83 FR 17110 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 75 (April 18, 2018)

Page Range		17110-17114
FR Document		2018-08125
NMFS is adjusting the Atlantic bluefin tuna (BFT) Purse Seine and Reserve category quotas for 2018, as it has done annually since 2015. NMFS also is transferring 44.5 metric tons (mt) of BFT quota from the Reserve category to the Longline category after considering the applicable regulatory determination criteria. NMFS has decided that the quota transferred to the Longline category will be distributed to permitted Atlantic Tunas Longline vessels with recent fishing activity, rather than to all qualified Individual Bluefin Quota (IBQ) shares recipients. As a result of this transfer, each associated IBQ account will receive 1,102 lb (0.5 mt) of IBQ.
Federal Register, Volume 83 Issue 75 (Wednesday, April 18, 2018)
[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Rules and Regulations]
[Pages 17110-17114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08125]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket Nos. 120328229-4949-02 and 150121066-5717-02]
RIN 0648-XG140


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; annual adjustment of Atlantic bluefin tuna 
Purse Seine and Reserve category quotas; inseason quota transfer from 
the Reserve category to the Longline category.

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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) Purse Seine 
and Reserve category quotas for 2018, as it has done annually since 
2015. NMFS also is transferring 44.5 metric tons (mt) of BFT quota from 
the Reserve category

[[Page 17111]]

to the Longline category after considering the applicable regulatory 
determination criteria. NMFS has decided that the quota transferred to 
the Longline category will be distributed to permitted Atlantic Tunas 
Longline vessels with recent fishing activity, rather than to all 
qualified Individual Bluefin Quota (IBQ) shares recipients. As a result 
of this transfer, each associated IBQ account will receive 1,102 lb 
(0.5 mt) of IBQ.

DATES: Effective April 13, 2018, through December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Tom Warren, or Brad 
McHale, (978) 281-9260, or Carrie Soltanoff, (301) 427-8503.

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), 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.

Annual Adjustment of the BFT Purse Seine and Reserve Category Quotas

    In 2015, NMFS implemented a final rule that established the U.S. 
BFT quota and subquotas consistent with ICCAT Recommendation 14-05 (80 
FR 52198, August 28, 2015). As a result, based on the currently 
codified U.S. quota of 1,058.79 mt (not including the 25 mt allocated 
by ICCAT to the United States to account for bycatch of BFT in pelagic 
longline fisheries in the Northeast Distant Gear Restricted Area), the 
baseline Purse Seine, Longline, and Reserve category quotas are 
codified as 184.3 mt, 148.3 mt, and 24.8 mt, respectively. See Sec.  
635.27(a). For 2018 to date, NMFS has made the following inseason quota 
transfers: 14.3 mt from the General category December 2018 subquota 
period to the January 2018 subquota period (82 FR 60680, December 22, 
2017) and 10 mt from the Reserve category to the General category (83 
FR 9232, March 5, 2018), resulting in an adjusted 2018 Reserve category 
quota of 14.8 mt.
    Pursuant to Sec.  635.27(a)(4), NMFS has determined the amount of 
quota available to the Atlantic Tunas Purse Seine category participants 
in 2018, based on their BFT catch (landings and dead discards) in 2017. 
In accordance with the regulations, NMFS makes available to each Purse 
Seine category participant either 100 percent, 75 percent, 50 percent, 
or 25 percent of the individual baseline quota allocations based on the 
previous year's catch, as described in Sec.  635.27(a)(4)(ii), and 
reallocates the remainder to the Reserve category. NMFS has calculated 
the amounts of quota available to the Purse Seine category participants 
for 2018 based on their individual catch levels in 2017 and the 
codified process adopted in Amendment 7. NMFS did not open the Purse 
Seine fishery in 2017 because there were no purse seine vessels 
permitted to fish for BFT and thus on catch in 2017. As a result, each 
Purse Seine category participant will receive 25 percent of the 
individual baseline quota amount, which is the required distribution 
even with no fishing activity under the current regulations. The 
individual baseline amount is 36.9 mt (184.3 mt divided by five Purse 
Seine category participants), 25 percent of which is 9.2 mt. Consistent 
with Sec.  635.27(a)(4)(v)(C), NMFS will notify Atlantic Tunas Purse 
Seine category participants of the amount of quota available for their 
use this year through the IBQ electronic system established under Sec.  
635.15 and in writing.
    By summing the individual available allocations, NMFS has 
determined that 46.1 mt are available to the Purse Seine category for 
2018. Thus, the amount of Purse Seine category quota to be reallocated 
to the Reserve category is 138.2 mt (184.3 mt - 46.1 mt). This 
reallocation results in an adjusted 2018 Reserve category quota of 153 
mt (14.8 mt + 138.2 mt), before any further transfers to other 
categories.

Quota Transfer

    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories after considering the 14 
regulatory determination criteria provided under Sec.  635.27(a)(8). 
NMFS has considered all of these criteria, and discuss specific 
consideration of the criteria relevant for the quota transfer below.
    NMFS considered the catches of the Longline category quota to date 
and the likelihood of closure of that segment of the fishery if no 
adjustment is made (Sec.  635.27(a)(8)(ii)). As of March 31, the 
Longline category has landed about 28.2 mt (19 percent) of its 148.3-mt 
baseline quota. Thus, this is not a situation in which NMFS is 
transferring quota to avoid the need for closure of the whole Longline 
category. However, as discussed in more detail in the next section, the 
additional quota will be distributed to active vessels in the Longline 
category to help vessel owners account for BFT catch while fostering 
conditions in which permit holders become more willing to lease IBQ to 
other vessels through the IBQ system.
    Longline vessels must use IBQ to account for their incidental BFT 
landings and dead discards while fishing for swordfish and yellowfin 
tuna. In 2018, NMFS modified HMS regulations to require vessels in the 
pelagic longline fishery to account for bycatch of BFT using IBQ on a 
quarterly basis instead of on a trip-level basis (82 FR 61489, December 
28, 2017). If a vessel has insufficient IBQ to account for such 
landings and dead discards within a quarter, it goes into ``quota 
debt.''
    For the first fishing trip in a calendar year quarter, as defined 
at Sec.  635.15(b)(3), a vessel is not allowed to fish with pelagic 
longline gear if it has outstanding quota debt or does not have the 
minimum amount of quota (i.e., 276 lb (0.125 mt) to depart on a fishing 
trip in the Atlantic and 551 lb (0.25 mt) to depart on a fishing trip 
in the Gulf of Mexico). These minimum amounts were specified to allow 
the landing and accounting of one BFT, based on average fish weight for 
each area (e.g., 551 lb of quota would allow for the landing and 
accounting of one BFT in the Gulf of Mexico). Without the quota 
transfer, active vessels may have difficulty accounting for their BFT 
catch within a quarter. Transferring 44.5 mt of quota from the Reserve 
category would provide limited additional opportunities to harvest 
available swordfish and yellowfin tuna without exceeding the BFT quota 
available to account for incidental BFT catch during those operations. 
Regarding the projected ability of the vessels fishing under the 
particular category quota (here, the Longline category) to harvest the 
additional amount of BFT before the end of the fishing year (Sec.  
635.27(a)(8)(iii)), NMFS cannot predict if all of the 44.5 mt of quota 
will be used by December 31, given the highly variable nature (i.e., 
temporally and spatially) of incidental BFT catch.

[[Page 17112]]

NMFS anticipates, however, that the amount of quota transferred is an 
amount sufficient to facilitate vessel trips within the next quarters 
and encourage leasing by other permit holders, without limiting NMFS' 
ability to meet other needs with the Reserve quota for the remainder of 
the year.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the fishery might be exceeded (Sec.  
635.27(a)(8)(iv)) and the ability to account for all 2018 landings and 
dead discards. A small portion of the overall commercial BFT quota has 
been used in 2018 to date, consistent with the amount of quota used in 
the early months of previous years. NMFS will need to account for all 
2018 landings and dead discards within the adjusted U.S. quota, 
consistent with ICCAT recommendations and anticipates having sufficient 
quota to do that even with this transfer from the Reserve category.
    This transfer is consistent with the current quotas, which were 
established and analyzed in the Atlantic 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)). The adjusted 
Longline category quota of 192.8 mt remains within the ICCAT quota. The 
revised Longline category quota supports the broader objectives of 
Amendment 7, which include reducing BFT interactions and dead discards 
while maintaining an economically viable swordfish and yellowfin tuna 
directed fishery.
    Regarding ``optimizing fishing opportunity'' (Sec.  
635.27(a)(8)(x)), the ability of pelagic longline vessel owners to 
account for BFT with allocated quota or to lease IBQ at an affordable 
price is key to the success of the IBQ Program and thus to optimize 
fishing opportunity. An inseason transfer of quota to the Longline 
category would optimize fishing opportunity, contribute to full 
accounting for landings and dead discards, and reduce uncertainty in 
the fishery as a whole. Quota transferred from the Reserve category and 
distributed directly to active vessels should reduce situations where 
fishing opportunity for target species is constrained by the 
unavailability of quota (e.g., because of BFT quota debt or a low IBQ 
balance) or, in the case of vessels with recent fishing activity that 
are not associated with IBQ shares, by not finding affordable quota (or 
sufficient quota) for lease. Detailed information is discussed below 
showing that without this transfer of quota, some otherwise active 
vessels will be unable to fish because of quota debt or low balance 
(below the minimum amount of allocation needed to fish) at the start of 
the second quarter. The quota transfer will also reduce vessel owner 
uncertainty about whether a vessel owner will have sufficient quota to 
account for future BFT catch. Without this inseason quota transfer, 
permit holders may be unnecessarily conservative at the beginning of 
the year, in a way that does not optimize fishing opportunities nor 
encourage the appropriate functioning of the IBQ leasing program. For 
example, vessel owners may fear that they will not have enough IBQ to 
account for BFT retained or discarded dead, and thus may feel they 
cannot lease IBQ to other vessels. If they do lease out quota, they may 
set the lease prices unnecessarily high to offset their perceived 
risks. An inseason distribution of IBQ to active vessels will reduce 
the perceived risk associated with leasing a portion of their IBQ to 
other vessels early in the year and will reduce uncertainty in their 
business plans for the year.
    Regarding accounting for dead discards (Sec.  635.27(a)(8)(xi)) and 
variations in seasonal distribution or abundance, a quota transfer from 
the Reserve category to the Longline category would contribute to full 
accounting of BFT catch by vessels that accrue quota debt (i.e., reduce 
quota debt), enhance the likelihood that share recipients will lease 
IBQ to others, and reduce uncertainty in the fishery as a whole. 
Transferring quota relatively early in 2018 helps to address the 
diversity of the fishery with respect to the timing of fishing 
activities in different geographic areas. A quota transfer later in the 
year may disadvantage those fishing early in the year. In addition, the 
first quarter of 2018 recently ended and any vessels that have gone 
into debt will not be able to fish beginning April 1 until they account 
for quota debt and obtain the minimum amount of allocation needed to 
fish with pelagic longline gear. Additional inseason transfers could 
occur later in the year and the additional quota at the beginning of 
the year helps equalize the distribution among the active vessels.
    Based on the considerations above, NMFS is transferring 44.5 mt of 
the adjusted Reserve category quota to the Longline category. As a 
result of this quota transfer, the adjusted 2018 Reserve category quota 
is 108.5 mt (153 mt - 44.5 mt), and the adjusted 2018 Longline category 
quota is 192.8 mt.

Distribution of Transferred Quota Within the Longline Category

    After transferring additional BFT quota inseason to the Longline 
category, NMFS may then distribute the quota either to all qualified 
IBQ share recipients (i.e., share recipients who have associated their 
permit with a vessel) or only to permitted Atlantic Tunas Longline 
vessels with recent fishing activity, whether or not they are 
associated with IBQ shares. This decision may be based on information 
for the subject year and previous year, including the number of BFT 
landings and dead discards, the number of IBQ lease transactions, the 
average amount of IBQ leased, the average amount of quota debt, the 
annual amount of IBQ allocation, any previous inseason allocations of 
IBQ, the amount of BFT quota in the Reserve category, the percentage of 
BFT quota harvested by the other quota categories, the remaining number 
of days in the year, the number of active vessels fishing not 
associated with IBQ share, and the number of vessels that have incurred 
quota debt or that have low levels of IBQ allocation (Sec.  
635.15(b)(9)). Discussion of the relevant information and justification 
for how NMFS is distributing the transferred quota in this action 
follows.
    One hundred thirty-six IBQ share recipients were designated under 
Amendment 7, and the baseline Longline category quota is distributed to 
those share recipients at the beginning of the year, regardless of 
their fishing activity. Other permitted Longline vessels may also fish 
but do not automatically receive annual IBQ allocation from shares. 
NMFS has examined the logbook, Vessel Monitoring System (VMS), dealer, 
and electronic monitoring data for 2017 and for 2018 as of March 31, 
and has determined that 89 vessels have recent fishing activity and 
that, of those, 85 were IBQ share recipients. Any vessel activity in 
the pelagic longline fishery during this date range is sufficient to 
qualify as ``recent fishing activity'' (Sec.  635.15(b)(9)).
    Preliminary data indicate that, in 2017, 58 Atlantic Tunas Longline 
vessels landed a total of 494 BFT (226,738 lb) and 93 BFT were 
discarded dead. Data from the IBQ system indicate that in 2018 through 
March 31, 25 Atlantic Tunas Longline vessels landed a total of 122 BFT 
(59,134 lb). These landings and dead discards (as well as VMS data that 
document BFT released alive) indicate that pelagic longline vessels 
have been interacting with BFT in 2017 (and early 2018). The vessels

[[Page 17113]]

have been accounting for BFT using IBQ, as required by the regulations. 
It is likely that there will continue to be pelagic longline 
interactions with BFT and a need for vessels to account for the BFT 
retained and discarded dead in 2018. Distributing only to active 
vessels provides a focused, more efficient distribution of quota to 
those that need it and will help reduce uncertainty and facilitate 
better business decisions and a more effective leasing program for the 
remainder of the year. NMFS notes that this is only a small influx of 
quota to facilitate effective leasing and more certainty in operational 
decisions at the beginning of the year.
    There were 118 IBQ lease transactions in the relevant time period 
analyzed (85 in 2017; 33 in 2018 through March 31), with 55 distinct 
share recipients leasing. A total of 200,823 lb were leased (156,148 lb 
in 2017; 44,675 lb in 2018 through March 31). Seventeen IBQ lessors did 
not have recent fishing activity. Overall, the average amount of IBQ 
leased was 1,837 lb in 2017 with an average lease price of $1.67 per 
pound, and 1,354 lb in 2018 through March 31 with an average lease 
price of $2.84 per pound (weighted average). In discussions with vessel 
operators, some have indicated that the ex-vessel price of BFT was 
variable, and relatively low, and that they essentially made little or 
no money from BFT given expenses including the cost to lease IBQ. Data 
indicate that the ex-vessel price of BFT from pelagic longline vessels 
ranged from $0.01 to $35 per pound, with an average of $4.95 per pound. 
There were four active vessels that were not associated with IBQ shares 
that leased quota from share recipients in order to fish with pelagic 
longline gear. Fifteen distinct vessels had quota debt at any given 
point in 2017, with an average of 900 lb. Nine vessels had quota debt 
at any given point in 2018 through March 31, with an average of 1,526 
lb. This price and leasing information demonstrates that the leasing 
market is active, vessels are paying out of pocket to obtain additional 
IBQ as needed, and that BFT landings are generally not profitable. It 
also indicates that influxes of quota inseason were helpful in 
facilitating the effective functioning of the IBQ Program and system. 
Furthermore, share recipients that are not actively fishing are earning 
some revenue through leasing to those vessels that are fishing (i.e., 
from 5 such vessels in 2015 to 17 vessels from January 1, 2017 through 
March 31, 2018). These trends further support distribution of quota to 
Atlantic Tunas Longline vessels with recent fishing activity in order 
to facilitate accounting for BFT catch or reducing the likelihood of 
accrued quota debt, while helping to lower any additional cost of 
leasing.
    The annual amount of Longline category quota allocated in the IBQ 
system for 2017 was the baseline Longline category quota of 148.3 mt 
plus the 45-mt transfer that was effective February 28, 2017, for a 
total of 193.3 mt (not including the 25 mt for the Northeast Distant 
Gear Restricted Area). The annual amount of Longline category quota 
currently allocated in the IBQ system for 2018 is the baseline Longline 
category quota of 148.3 mt. NMFS has not made any inseason transfers to 
the Longline category thus far in 2018. As described above, the amount 
of quota in the Reserve category following this action's reallocation 
from the Purse Seine category is 153 mt. As described in the Quota 
Transfer section above, a small portion of the overall commercial BFT 
quota has been used in 2018 to date, consistent with the amount of 
quota used in the early months of previous years. Thus, substantial 
quota remains available in the Reserve category for future transfers, 
as appropriate.
    NMFS has determined that distribution of quota only to Atlantic 
Tunas Longline vessels with recent fishing activity fulfills IBQ 
Program objectives. Such a distribution would provide transferred quota 
only to the vessels that have recently fished and are therefore most 
likely to need quota in order to account for BFT interactions. This 
would include the four Atlantic Tunas Longline vessels with recent 
fishing activity that are not associated with IBQ shares, as well as 
the 85 IBQ share recipients with recent fishing activity (representing 
63 percent of all IBQ share recipients). For comparison, if the 44.5 mt 
were distributed to all qualified IBQ share recipients, each would 
receive 721 lb (0.33 mt) rather than 1,102 lb (0.5 mt) to each of the 
89 vessels with recent fishing activity. Some inactive share recipients 
participate in the IBQ Program through leasing out quota; however, a 
majority of inactive share recipients (36 of 51) did not lease out 
quota in the period analyzed. After considering this information, NMFS 
has decided to distribute the 44.5 mt of quota transferred from the 
Reserve to the Atlantic Tunas Longline vessels with recent fishing 
activity.
    For those vessels with recent fishing activity that are not 
associated with valid (i.e., unexpired) permits at the time of the 
quota transfer, the IBQ will be transferred, but will not be usable by 
the vessel owner (i.e., may not be leased or used to account for BFT) 
unless and until the vessel is associated with a valid permit. When a 
qualified IBQ share recipient with recent fishing activity receives 
inseason quota, the quota will be designated as either Gulf of Mexico 
(GOM) IBQ, Atlantic (ATL) IBQ, or both GOM and ATL IBQ, according to 
the share recipient's regional designations. Those vessels that are 
participating in the voluntary Deepwater Horizon Oceanic Fish 
Restoration Project repose period through June 30, 2018, and that have 
recent fishing activity, would receive a distribution of inseason quota 
once the repose period ends. For vessels with recent fishing activity 
that are not qualified IBQ share recipients, NMFS will assign the 
distributed quota a regional designation based on where the majority of 
the vessel's ``recent fishing activity'' occurred for the relevant 
period analyzed (either GOM or ATL).
    NMFS anticipates that it will announce additional BFT quota 
adjustments during 2018 for all quota categories, to provide reasonable 
fishing opportunities throughout the year. An ICCAT recommendation 
adopted at the annual meeting in November 2017 for western Atlantic BFT 
management would result in an increase to the baseline U.S. BFT quota 
(i.e., from 1,058.79 mt to 1,247.86 mt) and subquotas for 2018, and 
NMFS will undertake domestic implementation of that recommendation 
through rulemaking in the near future. NMFS also anticipates that some 
underharvest of the 2017 adjusted U.S. BFT quota will be carried 
forward to 2018 and placed in the Reserve category, in accordance with 
the regulations, also in mid-2018 (when complete 2017 catch information 
is available and finalized). Subsequent notices 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.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fisheries, including the 
pelagic longline fishery, closely through the mandatory landings and 
catch reports. Dealers are required to submit landing reports within 24 
hours of a dealer receiving BFT through the electronic BFT dealer 
reporting system as well as through the online IBQ system. Pelagic 
longline vessels are required to enter BFT dead discard information 
through the IBQ system and confirm the accuracy of dealer-reported 
data. Pelagic longline vessels are also required to report BFT catch 
through VMS, as well as through the online IBQ system.

[[Page 17114]]

    Longline category permit holders are reminded that all BFT 
discarded dead must be reported through VMS, and accounted for in the 
online IBQ system, consistent with requirements at Sec.  635.15(a).
    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, the transfer from 
the Reserve category to the Longline category for the following 
reasons:
    The regulations implementing the 2006 Consolidated HMS FMP, as 
amended, provide for inseason adjustments to quotas and other aspects 
of BFT fishery management, to respond to the diverse range of factors 
which may affect BFT fisheries, including ecological (e.g., rebuilding, 
or the migratory nature of HMS) and commercial (e.g., optimizing 
fishing opportunity, or reducing bycatch).
    NMFS has determined that adjustments to the Reserve and Longline 
category BFT quotas are warranted. This transfer is consistent with the 
current quotas, which were established and analyzed in the Atlantic BFT 
quota final rule (80 FR 52198, August 28, 2015), and with objectives of 
the 2006 Consolidated HMS FMP and amendments. The adjusted Longline 
category quota of 192.8 mt remains within the ICCAT quota. The revised 
Longline category quota supports the broader objectives of Amendment 7, 
which include reducing BFT interactions and dead discards while 
maintaining an economically viable swordfish and yellowfin tuna 
directed fishery. Transferring quota relatively early in 2018 helps to 
address the diversity of the fishery with respect to the timing of 
fishing activities in different geographic areas. A quota transfer 
later in the year may disadvantage those fishing early in the year.
    Affording prior notice and opportunity for public comment to 
implement the quota transfer is impracticable. The transfer of 44.5 mt 
of quota from the Reserve category to the Longline category needs to 
happen early in the year to facilitate effective leasing and more 
certainty in operational decisions. NMFS only recently received updated 
data from the 2017 fishery, as it recently closed, and from the first 
couple of months of the 2018 fishery. If NMFS were to offer an 
opportunity for public comment, it would unnecessarily preclude fishing 
opportunities for some vessel operators, particularly those that fish 
early in the fishing season. In addition, the first quarter of 2018 has 
ended, and some vessels that have gone into debt or have a low balance 
(below the minimum amount of allocation needed to fish) are not able to 
fish, as of April 1, until they account for quota debt and obtain the 
minimum amount of allocation needed to fish with pelagic longline gear. 
Without this inseason quota transfer, permit holders may be 
unnecessarily conservative in a way that does not optimize fishing 
opportunities nor encourage the appropriate functioning of the IBQ 
leasing program, which is contrary to the public interest. As explained 
earlier, NMFS conducted notice-and-comment rulemaking on the underlying 
regulations that set forth the criteria used for this action, and 
therefore notice-and-comment rulemaking is not necessary for this 
inseason action.
    Delays in adjusting the Reserve and Longline category quotas would 
adversely affect those permitted Atlantic Tunas Longline vessels that 
would otherwise have an opportunity to reduce or resolve quota debt, 
lease quota to other vessels, as well as delay potential beneficial 
effects on the ability for vessel operators to make business plans for 
their future. NMFS is trying to balance providing opportunity to the 
pelagic longline fishery, with the reduction of BFT bycatch, and 
delaying this action would be contrary to the public interest. 
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 all of the 
above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 
30-day delay in effectiveness.
    This action is being taken under Sec. Sec.  635.15(b), 635.15(f), 
635.27(a)(4) and (a)(7), 635.27(a)(8) and (9), and is exempt from 
review under Executive Order 12866.

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

    Dated: April 13, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-08125 Filed 4-13-18; 4:15 pm]
 BILLING CODE 3510-22-P
17110 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations

Statute 13–3702 makes it a class 2 development in Mexico will increase Fish and Wildlife Service (see FOR
misdemeanor to ‘‘deface or damage four fold from 2016 to 2020. FURTHER INFORMATION CONTACT).
petroglyphs, pictographs, caves, or The impact of wind energy
development on lesser long-nosed bats List of Subjects in 50 CFR Part 17
caverns.’’ Activities covered under ARS
13–3702 include ‘‘kill, harm, or disturb is unknown and more attention must be Endangered and threatened species,
plant or animal life found in any cave paid to characterizing and avoiding Exports, Imports, Reporting and
or cavern, except for safety reasons.’’ We potential impacts. Because lesser long- recordkeeping requirements,
acknowledge that these regulations are nosed bats are migratory, and impacts Transportation.
only as effective as their enforcement, from wind energy facilities to migratory
bats are well documented, the Regulation Promulgation
but we are confident that our Federal
and State partners will enforce these construction of new facilities should be Accordingly, we hereby amend part
regulations to the best of their ability. carefully sited to avoid roosts and 17, subchapter B of chapter I, title 50 of
We are currently aware of only one site migratory flyways. Moreover, the Code of Federal Regulations, as set
where abandonment of the roost construction of sites within the range of forth below:
resulted from human disturbance. This the lesser long-nosed bat should be
issue was addressed through fencing monitored and fatalities reported with PART 17—ENDANGERED AND
and human disturbance has not been an adaptive management strategies in place THREATENED WILDLIFE AND PLANTS
issue since the fencing was installed. to reduce fatalities over time.
Comment (17): Two commenters ■ 1. The authority citation for part 17
Required Determinations continues to read as follows:
discussed the potential effects of wind
energy development. One indicated that National Environmental Policy Act Authority: 16 U.S.C. 1361–1407; 1531–
wind energy facilities were not 1544; and 4201–4245, unless otherwise
We have determined that
adequately evaluated in the SSA and the noted.
environmental assessments and
proposed delisting rule. environmental impact statements, as § 17.11 [Amended]
Our Response: We are aware of lesser defined under the authority of the
long-nosed bat fatalities from wind ■ 2. Amend § 17.11(h) by removing the
National Environmental Policy Act of
energy development facilities in both entry for ‘‘Bat, lesser long-nosed’’ under
1969 (42 U.S.C. 4321 et seq.), need not
the United States and Mexico. However, MAMMALS from the List of Endangered
be prepared in connection with
because monitoring at these sites is not and Threatened Wildlife.
regulations adopted pursuant to section
comprehensive and because this is an 4(a) of the Act. We published a notice Dated: March 8, 2018.
emerging threat without much outlining our reasons for this James W. Kurth,
information available specifically determination in the Federal Register Deputy Director, U.S. Fish and Wildlife
related to lesser long-nosed bats, it is on October 25, 1983 (48 FR 49244). Service, Exercising the Authority of the
difficult to determine the actual long- Director, U.S. Fish and Wildlife Service.
term impact of wind turbines on this Government-to-Government
[FR Doc. 2018–08121 Filed 4–17–18; 8:45 am]
species. Based on existing wind energy Relationship With Tribes
BILLING CODE 4333–15–P
development, there are two wind energy In accordance with the President’s
facilities in Arizona (producing 268 MW memorandum of April 29, 1994,
of power) and one wind energy facility ‘‘Government-to-Government Relations
in New Mexico (producing 1,112 MW of DEPARTMENT OF COMMERCE
with Native American Tribal
power) within the range of the lesser Governments’’ (59 FR 22951), Executive National Oceanic and Atmospheric
long-nosed bat. The American Wind Order 13175, and the Department of the Administration
Energy Association (AWEA) has Interior’s manual at 512 DM 2, we
identified an additional six projects readily acknowledge our responsibility 50 CFR Part 635
under development in New Mexico; to communicate meaningfully with
however, none of these projects are recognized Federal Tribes on a [Docket Nos. 120328229–4949–02 and
within the range of lesser long-nosed government-to-government basis. 150121066–5717–02]
bat. The AWEA has identified no Therefore, we solicited information RIN 0648–XG140
additional projects under development from Native American Tribes during the
in Arizona within the range of the lesser comment period to determine potential Atlantic Highly Migratory Species;
long-nosed bat. Through 2050, the U.S. effects on them or their resources that Atlantic Bluefin Tuna Fisheries
Department of Energy’s Wind Vision may result from the delisting of the
(2013) report, projects 5 and 15 lesser long-nosed bat, and we fully AGENCY: National Marine Fisheries
gigawatts of wind generating capacity considered their comments in this final Service (NMFS), National Oceanic and
for Arizona and New Mexico rule. Atmospheric Administration (NOAA),
respectively. However, based on wind Commerce.
resource maps from the National References Cited ACTION: Temporary rule; annual
Renewable Energy Laboratory, measured A complete list of all references cited adjustment of Atlantic bluefin tuna
at 80 meters above ground level, wind in this rule is available on http:// Purse Seine and Reserve category
resources are limited within the range of www.regulations.gov in Docket No. quotas; inseason quota transfer from the
the lesser long-nosed bat in either State. FWS–R2–ES–2016–0138, or upon Reserve category to the Longline
While we do not have any specific request from the Field Supervisor, category.
information related to wind energy Arizona Ecological Services Field Office
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development in Mexico, short- and (see FOR FURTHER INFORMATION CONTACT). SUMMARY: NMFS is adjusting the
medium term projects indicate that the Atlantic bluefin tuna (BFT) Purse Seine
development of wind power is expected Authors and Reserve category quotas for 2018, as
to take an increasingly important The primary authors of this document it has done annually since 2015. NMFS
position in Mexico’s energy landscape. are the staff members of the Arizona also is transferring 44.5 metric tons (mt)
One source predicts that wind energy Ecological Services Field Office, U.S. of BFT quota from the Reserve category

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17114 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations

Longline category permit holders are decisions. NMFS only recently received DEPARTMENT OF COMMERCE
reminded that all BFT discarded dead updated data from the 2017 fishery, as
must be reported through VMS, and it recently closed, and from the first National Oceanic and Atmospheric
accounted for in the online IBQ system, couple of months of the 2018 fishery. If Administration
consistent with requirements at NMFS were to offer an opportunity for
§ 635.15(a). public comment, it would unnecessarily 50 CFR Part 679
If needed, subsequent adjustments preclude fishing opportunities for some
will be published in the Federal vessel operators, particularly those that [Docket No. 170817779–8161–02]
Register. In addition, fishermen may fish early in the fishing season. In
call the Atlantic Tunas Information Line addition, the first quarter of 2018 has RIN 0648–XG158
at (978) 281–9260, or access
ended, and some vessels that have gone
hmspermits.noaa.gov for updates on Fisheries of the Exclusive Economic
into debt or have a low balance (below
quota monitoring and inseason Zone Off Alaska; Bering Sea and
adjustments. the minimum amount of allocation
needed to fish) are not able to fish, as Aleutian Islands; 2018 and 2019
Classification of April 1, until they account for quota Harvest Specifications for Groundfish;
The Assistant Administrator for debt and obtain the minimum amount of Correction
NMFS (AA) finds that it is impracticable allocation needed to fish with pelagic
AGENCY: National Marine Fisheries
and contrary to the public interest to longline gear. Without this inseason Service (NMFS), National Oceanic and
provide prior notice of and an quota transfer, permit holders may be Atmospheric Administration (NOAA),
opportunity for public comment on, the unnecessarily conservative in a way that Commerce.
transfer from the Reserve category to the does not optimize fishing opportunities
Longline category for the following nor encourage the appropriate ACTION: Temporary rule; correction.
reasons: functioning of the IBQ leasing program,
The regulations implementing the SUMMARY: NMFS is correcting the final
which is contrary to the public interest.
2006 Consolidated HMS FMP, as 2018 and 2019 harvest specifications for
As explained earlier, NMFS conducted
amended, provide for inseason groundfish in the Bering Sea and
notice-and-comment rulemaking on the
adjustments to quotas and other aspects Aleutian Islands management area
underlying regulations that set forth the (BSAI). The amounts of Atka mackerel
of BFT fishery management, to respond criteria used for this action, and
to the diverse range of factors which specified for the Amendment 80 sector
therefore notice-and-comment in the Central Aleutian District (CAI)
may affect BFT fisheries, including rulemaking is not necessary for this
ecological (e.g., rebuilding, or the and the Western Aleutian District (WAI)
inseason action. were incorrect.
migratory nature of HMS) and
commercial (e.g., optimizing fishing Delays in adjusting the Reserve and DATES: Effective April 18, 2018, through
opportunity, or reducing bycatch). Longline category quotas would 2400 hours, Alaska local time (A.l.t)
NMFS has determined that adversely affect those permitted Atlantic December 31, 2019.
adjustments to the Reserve and Longline Tunas Longline vessels that would
otherwise have an opportunity to reduce FOR FURTHER INFORMATION CONTACT:
category BFT quotas are warranted. This
or resolve quota debt, lease quota to Steve Whitney, 907–586–7228.
transfer is consistent with the current
quotas, which were established and other vessels, as well as delay potential SUPPLEMENTARY INFORMATION:
analyzed in the Atlantic BFT quota final beneficial effects on the ability for Need for Correction
rule (80 FR 52198, August 28, 2015), vessel operators to make business plans
and with objectives of the 2006 for their future. NMFS is trying to NMFS published the final 2018 and
Consolidated HMS FMP and balance providing opportunity to the 2019 BSAI groundfish harvest
amendments. The adjusted Longline pelagic longline fishery, with the specifications on February 27, 2018 (83
category quota of 192.8 mt remains reduction of BFT bycatch, and delaying FR 8365). The document contains
within the ICCAT quota. The revised this action would be contrary to the incorrect amounts of Atka mackerel
Longline category quota supports the public interest. Therefore, the AA finds specified for the Amendment 80 sector
broader objectives of Amendment 7, good cause under 5 U.S.C. 553(b)(B) to in the CAI and the WAI. These
which include reducing BFT waive prior notice and the opportunity corrections are necessary to provide the
interactions and dead discards while for public comment. For all of the above correct information about the amount of
maintaining an economically viable reasons, there is good cause under 5 Atka mackerel allocated to the
swordfish and yellowfin tuna directed U.S.C. 553(d) to waive the 30-day delay Amendment 80 sector in these districts,
fishery. Transferring quota relatively in effectiveness. and to avoid confusion by the fishery
early in 2018 helps to address the participants.
This action is being taken under
diversity of the fishery with respect to Correction
§§ 635.15(b), 635.15(f), 635.27(a)(4) and
the timing of fishing activities in
different geographic areas. A quota (a)(7), 635.27(a)(8) and (9), and is In the Federal Register of February
transfer later in the year may exempt from review under Executive 27, 2018 (83 FR 8365) the Amendment
disadvantage those fishing early in the Order 12866. 80 sector allocation in the CAI for 2018
year. Authority: 16 U.S.C. 971 et seq. and 1801 and 2019 did not account for the 75
Affording prior notice and et seq. metric ton incidental catch allowance
opportunity for public comment to (ICA), and the Amendment 80 sector
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Dated: April 13, 2018.
implement the quota transfer is allocation in the WAI for 2018 and 2019
impracticable. The transfer of 44.5 mt of Jennifer M. Wallace, did not account for the 20 metric ton
quota from the Reserve category to the Acting Director, Office of Sustainable ICA. Therefore, Table 6 and Table 7 of
Longline category needs to happen early Fisheries, National Marine Fisheries Service. the final 2018 and 2019 BSAI
in the year to facilitate effective leasing [FR Doc. 2018–08125 Filed 4–13–18; 4:15 pm] groundfish harvest specifications are
and more certainty in operational BILLING CODE 3510–22–P republished as follows:

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Document Created: 2018-04-18 03:00:37
Document Modified: 2018-04-18 03:00:37
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; annual adjustment of Atlantic bluefin tuna Purse Seine and Reserve category quotas; inseason quota transfer from the Reserve category to the Longline category.
Dates		Effective April 13, 2018, through December 31, 2018.
Contact		Sarah McLaughlin, Tom Warren, or Brad McHale, (978) 281-9260, or Carrie Soltanoff, (301) 427-8503.
FR Citation		83 FR 17110
RIN Number		0648-XG14
83 FR 17110 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 75 (April 18, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
