82_FR_22710 82 FR 22616 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

82 FR 22616 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range22616-22618
FR Document2017-10006

NMFS is adjusting the Atlantic bluefin tuna (BFT) General category daily retention limit from the default limit of one large medium or giant BFT to four large medium or giant BFT for June 1 through August 31, 2017. 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 94 (Wednesday, May 17, 2017)
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Rules and Regulations]
[Pages 22616-22618]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10006]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF413


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; inseason General category retention limit 
adjustment.

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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General 
category daily retention limit from the default limit of one large 
medium or giant BFT to four large medium or giant BFT for June 1 
through August 31, 2017. This action is based on consideration of the 
regulatory determination criteria regarding inseason adjustments, and 
applies to Atlantic Tunas General category (commercial) permitted 
vessels and Highly Migratory Species (HMS) Charter/Headboat category 
permitted vessels when fishing commercially for BFT.

DATES: Effective June 1, 2017, through August 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) among the various domestic fishing categories, per the 
allocations established in the 2006 Consolidated Atlantic Highly 
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) 
(71 FR 58058, October 2, 2006) and amendments, and in accordance with 
implementing regulations. NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable 
opportunity to harvest the ICCAT-recommended quota.
    The currently codified baseline U.S. quota is 1,058.9 mt (not 
including the 25 mt ICCAT allocated to the United States to account for 
bycatch of BFT in pelagic longline fisheries in the Northeast Distant 
Gear Restricted Area). See Sec.  635.27(a). The currently codified 
General category quota is 466.7 mt. Each of the General category time 
periods (``January,'' June through August, September, October through 
November, and December) is allocated a portion of the annual General 
category quota. The codified June through August subquota is 233.3 mt.

Adjustment of General Category Daily Retention Limit

    Unless changed, the General category daily retention limit starting 
on June 1 would be the default retention limit of one large medium or 
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) per vessel per day/trip (Sec.  635.23(a)(2)). This default 
retention limit would apply to General category permitted vessels and 
to HMS Charter/Headboat category permitted vessels when fishing 
commercially for BFT. For the 2016 fishing year, NMFS adjusted the 
daily retention limit from the default level of one large medium or 
giant BFT to three large medium or giant BFT for the January subquota 
period (80 FR 77264, December 14, 2015), which closed effective March 
29, 2016 (the regulations allow the General category fishery under the 
``January'' subquota to continue until the subquota is reached, or 
March 31, whichever comes first); five large medium or giant BFT for 
the June through August subquota period (81 FR 29501, May 12, 2016) as 
well as for September 1 through October 8, 2016 (81 FR 59153, August 
29, 2016); four large medium or giant BFT for October 9 through October 
16, 2016 (81 FR 70369, October 12, 2016); and two large medium or giant 
BFT for October 17 through December 31, 2016 (81 FR 71639, October 18, 
2016). NMFS closed the 2016 General category fishery effective November 
4, 2016 (81 FR 76874, November 4, 2016). NMFS adjusted the daily 
retention limit for the 2017 January subquota period from the default 
level of one large medium or giant BFT to three large medium or giant 
BFT in the same action as the 16.3-mt transfer from the December 2016 
subquota period to the January 2016 subquota period (81 FR 91873, 
December 19, 2016), and closed the January 2017 fishery on March 29 (82 
FR 16136, April 3, 2017).
    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). NMFS has considered these 
criteria and their applicability to the General category BFT retention 
limit for June through August 2017. These considerations include, but 
are not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(8)(i)), biological samples 
collected from BFT landed by General category fishermen and provided by 
BFT dealers continue to provide NMFS with valuable data for ongoing 
scientific studies of BFT age and growth, migration, and reproductive 
status. Additional opportunity to land BFT would support the collection 
of a broad range of data for these studies and for stock monitoring 
purposes.
    NMFS also considered the catches of the General category quota to 
date (including during the fall and 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)). Commercial-size BFT are 
anticipated to migrate to the fishing grounds off the northeast U.S. 
coast by early June. Based on General category

[[Page 22617]]

landings rates during the June through August time period over the last 
several years, it is highly unlikely that the June through August 
subquota will be filled with the default daily retention limit of one 
BFT per vessel. During the June-August 2015 period, under a four-fish 
limit, landings were approximately 205 mt (88 percent of the 233.3-mt 
subquota). For the entire 2015 fishing year, 138 percent and 95 percent 
of the baseline and adjusted General category quota was filled, 
respectively. In the June-August 2016 period, under a five-fish limit, 
landings were approximately 298.5 mt (128 percent of the subquota). For 
the entire 2016 fishing year, 161 percent and 111 percent of the 
baseline and adjusted General category quota was filled, respectively. 
See below for description of quota transfers to the General category 
for 2016 and 2017.
    NMFS also considered the effects of the adjustment on BFT 
rebuilding and overfishing and the effects of the adjustment on 
accomplishing the objectives of the FMP (Sec.  635.27(a)(8)(v) and 
(vi)). The adjusted retention limit would be consistent with the quotas 
established and analyzed in the BFT quota final rule (80 FR 52198, 
August 28, 2015), and with objectives of the 2006 Consolidated HMS FMP 
and amendments, and is not expected to negatively impact stock health 
or to affect the stock in ways not already analyzed in those documents. 
It is also important that NMFS limit landings to the subquotas both to 
adhere to the FMP quota allocations and to ensure that landings are as 
consistent as possible with the pattern of fishing mortality (e.g., 
fish caught at each age) that was assumed in the projections of stock 
rebuilding.
    Another principal consideration in setting the retention limit is 
the objective of providing opportunities to harvest the full General 
category quota without exceeding it based on the goals of the 2006 
Consolidated HMS FMP and amendments, 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)). Adjustment of the retention limit is also 
supported by the Environmental Analysis for the 2011 final rule 
regarding General and Harpoon category management measures, which 
increased the General category maximum daily retention limit from three 
to five fish.
    Despite elevated General category limits, the vast majority of 
successful trips (i.e., General or Charter/Headboat trips on which at 
least one BFT is landed under General category quota) land only one or 
two BFT. For instance, the landings data for 2016 show that, under the 
five-fish limit that applied June 1 through October 8, the proportion 
of trips that landed one, two, three, or four bluefin tuna was as 
follows: 75 percent landed one; 15 percent landed two; 5 percent landed 
three; 3 percent landed four; and 2 percent landed five. In the last 
few years, NMFS has received some comment that a high daily retention 
limit (specifically five fish) is needed to optimize General category 
fishing opportunities and account for seasonal distributions by 
enabling vessels to make overnight trips to distant fishing grounds. 
NMFS also has received some comment that a lower limit is to increase 
the likelihood that opportunities will extend through the end of the 
calendar year, as well as for improved market conditions.
    NMFS anticipates that some underharvest of the 2016 adjusted U.S. 
BFT quota will be carried forward to 2017 to the Reserve category, in 
accordance with the regulations, this summer (i.e., when complete BFT 
catch information for 2016 is available and finalized). This makes it 
likely that General category quota will remain available through the 
end of 2017 for December fishery participants, despite the transfer of 
16.3 mt from the 24.3-mt General category December 2017 subquota period 
to the January 2017 period (81 FR 91873, December 19, 2016). 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. NMFS transferred 125 mt from the Reserve 
category (81 FR 70369, October 12, 2016) and later transferred another 
85 mt (18 mt from the Harpoon category and 67 mt from the Reserve 
category) (81 FR 71639, October 18, 2016). Although NMFS closed the 
2016 General category fishery effective November 4 to prevent further 
overharvest of the adjusted General category quota, 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 and amount of quota transfers (based on consideration 
of the determination criteria regarding inseason adjustments), as 
practicable.
    A limit lower than four fish could result in unused quota being 
rolled forward to the subsequent subquota time period in the General 
category season. Increasing the daily retention limit from the default 
may prevent rolling an excessive amount of unused quota forward from 
one subquota time period to the next. Increasing the daily retention 
limit to four fish will increase the likelihood that the General 
category BFT landings will approach, but not exceed, the annual quota, 
as well as increase the opportunity for catching BFT during the June 
through August subquota period. Increasing opportunity within each 
subquota period is also important because of the migratory nature and 
seasonal distribution of BFT. In a particular geographic region, or 
waters accessible from a particular port, the amount of fishing 
opportunity for BFT may be constrained by the short amount of time the 
BFT are present.
    Based on these considerations, NMFS has determined that a four-fish 
General category retention limit is warranted for the June-August 2017 
subquota period. It would provide a reasonable opportunity to harvest 
the full U.S. BFT quota (including the expected increase in available 
2017 quota based on 2016 underharvest), without exceeding it, while 
maintaining an equitable distribution of fishing opportunities; help 
optimize the ability of the General category to harvest its full quota; 
allow the collection of a broad range of data for stock monitoring 
purposes; and be consistent with the objectives of the 2006 
Consolidated HMS FMP and amendments. Therefore, NMFS increases the 
General category retention limit from the default limit (one) to four 
large medium or giant BFT per vessel per day/trip, effective June 1, 
2017, through August 31, 2017.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example (and specific to the June 
through August 2017 limit), whether a vessel fishing under the General 
category limit takes a two-day trip or makes two trips in one day, the 
daily limit of four fish may not be exceeded upon landing. This General 
category retention limit is effective in all areas, except for the Gulf 
of Mexico, where NMFS prohibits targeting fishing for BFT, and applies 
to those vessels permitted in the General category, as well as to those 
HMS Charter/Headboat permitted vessels fishing commercially for BFT.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
receiving BFT. General and HMS Charter/Headboat 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

[[Page 22618]]

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 adjustments are 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. The timing of this rulemaking will allow approximately 
two weeks' prior notice to the regulated community. Affording 
additional prior notice and an opportunity for public comment on the 
change in the daily retention limit from the default level for the June 
through August 2017 subquota period would be impracticable. Based on 
available BFT quotas, fishery performance in recent years, and the 
availability of BFT on the fishing grounds, responsive adjustment to 
the General category BFT daily retention limit from the default level 
is warranted to allow fishermen to take advantage of availability of 
fish and of quota. NMFS could not have proposed these actions earlier, 
as it needed to consider and respond to updated data and information 
about fishery conditions and this year's landings. If NMFS was to offer 
a public comment period now, after having appropriately considered that 
data, it would preclude fishermen from harvesting BFT that are legally 
available consistent with all of the regulatory criteria, and/or could 
result in selection of a retention limit inappropriate to the amount of 
quota available for the period.
    Fisheries under the General category daily retention limit will 
commence on June 1 and thus prior notice would be contrary to the 
public interest. Delays in increasing these retention limits would 
adversely affect those General and Charter/Headboat category vessels 
that would otherwise have an opportunity to harvest more than the 
default retention limit of one BFT per day/trip and may result in low 
catch rates and quota rollovers. Analysis of available data shows that 
adjustment to the BFT daily retention limit from the default level 
would result in minimal risks of exceeding the ICCAT-allocated quota. 
NMFS provides notification of retention limit adjustments by publishing 
the notice in the Federal Register, emailing individuals who have 
subscribed to the Atlantic HMS News electronic newsletter, and updating 
the information posted on the Atlantic Tunas Information Line and on 
hmspermits.noaa.gov. With quota available and fish available on the 
grounds, and with no measurable impacts to the stock, it would be 
contrary to the public interest to require vessels to wait to harvest 
the fish allowed through this action. Therefore, the AA finds good 
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment.
    Adjustment of the General category retention limit needs to be 
effective June 1, 2017, or as soon as possible thereafter, to minimize 
any unnecessary disruption in fishing patterns, to allow the impacted 
sectors to benefit from the adjustment, and to not preclude fishing 
opportunities for fishermen in geographic areas with access to the 
fishery only during this time period. Foregoing opportunities to 
harvest the respective quotas may have negative social and economic 
impacts for U.S. fishermen that depend upon catching the available 
quota within the time periods designated in the 2006 Consolidated HMS 
FMP and amendments. Therefore, the AA finds there is also good cause 
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec.  635.23(a)(4) and is exempt 
from review under Executive Order 12866.

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

    Dated: May 12, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-10006 Filed 5-16-17; 8:45 am]
 BILLING CODE 3510-22-P



                                             22616             Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Rules and Regulations

                                             public comment pursuant to the                          vessels when fishing commercially for                 January subquota period (80 FR 77264,
                                             authority set forth in 5 U.S.C. 553(b)(B),              BFT.                                                  December 14, 2015), which closed
                                             as such procedures would be                             DATES: Effective June 1, 2017, through                effective March 29, 2016 (the
                                             unnecessary and contrary to the public                  August 31, 2017.                                      regulations allow the General category
                                             interest. Such procedures are                                                                                 fishery under the ‘‘January’’ subquota to
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             unnecessary because the rule                                                                                  continue until the subquota is reached,
                                                                                                     Sarah McLaughlin or Brad McHale,
                                             implementing the AM has been subject                                                                          or March 31, whichever comes first);
                                                                                                     978–281–9260.
                                             to notice and comment, and all that                                                                           five large medium or giant BFT for the
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             remains is to notify the public of the                                                                        June through August subquota period
                                                                                                     Regulations implemented under the                     (81 FR 29501, May 12, 2016) as well as
                                             closure. Prior notice and opportunity for
                                                                                                     authority of the Atlantic Tunas                       for September 1 through October 8, 2016
                                             public comment on this action are
                                                                                                     Convention Act (ATCA; 16 U.S.C. 971 et                (81 FR 59153, August 29, 2016); four
                                             contrary to the public interest because
                                                                                                     seq.) and the Magnuson-Stevens Fishery                large medium or giant BFT for October
                                             there is a need to immediately
                                                                                                     Conservation and Management Act                       9 through October 16, 2016 (81 FR
                                             implement this action to protect the
                                                                                                     (Magnuson-Stevens Act; 16 U.S.C. 1801                 70369, October 12, 2016); and two large
                                             vermilion snapper resource, as the
                                                                                                     et seq.) governing the harvest of BFT by              medium or giant BFT for October 17
                                             capacity of the fishing fleet allows for
                                                                                                     persons and vessels subject to U.S.                   through December 31, 2016 (81 FR
                                             rapid harvest of the commercial quota.
                                                                                                     jurisdiction are found at 50 CFR part                 71639, October 18, 2016). NMFS closed
                                             Prior notice and opportunity for public
                                                                                                     635. Section 635.27 subdivides the U.S.               the 2016 General category fishery
                                             comment would require time and could
                                                                                                     BFT quota recommended by the                          effective November 4, 2016 (81 FR
                                             result in a harvest well in excess of the
                                                                                                     International Commission for the                      76874, November 4, 2016). NMFS
                                             established commercial quota.
                                                                                                     Conservation of Atlantic Tunas (ICCAT)                adjusted the daily retention limit for the
                                               For the aforementioned reasons, the
                                                                                                     among the various domestic fishing                    2017 January subquota period from the
                                             AA also finds good cause to waive the
                                                                                                     categories, per the allocations                       default level of one large medium or
                                             30-day delay in the effectiveness of this
                                                                                                     established in the 2006 Consolidated                  giant BFT to three large medium or giant
                                             action under 5 U.S.C. 553(d)(3).
                                                                                                     Atlantic Highly Migratory Species                     BFT in the same action as the 16.3-mt
                                                Authority: 16 U.S.C. 1801 et seq.                    Fishery Management Plan (2006                         transfer from the December 2016
                                               Dated: May 12, 2017.                                  Consolidated HMS FMP) (71 FR 58058,                   subquota period to the January 2016
                                             Karen H. Abrams,                                        October 2, 2006) and amendments, and                  subquota period (81 FR 91873,
                                             Acting Deputy Director, Office of Sustainable           in accordance with implementing                       December 19, 2016), and closed the
                                             Fisheries, National Marine Fisheries Service.           regulations. NMFS is required under                   January 2017 fishery on March 29 (82
                                             [FR Doc. 2017–09999 Filed 5–12–17; 4:15 pm]             ATCA and the Magnuson-Stevens Act to                  FR 16136, April 3, 2017).
                                             BILLING CODE 3510–22–P
                                                                                                     provide U.S. fishing vessels with a                      Under § 635.23(a)(4), NMFS may
                                                                                                     reasonable opportunity to harvest the                 increase or decrease the daily retention
                                                                                                     ICCAT-recommended quota.                              limit of large medium and giant BFT
                                             DEPARTMENT OF COMMERCE                                     The currently codified baseline U.S.               over a range of zero to a maximum of
                                                                                                     quota is 1,058.9 mt (not including the 25             five per vessel based on consideration of
                                             National Oceanic and Atmospheric                        mt ICCAT allocated to the United States               the relevant criteria provided under
                                             Administration                                          to account for bycatch of BFT in pelagic              § 635.27(a)(8). NMFS has considered
                                                                                                     longline fisheries in the Northeast                   these criteria and their applicability to
                                             50 CFR Part 635                                         Distant Gear Restricted Area). See                    the General category BFT retention limit
                                                                                                     § 635.27(a). The currently codified                   for June through August 2017. These
                                             [Docket No. 150121066–5717–02]                          General category quota is 466.7 mt. Each              considerations include, but are not
                                                                                                     of the General category time periods                  limited to, the following:
                                             RIN 0648–XF413
                                                                                                     (‘‘January,’’ June through August,                       Regarding the usefulness of
                                             Atlantic Highly Migratory Species;                      September, October through November,                  information obtained from catches in
                                             Atlantic Bluefin Tuna Fisheries                         and December) is allocated a portion of               the particular category for biological
                                                                                                     the annual General category quota. The                sampling and monitoring of the status of
                                             AGENCY:  National Marine Fisheries                      codified June through August subquota                 the stock (§ 635.27(a)(8)(i)), biological
                                             Service (NMFS), National Oceanic and                    is 233.3 mt.                                          samples collected from BFT landed by
                                             Atmospheric Administration (NOAA),                                                                            General category fishermen and
                                             Commerce.                                               Adjustment of General Category Daily
                                                                                                                                                           provided by BFT dealers continue to
                                                                                                     Retention Limit
                                             ACTION: Temporary rule; inseason                                                                              provide NMFS with valuable data for
                                             General category retention limit                           Unless changed, the General category               ongoing scientific studies of BFT age
                                             adjustment.                                             daily retention limit starting on June 1              and growth, migration, and reproductive
                                                                                                     would be the default retention limit of               status. Additional opportunity to land
                                             SUMMARY:   NMFS is adjusting the                        one large medium or giant BFT                         BFT would support the collection of a
                                             Atlantic bluefin tuna (BFT) General                     (measuring 73 inches (185 cm) curved                  broad range of data for these studies and
                                             category daily retention limit from the                 fork length (CFL) or greater) per vessel              for stock monitoring purposes.
                                             default limit of one large medium or                    per day/trip (§ 635.23(a)(2)). This                      NMFS also considered the catches of
                                             giant BFT to four large medium or giant                 default retention limit would apply to                the General category quota to date
                                             BFT for June 1 through August 31, 2017.                 General category permitted vessels and                (including during the fall and winter
                                             This action is based on consideration of                to HMS Charter/Headboat category                      fishery in the last several years), and the
nlaroche on DSK30NT082PROD with RULES




                                             the regulatory determination criteria                   permitted vessels when fishing                        likelihood of closure of that segment of
                                             regarding inseason adjustments, and                     commercially for BFT. For the 2016                    the fishery if no adjustment is made
                                             applies to Atlantic Tunas General                       fishing year, NMFS adjusted the daily                 (§ 635.27(a)(8)(ii)). Commercial-size BFT
                                             category (commercial) permitted vessels                 retention limit from the default level of             are anticipated to migrate to the fishing
                                             and Highly Migratory Species (HMS)                      one large medium or giant BFT to three                grounds off the northeast U.S. coast by
                                             Charter/Headboat category permitted                     large medium or giant BFT for the                     early June. Based on General category


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                                                               Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Rules and Regulations                                            22617

                                             landings rates during the June through                  land only one or two BFT. For instance,               rolling an excessive amount of unused
                                             August time period over the last several                the landings data for 2016 show that,                 quota forward from one subquota time
                                             years, it is highly unlikely that the June              under the five-fish limit that applied                period to the next. Increasing the daily
                                             through August subquota will be filled                  June 1 through October 8, the                         retention limit to four fish will increase
                                             with the default daily retention limit of               proportion of trips that landed one, two,             the likelihood that the General category
                                             one BFT per vessel. During the June–                    three, or four bluefin tuna was as                    BFT landings will approach, but not
                                             August 2015 period, under a four-fish                   follows: 75 percent landed one; 15                    exceed, the annual quota, as well as
                                             limit, landings were approximately 205                  percent landed two; 5 percent landed                  increase the opportunity for catching
                                             mt (88 percent of the 233.3-mt                          three; 3 percent landed four; and 2                   BFT during the June through August
                                             subquota). For the entire 2015 fishing                  percent landed five. In the last few                  subquota period. Increasing opportunity
                                             year, 138 percent and 95 percent of the                 years, NMFS has received some                         within each subquota period is also
                                             baseline and adjusted General category                  comment that a high daily retention                   important because of the migratory
                                             quota was filled, respectively. In the                  limit (specifically five fish) is needed to           nature and seasonal distribution of BFT.
                                             June–August 2016 period, under a five-                  optimize General category fishing                     In a particular geographic region, or
                                             fish limit, landings were approximately                 opportunities and account for seasonal                waters accessible from a particular port,
                                             298.5 mt (128 percent of the subquota).                 distributions by enabling vessels to                  the amount of fishing opportunity for
                                             For the entire 2016 fishing year, 161                   make overnight trips to distant fishing               BFT may be constrained by the short
                                             percent and 111 percent of the baseline                 grounds. NMFS also has received some                  amount of time the BFT are present.
                                             and adjusted General category quota                     comment that a lower limit is to                         Based on these considerations, NMFS
                                             was filled, respectively. See below for                 increase the likelihood that                          has determined that a four-fish General
                                             description of quota transfers to the                   opportunities will extend through the                 category retention limit is warranted for
                                             General category for 2016 and 2017.                     end of the calendar year, as well as for              the June–August 2017 subquota period.
                                                NMFS also considered the effects of                  improved market conditions.                           It would provide a reasonable
                                             the adjustment on BFT rebuilding and                       NMFS anticipates that some                         opportunity to harvest the full U.S. BFT
                                             overfishing and the effects of the                      underharvest of the 2016 adjusted U.S.                quota (including the expected increase
                                             adjustment on accomplishing the                         BFT quota will be carried forward to                  in available 2017 quota based on 2016
                                             objectives of the FMP (§ 635.27(a)(8)(v)                2017 to the Reserve category, in                      underharvest), without exceeding it,
                                             and (vi)). The adjusted retention limit                 accordance with the regulations, this                 while maintaining an equitable
                                             would be consistent with the quotas                     summer (i.e., when complete BFT catch                 distribution of fishing opportunities;
                                             established and analyzed in the BFT                     information for 2016 is available and                 help optimize the ability of the General
                                             quota final rule (80 FR 52198, August                   finalized). This makes it likely that                 category to harvest its full quota; allow
                                             28, 2015), and with objectives of the                   General category quota will remain                    the collection of a broad range of data
                                             2006 Consolidated HMS FMP and                           available through the end of 2017 for                 for stock monitoring purposes; and be
                                             amendments, and is not expected to                      December fishery participants, despite                consistent with the objectives of the
                                             negatively impact stock health or to                    the transfer of 16.3 mt from the 24.3-mt              2006 Consolidated HMS FMP and
                                             affect the stock in ways not already                    General category December 2017                        amendments. Therefore, NMFS
                                             analyzed in those documents. It is also                 subquota period to the January 2017                   increases the General category retention
                                             important that NMFS limit landings to                   period (81 FR 91873, December 19,                     limit from the default limit (one) to four
                                             the subquotas both to adhere to the FMP                 2016). General category landings were                 large medium or giant BFT per vessel
                                             quota allocations and to ensure that                    relatively high in the fall of 2016, due              per day/trip, effective June 1, 2017,
                                             landings are as consistent as possible                  to a combination of fish availability,                through August 31, 2017.
                                             with the pattern of fishing mortality                   favorable fishing conditions, and higher                 Regardless of the duration of a fishing
                                             (e.g., fish caught at each age) that was                daily retention limits. NMFS transferred              trip, the daily retention limit applies
                                             assumed in the projections of stock                     125 mt from the Reserve category (81 FR               upon landing. For example (and specific
                                             rebuilding.                                             70369, October 12, 2016) and later                    to the June through August 2017 limit),
                                                Another principal consideration in                   transferred another 85 mt (18 mt from                 whether a vessel fishing under the
                                             setting the retention limit is the                      the Harpoon category and 67 mt from                   General category limit takes a two-day
                                             objective of providing opportunities to                 the Reserve category) (81 FR 71639,                   trip or makes two trips in one day, the
                                             harvest the full General category quota                 October 18, 2016). Although NMFS                      daily limit of four fish may not be
                                             without exceeding it based on the goals                 closed the 2016 General category fishery              exceeded upon landing. This General
                                             of the 2006 Consolidated HMS FMP and                    effective November 4 to prevent further               category retention limit is effective in all
                                             amendments, including to achieve                        overharvest of the adjusted General                   areas, except for the Gulf of Mexico,
                                             optimum yield on a continuing basis                     category quota, NMFS anticipates that                 where NMFS prohibits targeting fishing
                                             and to optimize the ability of all permit               General category participants in all                  for BFT, and applies to those vessels
                                             categories to harvest their full BFT                    areas and time periods will have                      permitted in the General category, as
                                             quota allocations (related to                           opportunities to harvest the General                  well as to those HMS Charter/Headboat
                                             § 635.27(a)(8)(x)). Adjustment of the                   category quota in 2017, through active                permitted vessels fishing commercially
                                             retention limit is also supported by the                inseason management such as retention                 for BFT.
                                             Environmental Analysis for the 2011                     limit adjustments and/or the timing and
                                             final rule regarding General and                                                                              Monitoring and Reporting
                                                                                                     amount of quota transfers (based on
                                             Harpoon category management                             consideration of the determination                      NMFS will continue to monitor the
                                             measures, which increased the General                   criteria regarding inseason adjustments),             BFT fishery closely. Dealers are required
                                                                                                                                                           to submit landing reports within 24
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                                             category maximum daily retention limit                  as practicable.
                                             from three to five fish.                                   A limit lower than four fish could                 hours of a dealer receiving BFT. General
                                                Despite elevated General category                    result in unused quota being rolled                   and HMS Charter/Headboat vessel
                                             limits, the vast majority of successful                 forward to the subsequent subquota                    owners are required to report the catch
                                             trips (i.e., General or Charter/Headboat                time period in the General category                   of all BFT retained or discarded dead,
                                             trips on which at least one BFT is                      season. Increasing the daily retention                within 24 hours of the landing(s) or end
                                             landed under General category quota)                    limit from the default may prevent                    of each trip, by accessing


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                                             22618             Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Rules and Regulations

                                             hmspermits.noaa.gov or by using the                     fishing grounds, responsive adjustment                hmspermits.noaa.gov. With quota
                                             Android or iPhone app. Depending on                     to the General category BFT daily                     available and fish available on the
                                             the level of fishing effort and catch rates             retention limit from the default level is             grounds, and with no measurable
                                             of BFT, NMFS may determine that                         warranted to allow fishermen to take                  impacts to the stock, it would be
                                             additional adjustments are necessary to                 advantage of availability of fish and of              contrary to the public interest to require
                                             ensure available quota is not exceeded                  quota. NMFS could not have proposed                   vessels to wait to harvest the fish
                                             or to enhance scientific data collection                these actions earlier, as it needed to                allowed through this action. Therefore,
                                             from, and fishing opportunities in, all                 consider and respond to updated data                  the AA finds good cause under 5 U.S.C.
                                             geographic areas. If needed, subsequent                 and information about fishery                         553(b)(B) to waive prior notice and the
                                             adjustments will be published in the                    conditions and this year’s landings. If               opportunity for public comment.
                                             Federal Register. In addition, fishermen                NMFS was to offer a public comment                       Adjustment of the General category
                                             may call the Atlantic Tunas Information                 period now, after having appropriately                retention limit needs to be effective June
                                             Line at (978) 281–9260, or access                       considered that data, it would preclude               1, 2017, or as soon as possible
                                             hmspermits.noaa.gov, for updates on                     fishermen from harvesting BFT that are                thereafter, to minimize any unnecessary
                                             quota monitoring and inseason                           legally available consistent with all of              disruption in fishing patterns, to allow
                                             adjustments.                                            the regulatory criteria, and/or could                 the impacted sectors to benefit from the
                                                                                                     result in selection of a retention limit              adjustment, and to not preclude fishing
                                             Classification
                                                                                                     inappropriate to the amount of quota                  opportunities for fishermen in
                                               The Assistant Administrator for                       available for the period.                             geographic areas with access to the
                                             NMFS (AA) finds that it is impracticable                   Fisheries under the General category               fishery only during this time period.
                                             and contrary to the public interest to                  daily retention limit will commence on                Foregoing opportunities to harvest the
                                             provide prior notice of, and an                         June 1 and thus prior notice would be                 respective quotas may have negative
                                             opportunity for public comment on, this                 contrary to the public interest. Delays in            social and economic impacts for U.S.
                                             action for the following reasons:                       increasing these retention limits would               fishermen that depend upon catching
                                               The regulations implementing the                      adversely affect those General and                    the available quota within the time
                                             2006 Consolidated HMS FMP and                           Charter/Headboat category vessels that                periods designated in the 2006
                                             amendments provide for inseason                         would otherwise have an opportunity to                Consolidated HMS FMP and
                                             retention limit adjustments to respond                  harvest more than the default retention               amendments. Therefore, the AA finds
                                             to the unpredictable nature of BFT                      limit of one BFT per day/trip and may                 there is also good cause under 5 U.S.C.
                                             availability on the fishing grounds, the                result in low catch rates and quota                   553(d) to waive the 30-day delay in
                                             migratory nature of this species, and the               rollovers. Analysis of available data                 effectiveness.
                                             regional variations in the BFT fishery.                 shows that adjustment to the BFT daily                   This action is being taken under
                                             The timing of this rulemaking will allow                retention limit from the default level                § 635.23(a)(4) and is exempt from
                                             approximately two weeks’ prior notice                   would result in minimal risks of                      review under Executive Order 12866.
                                             to the regulated community. Affording                   exceeding the ICCAT-allocated quota.
                                                                                                                                                              Authority: 16 U.S.C. 971 et seq. and 1801
                                             additional prior notice and an                          NMFS provides notification of retention               et seq.
                                             opportunity for public comment on the                   limit adjustments by publishing the
                                             change in the daily retention limit from                notice in the Federal Register, emailing                Dated: May 12, 2017.
                                             the default level for the June through                  individuals who have subscribed to the                Karen H. Abrams,
                                             August 2017 subquota period would be                    Atlantic HMS News electronic                          Acting Deputy Director, Office of Sustainable
                                             impracticable. Based on available BFT                   newsletter, and updating the                          Fisheries, National Marine Fisheries Service.
                                             quotas, fishery performance in recent                   information posted on the Atlantic                    [FR Doc. 2017–10006 Filed 5–16–17; 8:45 am]
                                             years, and the availability of BFT on the               Tunas Information Line and on                         BILLING CODE 3510–22–P
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Document Created: 2017-05-17 01:42:07
Document Modified: 2017-05-17 01:42:07
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 retention limit adjustment.
DatesEffective June 1, 2017, through August 31, 2017.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation82 FR 22616 
RIN Number0648-XF41

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