82 FR 46000 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 190 (October 3, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 190 (October 3, 2017)
| Page Range | 46000-46002 | |
| FR Document | 2017-21209 |
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)] [Rules and Regulations] [Pages 46000-46002] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21209] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF724 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. ----------------------------------------------------------------------- SUMMARY: NMFS is transferring 156.4 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category for the remainder of the 2017 fishing year, to account for overharvests of the January, June through August, and September subquotas. This action is intended to preserve the opportunity for General category fishermen to participate in the October through November and December General category fisheries to the extent that transferrable quota is available and 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 September 28, 2017 through December 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, as established in the 2015 BFT quota final rule (80 FR 52198, August 28, 2015). 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 ``subquota'' or 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. The subquotas for each time period are as follows: 24.7 mt for January; 233.3 mt for June through August; 123.7 mt for September; 60.7 mt for October through November; and 24.3 mt for December. Any unused General category quota rolls forward within the fishing year, which coincides with the calendar year, from one time period to the next, and is available for use in subsequent time periods. On December 19, 2016, NMFS published an inseason action transferring 16.3 mt of BFT quota from the December 2017 subquota to the [[Page 46001]] January 2017 subquota period, resulting in a subquota of 41 mt for the January 2017 period and a subquota of 8 mt for the December 2017 period (81 FR 91873). For 2017, NMFS also transferred 40 mt from the Reserve to the General category effective March 2, resulting in an adjusted General category quota of 506.7 mt (82 FR 12747, March 7, 2017). The 2017 General category fishery is open until December 31, 2017, or until the General category quota is reached, whichever comes first. Prior to this action, the adjusted Reserve category quota was 156.4 mt, and was most recently adjusted in the action to augment the 2017 BFT Reserve category quota with available underharvest of the 2016 adjusted U.S. BFT quota (82 FR 43500, September 18, 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 the General category fishery. These considerations include, but are not limited to, the following: NMFS considered the catches of the General category quota to date (including during the summer/fall and winter fisheries 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) and (ix)). Preliminary landings data as of September 22, 2017, indicate that the General category has landed 596 mt this year, which exceeds the overall General category quota of 506.7 mt. NMFS closed the General category fishery when the September subquota (123.7 mt) was met, effective September 17, 2017 (82 FR 43711, September 19, 2017). Without a quota transfer at this time, the October through November and December General category subquotas would not be available to General category participants because the entire General category quota of 506.7 mt has been reached and exceeded. Approximately 81 percent (717.3 mt) of the total of the BFT subquotas for all commercial categories (888.7 mt, as published in the 2015 BFT quota final rule) has been harvested as of September 22, 2017, however, and NMFS anticipates that some amount of quota may remain unused by the end of the year even with the transfer. Absent a transfer at this time, this segment of the fishery would have to remain closed if no adjustment is made, even though NMFS anticipates that commercial-sized BFT will be readily available to vessels fishing under the General category quota when the General category fishery is scheduled to reopen on October 1, 2017. Transferring 156.4 mt of BFT quota from the Reserve category would allow this segment of the fishery to continue fishing and would result in a total of 663.1 mt being available to the General category for the 2017 General category fishing season. Regarding the projected ability of the vessels fishing under the particular category quota (here, the General category) to harvest the additional amount of BFT quota transferred before the end of the fishing year (Sec. 635.27(a)(8)(iii)), NMFS considered General category landings over the last several years and landings to date this year. Landings are highly variable and depend on access to commercial- sized BFT and fishing conditions, among other factors. A portion of the transferred quota covers overharvests in the category as prosecuted to date, and thus has already been harvested. For the remainder of the transferred quota, which make the remaining subquotas whole to the extent that transferrable quota is available, there is a high probability that the transferred quota will be harvested during the October through November and December time periods. 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 total 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 NMFS anticipates having sufficient quota to do that. 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 over the longest time-period allowable would support the collection of a broad range of data for these studies and for stock monitoring purposes. This transfer would be consistent with the current U.S. quota, which was established and analyzed in the 2015 BFT quota final rule, 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 all of the available 156.4 mt from the Reserve category to the General category with the objective of making the remaining subquotas whole. Therefore, NMFS adjusts the General category quota to 663.1 mt for the 2017 General category fishing season (i.e., through December 31, 2017, or until the General category quota is reached, whichever comes first), and adjusts the Reserve category quota to 0 mt. If necessary, NMFS will close the General category fishery for October through November and for December when the available subquotas for those time periods are reached. 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. Late reporting by dealers compromises NMFS' ability to timely implement actions such as quota and retention limit adjustment, as well as closures, and may result in enforcement actions. General and HMS Charter/Headboat 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 (e.g., quota adjustment or closure) is necessary to ensure available subquotas are 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. [[Page 46002]] NMFS reminds General category participants that when the fishery reopens October 1, 2017, the BFT General category daily retention limit will be one large medium or giant BFT (measuring 73'' or greater) per vessel per day/trip. 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 result in continued closure of the General category fishery (because the available quota has been met) and the need to re-open the fishery later in the October through November time period, rather than the fishery automatically re-opening on October 1. 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. This action is being taken under Sec. 635.27(a)(9) (Inseason adjustments) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: September 28, 2017. Emily Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-21209 Filed 9-28-17; 4:15 pm] BILLING CODE 3510-22-P
![46000 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
Dated: September 7, 2017. Authority: 42 U.S.C. 7401 et seq. § 52.1070 Identification of plan.
Cecil Rodrigues, * * * * *
Acting Regional Administrator, Region III. Subpart V—Maryland
(e) * * *
40 CFR part 52 is amended as follows:
■ 2. In § 52.1070, the table in paragraph
PART 52—APPROVAL AND (e) is amended by adding an entry for
PROMULGATION OF ‘‘2011 Base Year Inventory for the 2008
IMPLEMENTATION PLANS 8-Hour Ozone National Ambient Air
Quality Standard’’ at the end of the table
■ 1. The authority citation for part 52 to read as follows:
continues to read as follows:
EPA APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL
State Additional
Name of non-regulatory SIP revision Applicable geographic area EPA approval date
submittal date explanation
* * * * * * *
2011 Base Year Emissions Inventory for Baltimore, Maryland 2008 Ozone Mod- 12/30/2016 10/3/2017 [Insert See § 52.1075(r).
the 2008 8-Hour Ozone National Am- erate Nonattainment Area. Federal Register
bient Air Quality Standard. citation].
■ 3. Section 52.1075 is amended by ACTION: Temporary rule; inseason Conservation of Atlantic Tunas (ICCAT)
adding paragraph (r) to read as follows: General category bluefin tuna quota and as implemented by the United
transfer. States among the various domestic
§ 52.1075 Base year emissions inventory. fishing categories, per the allocations
* * * * * SUMMARY: NMFS is transferring 156.4 established in the 2006 Consolidated
(r) EPA approves as a revision to the metric tons (mt) of Atlantic bluefin tuna Highly Migratory Species Fishery
Maryland state implementation plan the (BFT) quota from the Reserve category Management Plan (2006 Consolidated
2011 base year emissions inventory for to the General category for the HMS FMP) (71 FR 58058, October 2,
the Baltimore, Maryland moderate remainder of the 2017 fishing year, to 2006), as amended by Amendment 7 to
nonattainment area for the 2008 8-hour account for overharvests of the January, the 2006 Consolidated HMS FMP
ozone national ambient air quality June through August, and September (Amendment 7) (79 FR 71510, December
standards submitted by the Maryland subquotas. This action is intended to 2, 2014). NMFS is required under ATCA
Department of the Environment on preserve the opportunity for General and the Magnuson-Stevens Act to
December 30, 2016. The 2011 base year category fishermen to participate in the provide U.S. fishing vessels with a
emissions inventory includes emissions October through November and reasonable opportunity to harvest the
estimates that cover the general source December General category fisheries to ICCAT-recommended quota.
categories of stationary point, quasi- the extent that transferrable quota is
available and is based on consideration The base quota for the General
point, area (nonpoint), nonroad mobile, category is 466.7 mt, as established in
onroad mobile, and Marine-Air-Rail (M– of the regulatory determination criteria
regarding inseason adjustments and the 2015 BFT quota final rule (80 FR
A–R). The inventory includes actual 52198, August 28, 2015). See
annual emissions and typical summer applies to Atlantic tunas General
category (commercial) permitted vessels § 635.27(a). Each of the General category
day emissions for the months of May time periods (January, June through
through September for the ozone and Highly Migratory Species (HMS)
Charter/Headboat category permitted August, September, October through
precursors, VOC and NOX. November, and December) is allocated a
[FR Doc. 2017–21106 Filed 10–2–17; 8:45 am] vessels when fishing commercially for
BFT. ‘‘subquota’’ or portion of the annual
BILLING CODE 6560–50–P
General category quota. Although it is
DATES: The quota transfer is effective called the ‘‘January’’ subquota, the
September 28, 2017 through December regulations allow the General category
DEPARTMENT OF COMMERCE 31, 2017. fishery under this quota to continue
FOR FURTHER INFORMATION CONTACT: until the subquota is reached or March
National Oceanic and Atmospheric Sarah McLaughlin or Brad McHale, 31, whichever comes first. The
Administration 978–281–9260. subquotas for each time period are as
SUPPLEMENTARY INFORMATION: follows: 24.7 mt for January; 233.3 mt
50 CFR Part 635 Regulations implemented under the for June through August; 123.7 mt for
authority of the Atlantic Tunas September; 60.7 mt for October through
[Docket No. 150121066–5717–02] Convention Act (ATCA; 16 U.S.C. 971 et November; and 24.3 mt for December.
seq.) and the Magnuson-Stevens Fishery Any unused General category quota
RIN 0648–XF724 Conservation and Management Act rolls forward within the fishing year,
jstallworth on DSKBBY8HB2PROD with RULES
Atlantic Highly Migratory Species; (Magnuson-Stevens Act; 16 U.S.C. 1801 which coincides with the calendar year,
Atlantic Bluefin Tuna Fisheries et seq.) governing the harvest of BFT by from one time period to the next, and
persons and vessels subject to U.S. is available for use in subsequent time
AGENCY: National Marine Fisheries jurisdiction are found at 50 CFR part periods. On December 19, 2016, NMFS
Service (NMFS), National Oceanic and 635. Section 635.27 subdivides the U.S. published an inseason action
Atmospheric Administration (NOAA), BFT quota recommended by the transferring 16.3 mt of BFT quota from
Commerce. International Commission for the the December 2017 subquota to the
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![46002 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
NMFS reminds General category Dated: September 28, 2017. FOR FURTHER INFORMATION CONTACT:
participants that when the fishery Emily Menashes, Claire Fitz-Gerald, Fishery Management
reopens October 1, 2017, the BFT Acting Director, Office of Sustainable Specialist, (978) 281–9255.
General category daily retention limit Fisheries, National Marine Fisheries Service.
SUPPLEMENTARY INFORMATION: The
will be one large medium or giant BFT [FR Doc. 2017–21209 Filed 9–28–17; 4:15 pm]
regulations at § 648.86(o) authorize the
(measuring 73″ or greater) per vessel per BILLING CODE 3510–22–P
Regional Administrator to adjust the
day/trip. possession and trip limits for common
Classification DEPARTMENT OF COMMERCE pool vessels in order to help prevent the
overharvest or underharvest of the
The Assistant Administrator for National Oceanic and Atmospheric common pool quotas.
NMFS (AA) finds that it is impracticable Administration Recent catch data reported through
and contrary to the public interest to
September 19, 2017, indicates that the
provide prior notice of, and an 50 CFR Part 648 common pool fishery has already caught
opportunity for public comment on, this [Docket No. 151211999–6343–02] 2.4 metric tons, or 65.7 percent, of the
action for the following reasons:
RIN 0648–XF713 Trimester 2 Georges Bank (GB) cod
The regulations implementing the Total Allowable Catch (TAC) since the
2006 Consolidated HMS FMP and Fisheries of the Northeastern United second trimester began on September 1,
amendments provide for inseason States; Northeast Multispecies 2017. The current GB cod possession
retention limit adjustments to respond Fishery; Georges Bank Cod and trip limit for GB cod is 250 pounds
to the unpredictable nature of BFT Possession and Trip Limit Adjustment per DAS, and up to 500 pounds per trip.
availability on the fishing grounds, the for the Common Pool Fishery Under these possession limits, the
migratory nature of this species, and the common pool fishery caught its
AGENCY: National Marine Fisheries
regional variations in the BFT fishery. Trimester 1 TAC and triggered an area
Service (NMFS), National Oceanic and
Affording prior notice and opportunity Atmospheric Administration (NOAA), closure for GB cod on July 27, 2017. We
for public comment to implement the Commerce. project that, at its current trajectory, the
quota transfer for the remainder of 2017 common pool will catch its Trimester 2
ACTION: Temporary rule; inseason
is impracticable and contrary to the adjustment. TAC well before the end of the second
public interest as such a delay would trimester, and is also at risk of
result in continued closure of the SUMMARY: This action decreases the exceeding its annual 2017 quota. In the
General category fishery (because the possession and trip limits for Georges event that the common pool exceeds its
available quota has been met) and the Bank cod for Northeast multispecies 2017 quota, regulations require that the
need to re-open the fishery later in the common pool vessels for the remainder overage must be deducted from the
October through November time period, of the 2017 fishing year, through April following year’s quota, which would
rather than the fishery automatically re- 30, 2018. Recent catch data reported have a negative economic impact on
opening on October 1. The delay would through September 19, 2017, indicates common pool vessels. Therefore, a
preclude the fishery from harvesting that the common pool fishery has decrease to the possession and trip
already caught 2.4 metric tons, or 65.7 limits is being implemented to help
BFT that are available on the fishing
percent, of the Trimester 2 Georges Bank prevent the common pool fishery from
grounds and that might otherwise
cod Total Allowable Catch since the
become unavailable during a delay. exceeding its quota for the 2017 fishing
second trimester began on September 1,
Therefore, the AA finds good cause year.
2017. We project that, at its current
under 5 U.S.C. 553(b)(B) to waive prior trajectory, the common pool will catch Effective September 28, 2017, the GB
notice and the opportunity for public its Trimester 2 TAC well before the end cod possession and trip limits are
comment. For these reasons, there also of the second trimester, and is also at decreased to 25 lb (11.3 kg) per day and
is good cause under 5 U.S.C. 553(d) to risk of exceeding its annual 2017 quota. 50 lb (22.7 kg) per trip, as summarized
waive the 30-day delay in effectiveness. This possession and trip limit decrease in the table below. Common pool
This action is being taken under is intended to prevent the common pool groundfish vessels that have declared
§ 635.27(a)(9) (Inseason adjustments) fishery from exceeding its allocation for their trip through the vessel monitoring
and is exempt from review under this stock prior to the end of the fishing system (VMS) or interactive voice
Executive Order 12866. year. response system, and crossed the VMS
DATES: This possession and trip limit demarcation line prior to September 28,
Authority: 16 U.S.C. 971 et seq. and 1801 2017, are not subject to the new
decrease is effective September 28,
et seq.
2017, through April 30, 2018. possession and trip limits for that trip.
TABLE 1—NEW POSSESSION AND TRIP LIMITS FOR GB COD
Permit type Current possession/trip limits New possession/trip limits
Days-At-Sea (A DAS) .......................... 250 lb (113.4 kg) per DAS, up to 500 lb (226.8 kg) 25 lb (11.3 kg) per DAS, up to 50 lb (22.6 kg) per
per trip. trip.
jstallworth on DSKBBY8HB2PROD with RULES
Handgear A .......................................... 250 lb (113.4 kg) per trip ........................................ 25 lb (11.3 kg) per trip.
Handgear B .......................................... 25 lb (11.3 kg) per trip ............................................ Unchanged.
Small Vessel Category ......................... 25 lb (11.3 kg) per trip, within combined 300 lb Unchanged.
(136.1 kg) trip limit for cod, haddock, and
yellowtail flounder.
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Document Created: 2017-10-03 01:01:24
Document Modified: 2017-10-03 01:01:24
| 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 General category bluefin tuna quota transfer. | |
| Dates | The quota transfer is effective September 28, 2017 through December 31, 2017. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 82 FR 46000 | |
| RIN Number | 0648-XF72 |
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