81 FR 60286 - Atlantic Highly Migratory Species; Adjustments to 2016 Northern Albacore Tuna and Atlantic Bluefin Tuna Quotas
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 170 (September 1, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 170 (September 1, 2016)
| Page Range | 60286-60288 | |
| FR Document | 2016-21067 |
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)] [Rules and Regulations] [Pages 60286-60288] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21067] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 160706586-6780-01] RIN 0648-XE726 Atlantic Highly Migratory Species; Adjustments to 2016 Northern Albacore Tuna and Atlantic Bluefin Tuna Quotas AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary final rule; adjustments to 2016 northern albacore quota and 2016 Atlantic bluefin tuna Reserve category quota. ----------------------------------------------------------------------- SUMMARY: NMFS adjusts the northern albacore (NALB) annual baseline quota for 2016 with available underharvest of the 2015 adjusted U.S. NALB quota. NMFS also augments the 2016 Atlantic bluefin tuna (BFT) Reserve category quota with available underharvest of the 2015 adjusted U.S. BFT quota. This action is necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). DATES: Effective September 1, 2016 through December 31, 2016. ADDRESSES: Supporting documents such as the Environmental Assessments and Fishery Management Plans and their Amendments described below may be downloaded from the HMS Web site at www.nmfs.noaa.gov/sfa/hms/. These documents also are available upon request from Sarah McLaughlin or Brad McHale at the telephone number below. 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 NALB and BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27(e) describes the NALB annual quota recommended by ICCAT and the annual NALB quota adjustment process. Section 635.27(a) subdivides the ICCAT-recommended U.S. BFT quota among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Atlantic 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 describes the annual BFT quota adjustment process. 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 quotas. The NALB quota implementation and quota adjustment processes, along with the BFT quota adjustment process, were previously analyzed in Amendment 7, which included a Final Environmental Impact Statement, Final Regulatory Impact Review, Final Regulatory Flexibility Analysis, and Final Social Impact Statement, published in August 2014. ICCAT conducted another BFT stock assessment update in 2014, and, after considering the scientific advice in the stock assessment, adopted a recommendation regarding western Atlantic bluefin tuna management that increases the U.S. bluefin tuna quota for 2015 and 2016 (ICCAT Recommendation 14-05: ``Recommendation by ICCAT Amending the Supplemental Recommendation by ICCAT Concerning the Western Atlantic BFT Rebuilding Program''). NMFS published a final rule to implement that baseline annual U.S. BFT quota on August 28, 2015 (``BFT Quota Rule,'' 80 FR 52198), and prepared an Environmental Assessment, Regulatory Impact Review, and Final Regulatory Flexibility Analysis for that action. NALB Annual Quota and Adjustment Process As described in the final rule implementing Amendment 7, since 1998, ICCAT has adopted recommendations regarding the NALB fishery. A multiyear management measure for northern albacore tuna was first adopted in 2003, setting the Total Allowable Catch (TAC) at 34,500 mt. ICCAT's Standing Committee on Research and Statistics (SCRS) assessed the northern albacore tuna stock in 2009 and concluded that the stock continues to be overfished with overfishing occurring, recommending a level of catch of no more than 28,000 mt to meet ICCAT management objectives by 2020. In response, in 2009, ICCAT established the NALB rebuilding program via Recommendation 09-05, effective for 2010 and 2011, setting a 28,000-mt TAC and including several provisions to limit catches by individual ICCAT Contracting Parties (for major and minor harvesters) and reduce the amount of unharvested quota that could be carried forward from one year to the next, from 50 percent to 25 percent of a Contracting Party's initial catch quota. Subsequent ICCAT NALB Recommendations 11-04 and 13-05 (both entitled ``Supplemental Recommendation by ICCAT Concerning the North Atlantic Albacore Rebuilding Program'') maintained the TAC at 28,000 mt for 2012 through 2016 and contained specific recommendations regarding the NALB rebuilding program, including allocation of the annual TAC among the European Union, Chinese Taipei, the United States, and Venezuela. The U.S. quota for 2012 through 2016 has been 527 mt, annually. These recommendations limit Japanese northern albacore tuna catches to 4 percent in weight of its total Atlantic bigeye tuna longline catch, and limits the catches of other ICCAT parties to 200 mt. Recommendation 13- 05 also specifies that quota adjustments for a given year's underharvest or overharvest must be made within 2 years from the subject year (i.e., adjustments based on 2015 catches would be made during or before 2017). The maximum underharvest can be carried forward from one year to the next remains at 25 percent of a Contracting Party's initial catch quota. The annual U.S. NALB quota of 527 mt is codified at Sec. 635.27(e) and will remain in effect until changed (for instance, if a new ICCAT NALB TAC recommendation is adopted). Because ICCAT adopted TACs for 2014, 2015, and 2016 in Recommendation 13-05, NMFS currently anticipates that these annual base quotas would be in effect through 2016, but they will remain in place unless and until a new NALB TAC and catch limits are adopted by ICCAT. Amendment 7 established the process by which NMFS adjusts the U.S. annual [[Page 60287]] NALB quota for any previous year's underharvest. NMFS makes such adjustments consistent with ICCAT limits and when complete catch information for the prior year is available and finalized. Adjustment of the 2016 NALB Quota Based on NMFS' best available information as of July 21, 2016, the total 2015 NALB catch is 247.70 mt, which is 293.61 mt less than the 2015 adjusted quota (i.e., 527 mt plus 14.31 mt of 2014 underharvest carried forward to 2015, totaling 541.31 mt). Thus, the underharvest for 2015 is 293.61 mt. Per the 2013 ICCAT recommendation, only 25 percent of the total 2015 U.S. quota, or 131.75 mt, of that underharvest may be carried forward to the 2016 fishing year. Consistent with the process established in Amendment 7, the adjusted 2016 NALB quota is 527 mt plus 131.75 mt, totaling 658.75 mt. BFT Annual Quota and Adjustment Process Pursuant to Amendment 7, NMFS augments the Reserve category quota to the extent that underharvest from the prior year's adjusted U.S. BFT quota is available. NMFS makes such adjustments consistent with ICCAT limits and when complete catch information for the prior year is available and finalized. Consistent with the BFT quota regulations, NMFS may allocate any portion of the Reserve category quota for inseason or annual adjustments to any fishing category quota pursuant to regulatory determination criteria described at Sec. 635.27(a)(8), or for scientific research. NMFS implemented ICCAT Recommendation 14-05 in the BFT quota final rule in August 2015 (80 FR 52198, August 28, 2015). That rulemaking implemented Recommendation 14-05, which included a 2,000-mt western BFT TAC of 2,000 mt (for 2015 and 2016) and the recommended annual U.S. baseline quota of 1,058.79 mt. The total annual U.S. quota, including the 25 mt to account for bycatch related to pelagic longline fisheries in the Northeast Distant gear restricted area (NED) is 1,083.79 mt. The maximum underharvest that a Contracting Party may carry forward from one year to the next is 10 percent of its total quota. The baseline annual U.S. BFT quota of 1,058.79 mt is codified at Sec. 635.27(a) and will remain in effect until changed (for instance, if a new ICCAT western BFT TAC recommendation is adopted). Because ICCAT adopted TACs for 2015 and 2016 in Recommendation 14-05, NMFS currently anticipates that these annual baseline quotas would be in effect through 2016, but they will remain in place unless and until a new western BFT TAC and catch limits are adopted by ICCAT. Adjustment of the 2016 BFT Reserve Category Quota Based on NMFS' best available information as of July 21, 2016, the total 2015 BFT catch is 896.30 mt. This total catch includes 876.80 mt of landings and 19.50 mt of dead discards, which includes the best available estimate of 14.60 mt of dead discards for the pelagic longline fishery and the observed dead discards of 4.90 mt for the purse seine fishery. The total catch of 896.30 mt is 282.36 mt less than the quota available for 2015 landings and dead discards (i.e., 1,083.79 mt plus 94.87 mt of 2014 underharvest carried forward to 2015, totaling 1,178.66 mt). Thus, the underharvest for 2015 is 282.36 mt. Per the 2014 ICCAT recommendation, only 10 percent of the total 2015 U.S. quota, or 108.38 mt, of that underharvest may be carried forward to the 2016 fishing year. The codified Reserve category quota is 24.8 mt. Consistent with the process established in Amendment 7, NMFS augments the Reserve category quota with 108.38 mt in this action. Effective January 1, 2016, NMFS adjusted the Reserve category quota for 2016 to 92.2 mt by reallocating 101.4 mt of Purse Seine quota to the Reserve category (based on 2015 catch by Purse Seine category participants and provisions for calculating Purse Seine allocations in Amendment 7) and also transferring 34 mt of Reserve category quota to the Longline category (81 FR 19, January 4, 2016). Thus, as of the effective date of this action (September 1, 2016), the adjusted 2016 Reserve category quota will be 200.58 mt (i.e., 92.2 mt plus 108.38 mt). Classification The Assistant Administrator for NMFS (AA) has determined that this final rule is consistent with the Magnuson-Stevens Act, the 2006 Consolidated Atlantic HMS FMP and its amendments, ATCA, and other applicable law. The AA finds that it would be unnecessary and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: NMFS solicited and accepted public comment on the NALB quota implementation and quota adjustment processes, along with the BFT quota adjustment process, as part of the Amendment 7 rulemaking. Comments on these provisions in response to the proposed Amendment 7 rulemaking were generally supportive and were addressed in the Response to Comments section of the Amendment 7 final rule. (See comments 18, 19, and 105 at 79 FR 71530-71531 and 71553). This action applies the formula noticed to the public in the earlier action (Amendment 7), using the best available data regarding 2015 catch and underharvest and calculating allowable underharvest consistent with ICCAT recommendations. The Amendment 7 rulemaking specifically provided prior notice of, and accepted public comment on, these formulaic quota adjustment processes and the manner in which they occur. The application of this formula in this action does not have discretionary aspects requiring additional agency consideration and thus public comment for this action would not and could not result in any changes. There is good cause under U.S.C. 553(d)(3) to waive the 30-day delay in effective date and make the rule effective upon publication in the Federal Register. The fisheries for NALB and BFT began on January 1, 2016. NMFS monitors NALB and BFT annual catch against the available quota. Delaying the effective date of these quota adjustments would unnecessarily complicate the management of the NALB and BFT fisheries, which rely on management flexibility to respond quickly to fishery conditions to ensure that fishermen have a reasonable opportunity to catch the available quota. For example, under the NALB fishery closure regulations, NMFS must close the fishery when the annual fishery quota is reached. Closure of the fishery based only on the baseline (codified) quota versus the adjusted NALB quota would preclude the fishery from harvesting NALB that are legally available consistent with the ICCAT recommendations and the 2006 Consolidated HMS FMP, as amended. Adjusting the BFT Reserve category as soon as possible provides NMFS the flexibility to transfer quota from the Reserve to other fishing categories inseason after considering the regulatory determination criteria, including fishery conditions at the time of the transfer. NMFS could not appropriately adjust the annual quotas for 2016 sooner because the data needed to make the determination only became available in late July and additional time was needed for agency analysis and consideration of the data. Additionally, to prevent confusion and potential overharvests, these adjustments should be in place as soon as possible to allow the impacted sectors to benefit from any subsequent [[Page 60288]] quota adjustments to the fishing categories, give them a reasonable opportunity to catch available quota, and provide them the opportunity for planning operations accordingly. This action is being taken under Sec. Sec. 635.27(e) and 635.27(a)(10) and is exempt from review under Executive Order 12866. This final rule does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: August 25, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-21067 Filed 8-31-16; 8:45 am] BILLING CODE 3510-22-P
![60286 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
For the aforementioned reasons, the FOR FURTHER INFORMATION CONTACT: 1998, ICCAT has adopted
AA also finds good cause to waive the Sarah McLaughlin or Brad McHale, recommendations regarding the NALB
30-day delay in the effectiveness of this 978–281–9260. fishery. A multiyear management
action under 5 U.S.C. 553(d)(3). SUPPLEMENTARY INFORMATION: measure for northern albacore tuna was
Authority: 16 U.S.C. 1801 et seq. Regulations implemented under the first adopted in 2003, setting the Total
authority of the Atlantic Tunas Allowable Catch (TAC) at 34,500 mt.
Dated: August 29, 2016. ICCAT’s Standing Committee on
Convention Act (ATCA; 16 U.S.C. 971 et
Emily H. Menashes, Research and Statistics (SCRS) assessed
seq.) and the Magnuson-Stevens Fishery
Acting Director, Office of Sustainable the northern albacore tuna stock in 2009
Conservation and Management Act
Fisheries, National Marine Fisheries Service. and concluded that the stock continues
(Magnuson-Stevens Act; 16 U.S.C. 1801
[FR Doc. 2016–21090 Filed 8–29–16; 4:15 pm]
et seq.) governing the harvest of NALB to be overfished with overfishing
BILLING CODE 3510–22–P
and BFT by persons and vessels subject occurring, recommending a level of
to U.S. jurisdiction are found at 50 CFR catch of no more than 28,000 mt to meet
part 635. Section 635.27(e) describes the ICCAT management objectives by 2020.
DEPARTMENT OF COMMERCE In response, in 2009, ICCAT established
NALB annual quota recommended by
ICCAT and the annual NALB quota the NALB rebuilding program via
National Oceanic and Atmospheric Recommendation 09–05, effective for
Administration adjustment process. Section 635.27(a)
subdivides the ICCAT-recommended 2010 and 2011, setting a 28,000-mt TAC
U.S. BFT quota among the various and including several provisions to
50 CFR Part 635 limit catches by individual ICCAT
domestic fishing categories, per the
allocations established in the 2006 Contracting Parties (for major and minor
[Docket No. 160706586–6780–01] harvesters) and reduce the amount of
Consolidated Atlantic Highly Migratory
unharvested quota that could be carried
Species Fishery Management Plan (2006
RIN 0648–XE726 forward from one year to the next, from
Consolidated HMS FMP) (71 FR 58058,
50 percent to 25 percent of a Contracting
October 2, 2006), as amended by
Atlantic Highly Migratory Species; Party’s initial catch quota. Subsequent
Amendment 7 to the 2006 Consolidated
Adjustments to 2016 Northern ICCAT NALB Recommendations 11–04
HMS FMP (Amendment 7) (79 FR
Albacore Tuna and Atlantic Bluefin and 13–05 (both entitled ‘‘Supplemental
71510, December 2, 2014), and describes
Tuna Quotas Recommendation by ICCAT Concerning
the annual BFT quota adjustment
the North Atlantic Albacore Rebuilding
AGENCY: National Marine Fisheries process. NMFS is required under ATCA
Program’’) maintained the TAC at
Service (NMFS), National Oceanic and and the Magnuson-Stevens Act to 28,000 mt for 2012 through 2016 and
Atmospheric Administration (NOAA), provide U.S. fishing vessels with a contained specific recommendations
Commerce. reasonable opportunity to harvest the regarding the NALB rebuilding program,
ICCAT-recommended quotas. including allocation of the annual TAC
ACTION: Temporary final rule;
The NALB quota implementation and among the European Union, Chinese
adjustments to 2016 northern albacore
quota adjustment processes, along with Taipei, the United States, and
quota and 2016 Atlantic bluefin tuna
the BFT quota adjustment process, were Venezuela. The U.S. quota for 2012
Reserve category quota.
previously analyzed in Amendment 7, through 2016 has been 527 mt,
SUMMARY: NMFS adjusts the northern which included a Final Environmental annually. These recommendations limit
albacore (NALB) annual baseline quota Impact Statement, Final Regulatory Japanese northern albacore tuna catches
for 2016 with available underharvest of Impact Review, Final Regulatory to 4 percent in weight of its total
the 2015 adjusted U.S. NALB quota. Flexibility Analysis, and Final Social Atlantic bigeye tuna longline catch, and
NMFS also augments the 2016 Atlantic Impact Statement, published in August limits the catches of other ICCAT parties
bluefin tuna (BFT) Reserve category 2014. ICCAT conducted another BFT to 200 mt. Recommendation 13–05 also
quota with available underharvest of the stock assessment update in 2014, and, specifies that quota adjustments for a
2015 adjusted U.S. BFT quota. This after considering the scientific advice in given year’s underharvest or overharvest
action is necessary to implement the stock assessment, adopted a must be made within 2 years from the
binding recommendations of the recommendation regarding western subject year (i.e., adjustments based on
International Commission for the Atlantic bluefin tuna management that 2015 catches would be made during or
Conservation of Atlantic Tunas (ICCAT), increases the U.S. bluefin tuna quota for before 2017). The maximum
as required by the Atlantic Tunas 2015 and 2016 (ICCAT underharvest can be carried forward
Convention Act (ATCA), and to achieve Recommendation 14–05: from one year to the next remains at 25
domestic management objectives under ‘‘Recommendation by ICCAT Amending percent of a Contracting Party’s initial
the Magnuson-Stevens Fishery the Supplemental Recommendation by catch quota.
Conservation and Management Act ICCAT Concerning the Western Atlantic The annual U.S. NALB quota of 527
(Magnuson-Stevens Act). BFT Rebuilding Program’’). NMFS mt is codified at § 635.27(e) and will
published a final rule to implement that remain in effect until changed (for
DATES: Effective September 1, 2016 baseline annual U.S. BFT quota on instance, if a new ICCAT NALB TAC
through December 31, 2016. August 28, 2015 (‘‘BFT Quota Rule,’’ 80 recommendation is adopted). Because
ADDRESSES: Supporting documents such FR 52198), and prepared an ICCAT adopted TACs for 2014, 2015,
asabaliauskas on DSK3SPTVN1PROD with RULES
as the Environmental Assessments and Environmental Assessment, Regulatory and 2016 in Recommendation 13–05,
Fishery Management Plans and their Impact Review, and Final Regulatory NMFS currently anticipates that these
Amendments described below may be Flexibility Analysis for that action. annual base quotas would be in effect
downloaded from the HMS Web site at through 2016, but they will remain in
www.nmfs.noaa.gov/sfa/hms/. These NALB Annual Quota and Adjustment
place unless and until a new NALB TAC
documents also are available upon Process
and catch limits are adopted by ICCAT.
request from Sarah McLaughlin or Brad As described in the final rule Amendment 7 established the process
McHale at the telephone number below. implementing Amendment 7, since by which NMFS adjusts the U.S. annual
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![60288 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
quota adjustments to the fishing fax: 206–526–6736, or email: higher than anticipated harvest and
categories, give them a reasonable benjamin.mann@noaa.gov. prevent closure of the fishery prior to
opportunity to catch available quota, SUPPLEMENTARY INFORMATION: harvesting their allocations of Pacific
and provide them the opportunity for whiting.
planning operations accordingly. Electronic Access At the start of 2016, the MS and C/P
This action is being taken under This rule is accessible via the Internet sectors of the Pacific whiting fishery
§§ 635.27(e) and 635.27(a)(10) and is at the Office of the Federal Register Web were allocated 7.2 mt and 10.2 mt of
exempt from review under Executive site at https://www.federalregister.gov. POP respectively, per regulations at
Order 12866. Background information and documents § 660.55(c)(1)(i)(B). According to the
This final rule does not contain a are available at the Pacific Fishery best fishery information available at the
collection-of-information requirement Management Council’s Web site at June 2016 meeting, POP bycatch in the
for purposes of the Paperwork http://www.pcouncil.org/. Copies of the MS sector was approximately double
Reduction Act. final environmental impact statement 2016 POP bycatch projections. At that
Because prior notice and opportunity (FEIS) for the Groundfish Specifications time, best available information
for public comment are not required for and Management Measures for 2015– regarding bycatch rates of POP in the
this rule by 5 U.S.C. 553, or any other 2016 and Biennial Periods Thereafter MS sector indicated that if those rates
law, the analytical requirements of the are available from Chuck Tracy, continued, only 53 percent (38,246 mt)
Regulatory Flexibility Act, 5 U.S.C. 601 Executive Director, Pacific Fishery of the Pacific whiting allocation would
et seq., are inapplicable. Management Council (Council), 7700 be harvested by the end of the 2016
Authority: 16 U.S.C. 971 et seq. and 1801 NE Ambassador Place, Portland, OR fishery. Therefore, the Council
et seq. 97220, phone: 503–820–2280. recommended that NMFS monitor
fishery harvest of Pacific whiting and
Dated: August 25, 2016. Background
POP relative to their respective at-sea
Samuel D. Rauch III, The Pacific Fishery Management sector allocations, update projections of
Deputy Assistant Administrator for Council (Council)—in coordination with Pacific whiting allocation attainment
Regulatory Programs, National Marine Pacific Coast Treaty Indian Tribes and based on new, updated POP bycatch
Fisheries Service. the States of Washington, Oregon, and rates, and if necessary, transfer some
[FR Doc. 2016–21067 Filed 8–31–16; 8:45 am] California—recommended changes to POP that would otherwise go
BILLING CODE 3510–22–P groundfish management measures at its unharvested to either the MS or C/P
June 21–28, 2016, meeting. Specifically, sectors as needed.
the Council recommended taking a Current projections by the Northwest
DEPARTMENT OF COMMERCE portion of the Pacific ocean perch (POP) Fishery Science Center indicate that
initially deducted from the annual catch approximately 3.7 mt of POP off-the-top
National Oceanic and Atmospheric
limit (ACL) and making it available to deductions for scientific research would
Administration
the mothership (MS) sector; a trip limit remain unharvested through the end of
increase for black rockfish in the limited the year. As of August 11, 2016, the C/
50 CFR Part 660
entry fixed gear (LEFG) and open access P sector has only harvested
[Docket No. 140904754–5188–02] (OA) fisheries in northern California; approximately 4.1 percent (0.41 mt) of
RIN 0648–BG27
and trip limit reductions in the OA its 2016 POP allocation indicating the
sablefish daily trip limit (DTL) fishery C/P sector has sufficient POP allocation
Magnuson-Stevens Act Provisions; north of 36° N. lat. to cover their Pacific whiting harvests.
Fisheries Off West Coast States; However, approximately 70 percent (5.0
Transferring POP to the Mothership
Pacific Coast Groundfish Fishery; mt) of the total MS sector POP
Sector
2015–2016 Biennial Specifications and allocation has been harvested and only
Management Measures; Inseason As part of biennial harvest approximately 47 percent (34,256.46 mt)
Adjustments specifications and management of the Pacific whiting allocation has
measures, ACLs are set for non-whiting been harvested. Using the most recent
AGENCY: National Marine Fisheries groundfish species, deductions are catch data through August 11, 2016,
Service (NMFS), National Oceanic and made ‘‘off-the-top’’ from the ACL to NMFS projects that at current rates, the
Atmospheric Administration (NOAA), account for various sources of mortality MS sector will only harvest
Commerce. (including scientific research activities) approximately 49 percent (35,486.35 mt)
ACTION: Final rule; inseason adjustments and the remainder, the fishery harvest of its total Pacific whiting allocation
to biennial groundfish management guideline, is allocated among the (74,415 mt) before reaching the 7.2 mt
measures. various groundfish fisheries. The POP allocation. Therefore, consistent
limited availability of overfished species with the Council’s June
SUMMARY: This final rule announces that can be taken as incidental catch in recommendation to take into account
inseason changes to management the Pacific whiting fishery, particularly the best estimates of the amount of POP
measures in the Pacific Coast groundfish darkblotched rockfish, POP, and canary available and the updated bycatch rates
fisheries. This action, which is rockfish, led NMFS to implement in the MS and C/P fisheries, NMFS is
authorized by the Pacific Coast sector-specific allocations for these transferring 3.0 mt of POP to the at-sea
Groundfish Fishery Management Plan species to the Pacific whiting fisheries. sectors.
asabaliauskas on DSK3SPTVN1PROD with RULES
(PCGFMP), is intended to allow If the sector-specific allocation for a This rule transfers 3.0 mt of POP that
fisheries to access more abundant non-whiting species is reached, NMFS is expected to go unharvested from the
groundfish stocks while protecting may close one or more of the at-sea scientific research off-the-top deduction
overfished and depleted stocks. sectors automatically, per regulations at to the MS sector. This transfer increases
DATES: This final rule is effective § 660.60(d). the MS sector POP allocation from 7.2
September 1, 2016. At the June, 2016 meeting, MS and mt to 10.2 mt. The remaining amount in
FOR FURTHER INFORMATION CONTACT: catcher/processor (C/P) sectors the off-the-top deduction for scientific
Benjamin Mann, phone: 206–526–6117, requested more POP to accommodate research is anticipated to go
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Document Created: 2018-02-09 11:57:19
Document Modified: 2018-02-09 11:57:19
| 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 final rule; adjustments to 2016 northern albacore quota and 2016 Atlantic bluefin tuna Reserve category quota. | |
| Dates | Effective September 1, 2016 through December 31, 2016. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 81 FR 60286 | |
| RIN Number | 0648-XE72 |
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