category for biological sampling and                    28, 2015), and with objectives of the
                                                Angling category season opened January                  monitoring of the status of the stock; the              2006 Consolidated HMS FMP and
                                                1, 2016, and continues through                          catches of the particular category quota                amendments, and is not expected to


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                                                23440                   Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations

                                                negatively impact stock health or to                              that landings are as consistent as                      Table 2 summarizes the recreational
                                                affect the stock in ways not already                              possible with the pattern of fishing                  quota, subquotas, and landings
                                                analyzed in those documents. It is also                           mortality (e.g., fish caught at each age)             information for 2014 and 2015 under
                                                important that NMFS limit landings to                             that was assumed in the projections of                the Angling category limits in effect for
                                                BFT subquotas both to adhere to the                               stock rebuilding.                                     2014 and 2015 (described above).
                                                FMP quota allocations and to ensure

                                                                          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
                                                                                                                                    Landings                                              Landings
                                                                                                               subquotas                              subquotas         subquotas                      subquotas
                                                                                                                                      (mt)                                                  (mt)
                                                                                                                  (mt)                                  used               (mt)                          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                                   trip when fishing recreationally for BFT              NMFS will monitor 2016 landings
                                                represent 2.4 percent of the total U.S.                           (i.e., three BFT measuring 27 to less                 closely and will make further
                                                BFT quota for 2015, well under the                                than 47 inches, and one BFT measuring                 adjustments, including closure if
                                                ICCAT recommended 10-percent limit.                               47 to less than 73 inches). These                     necessary, with an inseason action if
                                                Landings of school BFT in 2014, under                             retention limits are effective in all areas,          warranted.
                                                the same adjusted limits, represented                             except for the Gulf of Mexico, where
                                                                                                                                                                        Monitoring and Reporting
                                                2.6 percent of the total U.S. BFT quota                           NMFS prohibits targeted fishing for
                                                for 2014. Given that the Angling                                  BFT. Regardless of the duration of a                     NMFS will continue to monitor the
                                                category landings fell short of the                               fishing trip (e.g., whether a vessel takes            BFT fisheries closely through the
                                                available quota and based on the                                  a two-day trip or makes two trips in one              mandatory landings and catch reports.
                                                considerations of the regulatory criteria                         day), no more than a single day’s                     General, HMS Charter/Headboat,
                                                as described above, NMFS has                                      retention limit may be possessed,                     Harpoon, and Angling category vessel
                                                determined that the Angling category                              retained, or landed.                                  owners are required to report the catch
                                                retention limit applicable to participants                           NMFS anticipates that the BFT daily                of all BFT retained or discarded dead,
                                                on HMS Angling and HMS Charter/                                   retention limits in this action will result           within 24 hours of the landing(s) or end
                                                Headboat category permitted vessels                               in landings during 2016 that would not                of each trip, by accessing
                                                should be adjusted upwards from the                               exceed the available subquotas. Lower                 hmspermits.noaa.gov.
                                                default level. NMFS has also concluded                            retention limits could result in                         HMS Angling and HMS Charter/
                                                that implementation of separate limits                            substantial underharvest of the codified              Headboat category permit holders may
                                                for private and charter/headboat vessels                          Angling category subquota, and                        catch and release (or tag and release)
                                                remains appropriate, recognizing the                              increasing the daily limits further may               BFT of all sizes, subject to the
                                                different nature, socio-economic needs,                           risk exceeding the available quota,                   requirements of the catch-and-release
                                                and recent landings results of the two                            contrary to the objectives of the 2006                and tag-and-release programs at
                                                components of the recreational BFT                                Consolidated HMS FMP, as amended.                     § 635.26. Anglers are also reminded that
                                                fishery. For example, charter operators                           NMFS has concluded that increasing the                all BFT that are released must be
                                                historically have indicated that a multi-                         school BFT retention limit for private                handled in a manner that will maximize
                                                fish retention limit is vital to their                            and charter vessels relative to the                   survival, and without removing the fish
                                                ability to attract customers. In addition,                        adjusted limits for 2015 is possible                  from the water, consistent with
                                                Large Pelagics Survey estimates indicate                          without exceeding the annual school                   requirements at § 635.21(a)(1). For
                                                that charter/headboat BFT landings                                BFT subquota, given that the 2015                     additional information on safe handling,
                                                averaged approximately 30 percent of                              Angling category landings represented                 see the ‘‘Careful Catch and Release’’
                                                recent recreational landings for 2014                             58 percent of the codified Angling                    brochure available at
                                                through 2015, with the remaining 70                               category quota and that school BFT                    www.nmfs.noaa.gov/sfa/hms/.
                                                percent landed by private vessels.                                landings represented 24 percent of the                   Depending on the level of fishing
                                                   Therefore, for private vessels (i.e.,                          school BFT subquota. NMFS has also                    effort and catch rates of BFT, NMFS
                                                those with HMS Angling category                                   considered that 2016 is the second year               may determine that additional retention
                                                permits), this action adjusts the limit                           of the two-year balancing period, over                limit adjustments or closures are
                                                upwards to two school BFT and one                                 which the 10-percent tolerance limit on               necessary to ensure available quota is
                                                large school/small medium BFT per                                 school BFT applies. NMFS is not setting               not exceeded or to enhance scientific
                                                vessel per day/trip (i.e., two BFT                                higher school BFT limit for private and               data collection from, and fishing
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                                                measuring 27 to less than 47 inches, and                          charter vessels due to the potential risk             opportunities in, all geographic areas.
                                                one BFT measuring 47 to less than 73                              of exceeding the ICCAT tolerance limit                Subsequent actions, if any, will be
                                                inches). For charter vessels (i.e., those                         on school BFT and other considerations,               published in the Federal Register. In
                                                with HMS Charter/Headboat permits),                               such as potential effort shifts to BFT                addition, fishermen may call the
                                                this action adjusts the limit upwards to                          fishing as a result of current, reduced               Atlantic Tunas Information Line at (978)
                                                three school BFT and one large school/                            recreational retention limits for New                 281–9260, or access
                                                small medium BFT per vessel per day/                              England groundfish and striped bass.                  hmspermits.noaa.gov, for updates on


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                                                                   Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations                                              23441

                                                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
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 Angling category retention limit adjustment.
DatesEffective April 23, 2016 through December 31, 2016.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation81 FR 23438 
RIN Number0648-XE56

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