82_FR_12790 82 FR 12747 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

82 FR 12747 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 43 (March 7, 2017)

Page Range12747-12749
FR Document2017-04439

NMFS is transferring 40 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category January 2017 subquota period (which lasts from January 1 through March 31, 2017, or until the available subquota for this period is reached, whichever comes first). This transfer results in an adjusted subquota of 81 mt for the January 2017 subquota period and 78 mt for the Reserve category quota. NMFS also is adjusting the Atlantic tunas General category BFT daily retention limit for the January 2017 subquota period to one large medium or giant BFT from the current retention limit of three. 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 82 Issue 43 (Tuesday, March 7, 2017)
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Rules and Regulations]
[Pages 12747-12749]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04439]



[[Page 12747]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF259


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 40 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the General category 
January 2017 subquota period (which lasts from January 1 through March 
31, 2017, or until the available subquota for this period is reached, 
whichever comes first). This transfer results in an adjusted subquota 
of 81 mt for the January 2017 subquota period and 78 mt for the Reserve 
category quota. NMFS also is adjusting the Atlantic tunas General 
category BFT daily retention limit for the January 2017 subquota period 
to one large medium or giant BFT from the current retention limit of 
three. 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 March 2, 2017 through March 31, 
2017. The General category retention limit adjustment is effective 
March 5, 2017, through March 31, 2017.

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) and as implemented by the United States 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, June 
through August, September, October through November, and December) is 
allocated a portion of the annual General category quota. Although it 
is called the ``January'' subquota, the regulations allow the General 
category fishery under this quota to continue until the subquota is 
reached or March 31, whichever comes first. 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. Effective January 1, 2017, NMFS transferred 16.3 mt of the 
24.3-mt General category quota allocated for the December 2017 period 
to the January 2017 period, resulting in a subquota of 41 mt for the 
January period and a subquota of 8 mt for the December 2017 period (81 
FR 91873, December 19, 2016). Effective February 28, 2017, NMFS 
reallocated 138.2 mt of the 2017 Purse Seine category quota to the 
Reserve and transferred 45 mt from the Reserve category quota to the 
Longline category, resulting in an adjusted 2017 Reserve category quota 
of 118 mt (82 FR 12296, March 2, 2017).

Quota Transfer

    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories, after considering regulatory 
determination criteria at Sec.  635.27(a)(8).
    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 40 mt From the Reserve Category 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 (including during the winter fishery in the last several years), 
and the likelihood of closure of that segment of the fishery if no 
adjustment is made (Sec.  635.27(a)(8)(ii)). As of February 27, 2017, 
the General category landed approximately 52 mt of its adjusted January 
subquota of 41 mt. Without a quota transfer, NMFS would have to close 
the January 2017 General category fishery, while unused quota remains 
in the Reserve category and while commercial-sized BFT may remain 
available in the areas where General category permitted vessels operate 
at this time of year. Transferring 40 mt of BFT quota from the Reserve 
category would result in 81 mt being available for the January subquota 
period. This quota transfer 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 winter 
BFT fishery.
    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 General category landings in the 
last several years. General category landings in the winter BFT fishery 
tend to be highly variable and depend on access to commercial-sized BFT 
and fishing conditions, among other factors. Any unused General 
category quota from the January subperiod that remains as of March 31 
will roll forward to the next subperiod within the calendar year (i.e., 
the June-August time period). In 2016, NMFS transferred the entire 
24.3-mt December subquota to the January time period, for an adjusted 
January 2016 subquota of 49 mt. Under a three-fish General category 
daily retention

[[Page 12748]]

limit, that adjusted subquota allowed the fishery to continue through 
the end of March 2016. This year, fishing conditions have resulted in 
highly variable landings, with higher landings rates in recent days.
    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 2017 landings and 
dead discards. In the last several years, total U.S. BFT landings have 
been below the available U.S. quota such that the United States has 
carried forward the maximum amount of underharvest allowed by ICCAT 
from one year to the next. In 2016, the General category exceeded its 
adjusted quota (discussed below) but sufficient quota was available to 
cover the exceedance without affecting the other categories. NMFS will 
need to account for 2017 landings and dead discards within the adjusted 
U.S. quota, consistent with ICCAT recommendations, and anticipates 
having sufficient quota to do that. This quota transfer 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 winter BFT fishery.
    This transfer would be consistent with the current quotas, which 
were established and analyzed in the 2015 BFT quota final rule (80 FR 
52198, August 28, 2015), and with objectives of the 2006 Consolidated 
HMS FMP and amendments. (Sec.  635.27(a)(8)(v) and (vi)). 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 (related to Sec.  635.27(a)(8)(x)).
    NMFS also anticipates that some underharvest of the 2016 adjusted 
U.S. BFT quota will be carried forward to 2017 and placed in the 
Reserve category, in accordance with the regulations. This, in addition 
to the fact that any unused General category quota will roll forward to 
the next subperiod within the calendar year, along with NMFS' plan to 
actively manage the subquotas to avoid any exceedances, makes it likely 
that General category quota will remain available through the end of 
2017. NMFS also may conduct other allowable transfers among categories 
throughout the year after considering the regulatory determination 
criteria for such adjustments. In 2016, NMFS closed the General 
category quota effective November 4 to prevent further overharvest of 
the adjusted General category quota. General category landings were 
relatively high in the fall of 2016, due to a combination of fish 
availability, favorable fishing conditions, and higher daily retention 
limits (described below). NMFS anticipates that General category 
participants in all areas and time periods will have opportunities to 
harvest the General category quota in 2017, through active inseason 
management such as retention limit adjustments and/or the timing of 
quota transfers, as practicable. Thus, this quota transfer would allow 
fishermen to take advantage of the availability of fish on the fishing 
grounds, consider the expected increases in available 2017 quota later 
in the year, and provide a reasonable opportunity to harvest the full 
U.S. BFT quota.
    Based on the considerations above, NMFS is transferring 40 mt of 
BFT quota from the Reserve category, resulting in a subquota of 81 mt 
for the January 2017 subquota period and a subquota of 78 mt for the 
Reserve category. NMFS will close the General category fishery when the 
adjusted January period subquota of 81 mt has been reached, or it will 
close automatically on March 31, 2017, whichever comes first, and it 
will remain closed until the General category fishery reopens on June 
1, 2017.

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 has 
considered the relevant criteria and their applicability to the General 
category BFT retention limit for the remainder of the January subquota 
period.
    As described above with regard to the quota transfer, additional 
opportunity to land BFT (i.e., keeping the fishery open at a lower 
daily retention limit) would support the collection of a broad range of 
data for biological studies and for stock monitoring purposes. 
Regarding the effects of the adjustment on bluefin tuna rebuilding and 
overfishing and the effects of the adjustment on accomplishing the 
objectives of the fishery management plan, this action is needed to 
ensure that the fishery operates within the previously implemented 
quotas and retention limits analyzed in the Environmental Assessment 
for the 2011 final rule regarding General and Harpoon category 
management measures (76 FR 74003, November 30, 2011).
    As described above, a principal consideration in reducing the daily 
retention limit 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, as amended. The retention limit 
currently is three fish and would continue to be three fish if NMFS 
were to take no action. NMFS is setting the retention limit at one fish 
through this action because, given the expected level of fishing effort 
and catch rates, a continued level of three fish may lead to exceeding 
the adjusted category quota.
    Regarding 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, NMFS notes that in 2012, 2013, and 2014, the 
available January subquota (23.1 mt) was reached on January 22, 
February 15, and March 21, respectively, under a limit of two large 
medium or giant BFT. In each of these years, the General category did 
not reach its available quota by the end of the year. For 2015, the 
adjusted January subquota of 45.7 was not met under a daily retention 
limit of three large medium or giant BFT, whereas for 2016, the 
adjusted subquota of 49 mt was reached, and slightly exceeded, as of 
March 31 under a three-fish limit. For the January 2017 subquota 
period, NMFS allowed a three-fish limit for most of the subquota 
period, and is decreasing it only in the final third of the period, to 
try to best utilize available quota and keep the fishery open for the 
rest of the subquota period, if possible.
    Based on these considerations, NMFS has determined that a General 
category retention limit of one fish is warranted for the remainder of 
the January 2017 subquota period. It would provide a reasonable 
opportunity to harvest the U.S. quota of BFT without exceeding it, 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 three to one large medium or 
giant BFT per vessel per day/trip, effective March 5, 2017, through 
March 31, 2017, or until the 81-mt January subquota is harvested, 
whichever comes first.

[[Page 12749]]

    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example, during the remainder of the 
January 2017 subquota period, 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 one 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 or by using the Android or 
iPhone app. 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 opportunity for public 
comment to implement the quota transfer and daily retention limit for 
the remainder of the January 2017 subquota period at this time is 
impracticable. NMFS could not have proposed these actions earlier, as 
it needed to consider and respond information about landings and 
availability of fish and other conditions outside the agency's control 
that then require immediate action to be effective on the fishing 
grounds and thus efficiently manage the fishery. Daily landings rates 
increased substantially the week of February 20, 2017, pushing total 
landings toward the available 41-mt quota. This information became 
available on February 24, 2017. NMFS could not effectively react to 
these landings data if, in implementing the retention limit, it allowed 
a public comment period, which 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 also 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: March 2, 2017.
Emily D. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-04439 Filed 3-2-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                                                    Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations                                        12747

                                                DEPARTMENT OF COMMERCE                                  Conservation of Atlantic Tunas (ICCAT)                Transfer of 40 mt From the Reserve
                                                                                                        and as implemented by the United                      Category to the General Category
                                                National Oceanic and Atmospheric                        States among the various domestic                        For the inseason quota transfer, NMFS
                                                Administration                                          fishing categories, per the allocations               considered the usefulness of
                                                                                                        established in the 2006 Consolidated                  information obtained from catches in
                                                50 CFR Part 635                                         Highly Migratory Species Fishery                      the particular category for biological
                                                                                                        Management Plan (2006 Consolidated                    sampling and monitoring of the status of
                                                [Docket No. 150121066–5717–02]
                                                                                                        HMS FMP) (71 FR 58058, October 2,                     the stock (§ 635.27(a)(8)(i)). Biological
                                                RIN 0648–XF259                                          2006), as amended by Amendment 7 to                   samples collected from BFT landed by
                                                                                                        the 2006 Consolidated HMS FMP                         General category fishermen and
                                                Atlantic Highly Migratory Species;                      (Amendment 7) (79 FR 71510, December                  provided by tuna dealers provide NMFS
                                                Atlantic Bluefin Tuna Fisheries                         2, 2014). NMFS is required under ATCA                 with valuable parts and data for ongoing
                                                                                                        and the Magnuson-Stevens Act to                       scientific studies of BFT age and
                                                AGENCY:   National Marine Fisheries                     provide U.S. fishing vessels with a
                                                Service (NMFS), National Oceanic and                                                                          growth, migration, and reproductive
                                                                                                        reasonable opportunity to harvest the
                                                Atmospheric Administration (NOAA),                                                                            status. Additional opportunity to land
                                                                                                        ICCAT-recommended quota.
                                                Commerce.                                                  The base quota for the General                     BFT in the General category would
                                                ACTION: Temporary rule; inseason                        category is 466.7 mt. See § 635.27(a).                support the continued collection of a
                                                General category bluefin tuna quota                     Each of the General category time                     broad range of data for these studies and
                                                transfer and retention limit adjustment.                periods (January, June through August,                for stock monitoring purposes.
                                                                                                                                                                 NMFS also considered the catches of
                                                                                                        September, October through November,
                                                SUMMARY:    NMFS is transferring 40                                                                           the General category quota to date
                                                                                                        and December) is allocated a portion of
                                                metric tons (mt) of Atlantic bluefin tuna                                                                     (including during the winter fishery in
                                                                                                        the annual General category quota.
                                                (BFT) quota from the Reserve category                   Although it is called the ‘‘January’’                 the last several years), and the
                                                to the General category January 2017                    subquota, the regulations allow the                   likelihood of closure of that segment of
                                                subquota period (which lasts from                       General category fishery under this                   the fishery if no adjustment is made
                                                January 1 through March 31, 2017, or                    quota to continue until the subquota is               (§ 635.27(a)(8)(ii)). As of February 27,
                                                until the available subquota for this                   reached or March 31, whichever comes                  2017, the General category landed
                                                period is reached, whichever comes                      first. Based on the General category base             approximately 52 mt of its adjusted
                                                first). This transfer results in an adjusted            quota of 466.7 mt, the subquotas for                  January subquota of 41 mt. Without a
                                                subquota of 81 mt for the January 2017                  each time period are as follows: 24.7 mt              quota transfer, NMFS would have to
                                                subquota period and 78 mt for the                       for January; 233.3 mt for June through                close the January 2017 General category
                                                Reserve category quota. NMFS also is                    August; 123.7 mt for September; 60.7 mt               fishery, while unused quota remains in
                                                adjusting the Atlantic tunas General                    for October through November; and 24.3                the Reserve category and while
                                                category BFT daily retention limit for                  mt for December. Any unused General                   commercial-sized BFT may remain
                                                the January 2017 subquota period to one                 category quota rolls forward within the               available in the areas where General
                                                large medium or giant BFT from the                      fishing year, which coincides with the                category permitted vessels operate at
                                                current retention limit of three. This                  calendar year, from one time period to                this time of year. Transferring 40 mt of
                                                action is based on consideration of the                 the next, and is available for use in                 BFT quota from the Reserve category
                                                regulatory determination criteria                       subsequent time periods. Effective                    would result in 81 mt being available for
                                                regarding inseason adjustments and                      January 1, 2017, NMFS transferred 16.3                the January subquota period. This quota
                                                applies to Atlantic tunas General                       mt of the 24.3-mt General category quota              transfer would provide additional
                                                category (commercial) permitted vessels                 allocated for the December 2017 period                opportunities to harvest the U.S. BFT
                                                and Highly Migratory Species (HMS)                      to the January 2017 period, resulting in              quota without exceeding it, while
                                                Charter/Headboat category permitted                     a subquota of 41 mt for the January                   preserving the opportunity for General
                                                vessels when fishing commercially for                   period and a subquota of 8 mt for the                 category fishermen to participate in the
                                                BFT.                                                    December 2017 period (81 FR 91873,                    winter BFT fishery.
                                                                                                        December 19, 2016). Effective February                   Regarding the projected ability of the
                                                DATES:  The quota transfer is effective                                                                       vessels fishing under the particular
                                                March 2, 2017 through March 31, 2017.                   28, 2017, NMFS reallocated 138.2 mt of
                                                                                                        the 2017 Purse Seine category quota to                category quota (here, the General
                                                The General category retention limit                                                                          category) to harvest the additional
                                                adjustment is effective March 5, 2017,                  the Reserve and transferred 45 mt from
                                                                                                        the Reserve category quota to the                     amount of BFT before the end of the
                                                through March 31, 2017.                                                                                       fishing year (§ 635.27(a)(8)(iii)), NMFS
                                                                                                        Longline category, resulting in an
                                                FOR FURTHER INFORMATION CONTACT:                                                                              considered General category landings in
                                                                                                        adjusted 2017 Reserve category quota of
                                                Sarah McLaughlin or Brad McHale,                                                                              the last several years. General category
                                                                                                        118 mt (82 FR 12296, March 2, 2017).
                                                978–281–9260.                                                                                                 landings in the winter BFT fishery tend
                                                SUPPLEMENTARY INFORMATION:                              Quota Transfer                                        to be highly variable and depend on
                                                Regulations implemented under the                          Under § 635.27(a)(9), NMFS has the                 access to commercial-sized BFT and
                                                authority of the Atlantic Tunas                         authority to transfer quota among                     fishing conditions, among other factors.
                                                Convention Act (ATCA; 16 U.S.C. 971 et                  fishing categories or subcategories, after            Any unused General category quota
                                                seq.) and the Magnuson-Stevens Fishery                  considering regulatory determination                  from the January subperiod that remains
                                                Conservation and Management Act                         criteria at § 635.27(a)(8).                           as of March 31 will roll forward to the
jstallworth on DSK7TPTVN1PROD with RULES




                                                (Magnuson-Stevens Act; 16 U.S.C. 1801                      NMFS has considered all of the                     next subperiod within the calendar year
                                                et seq.) governing the harvest of BFT by                relevant determination criteria and their             (i.e., the June–August time period). In
                                                persons and vessels subject to U.S.                     applicability to this inseason quota                  2016, NMFS transferred the entire 24.3-
                                                jurisdiction are found at 50 CFR part                   transfer and change in retention limit in             mt December subquota to the January
                                                635. Section 635.27 subdivides the U.S.                 the General category fishery. The                     time period, for an adjusted January
                                                BFT quota recommended by the                            criteria and their application are                    2016 subquota of 49 mt. Under a three-
                                                International Commission for the                        discussed below.                                      fish General category daily retention


                                           VerDate Sep<11>2014   13:51 Mar 06, 2017   Jkt 241001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\07MRR1.SGM   07MRR1


                                                12748               Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations

                                                limit, that adjusted subquota allowed                   adjustments. In 2016, NMFS closed the                 limits analyzed in the Environmental
                                                the fishery to continue through the end                 General category quota effective                      Assessment for the 2011 final rule
                                                of March 2016. This year, fishing                       November 4 to prevent further                         regarding General and Harpoon category
                                                conditions have resulted in highly                      overharvest of the adjusted General                   management measures (76 FR 74003,
                                                variable landings, with higher landings                 category quota. General category                      November 30, 2011).
                                                rates in recent days.                                   landings were relatively high in the fall                As described above, a principal
                                                   NMFS also considered the estimated                   of 2016, due to a combination of fish                 consideration in reducing the daily
                                                amounts by which quotas for other gear                  availability, favorable fishing                       retention limit is the objective of
                                                categories of the fishery might be                      conditions, and higher daily retention                providing opportunities to harvest the
                                                exceeded (§ 635.27(a)(8)(iv)) and the                   limits (described below). NMFS                        available U.S. BFT quota without
                                                ability to account for all 2017 landings                anticipates that General category                     exceeding that quota, based on the goals
                                                and dead discards. In the last several                  participants in all areas and time                    of the 2006 Consolidated HMS FMP, as
                                                years, total U.S. BFT landings have been                periods will have opportunities to                    amended. The retention limit currently
                                                below the available U.S. quota such that                harvest the General category quota in                 is three fish and would continue to be
                                                the United States has carried forward                   2017, through active inseason                         three fish if NMFS were to take no
                                                the maximum amount of underharvest                      management such as retention limit                    action. NMFS is setting the retention
                                                allowed by ICCAT from one year to the                   adjustments and/or the timing of quota                limit at one fish through this action
                                                next. In 2016, the General category                     transfers, as practicable. Thus, this                 because, given the expected level of
                                                exceeded its adjusted quota (discussed                  quota transfer would allow fishermen to               fishing effort and catch rates, a
                                                below) but sufficient quota was                         take advantage of the availability of fish            continued level of three fish may lead
                                                available to cover the exceedance                       on the fishing grounds, consider the                  to exceeding the adjusted category
                                                without affecting the other categories.                 expected increases in available 2017                  quota.
                                                NMFS will need to account for 2017                      quota later in the year, and provide a                   Regarding the catches of the particular
                                                landings and dead discards within the                   reasonable opportunity to harvest the                 category quota to date and the
                                                adjusted U.S. quota, consistent with                    full U.S. BFT quota.                                  likelihood of closure of that segment of
                                                ICCAT recommendations, and                                 Based on the considerations above,
                                                                                                                                                              the fishery if no adjustment is made,
                                                anticipates having sufficient quota to do               NMFS is transferring 40 mt of BFT
                                                                                                                                                              NMFS notes that in 2012, 2013, and
                                                that. This quota transfer would provide                 quota from the Reserve category,
                                                                                                                                                              2014, the available January subquota
                                                additional opportunities to harvest the                 resulting in a subquota of 81 mt for the
                                                                                                                                                              (23.1 mt) was reached on January 22,
                                                U.S. BFT quota without exceeding it,                    January 2017 subquota period and a
                                                                                                                                                              February 15, and March 21,
                                                while preserving the opportunity for                    subquota of 78 mt for the Reserve
                                                                                                                                                              respectively, under a limit of two large
                                                General category fishermen to                           category. NMFS will close the General
                                                                                                                                                              medium or giant BFT. In each of these
                                                participate in the winter BFT fishery.                  category fishery when the adjusted
                                                   This transfer would be consistent                                                                          years, the General category did not
                                                                                                        January period subquota of 81 mt has
                                                with the current quotas, which were                                                                           reach its available quota by the end of
                                                                                                        been reached, or it will close
                                                established and analyzed in the 2015                    automatically on March 31, 2017,                      the year. For 2015, the adjusted January
                                                BFT quota final rule (80 FR 52198,                      whichever comes first, and it will                    subquota of 45.7 was not met under a
                                                August 28, 2015), and with objectives of                remain closed until the General category              daily retention limit of three large
                                                the 2006 Consolidated HMS FMP and                       fishery reopens on June 1, 2017.                      medium or giant BFT, whereas for 2016,
                                                amendments. (§ 635.27(a)(8)(v) and (vi)).                                                                     the adjusted subquota of 49 mt was
                                                Another principal consideration is the                  Adjustment of General Category Daily                  reached, and slightly exceeded, as of
                                                objective of providing opportunities to                 Retention Limit                                       March 31 under a three-fish limit. For
                                                harvest the full annual U.S. BFT quota                     Under § 635.23(a)(4), NMFS may                     the January 2017 subquota period,
                                                without exceeding it based on the goals                 increase or decrease the daily retention              NMFS allowed a three-fish limit for
                                                of the 2006 Consolidated HMS FMP and                    limit of large medium and giant BFT                   most of the subquota period, and is
                                                Amendment 7, including to achieve                       over a range of zero to a maximum of                  decreasing it only in the final third of
                                                optimum yield on a continuing basis                     five per vessel based on consideration of             the period, to try to best utilize available
                                                and to optimize the ability of all permit               the relevant criteria provided under                  quota and keep the fishery open for the
                                                categories to harvest their full BFT                    § 635.27(a)(8), and listed above. NMFS                rest of the subquota period, if possible.
                                                quota allocations (related to                           has considered the relevant criteria and                 Based on these considerations, NMFS
                                                § 635.27(a)(8)(x)).                                     their applicability to the General                    has determined that a General category
                                                   NMFS also anticipates that some                      category BFT retention limit for the                  retention limit of one fish is warranted
                                                underharvest of the 2016 adjusted U.S.                  remainder of the January subquota                     for the remainder of the January 2017
                                                BFT quota will be carried forward to                    period.                                               subquota period. It would provide a
                                                2017 and placed in the Reserve                             As described above with regard to the              reasonable opportunity to harvest the
                                                category, in accordance with the                        quota transfer, additional opportunity to             U.S. quota of BFT without exceeding it,
                                                regulations. This, in addition to the fact              land BFT (i.e., keeping the fishery open              help optimize the ability of the General
                                                that any unused General category quota                  at a lower daily retention limit) would               category to harvest its available quota,
                                                will roll forward to the next subperiod                 support the collection of a broad range               allow collection of a broad range of data
                                                within the calendar year, along with                    of data for biological studies and for                for stock monitoring purposes, and be
                                                NMFS’ plan to actively manage the                       stock monitoring purposes. Regarding                  consistent with the objectives of the
                                                subquotas to avoid any exceedances,                     the effects of the adjustment on bluefin              2006 Consolidated HMS FMP and
jstallworth on DSK7TPTVN1PROD with RULES




                                                makes it likely that General category                   tuna rebuilding and overfishing and the               amendments. Therefore, NMFS adjusts
                                                quota will remain available through the                 effects of the adjustment on                          the General category retention limit
                                                end of 2017. NMFS also may conduct                      accomplishing the objectives of the                   from three to one large medium or giant
                                                other allowable transfers among                         fishery management plan, this action is               BFT per vessel per day/trip, effective
                                                categories throughout the year after                    needed to ensure that the fishery                     March 5, 2017, through March 31, 2017,
                                                considering the regulatory                              operates within the previously                        or until the 81-mt January subquota is
                                                determination criteria for such                         implemented quotas and retention                      harvested, whichever comes first.


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                                                                    Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations                                        12749

                                                   Regardless of the duration of a fishing              proposed these actions earlier, as it                 DEPARTMENT OF COMMERCE
                                                trip, the daily retention limit applies                 needed to consider and respond
                                                upon landing. For example, during the                   information about landings and                        National Oceanic and Atmospheric
                                                remainder of the January 2017 subquota                  availability of fish and other conditions             Administration
                                                period, whether a vessel fishing under                  outside the agency’s control that then
                                                the General category limit takes a two-                 require immediate action to be effective              50 CFR Part 679
                                                day trip or makes two trips in one day,                 on the fishing grounds and thus                       [Docket No. 160920866–7167–02]
                                                the day/trip limit of one fish applies and              efficiently manage the fishery. Daily
                                                may not be exceeded upon landing. This                                                                        RIN 0648–XF268
                                                                                                        landings rates increased substantially
                                                General category retention limit is                     the week of February 20, 2017, pushing                Fisheries of the Exclusive Economic
                                                effective in all areas, except for the Gulf
                                                                                                        total landings toward the available 41-               Zone Off Alaska; Pacific Cod by
                                                of Mexico, where NMFS prohibits
                                                targeted fishing for BFT, and applies to                mt quota. This information became                     Catcher/Processors Using Trawl Gear
                                                those vessels permitted in the General                  available on February 24, 2017. NMFS                  in the Western Regulatory Area of the
                                                category, as well as to those HMS                       could not effectively react to these                  Gulf of Alaska
                                                Charter/Headboat permitted vessels                      landings data if, in implementing the
                                                                                                                                                              AGENCY:  National Marine Fisheries
                                                fishing commercially for BFT.                           retention limit, it allowed a public
                                                                                                                                                              Service (NMFS), National Oceanic and
                                                                                                        comment period, which would preclude
                                                Monitoring and Reporting                                                                                      Atmospheric Administration (NOAA),
                                                                                                        fishermen from harvesting BFT that are
                                                                                                                                                              Commerce.
                                                   NMFS will continue to monitor the                    legally available consistent with all of
                                                BFT fishery closely. Dealers are required                                                                     ACTION: Temporary rule; modification of
                                                                                                        the regulatory criteria.
                                                to submit landing reports within 24                                                                           a closure.
                                                                                                           Delays in adjusting the retention limit
                                                hours of a dealer receiving BFT.                                                                              SUMMARY:    NMFS is opening directed
                                                                                                        may result in the available quota being
                                                General, HMS Charter/Headboat,                                                                                fishing for Pacific cod by catcher/
                                                Harpoon, and Angling category vessel                    exceeded and NMFS needing to close
                                                                                                        the fishery earlier than otherwise would              processors using trawl gear in the
                                                owners are required to report the catch                                                                       Western Regulatory Area of the Gulf of
                                                of all BFT retained or discarded dead,                  be necessary under a lower limit. This
                                                                                                        could adversely affect those General and              Alaska (GOA). This action is necessary
                                                within 24 hours of the landing(s) or end                                                                      to fully use the A season allowance of
                                                of each trip, by accessing                              HMS Charter/Headboat category vessels
                                                                                                        that would otherwise have an                          the 2017 total allowable catch
                                                hmspermits.noaa.gov or by using the                                                                           apportioned to catcher/processors using
                                                Android or iPhone app. Depending on                     opportunity to harvest BFT under
                                                                                                                                                              trawl gear in the Western Regulatory
                                                the level of fishing effort and catch rates             retention limits set in response to the
                                                                                                                                                              Area of the GOA.
                                                of BFT, NMFS may determine that                         most recent data available. Limited
                                                additional action (i.e., quota and/or                                                                         DATES: Effective 1200 hours, Alaska
                                                                                                        opportunities to harvest the respective
                                                daily retention limit adjustment, or                    quotas may have negative social and                   local time (A.l.t.), March 4, 2017,
                                                closure) is necessary to ensure available                                                                     through 1200 hours, A.l.t., June 10,
                                                                                                        economic impacts for U.S. fishermen
                                                quota is not exceeded or to enhance                                                                           2017. Comments must be received at the
                                                                                                        that depend upon catching the available
                                                scientific data collection from, and                                                                          following address no later than 4:30
                                                                                                        quota within the time periods
                                                fishing opportunities in, all geographic                                                                      p.m., A.l.t., March 17, 2017.
                                                                                                        designated in the 2006 Consolidated
                                                areas. If needed, subsequent                                                                                  ADDRESSES: You may submit comments
                                                                                                        HMS FMP, as amended. Adjustment of
                                                adjustments will be published in the                                                                          on this document, identified by NOAA–
                                                                                                        the retention limit needs to be effective
                                                Federal Register. In addition, fishermen                                                                      NMFS–2016–0127, by any of the
                                                                                                        as soon as possible to extend fishing
                                                may call the Atlantic Tunas Information                                                                       following methods:
                                                                                                        opportunities for fishermen in                           • Electronic Submission: Submit all
                                                Line at (978) 281–9260, or access
                                                                                                        geographic areas with access to the                   electronic public comments via the
                                                hmspermits.noaa.gov, for updates on
                                                                                                        fishery only during this time period.                 Federal e-Rulemaking Portal. Go to
                                                quota monitoring and inseason
                                                                                                        Therefore, the AA finds good cause                    www.regulations.gov/
                                                adjustments.
                                                                                                        under 5 U.S.C. 553(b)(B) to waive prior               #!docketDetail;D=NOAA-NMFS-2016-
                                                Classification                                          notice and the opportunity for public                 0127, click the ‘‘Comment Now!’’ icon,
                                                  The Assistant Administrator for                       comment. For these reasons, there also                complete the required fields, and enter
                                                NMFS (AA) finds that it is impracticable                is good cause under 5 U.S.C. 553(d) to                or attach your comments.
                                                and contrary to the public interest to                  waive the 30-day delay in effectiveness.                 • Mail: Submit written comments to
                                                provide prior notice of, and an                            This action is being taken under                   Glenn Merrill, Assistant Regional
                                                opportunity for public comment on, this                 §§ 635.23(a)(4) and 635.27(a)(9), and is              Administrator, Sustainable Fisheries
                                                action for the following reasons:                       exempt from review under Executive                    Division, Alaska Region NMFS, Attn:
                                                  The regulations implementing the                                                                            Ellen Sebastian. Mail comments to P.O.
                                                                                                        Order 12866.
                                                2006 Consolidated HMS FMP and                                                                                 Box 21668, Juneau, AK 99802–1668.
                                                amendments provide for inseason                            Authority: 16 U.S.C. 971 et seq. and 1801             Instructions: Comments sent by any
                                                retention limit adjustments to respond                  et seq.                                               other method, to any other address or
                                                to the unpredictable nature of BFT                        Dated: March 2, 2017.                               individual, or received after the end of
                                                availability on the fishing grounds, the                Emily D. Menashes,                                    the comment period, may not be
                                                migratory nature of this species, and the                                                                     considered by NMFS. All comments
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        Acting Director, Office of Sustainable
                                                regional variations in the BFT fishery.                                                                       received are a part of the public record
                                                                                                        Fisheries, National Marine Fisheries Service.
                                                Affording prior notice and opportunity                                                                        and will generally be posted for public
                                                                                                        [FR Doc. 2017–04439 Filed 3–2–17; 4:15 pm]
                                                for public comment to implement the                                                                           viewing on www.regulations.gov
                                                quota transfer and daily retention limit                BILLING CODE 3510–22–P                                without change. All personal identifying
                                                for the remainder of the January 2017                                                                         information (e.g., name, address),
                                                subquota period at this time is                                                                               confidential business information, or
                                                impracticable. NMFS could not have                                                                            otherwise sensitive information


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Document Created: 2018-02-01 14:49:21
Document Modified: 2018-02-01 14:49:21
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 March 2, 2017 through March 31, 2017. The General category retention limit adjustment is effective March 5, 2017, through March 31, 2017.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation82 FR 12747 
RIN Number0648-XF25

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