81_FR_71840 81 FR 71639 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

81 FR 71639 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range71639-71641
FR Document2016-25309

NMFS is transferring 18 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Harpoon category and 67 mt from the Reserve category to the General category for the remainder of the 2016 fishing year. These transfers result in adjusted 2016 quotas of 676.7 mt, 20.6 mt, and 8.6 mt for the General, Harpoon, and Reserve category quotas, respectively. NMFS also is adjusting the Atlantic tunas General category BFT daily retention limit from four large medium or giant BFT per vessel per day/trip to two large medium or giant BFT per vessel per day/trip for the remainder of the 2016 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016)
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71639-71641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25309]



[[Page 71639]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XE963


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason General category bluefin tuna quota 
transfer and retention limit adjustment.

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SUMMARY: NMFS is transferring 18 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Harpoon category and 67 mt from the Reserve 
category to the General category for the remainder of the 2016 fishing 
year. These transfers result in adjusted 2016 quotas of 676.7 mt, 20.6 
mt, and 8.6 mt for the General, Harpoon, and Reserve category quotas, 
respectively. NMFS also is adjusting the Atlantic tunas General 
category BFT daily retention limit from four large medium or giant BFT 
per vessel per day/trip to two large medium or giant BFT per vessel per 
day/trip for the remainder of the 2016 fishing year. This action is 
based on consideration of the regulatory determination criteria 
regarding inseason adjustments and applies to Atlantic tunas General 
category (commercial) permitted vessels and Highly Migratory Species 
(HMS) Charter/Headboat category permitted vessels when fishing 
commercially for BFT.

DATES: The quota transfer is effective October 14, 2016, through 
December 31, 2016. The General category retention limit adjustment is 
effective October 17, 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). 
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 base quota for the General category is 466.7 mt. See Sec.  
635.27(a). Each of the General category time periods (January through 
March, June through August, September, October through November, and 
December) is allocated a portion of the annual General category quota. 
Based on the General category base quota of 466.7 mt, the subquotas for 
each time period are as follows: 24.7 mt for January; 233.3 mt for June 
through August; 123.7 mt for September; 60.7 mt for October through 
November; and 24.3 mt for December. Any unused General category quota 
rolls forward within the fishing year, which coincides with the 
calendar year, from one time period to the next, and is available for 
use in subsequent time periods. On December 14, 2015, NMFS published an 
inseason action transferring 24.3 mt of BFT quota from the December 
2016 subquota to the January 2016 subquota period (80 FR 77264). To 
date this year, NMFS has published three actions that have adjusted 
and/or distributed the available 2016 Reserve category quota, which is 
currently 75.6 mt (81 FR 19, January 4, 2016; 81 FR 60286, September 1, 
2016; and 81 FR 70369, October 12, 2016).
    The 2016 General category fishery was open January 1, 2016, through 
March 31, 2016, reopened June 1, 2016, and remains open until December 
31, 2016, or until the adjusted General category quota is reached, 
whichever comes first.
    NMFS recently took a similar action (81 FR 70369, October 12, 2016) 
which reduced the daily retention limit from five to four large medium 
or giant BFT per vessel as well as transferred 125 mt of BFT quota to 
the General category from the Reserve category to meet the same 
objectives stated below. Based on continued fish availability, catch 
rates, effort, as well as other determination criteria, NMFS is taking 
this action with the same intent.
    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories, after considering 14 
determination criteria provided under Sec.  635.27(a)(8), including 
five new criteria added in Amendment 7.
    NMFS has considered all of the relevant determination criteria and 
their applicability to this inseason quota transfer and change in 
retention limit in the General category fishery. The criteria and their 
application are discussed below.

Transfer of 85 mt to the General Category

    For the inseason quota transfer, NMFS considered the usefulness of 
information obtained from catches in the particular category for 
biological sampling and monitoring of the status of the stock (Sec.  
635.27(a)(8)(i)). Biological samples collected from BFT landed by 
General category fishermen and provided by tuna dealers 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 in the General Category would support the continued 
collection of a broad range of data for these studies and for stock 
monitoring purposes.
    NMFS also considered the catches of the General category quota to 
date and the likelihood of closure of that segment of the fishery if no 
adjustment is made (Sec.  635.27(a)(8)(ii)). As of October 11, 2016, 
the General category has landed approximately 537 mt of its adjusted 
2016 quota of 591.7 mt. Without a quota transfer, NMFS would have to 
close the 2016 General category fishery for the remainder of the year, 
while unused quota remains in the Harpoon and Reserve categories. 
Regarding the projected ability of the vessels fishing under the 
particular category quota (here, the General category) to harvest the 
additional amount of BFT before the end of the fishing year (Sec.  
635.27(a)(8)(iii)), NMFS considered catches during the winter fishery 
in the last several years. General category landings in the winter BFT 
fishery, which typically begins in December or January each year, are 
highly variable and depend on availability of commercial-sized BFT. 
Commercial-sized BFT have continued to be available to General category 
vessels currently, and General category vessels should be able to 
harvest the additional amount (85 mt) of quota before the end of the 
fishing year.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the fishery might be exceeded (Sec.  
635.27(a)(8)(iv)) and the ability to account for all 2016 landings and 
dead discards. Overall, approximately 60 percent of the total of the 
currently available commercial BFT

[[Page 71640]]

subquotas for 2016 has been harvested. Activity in the Harpoon category 
has stopped for the year. NMFS will need to account for 2016 landings 
and dead discards within the adjusted U.S. quota, consistent with ICCAT 
recommendations and anticipates having sufficient quota to do that even 
with this transfer from the Harpoon and Reserve categories. These quota 
transfers would provide additional opportunities to harvest the U.S. 
BFT quota without exceeding it, while preserving the opportunity for 
General category fishermen to participate in the fall/winter BFT 
fishery.
    Another principal consideration is the objective of providing 
opportunities to harvest the full annual U.S. BFT quota without 
exceeding it based on the goals of the 2006 Consolidated HMS FMP and 
Amendment 7, including to achieve optimum yield on a continuing basis 
and to optimize the ability of all permit categories to harvest their 
full BFT quota allocations (Sec.  635.27(a)(8)(vi)). This transfer is 
consistent with the quotas established and analyzed in the most recent 
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 (Sec.  635.27(a)(8)(v) and (x)).
    Based on the considerations above, NMFS is transferring 18 mt of 
Harpoon category quota and 67 mt of Reserve category quota to the 
General category for the remainder of 2016, resulting in adjusted 
General, Harpoon, and Reserve category quotas for 2016 of 676.7 mt, 
20.6 mt, and 23.6 mt, respectively. NMFS will close the 2016 General 
category fishery for the remainder of the year when the adjusted 
General category quota of 676.7 mt has been reached.

Adjustment of General Category Daily Retention Limit

    Under Sec.  635.23(a)(4), NMFS may increase or decrease the daily 
retention limit of large medium and giant BFT over a range of zero to a 
maximum of five per vessel based on consideration of the relevant 
criteria provided under Sec.  635.27(a)(8), and listed above. NMFS 
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 December 2016 (80 FR 
77264, December 14, 2015). NMFS adjusted the daily retention limit to 
five large medium or giant BFT for the June through August 2016 
subquota period (81 FR 29501, May 12, 2016), and again for the 
September, October through November, and December periods (81 FR 59153, 
August 29, 2016); and recently to four large medium or giant BFT (81 FR 
70369, October 12, 2016). NMFS has considered the relevant criteria and 
their applicability to the General category BFT retention limit for the 
remainder of the fishing year.
    As described above with regard to the quota transfer, additional 
opportunity to land BFT would support the continued collection of a 
broad range of data for the biological studies and for stock monitoring 
purposes (Sec.  635.27(a)(8)(i)). Regarding the effects of the 
adjustment on BFT stock rebuilding and the effects of the adjustment on 
accomplishing the objectives of the fishery management plan (Sec.  
635.27(a)(8)(v) and (x)), this action would be taken consistent with 
the previously implemented and analyzed quotas, and it is not expected 
to negatively impact stock health or otherwise affect the stock in ways 
not previously analyzed. It is also supported by the Environmental 
Analysis for the 2011 final rule regarding General and Harpoon category 
management measures, which established the current range over which 
NMFS may set the General category daily retention limit (i.e., from 
zero to five fish) (76 FR 74003, November 30, 2011).
    As described above, a principal consideration is the objective of 
providing opportunities to harvest the available U.S. BFT quota without 
exceeding that quota, based on the goals of the 2006 Consolidated HMS 
FMP and Amendment 7. The retention limit currently is four fish. NMFS 
is setting the retention limit at two fish through this action because, 
given the expected level of fishing effort and catch rates, a continued 
level of four fish may lead to exceeding the adjusted category quota, 
and less than two would likely result in underharvest.
    Based on these considerations, NMFS has determined that a two-fish 
General category retention limit is warranted for the remainder of the 
year. It would provide a reasonable opportunity to harvest the U.S. 
quota of BFT without exceeding it, while maintaining an equitable 
distribution of fishing opportunities, help optimize the ability of the 
General category to harvest its available quota, allow collection of a 
broad range of data for stock monitoring purposes, and be consistent 
with the objectives of the 2006 Consolidated HMS FMP and amendments. 
Therefore, NMFS adjusts the General category retention limit from four 
to two large medium or giant BFT per vessel per day/trip, effective 
October 17, 2016, through December 31, 2016.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example (and specific to the limit that 
will apply through the end of the year), whether a vessel fishing under 
the General category limit takes a two-day trip or makes two trips in 
one day, the day/trip limit of two fish applies and may not be exceeded 
upon landing. This General category retention limit is effective in all 
areas, except for the Gulf of Mexico, where NMFS prohibits targeted 
fishing for BFT, and applies to those vessels permitted in the General 
category, as well as to those HMS Charter/Headboat permitted vessels 
fishing commercially for BFT.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
receiving BFT. General, HMS Charter/Headboat, Harpoon, and Angling 
category vessel owners are required to report the catch of all BFT 
retained or discarded dead, within 24 hours of the landing(s) or end of 
each trip, by accessing hmspermits.noaa.gov. Depending on the level of 
fishing effort and catch rates of BFT, NMFS may determine that 
additional action (i.e., quota and/or daily retention limit adjustment, 
or closure) is necessary to ensure available quota is not exceeded or 
to enhance scientific data collection from, and fishing opportunities 
in, all geographic areas. If needed, subsequent adjustments will be 
published in the Federal Register. In addition, fishermen may call the 
Atlantic Tunas Information Line at (978) 281-9260, or access 
hmspermits.noaa.gov, for updates on quota monitoring and inseason 
adjustments.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP and 
amendments provide for inseason retention limit adjustments to respond 
to the unpredictable nature of BFT availability on the fishing grounds, 
the migratory nature of this species, and the regional variations in 
the BFT fishery. Affording prior notice and an opportunity for public 
comment to implement the quota transfer and daily retention limit for 
the remainder of the year is impracticable as NMFS must react as 
quickly as possible to updated data and information that then requires

[[Page 71641]]

immediate action to be effective on the fishing grounds and thus 
efficiently manage the fishery. NMFS could not effectively react to 
this data if, in implementing the retention limit, it allowed a public 
comment period, which, for both the quota transfers, would preclude 
fishermen from harvesting BFT that are legally available consistent 
with all of the regulatory criteria.
    Delays in adjusting the retention limit may result in the available 
quota being exceeded and NMFS needing to close the fishery earlier than 
otherwise would be necessary under a lower limit. This could adversely 
affect those General and HMS Charter/Headboat category vessels that 
would otherwise have an opportunity to harvest BFT under retention 
limits set in response to the most recent data available. Limited 
opportunities to harvest the respective quotas may have negative social 
and economic impacts for U.S. fishermen that depend upon catching the 
available quota within the time periods designated in the 2006 
Consolidated HMS FMP, as amended. Adjustment of the retention limit 
needs to be effective as soon as possible to extend fishing 
opportunities for fishermen in geographic areas with access to the 
fishery only during this time period. Therefore, the AA finds good 
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment. For these reasons, there is good cause 
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec. Sec.  635.23(a)(4) and 
635.27(a)(9), and is exempt from review under Executive Order 12866.

    Authority:  16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: October 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-25309 Filed 10-14-16; 4:15 pm]
 BILLING CODE 3510-22-P



                                                            Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations                                       71639

                                           DEPARTMENT OF COMMERCE                                  among the various domestic fishing                    five new criteria added in Amendment
                                                                                                   categories, per the allocations                       7.
                                           National Oceanic and Atmospheric                        established in the 2006 Consolidated                     NMFS has considered all of the
                                           Administration                                          Highly Migratory Species Fishery                      relevant determination criteria and their
                                                                                                   Management Plan (2006 Consolidated                    applicability to this inseason quota
                                           50 CFR Part 635                                         HMS FMP) (71 FR 58058, October 2,                     transfer and change in retention limit in
                                                                                                   2006), as amended by Amendment 7 to                   the General category fishery. The
                                           [Docket No. 150121066–5717–02]                                                                                criteria and their application are
                                                                                                   the 2006 Consolidated HMS FMP
                                           RIN 0648–XE963                                          (Amendment 7) (79 FR 71510, December                  discussed below.
                                                                                                   2, 2014). NMFS is required under ATCA                 Transfer of 85 mt to the General
                                           Atlantic Highly Migratory Species;                      and the Magnuson-Stevens Act to                       Category
                                           Atlantic Bluefin Tuna Fisheries                         provide U.S. fishing vessels with a
                                                                                                   reasonable opportunity to harvest the                    For the inseason quota transfer, NMFS
                                           AGENCY:   National Marine Fisheries                     ICCAT-recommended quota.                              considered the usefulness of
                                           Service (NMFS), National Oceanic and                       The base quota for the General                     information obtained from catches in
                                           Atmospheric Administration (NOAA),                      category is 466.7 mt. See § 635.27(a).                the particular category for biological
                                           Commerce.                                               Each of the General category time                     sampling and monitoring of the status of
                                           ACTION: Temporary rule; inseason                        periods (January through March, June                  the stock (§ 635.27(a)(8)(i)). Biological
                                           General category bluefin tuna quota                     through August, September, October                    samples collected from BFT landed by
                                           transfer and retention limit adjustment.                through November, and December) is                    General category fishermen and
                                                                                                   allocated a portion of the annual                     provided by tuna dealers provide NMFS
                                           SUMMARY:   NMFS is transferring 18                      General category quota. Based on the                  with valuable parts and data for ongoing
                                           metric tons (mt) of Atlantic bluefin tuna               General category base quota of 466.7 mt,              scientific studies of BFT age and
                                           (BFT) quota from the Harpoon category                   the subquotas for each time period are                growth, migration, and reproductive
                                           and 67 mt from the Reserve category to                  as follows: 24.7 mt for January; 233.3 mt             status. Additional opportunity to land
                                           the General category for the remainder                  for June through August; 123.7 mt for                 BFT in the General Category would
                                           of the 2016 fishing year. These transfers               September; 60.7 mt for October through                support the continued collection of a
                                           result in adjusted 2016 quotas of 676.7                 November; and 24.3 mt for December.                   broad range of data for these studies and
                                           mt, 20.6 mt, and 8.6 mt for the General,                Any unused General category quota                     for stock monitoring purposes.
                                           Harpoon, and Reserve category quotas,                   rolls forward within the fishing year,                   NMFS also considered the catches of
                                           respectively. NMFS also is adjusting the                which coincides with the calendar year,               the General category quota to date and
                                           Atlantic tunas General category BFT                     from one time period to the next, and                 the likelihood of closure of that segment
                                           daily retention limit from four large                   is available for use in subsequent time               of the fishery if no adjustment is made
                                           medium or giant BFT per vessel per                      periods. On December 14, 2015, NMFS                   (§ 635.27(a)(8)(ii)). As of October 11,
                                           day/trip to two large medium or giant                   published an inseason action                          2016, the General category has landed
                                           BFT per vessel per day/trip for the                     transferring 24.3 mt of BFT quota from                approximately 537 mt of its adjusted
                                           remainder of the 2016 fishing year. This                the December 2016 subquota to the                     2016 quota of 591.7 mt. Without a quota
                                           action is based on consideration of the                 January 2016 subquota period (80 FR                   transfer, NMFS would have to close the
                                           regulatory determination criteria                       77264). To date this year, NMFS has                   2016 General category fishery for the
                                           regarding inseason adjustments and                      published three actions that have                     remainder of the year, while unused
                                           applies to Atlantic tunas General                       adjusted and/or distributed the available             quota remains in the Harpoon and
                                           category (commercial) permitted vessels                 2016 Reserve category quota, which is                 Reserve categories. Regarding the
                                           and Highly Migratory Species (HMS)                      currently 75.6 mt (81 FR 19, January 4,               projected ability of the vessels fishing
                                           Charter/Headboat category permitted                     2016; 81 FR 60286, September 1, 2016;                 under the particular category quota
                                           vessels when fishing commercially for                   and 81 FR 70369, October 12, 2016).                   (here, the General category) to harvest
                                           BFT.                                                       The 2016 General category fishery                  the additional amount of BFT before the
                                                                                                   was open January 1, 2016, through                     end of the fishing year
                                           DATES:  The quota transfer is effective
                                                                                                   March 31, 2016, reopened June 1, 2016,                (§ 635.27(a)(8)(iii)), NMFS considered
                                           October 14, 2016, through December 31,
                                                                                                   and remains open until December 31,                   catches during the winter fishery in the
                                           2016. The General category retention
                                                                                                   2016, or until the adjusted General                   last several years. General category
                                           limit adjustment is effective October 17,
                                                                                                   category quota is reached, whichever                  landings in the winter BFT fishery,
                                           2016, through December 31, 2016.
                                                                                                   comes first.                                          which typically begins in December or
                                           FOR FURTHER INFORMATION CONTACT:                           NMFS recently took a similar action                January each year, are highly variable
                                           Sarah McLaughlin or Brad McHale,                        (81 FR 70369, October 12, 2016) which                 and depend on availability of
                                           978–281–9260.                                           reduced the daily retention limit from                commercial-sized BFT. Commercial-
                                           SUPPLEMENTARY INFORMATION:                              five to four large medium or giant BFT                sized BFT have continued to be
                                           Regulations implemented under the                       per vessel as well as transferred 125 mt              available to General category vessels
                                           authority of the Atlantic Tunas                         of BFT quota to the General category                  currently, and General category vessels
                                           Convention Act (ATCA; 16 U.S.C. 971 et                  from the Reserve category to meet the                 should be able to harvest the additional
                                           seq.) and the Magnuson-Stevens Fishery                  same objectives stated below. Based on                amount (85 mt) of quota before the end
                                           Conservation and Management Act                         continued fish availability, catch rates,             of the fishing year.
                                           (Magnuson-Stevens Act; 16 U.S.C. 1801                   effort, as well as other determination                   NMFS also considered the estimated
                                           et seq.) governing the harvest of BFT by                criteria, NMFS is taking this action with             amounts by which quotas for other gear
Lhorne on DSK30JT082PROD with RULES




                                           persons and vessels subject to U.S.                     the same intent.                                      categories of the fishery might be
                                           jurisdiction are found at 50 CFR part                      Under § 635.27(a)(9), NMFS has the                 exceeded (§ 635.27(a)(8)(iv)) and the
                                           635. Section 635.27 subdivides the U.S.                 authority to transfer quota among                     ability to account for all 2016 landings
                                           BFT quota recommended by the                            fishing categories or subcategories, after            and dead discards. Overall,
                                           International Commission for the                        considering 14 determination criteria                 approximately 60 percent of the total of
                                           Conservation of Atlantic Tunas (ICCAT)                  provided under § 635.27(a)(8), including              the currently available commercial BFT


                                      VerDate Sep<11>2014   12:31 Oct 17, 2016   Jkt 241001   PO 00000   Frm 00061   Fmt 4700   Sfmt 4700   E:\FR\FM\18OCR1.SGM   18OCR1


                                           71640            Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations

                                           subquotas for 2016 has been harvested.                  September, October through November,                     Regardless of the duration of a fishing
                                           Activity in the Harpoon category has                    and December periods (81 FR 59153,                    trip, the daily retention limit applies
                                           stopped for the year. NMFS will need to                 August 29, 2016); and recently to four                upon landing. For example (and specific
                                           account for 2016 landings and dead                      large medium or giant BFT (81 FR                      to the limit that will apply through the
                                           discards within the adjusted U.S. quota,                70369, October 12, 2016). NMFS has                    end of the year), whether a vessel
                                           consistent with ICCAT                                   considered the relevant criteria and                  fishing under the General category limit
                                           recommendations and anticipates                         their applicability to the General                    takes a two-day trip or makes two trips
                                           having sufficient quota to do that even                 category BFT retention limit for the                  in one day, the day/trip limit of two fish
                                           with this transfer from the Harpoon and                 remainder of the fishing year.                        applies and may not be exceeded upon
                                           Reserve categories. These quota                            As described above with regard to the              landing. This General category retention
                                           transfers would provide additional                      quota transfer, additional opportunity to             limit is effective in all areas, except for
                                           opportunities to harvest the U.S. BFT                   land BFT would support the continued                  the Gulf of Mexico, where NMFS
                                           quota without exceeding it, while                       collection of a broad range of data for               prohibits targeted fishing for BFT, and
                                           preserving the opportunity for General                  the biological studies and for stock                  applies to those vessels permitted in the
                                           category fishermen to participate in the                monitoring purposes (§ 635.27(a)(8)(i)).              General category, as well as to those
                                           fall/winter BFT fishery.                                Regarding the effects of the adjustment               HMS Charter/Headboat permitted
                                              Another principal consideration is the               on BFT stock rebuilding and the effects               vessels fishing commercially for BFT.
                                           objective of providing opportunities to                 of the adjustment on accomplishing the
                                           harvest the full annual U.S. BFT quota                  objectives of the fishery management                  Monitoring and Reporting
                                           without exceeding it based on the goals                 plan (§ 635.27(a)(8)(v) and (x)), this                   NMFS will continue to monitor the
                                           of the 2006 Consolidated HMS FMP and                    action would be taken consistent with                 BFT fishery closely. Dealers are required
                                           Amendment 7, including to achieve                       the previously implemented and                        to submit landing reports within 24
                                           optimum yield on a continuing basis                     analyzed quotas, and it is not expected               hours of a dealer receiving BFT.
                                           and to optimize the ability of all permit               to negatively impact stock health or                  General, HMS Charter/Headboat,
                                           categories to harvest their full BFT                    otherwise affect the stock in ways not                Harpoon, and Angling category vessel
                                           quota allocations (§ 635.27(a)(8)(vi)).                 previously analyzed. It is also supported             owners are required to report the catch
                                           This transfer is consistent with the                    by the Environmental Analysis for the                 of all BFT retained or discarded dead,
                                           quotas established and analyzed in the                  2011 final rule regarding General and                 within 24 hours of the landing(s) or end
                                           most recent BFT quota final rule (80 FR                 Harpoon category management                           of each trip, by accessing
                                           52198, August 28, 2015) and with                        measures, which established the current               hmspermits.noaa.gov. Depending on the
                                           objectives of the 2006 Consolidated                     range over which NMFS may set the                     level of fishing effort and catch rates of
                                           HMS FMP and amendments, and is not                      General category daily retention limit                BFT, NMFS may determine that
                                           expected to negatively impact stock                     (i.e., from zero to five fish) (76 FR                 additional action (i.e., quota and/or
                                           health or to affect the stock in ways not               74003, November 30, 2011).                            daily retention limit adjustment, or
                                           already analyzed in those documents                        As described above, a principal                    closure) is necessary to ensure available
                                           (§ 635.27(a)(8)(v) and (x)).                            consideration is the objective of                     quota is not exceeded or to enhance
                                              Based on the considerations above,                   providing opportunities to harvest the                scientific data collection from, and
                                           NMFS is transferring 18 mt of Harpoon                   available U.S. BFT quota without                      fishing opportunities in, all geographic
                                           category quota and 67 mt of Reserve                     exceeding that quota, based on the goals              areas. If needed, subsequent
                                           category quota to the General category                  of the 2006 Consolidated HMS FMP and                  adjustments will be published in the
                                           for the remainder of 2016, resulting in                 Amendment 7. The retention limit                      Federal Register. In addition, fishermen
                                           adjusted General, Harpoon, and Reserve                  currently is four fish. NMFS is setting               may call the Atlantic Tunas Information
                                           category quotas for 2016 of 676.7 mt,                   the retention limit at two fish through               Line at (978) 281–9260, or access
                                           20.6 mt, and 23.6 mt, respectively.                     this action because, given the expected               hmspermits.noaa.gov, for updates on
                                           NMFS will close the 2016 General                        level of fishing effort and catch rates, a            quota monitoring and inseason
                                           category fishery for the remainder of the               continued level of four fish may lead to              adjustments.
                                           year when the adjusted General category                 exceeding the adjusted category quota,
                                           quota of 676.7 mt has been reached.                     and less than two would likely result in              Classification
                                                                                                   underharvest.                                           The Assistant Administrator for
                                           Adjustment of General Category Daily                       Based on these considerations, NMFS                NMFS (AA) finds that it is impracticable
                                           Retention Limit                                         has determined that a two-fish General                and contrary to the public interest to
                                              Under § 635.23(a)(4), NMFS may                       category retention limit is warranted for             provide prior notice of, and an
                                           increase or decrease the daily retention                the remainder of the year. It would                   opportunity for public comment on, this
                                           limit of large medium and giant BFT                     provide a reasonable opportunity to                   action for the following reasons:
                                           over a range of zero to a maximum of                    harvest the U.S. quota of BFT without                   The regulations implementing the
                                           five per vessel based on consideration of               exceeding it, while maintaining an                    2006 Consolidated HMS FMP and
                                           the relevant criteria provided under                    equitable distribution of fishing                     amendments provide for inseason
                                           § 635.27(a)(8), and listed above. NMFS                  opportunities, help optimize the ability              retention limit adjustments to respond
                                           adjusted the daily retention limit for the              of the General category to harvest its                to the unpredictable nature of BFT
                                           2016 January subquota period (which                     available quota, allow collection of a                availability on the fishing grounds, the
                                           closed March 31) from the default level                 broad range of data for stock monitoring              migratory nature of this species, and the
                                           of one large medium or giant BFT to                     purposes, and be consistent with the                  regional variations in the BFT fishery.
                                           three large medium or giant BFT in                      objectives of the 2006 Consolidated                   Affording prior notice and an
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                                           December 2016 (80 FR 77264, December                    HMS FMP and amendments. Therefore,                    opportunity for public comment to
                                           14, 2015). NMFS adjusted the daily                      NMFS adjusts the General category                     implement the quota transfer and daily
                                           retention limit to five large medium or                 retention limit from four to two large                retention limit for the remainder of the
                                           giant BFT for the June through August                   medium or giant BFT per vessel per                    year is impracticable as NMFS must
                                           2016 subquota period (81 FR 29501,                      day/trip, effective October 17, 2016,                 react as quickly as possible to updated
                                           May 12, 2016), and again for the                        through December 31, 2016.                            data and information that then requires


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                                                            Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations                                             71641

                                           immediate action to be effective on the                 DEPARTMENT OF COMMERCE                                would result in 109 percent of the
                                           fishing grounds and thus efficiently                                                                          Season 2 quota being harvested.
                                           manage the fishery. NMFS could not                      National Oceanic and Atmospheric                      Additional projections indicate that the
                                           effectively react to this data if, in                   Administration                                        annual TAL is likely to be attained in
                                           implementing the retention limit, it                                                                          Season 3, even with this season 2
                                           allowed a public comment period,                        50 CFR Part 648                                       possession limit reduction. Therefore,
                                           which, for both the quota transfers,                    [Docket No. 160301164–6694–02]                        consistent with § 648.322(b) and (d) we
                                           would preclude fishermen from                                                                                 are reducing the skate wing trip limit
                                                                                                   RIN 0648–XE955                                        from 25,000 lb (11,340 kg) to 9,307 lb
                                           harvesting BFT that are legally available
                                           consistent with all of the regulatory                                                                         (4,222 kg) whole weight [4,100 lb (1,860
                                                                                                   Fisheries of the Northeastern United                  kg) skate wings] to prevent the season 2
                                           criteria.                                               States; Northeast Skate Complex;                      quota from being exceeded. Beginning
                                              Delays in adjusting the retention limit              Adjustment to the Skate Bait Inseason                 October 17, 2016, no person may
                                           may result in the available quota being                 Possession Limit                                      possess on board or land more than
                                           exceeded and NMFS needing to close                      AGENCY:  National Marine Fisheries                    9,307 lb (4,222 kg) of skate bait per trip
                                           the fishery earlier than otherwise would                Service (NMFS), National Oceanic and                  for the remainder of Season 2 (i.e.,
                                           be necessary under a lower limit. This                  Atmospheric Administration (NOAA),                    through October 31, 2016). The 25,000
                                           could adversely affect those General and                Commerce.                                             lb (11,340 kg) skate bait trip limit is
                                           HMS Charter/Headboat category vessels                   ACTION: Temporary rule; inseason                      reinstated on November 1, 2016, the
                                           that would otherwise have an                            adjustment.                                           start of Season 3.
                                           opportunity to harvest BFT under                                                                              Classification
                                           retention limits set in response to the                 SUMMARY:   We announce the reduction of
                                           most recent data available. Limited                     the commercial per-trip skate bait                      This action is taken under 50 CFR
                                           opportunities to harvest the respective                 possession limit from 25,000 lb (11,340               part 648 and is exempt from review
                                           quotas may have negative social and                     kg) to 9,307 lb (4,222 kg) whole weight               under Executive Order 12866.
                                           economic impacts for U.S. fishermen                     through October 31, 2016. This action is                Authority: 16 U.S.C. 1801 et seq.
                                           that depend upon catching the available                 required to prevent the skate bait Season               Dated: October 13, 2016.
                                           quota within the time periods                           2 quota from being exceeded. This
                                                                                                                                                         Emily H. Menashes,
                                                                                                   announcement informs the public that
                                           designated in the 2006 Consolidated                                                                           Acting Director, Office of Sustainable
                                                                                                   the skate bait possession limit is
                                           HMS FMP, as amended. Adjustment of                                                                            Fisheries, National Marine Fisheries Service.
                                                                                                   reduced.
                                           the retention limit needs to be effective                                                                     [FR Doc. 2016–25139 Filed 10–13–16; 4:15 pm]
                                           as soon as possible to extend fishing                   DATES: Effective October 17, 2016,                    BILLING CODE 3510–22–P
                                           opportunities for fishermen in                          through October 31, 2016.
                                           geographic areas with access to the                     FOR FURTHER INFORMATION CONTACT:
                                           fishery only during this time period.                   William Whitmore, Fishery Policy                      DEPARTMENT OF COMMERCE
                                           Therefore, the AA finds good cause                      Analyst, 978–281–9182.
                                                                                                   SUPPLEMENTARY INFORMATION:                            National Oceanic and Atmospheric
                                           under 5 U.S.C. 553(b)(B) to waive prior
                                                                                                                                                         Administration
                                           notice and the opportunity for public                   Background
                                           comment. For these reasons, there is                                                                          50 CFR Part 679
                                           good cause under 5 U.S.C. 553(d) to                        The bait skate fishery is managed
                                                                                                   primarily through the Northeast Skate                 [Docket No. 150818742–6210–02]
                                           waive the 30-day delay in effectiveness.
                                                                                                   Complex Fishery Management Plan. The
                                              This action is being taken under                     regulations describing the process to                 RIN 0648–XE966
                                           §§ 635.23(a)(4) and 635.27(a)(9), and is                adjust inseason commercial possession
                                           exempt from review under Executive                                                                            Fisheries of the Exclusive Economic
                                                                                                   limits of skate bait are described at 50              Zone Off Alaska; Pacific Ocean Perch
                                           Order 12866.                                            CFR 648.322(b) and (d). When the                      in the Central Regulatory Area of the
                                              Authority: 16 U.S.C. 971 et seq. and 1801            National Marine Fisheries Service                     Gulf of Alaska
                                           et seq.                                                 Regional Administrator, Greater Atlantic
                                                                                                   Region projects that 90 percent of the                AGENCY:  National Marine Fisheries
                                             Dated: October 14, 2016.                              skate bait fishery seasonal quota has                 Service (NMFS), National Oceanic and
                                           Emily H. Menashes,                                      been landed, the Regional Administrator               Atmospheric Administration (NOAA),
                                           Acting Director, Office of Sustainable                  is required to reduce the skate bait trip             Commerce.
                                           Fisheries, National Marine Fisheries Service.           limit unless such a reduction would be                ACTION: Temporary rule; closure.
                                           [FR Doc. 2016–25309 Filed 10–14–16; 4:15 pm]            expected to prevent attainment of the
                                                                                                   seasonal quota or annual TAL. The                     SUMMARY:   NMFS is prohibiting retention
                                           BILLING CODE 3510–22–P
                                                                                                   current skate bait trip limit is 25,000 lb            of the incidental catch allowance for
                                                                                                   (11,340 kg) and the current skate wing                Pacific Ocean perch in the Central
                                                                                                   trip limit is 9,307 lb (4,222 kg) whole               Regulatory Area of the Gulf of Alaska
                                                                                                   weight, 4,100 lb (1,860 kg) skate wings.              (GOA). This action is necessary because
                                                                                                                                                         the 2016 total allowable catch of Pacific
                                                                                                   Inseason Action                                       Ocean perch apportioned to the
                                                                                                     Based on commercial landings data                   incidental catch allowance in the
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                                                                                                   reported through October 1, 2016, the                 Central Regulatory Area of the GOA has
                                                                                                   skate bait fishery is projected to reach or           been reached.
                                                                                                   exceed 90 percent of the Season 2 quota               DATES: Effective 1200 hours, Alaska
                                                                                                   on or around October 15, 2016. Further,               local time (A.l.t.), October 14, 2016,
                                                                                                   catch projections indicate that retaining             through 2400 hours, A.l.t., December 31,
                                                                                                   the current skate bait possession limits              2016.


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Document Created: 2016-10-17 23:52:48
Document Modified: 2016-10-17 23:52:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; inseason General category bluefin tuna quota transfer and retention limit adjustment.
DatesThe quota transfer is effective October 14, 2016, through December 31, 2016. The General category retention limit adjustment is effective October 17, 2016, through December 31, 2016.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation81 FR 71639 
RIN Number0648-XE96

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