81 FR 29501 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 92 (May 12, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 92 (May 12, 2016)
| Page Range | 29501-29504 | |
| FR Document | 2016-11230 |
[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)] [Rules and Regulations] [Pages 29501-29504] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11230] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XE579 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason General category retention limit adjustment. ----------------------------------------------------------------------- SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General category daily retention limit from the default limit of one large medium or giant BFT to five large medium or giant BFT for June 1 through August 31, 2016. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic Tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT. DATES: Effective June 1, 2016, through August 31, 2016. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978- 281-9260. [[Page 29502]] 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 Atlantic 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. 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 General category quota is 466.7 mt. Each of the General category time periods (``January,'' June through August, September, October through November, and December) is allocated a portion of the annual General category quota. The codified June through August subquota is 233.3 mt. Adjustment of General Category Daily Retention Limit Unless changed, the General category daily retention limit starting on June 1 would be the default retention limit of one large medium or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or greater) per vessel per day/trip (Sec. 635.23(a)(2)). This default retention limit would apply to General category permitted vessels and to HMS Charter/Headboat category permitted vessels when fishing commercially for BFT. For the 2015 fishing year, NMFS adjusted the daily retention limit from the default level of one large medium or giant BFT to three large medium or giant BFT for the January subquota period (79 FR 77943, December 29, 2014), which closed March 31, 2015 (the regulations allow the General category fishery under the ``January'' subquota to continue until the subquota is reached, or March 31, whichever comes first); four large medium or giant BFT for the June through August subquota period (80 FR 27863, May 15, 2015) as well as for September 1 through November 27, 2015 (80 FR 51959, August 27, 2015); and three large medium or giant BFT for November 28 through December 31, 2015 (80 FR 74997, December 1, 2015). NMFS adjusted the daily retention limit for the 2016 January subquota period (which closed March 31) from the default level of one large medium or giant BFT to three large medium or giant BFT in the same action as the 24.3- mt transfer from the December 2016 subquota period to the January 2016 subquota period (80 FR 77264, December 14, 2015). Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily retention limit of large medium and giant BFT over a range of zero to a maximum of five per vessel based on consideration of the relevant criteria provided under Sec. 635.27(a)(8), which are: The usefulness of information obtained from catches in the particular category for biological sampling and monitoring of the status of the stock; the catches of the particular category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made; the projected ability of the vessels fishing under the particular category quota to harvest the additional amount of BFT before the end of the fishing year; the estimated amounts by which quotas for other gear categories of the fishery might be exceeded; effects of the adjustment on BFT rebuilding and overfishing; effects of the adjustment on accomplishing the objectives of the FMP; variations in seasonal distribution, abundance, or migration patterns of BFT; effects of catch rates in one area precluding vessels in another area from having a reasonable opportunity to harvest a portion of the category's quota; review of dealer reports, daily landing trends, and the availability of the BFT on the fishing grounds; optimizing fishing opportunity; accounting for dead discards, facilitating quota monitoring, supporting other fishing monitoring programs through quota allocations and/or generation of revenue; and support of research through quota allocations and/or generation of revenue. NMFS has considered these criteria and their applicability to the General category BFT retention limit for June through August 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 General category fishermen and provided by BFT dealers continue to provide NMFS with valuable 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. Regarding the effects of the adjustment on BFT rebuilding and overfishing and the effects of the adjustment on accomplishing the objectives of the FMP, as this action would be taken consistent with the previously implemented and analyzed quotas, it is not expected to negatively impact stock health or otherwise affect the stock in ways not previously analyzed, including on rebuilding, overfishing, or the objectives of the FMP. It is also supported by the Environmental Analysis for the 2011 final rule regarding General and Harpoon category management measures, which increased the General category maximum daily retention limit from three to five fish (76 FR 74003, November 30, 2011). Another principal consideration in setting the retention limit is the objective of providing opportunities to harvest the full General 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 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. Commercial-size BFT are anticipated to migrate to the fishing grounds off the northeast U.S. coast by early June. Based on General category landings rates during the June through August time period over the last several years, it is highly unlikely that the June through [[Page 29503]] August subquota will be filled with the default daily retention limit of one BFT per vessel, and it may not be filled at a four-BFT limit if recent patterns of BFT availability and landings rates continue. During the June-August 2014 period, under a four-fish limit, BFT landings were approximately 107 mt (49 percent of the subquota). In the June-August 2015 period, under a four-fish limit, BFT landings were approximately 205 mt (44 percent of the subquota). For the entire 2015 fishing year, 131.7 percent and 95.1 percent of the baseline and adjusted General category quota was filled, respectively. See below for description of 2015 quota transfers to the General category. Despite elevated General category limits, the vast majority of successful trips (i.e., General or Charter/Headboat trips on which at least one BFT is landed under General category quota) land only one or two BFT. For instance, the landings data for 2015 show that, under the four-fish limit that applied June 1 through November 27, the proportion of trips that landed one, two, three, or four BFT was as follows: 76 percent landed one BFT; 14 percent landed two BFT; 5 percent landed three BFT; and 5 percent landed four BFT. In the last few years, NMFS has received some comment that a high daily retention limit (specifically five fish) is needed to optimize General category fishing opportunities and account for seasonal distributions by enabling vessels to make overnight trips to distant fishing grounds. NMFS anticipates that some underharvest of the 2015 adjusted U.S. BFT quota will be carried forward to 2016 to the Reserve category, in accordance with the regulations implementing Amendment 7, this summer (i.e., when complete BFT catch information for 2015 is available and finalized). This, in addition to the fact that any unused General category quota will roll forward to the next subperiod within the calendar year, makes it possible that General category quota will remain available through the end of 2016 for December fishery participants, even if NMFS sets higher daily retention limits for the earlier periods. NMFS also may choose to transfer unused quota from the Reserve or other categories, inseason, based on consideration of the determination criteria, as NMFS did for late 2015 (80 FR 68265, November 4, 2015; 80 FR 74997, December 1, 2015). Therefore, NMFS anticipates that General category participants in all areas and time periods will have opportunities to harvest the General category quota. A limit lower than five fish could result in unused quota being added to the later portion of the General category season (i.e., rolling forward to the subsequent subquota time period). Increasing the daily retention limit from the default may mitigate rolling an excessive amount of unused quota from one subquota time period to the next. Increasing the daily retention limit to five fish will increase the likelihood that the General category BFT landings will approach, but not exceed, the annual quota, as well as increase the opportunity for catching BFT during the June through August subquota period. Increasing opportunity within each subquota period is also important because of the migratory nature and seasonal distribution of BFT. In a particular geographic region, or waters accessible from a particular port, the amount of fishing opportunity for BFT may be constrained by the short amount of time the BFT are present. Based on these considerations, NMFS has determined that a five-fish General category retention limit is warranted for the June-August 2016 subquota period. It would provide a reasonable opportunity to harvest the full U.S. BFT quota (including the expected increases in available 2016 quota later in the year), without exceeding it, while maintaining an equitable distribution of fishing opportunities; help optimize the ability of the General category to harvest its full quota; allow the collection of a broad range of data for stock monitoring purposes; and be consistent with the objectives of the 2006 Consolidated HMS FMP, as amended. Therefore, NMFS increases the General category retention limit from the default limit (one) to five large medium or giant BFT per vessel per day/trip, effective June 1, 2016, through August 31, 2016. Regardless of the duration of a fishing trip, no more than a single day's retention limit may be possessed, retained, or landed. For example (and specific to the June through August 2016 limit), whether a vessel fishing under the General category limit takes a two-day trip or makes two trips in one day, the daily limit of five fish may not be exceeded upon landing. This General category retention limit is effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeting fishing for BFT, and applies to those vessels permitted in the General category, as well as to those HMS Charter/ Headboat permitted vessels fishing commercially for BFT. Monitoring and Reporting NMFS will continue to monitor the BFT fishery closely. Dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. General, HMS Charter/Headboat, Harpoon, and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustment or closure is necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281- 9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. Classification The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: Prior notice is impracticable because the regulations implementing the 2006 Consolidated HMS FMP, as amended, intended that inseason retention limit adjustments would allow the agency to respond quickly 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, responsive adjustment to the General category BFT daily retention limit from the default level is warranted to allow fishermen to take advantage of the availability of fish and of quota. For such adjustment to be practicable, it must occur in a timeframe that allows fishermen to take advantage of it. Fisheries under the General category daily retention limit will commence on June 1 and thus prior notice would be contrary to the public interest. Delays in increasing these retention limits would adversely affect those General and Charter/Headboat category vessels that would otherwise have an opportunity to harvest more than the default retention limit of one BFT per day/trip and may result in 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. [[Page 29504]] With quota available and fish available on the grounds, and with no measurable impacts to the stock, it would be contrary to the public interest to require vessels to wait to harvest the fish allowed through this action. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. Adjustment of the General category retention limit needs to be effective June 1, 2016, or as soon as possible thereafter, to minimize any unnecessary disruption in fishing patterns, to allow the impacted sectors to benefit from the adjustment, and to not preclude fishing opportunities for fishermen in geographic areas with access to the fishery only during this time period. Foregoing opportunities to harvest the respective quotas may have negative social and economic impacts for U.S. fishermen that depend upon catching the available quota within the time periods designated in the 2006 Consolidated HMS FMP, as amended. Therefore, the AA finds there is also good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under Sec. Sec. 635.23(a)(4) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: May 9, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-11230 Filed 5-11-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations 29501
governments, or to the private sector, J. Executive Order 12898: Federal (c)(438)(ii)(A)(3), and (c)(438)(ii)(B)(1) of
result from this action. Actions To Address Environmental this section and now deleted without
Justice in Minority Populations and replacement: ‘‘Quantifying Contingency
E. Executive Order 13132: Federalism
Low-Income Population Reductions for the 2008 PM2.5 Plan’’
This action does not have federalism The EPA lacks the discretionary (dated June 20, 2013), SJVUAPCD
implications. It will not have substantial authority to address environmental Governing Board Resolution No. 13–6–
direct effects on the states, on the justice in this rulemaking. 18 (dated June 20, 2013), Electronic mail
relationship between the national (dated July 24, 2013) from Samir Sheikh
government and the states, or on the K. Congressional Review Act (CRA) to Kerry Drake, and California Air
distribution of power and This action is subject to the CRA, and Resources Board Executive Order 13–30
responsibilities among the various the EPA will submit a rule report to (dated June 27, 2013).
levels of government. each House of the Congress and to the * * * * *
Comptroller General of the United ■ 3. Section 52.237 is amended by
F. Executive Order 13175: Coordination
States. This action is not a ‘‘major rule’’ adding paragraph (a)(8) to read as
With Indian Tribal Governments
as defined by 5 U.S.C. 804(2). follows:
This action does not have tribal L. Petitions for Judicial Review
implications, as specified in Executive § 52.237 Part D disapproval.
Order 13175, because the SIP revision Under section 307(b)(1) of the Clean (a) * * *
that the EPA is disapproving would not Air Act, petitions for judicial review of (8) The contingency measure portion
apply on any Indian reservation land or this action must be filed in the United of the 2008 PM2.5 Plan for attainment of
in any other area where the EPA or an States Court of Appeals for the the 1997 PM2.5 standards in the San
Indian tribe has demonstrated that a appropriate circuit by July 11, 2016. Joaquin Valley (June 2013).
tribe has jurisdiction, and will not Filing a petition for reconsideration by [FR Doc. 2016–11125 Filed 5–11–16; 8:45 am]
impose substantial direct costs on tribal the Administrator of this final rule does
BILLING CODE 6560–50–P
governments or preempt tribal law. not affect the finality of this rule for the
Thus, Executive Order 13175 does not purposes of judicial review nor does it
apply to this action. extend the time within which a petition
for judicial review may be filed, and DEPARTMENT OF COMMERCE
G. Executive Order 13045: Protection of shall not postpone the effectiveness of
Children From Environmental Health such rule or action. This action may not National Oceanic and Atmospheric
Risks and Safety Risks be challenged later in proceedings to Administration
enforce its requirements (see section
The EPA interprets Executive Order 50 CFR Part 635
307(b)(2)).
13045 as applying only to those
regulatory actions that concern List of Subjects in 40 CFR Part 52 [Docket No. 150121066–5717–02]
environmental health or safety risks that Environmental protection, Air RIN 0648–XE579
the EPA has reason to believe may pollution control, Incorporation by
disproportionately affect children, per reference, Intergovernmental relations, Atlantic Highly Migratory Species;
the definition of ‘‘covered regulatory Nitrogen dioxide, Particulate matter, Atlantic Bluefin Tuna Fisheries
action’’ in section 2–202 of the Sulfur oxides.
Executive Order. This action is not AGENCY: National Marine Fisheries
subject to Executive Order 13045 Dated: April 29, 2016. Service (NMFS), National Oceanic and
because this SIP disapproval does not Jared Blumenfeld, Atmospheric Administration (NOAA),
in-and-of itself create any new Regional Administrator, Region IX. Commerce.
regulations, but simply disapproves Part 52, Chapter I, Title 40 of the Code ACTION: Temporary rule; inseason
certain State requirements for inclusion of Federal Regulations is amended as General category retention limit
in the SIP. follows: adjustment.
H. Executive Order 13211: Actions That SUMMARY: NMFS is adjusting the
PART 52—APPROVAL AND
Significantly Affect Energy Supply, Atlantic bluefin tuna (BFT) General
PROMULGATION OF
Distribution, or Use category daily retention limit from the
IMPLEMENTATION PLANS
This action is not subject to Executive default limit of one large medium or
■ 1. The authority citation for part 52 giant BFT to five large medium or giant
Order 13211, because it is not a
continues to read as follows: BFT for June 1 through August 31, 2016.
significant regulatory action under
Executive Order 12866. Authority: 42 U.S.C. 7401 et seq. This action is based on consideration of
the regulatory determination criteria
I. National Technology Transfer and Subpart F—California regarding inseason adjustments, and
Advancement Act (NTTAA) applies to Atlantic Tunas General
■ 2. Section 52.220 is amended by category (commercial) permitted vessels
Section 12(d) of the NTTAA directs adding paragraph (c)(438)(ii)(C) to read and Highly Migratory Species (HMS)
the EPA to use voluntary consensus as follows: Charter/Headboat category permitted
standards in its regulatory activities vessels when fishing commercially for
jstallworth on DSK7TPTVN1PROD with RULES
unless to do so would be inconsistent § 52.220 Identification of plan.
BFT.
with applicable law or otherwise * * * * *
impractical. The EPA believes that this (c) * * * DATES: Effective June 1, 2016, through
action is not subject to the requirements (438) * * * August 31, 2016.
of section 12(d) of the NTTAA because (ii) * * * FOR FURTHER INFORMATION CONTACT:
application of those requirements would (C) Previously approved in paragraphs Sarah McLaughlin or Brad McHale,
be inconsistent with the CAA. (c)(438)(ii)(A)(1), (c)(438)(ii)(A)(2), 978–281–9260.
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![29504 Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations
With quota available and fish available the impacted sectors to benefit from the good cause under 5 U.S.C. 553(d) to
on the grounds, and with no measurable adjustment, and to not preclude fishing waive the 30-day delay in effectiveness.
impacts to the stock, it would be opportunities for fishermen in This action is being taken under
contrary to the public interest to require geographic areas with access to the §§ 635.23(a)(4) and is exempt from
vessels to wait to harvest the fish fishery only during this time period. review under Executive Order 12866.
allowed through this action. Therefore, Foregoing opportunities to harvest the Authority: 16 U.S.C. 971 et seq. and 1801
the AA finds good cause under 5 U.S.C. respective quotas may have negative et seq.
553(b)(B) to waive prior notice and the social and economic impacts for U.S.
opportunity for public comment. Dated: May 9, 2016.
fishermen that depend upon catching Emily H. Menashes,
Adjustment of the General category
the available quota within the time Acting Director, Office of Sustainable
retention limit needs to be effective June
periods designated in the 2006 Fisheries, National Marine Fisheries Service.
1, 2016, or as soon as possible
thereafter, to minimize any unnecessary Consolidated HMS FMP, as amended. [FR Doc. 2016–11230 Filed 5–11–16; 8:45 am]
disruption in fishing patterns, to allow Therefore, the AA finds there is also BILLING CODE 3510–22–P
jstallworth on DSK7TPTVN1PROD with RULES
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Document Created: 2016-05-12 01:07:35
Document Modified: 2016-05-12 01:07:35
| 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 General category retention limit adjustment. | |
| Dates | Effective June 1, 2016, through August 31, 2016. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 81 FR 29501 | |
| RIN Number | 0648-XE57 |
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