82 FR 38853 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 157 (August 16, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 157 (August 16, 2017)
| Page Range | 38853-38855 | |
| FR Document | 2017-17266 |
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)] [Rules and Regulations] [Pages 38853-38855] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17266] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF606 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 quota transfer. ----------------------------------------------------------------------- SUMMARY: NMFS is transferring 30 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Harpoon category. With this transfer, the adjusted Harpoon category quota for the 2017 fishing season is 68.6 mt. The 2017 Harpoon category fishery is open until November 15, 2017, or until the Harpoon category quota is reached, whichever comes first. The action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas Harpoon category (commercial) permitted vessels. DATES: Effective August 11, 2017 through November 15, 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 [[Page 38854]] reasonable opportunity to harvest the ICCAT-recommended quota. The base quotas for the Harpoon category and Reserve category are 38.6 mt and 24.8 mt, respectively. See Sec. 635.27(a). To date for 2017, NMFS has published two actions that have adjusted the available 2017 Reserve category quota, which currently is 78 mt (82 FR 12296, March 2, 2017, and 82 FR 12747, March 7, 2017). The 2017 Harpoon category fishery opened June 1 and is open through November 15, 2017, or until the Harpoon category quota is reached, whichever comes first. 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 provided under Sec. 635.27(a)(8). NMFS has considered the relevant determination criteria and their applicability to the Harpoon category fishery. 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 Harpoon category fishermen and provided by BFT dealers continue to provide valuable data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. Additional opportunity to land BFT in the Harpoon 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 Harpoon category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made (Sec. 635.27(a)(8)(ii) and (ix)). As of August 7, 2017, the Harpoon category has landed 35.0 mt. Commercial-size BFT are currently readily available to vessels fishing under the Harpoon category quota. Without a quota transfer at this time, Harpoon category participants would have to stop BFT fishing activities with very short notice, while commercial-sized BFT remain available in the areas Harpoon category permitted vessels operate. Transferring 30 mt of BFT quota from the Reserve category would result in a total of 68.6 mt being available for the Harpoon category for the 2017 Harpoon category fishing season. Regarding the projected ability of the vessels fishing under the particular category quota (here, the Harpoon category) to harvest the additional amount of BFT before the end of the fishing year (Sec. 635.27(a)(8)(iii)), NMFS considered Harpoon category landings over the last several years. Landings are highly variable and depend on access to commercial-sized BFT and fishing conditions, among other factors. NMFS anticipates that the Harpoon category could harvest the transferred 30.0 mt prior to the end of the Harpoon category season, subject to weather conditions and BFT availability. NMFS may transfer unused Harpoon category quota to other quota categories, as appropriate. 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. 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. 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. 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 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)). Based on the considerations above, NMFS is transferring 30.0 mt of the available 78 mt of Reserve category quota to the Harpoon category. Therefore, NMFS adjusts the Harpoon category quota to 68.6 mt for the 2017 Harpoon category fishing season (i.e., through November 15, 2017, or until the Harpoon category quota is reached, whichever comes first), and adjusts the Reserve category quota to 48.0 mt. 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. Harpoon 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 HMS Catch Reporting 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 for the remainder of 2017 is impracticable and contrary to the public interest as such a delay would likely result in closure of the Harpoon fishery when the base quota is met and the need to re-open the fishery, with attendant administrative costs and costs to the fishery. The delay would preclude the fishery from harvesting BFT that are available on the fishing grounds and that might otherwise become unavailable during a delay. 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. [[Page 38855]] This action is being taken under Sec. 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: August 10, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-17266 Filed 8-11-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 38853
challenges to the rule’s underlying V. Paperwork Reduction Act DEPARTMENT OF COMMERCE
premise or approach; or (2) why the
direct final rule will be ineffective or The rule does not contain any National Oceanic and Atmospheric
unacceptable without a change. In information collection requirements that Administration
determining whether a comment require the approval of the Office of
necessitates withdrawal of this direct Management and Budget under the 50 CFR Part 635
final rule, NASA will consider whether Paperwork Reduction Act (44 U.S.C.
[Docket No. 150121066–5717–02]
it warrants a substantive response in a chapter 35).
notice and comment process. RIN 0648–XF606
List of Subjects in 48 CFR Part 1852
II. Publication of This Final Rule for
Atlantic Highly Migratory Species;
Public Comment Is Not Required by Government Procurement.
Atlantic Bluefin Tuna Fisheries
Statute
Manuel Quinones,
Publication of proposed regulations’’, AGENCY: National Marine Fisheries
NASA FAR Supplement Manager. Service (NMFS), National Oceanic and
41 U.S.C. 1707, is the statute which
applies to the publication of the Federal Accordingly, 48 CFR part 1852 is Atmospheric Administration (NOAA),
Acquisition Regulation. Paragraph (a)(1) amended as follows: Commerce.
of the statute requires that a ACTION: Temporary rule; inseason quota
procurement policy, regulation, PART 1852—SOLICITATION transfer.
procedure or form (including an PROVISIONS AND CONTRACT
amendment or modification thereof) CLAUSES SUMMARY: NMFS is transferring 30
must be published for public comment metric tons (mt) of Atlantic bluefin tuna
if it relates to the expenditure of (BFT) quota from the Reserve category
■ 1. The authority citation for part 1852
appropriated funds, and has either a to the Harpoon category. With this
continues to read as follows: transfer, the adjusted Harpoon category
significant effect beyond the internal
operating procedures of the agency Authority: 51 U.S.C. 20113(a) and 48 CFR quota for the 2017 fishing season is 68.6
issuing the policy, regulation, procedure chapter 1. mt. The 2017 Harpoon category fishery
or form, or has a significant cost or is open until November 15, 2017, or
1852.215–77 [Amended] until the Harpoon category quota is
administrative impact on contractors or
offerors. This direct final rule is not ■ 2. Amend section 1852.215–77 by reached, whichever comes first. The
required to be published for public removing from paragraph (e) last action is based on consideration of the
comment because it makes sentence, the words ‘‘using the NAIS regulatory determination criteria
nonsubstantive changes to Agency Electronic Posting System’’. regarding inseason adjustments, and
regulations. It merely removes from the applies to Atlantic tunas Harpoon
NASA FAR Supplement a reference to 1852.245–82 [Amended] category (commercial) permitted
the NASA Acquisition Information vessels.
System (NAIS) posting system and ■ 3. Amend section 1852.245–82 by—
DATES: Effective August 11, 2017
updates titles to agency-level directives. ■ a. Revising the title and date of the through November 15, 2017.
clause; FOR FURTHER INFORMATION CONTACT:
III. Executive Orders 12866 and 13563
■ b. Removing in paragraph (a)(1) ‘‘NPD Sarah McLaughlin or Brad McHale,
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs 8800.14, Policy for Real Property 978–281–9260.
and benefits of available regulatory Management’’ and adding ‘‘NPD SUPPLEMENTARY INFORMATION:
alternatives and, if regulation is 8800.14, Policy for Real Estate Regulations implemented under the
necessary, to select regulatory Management’’ in its place; and authority of the Atlantic Tunas
approaches that maximize net benefits ■ c. Removing in paragraph (a)(2) ‘‘NPD Convention Act (ATCA; 16 U.S.C. 971 et
(including potential economic, 8831.2, Facility Maintenance seq.) and the Magnuson-Stevens Fishery
environmental, public health, and safety Management’’ and adding ‘‘NPD 8831.2, Conservation and Management Act
effects, distributive impacts, and Facilities Maintenance and Operations (Magnuson-Stevens Act; 16 U.S.C. 1801
equity). E.O. 13563 emphasizes the Management’’ in its place. et seq.) governing the harvest of BFT by
importance of quantifying both costs persons and vessels subject to U.S.
The revision reads as follows: jurisdiction are found at 50 CFR part
and benefits, of reducing costs, of
harmonizing rules, and of promoting 1852.245–82 Occupancy management 635. Section 635.27 subdivides the U.S.
flexibility. This is not a significant requirements. BFT quota recommended by the
regulatory action and, therefore, was not International Commission for the
* * * * * Conservation of Atlantic Tunas (ICCAT)
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and Occupancy Management Requirements and as implemented by the United
Review, dated September 30, 1993. This (September 15, 2017) States among the various domestic
rule is not a major rule under 5 U.S.C. * * * * * fishing categories, per the allocations
804. [FR Doc. 2017–16962 Filed 8–15–17; 8:45 am] established in the 2006 Consolidated
BILLING CODE 7510–13–P
Highly Migratory Species Fishery
IV. Regulatory Flexibility Act Management Plan (2006 Consolidated
pmangrum on DSK3GDR082PROD with RULES
The Regulatory Flexibility Act does HMS FMP) (71 FR 58058, October 2,
not apply to this rule because this final 2006), as amended by Amendment 7 to
rule does not constitute a significant the 2006 Consolidated HMS FMP
NFS revision within the meaning of (Amendment 7) (79 FR 71510, December
FAR 1.501–1 and 41 U.S.C. 1707 and 2, 2014). NMFS is required under ATCA
therefore does not require publication and the Magnuson-Stevens Act to
for public comment. provide U.S. fishing vessels with a
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![Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 38855
This action is being taken under Authority: 16 U.S.C. 971 et seq. and 1801 Dated: August 10, 2017.
§ 635.27(a)(9), and is exempt from et seq. Emily H. Menashes,
review under Executive Order 12866. Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–17266 Filed 8–11–17; 4:15 pm]
BILLING CODE 3510–22–P
pmangrum on DSK3GDR082PROD with RULES
VerDate Sep<11>2014 14:37 Aug 15, 2017 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 E:\FR\FM\16AUR1.SGM 16AUR1](https://thefederalregister.org/doc/82_FR_39010/page/3.svg)
Document Created: 2017-08-16 10:26:56
Document Modified: 2017-08-16 10:26:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; inseason quota transfer. | |
| Dates | Effective August 11, 2017 through November 15, 2017. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 82 FR 38853 | |
| RIN Number | 0648-XF60 |
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