83 FR 18230 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 81 (April 26, 2018)

Page Range		18230-18233
FR Document		2018-08783

NMFS has determined that the Atlantic bluefin tuna (BFT) daily retention limit that applies to vessels permitted in the Highly Migratory Species (HMS) Angling category and the HMS Charter/Headboat category (when fishing recreationally for BFT) should be adjusted for the remainder of 2018, based on consideration of the regulatory determination criteria regarding inseason adjustments. NMFS is adjusting the Angling category BFT daily retention limit from the default of one school, large school, or small medium BFT to two school BFT and one large school/small medium BFT per vessel per day/trip for private vessels with HMS Angling category permits; and to three school BFT and one large school/small medium BFT per vessel per day/trip for vessels with HMS Charter/Headboat permits when fishing recreationally. These retention limits are effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT.

Federal Register, Volume 83 Issue 81 (Thursday, April 26, 2018)

[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Rules and Regulations]
[Pages 18230-18233]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-08783]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XG163

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 Angling category retention limit
adjustment.

-----------------------------------------------------------------------

SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels permitted in the Highly
Migratory Species (HMS) Angling category and the HMS Charter/Headboat
category (when fishing recreationally for BFT) should be adjusted for
the remainder of 2018, based on consideration of the regulatory
determination criteria regarding inseason adjustments. NMFS is
adjusting the Angling category BFT daily retention limit from the
default of one school, large school, or small medium BFT to two school
BFT and one large school/small medium BFT per vessel per day/trip for
private vessels with HMS Angling category permits; and to three school
BFT and one large school/small medium BFT per vessel per day/trip for
vessels with HMS Charter/Headboat permits when fishing recreationally.
These retention limits are effective in all areas, except for the Gulf
of Mexico, where NMFS prohibits targeted fishing for BFT.

DATES: Effective April 26, 2018, through December 31, 2018.

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 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.
As a method for limiting fishing mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the annual harvest of BFT measuring
less than 115 centimeters (cm) (45.3 inches) (straight fork length) to
no more than 10 percent by weight of a Contracting Party's total BFT
quota. Any overharvest of such tolerance limit from one year must be
subtracted from the tolerance limit applicable in the next year or the
year after that. The United States implements this provision by
limiting the harvest of school BFT (measuring 27 to less than 47 inches
curved fork length) as appropriate to not exceed the 10-percent limit.
The currently codified baseline U.S. quota is 1,058.9 metric tons
(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 Angling category quota is 195.2 mt (108.4 mt for
school BFT, 82.3 mt for large school/small medium BFT, and 4.5 mt for
large medium/giant BFT).
The 2018 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2018. The Angling category season opened January 1, 2018, and continues
through December 31, 2018. The size classes of BFT are summarized in
Table 1. Please note that large school and small medium BFT
traditionally have been managed as one size class, as described below,
i.e., a limit of one large school/small medium BFT (measuring 47 to
less than 73 inches). Currently, the default Angling category daily
retention limit of one school, large school, or small medium BFT
applies (Sec. 635.23(b)(2)). This retention limit applies to HMS
Angling and to HMS Charter/Headboat category permitted vessels (when
fishing recreationally for BFT).

Table 1--BFT Size Classes
------------------------------------------------------------------------
Size class Curved fork length
------------------------------------------------------------------------
School................................. 27 to less than 47 inches (68.5
to less than 119 cm).
Large school........................... 47 to less than 59 inches (119
to less than 150 cm).
Small medium........................... 59 to less than 73 inches (150
to less than 185 cm).
Large medium........................... 73 to less than 81 inches (185
to less than 206 cm).

[[Page 18231]]

Giant.................................. 81 inches or greater (206 cm or
greater).
------------------------------------------------------------------------

Table 2 summarizes the recreational quota, subquotas, landings, and
retention limit information for 2016 and 2017, by size class.

Table 2--Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2016-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
2016 2017
-----------------------------------------------------------------------------------------------
Amount of Amount of
Size class Subquotas and subquotas and Subquotas and subquotas and
total quota Landings (mt) total quota total quota Landings (mt) total quota
(mt) used (percent) (mt) used (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
School.................................................. 108.4 40.3 37 108.4 47.1 43
Large School/Small Medium............................... 82.3 96.8 118 82.3 84.5 103
Trophy: Large Medium/Giant.............................. 4.5 5.9 131 4.5 10.2 227
-----------------------------------------------------------------------------------------------
Total............................................... 195.2 143 73 195.2 141.8 73
--------------------------------------------------------------------------------------------------------------------------------------------------------
Daily Retention Limits (per Vessel)..................... January 1 through April 22: 1 school, large
school, or small medium (default).
January 1 through April 29: 1 school, large
school, or small medium (default).
April 23 through December 31 (81 FR 23438,
April 21, 2016):
April 30 through December 31 (82 FR 19615,
April 28, 2017):
Private boats: 1 school and 1 large school/
small medium.
Private boats: 2 school and 1 large school/
small medium.
Charter/Headboats: 2 school and 1 large school/
small medium.
Charter/Headboats: 3 school and 1 large school/
small medium.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Although the 2017 ICCAT recommendation regarding western 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
(including an expected increase in Angling category quota from 195.2 mt
to 232.4 mt, consistent with the annual BFT quota calculation process
established in Sec. 635.27(a)), domestic implementation of that
recommendation will take place in a separate rulemaking, likely to be
finalized in mid-2018.

Adjustment of Angling Category Daily Retention Limit

Under Sec. 635.23(b)(3), NMFS may increase or decrease the Angling
category retention limit for any size class of BFT after considering
regulatory determination criteria provided under Sec. 635.27(a)(8).
Recreational retention limits may be adjusted separately for specific
vessel type, such as private vessels, headboats, or charter vessels.
NMFS has considered all of the relevant determination criteria and
their applicability to the change in the Angling category retention
limit. The criteria and their application are discussed below.
NMFS considered the usefulness of information obtained from catches
in the particular category for biological sampling and monitoring of
the status of the stock (Sec. 635.27(a)(8)(i)). Biological samples
collected from BFT landed by recreational fishermen continue to provide
NMFS with valuable parts and data for ongoing scientific studies of BFT
age and growth, migration, and reproductive status. Additional
opportunity to land BFT would support the collection of a broad range
of data for these studies and for stock monitoring purposes.
NMFS considered the catches of the Angling 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)). NMFS anticipates that the
full 2018 Angling category quota would not be harvested under the
default retention limit. As shown in Table 2, Angling category landings
were approximately 73 percent of the 184.3-mt annual Angling category
quota in both 2016 and 2017, respectively including landings of 37 and
43 percent, respectively, of the available school BFT quota.
NMFS also considered the effects of the adjustment on bluefin tuna
rebuilding and overfishing and the effects of the adjustment on
accomplishing the objectives of the FMP (Sec. 635.27(a)(8)(v) and
(vi)). These retention limits would be consistent with the quotas
established and analyzed in the bluefin tuna 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
latest stock assessment.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the full Angling
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)).
The 2017 school bluefin tuna landings represent 4 percent of the
total U.S. quota for 2017, well under the ICCAT recommended 10-percent
limit. Landings of school bluefin tuna in 2015 represented 3.7 percent
of the total U.S. quota for 2016. Given that the Angling category
landings fell short of the

[[Page 18232]]

available quota, that additional quota is anticipated to be available
this year as a result of the 2017 ICCAT recommendation, and considering
the regulatory criteria above, NMFS has determined that the Angling
category retention limit applicable to participants on HMS Angling and
HMS Charter/Headboat category permitted vessels should be adjusted
upwards from the default level. NMFS has also concluded that
implementation of separate limits for private and charter/headboat
vessels remains appropriate, recognizing the different nature, socio-
economic needs, and recent landings results of the two components of
the recreational BFT fishery. For example, charter operators
historically have indicated that a multi-fish retention limit is vital
to their ability to attract customers. In addition, Large Pelagics
Survey estimates indicate that charter/headboat BFT landings averaged
32 percent of recent recreational landings for 2016 through 2017, with
the remaining 68 percent landed by private vessels.
Therefore, for private vessels with HMS Angling category permits,
this action adjusts the limit upwards to two school BFT and one large
school/small medium BFT per vessel per day/trip (i.e., two BFT
measuring 27 to less than 47 inches, and one BFT measuring 47 to less
than 73 inches). For vessels with HMS Charter/Headboat permits, this
action adjusts the limit upwards to three school BFT and one large
school/small medium BFT per vessel per day/trip when fishing
recreationally for BFT (i.e., three BFT measuring 27 to less than 47
inches, and one BFT measuring 47 to less than 73 inches). These
retention limits are effective in all areas, except for the Gulf of
Mexico, where NMFS prohibits targeted fishing for BFT. Regardless of
the duration of a fishing trip, the daily retention limit applies upon
landing. For example, whether a private vessel (fishing under the
Angling category retention limit) takes a two-day trip or makes two
trips in one day, the day/trip limit of two school BFT and one large
school/small medium BFT applies and may not be exceeded upon landing.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2018 that would not exceed the available
subquotas. Lower retention limits could result in substantial
underharvest of the codified Angling category subquota, and increasing
the daily limits further may risk exceeding the available quota,
contrary to the objectives of the 2006 Consolidated HMS FMP and
amendments. NMFS considered input on 2018 recreational limits from the
HMS Advisory Panel at its March 2018 meeting. NMFS is not setting
higher school BFT limit for private and charter vessels than the
adjustments listed in Table 1 due to the potential risk of exceeding
the ICCAT tolerance limit on school BFT and other considerations, such
as potential effort shifts to BFT fishing as a result of current
recreational retention limits for New England groundfish and striped
bass.

Monitoring and Reporting

NMFS will continue to monitor the BFT fisheries closely through the
mandatory landings and catch reports. HMS Charter/Headboat and Angling
category vessel owners are required to report the catch of all BFT
retained or discarded dead, within 24 hours of the landing(s) or end of
each trip, by accessing hmspermits.noaa.gov, using the HMS Catch
Reporting App, or calling (888) 872-8862 (Monday through Friday from 8
a.m. until 4:30 p.m.). Depending on the level of fishing effort and
catch rates of BFT, NMFS may determine that additional retention limit
adjustments or closures 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.
HMS Angling and HMS Charter/Headboat category permit holders may
catch and release (or tag and release) BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs at
Sec. 635.26. Anglers are also reminded that all BFT that are released
must be handled in a manner that will maximize survival, and without
removing the fish from the water, consistent with requirements at Sec.
635.21(a)(1). For additional information on safe handling, see the
``Careful Catch and Release'' brochure available at https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure.

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 daily retention limit for the remainder of
2018 at this time is impracticable. Based on available BFT quotas,
fishery performance in recent years, and the availability of BFT on the
fishing grounds, immediate adjustment to the Angling category BFT daily
retention limit from the default levels is warranted to allow fishermen
to take advantage of the 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 from the 2017 Angling category
fishery as well as input from the HMS Advisory Panel. 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
inappropriately high or low for the amount of quota available for the
period.
Fisheries under the Angling category daily retention limit are
currently underway and thus prior notice would be contrary to the
public interest. Delays in increasing daily recreational BFT retention
limit would adversely affect those HMS Angling and Charter/Headboat
category vessels that would otherwise have an opportunity to harvest
more than the default retention limit of one school, large school, or
small medium BFT per day/trip and may exacerbate the problem of 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. 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 18233]]

This action is being taken under Sec. 635.23(b)(3), and is exempt
from review under Executive Order 12866.

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

Dated: April 23, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries. National Marine
Fisheries Service.
[FR Doc. 2018-08783 Filed 4-23-18; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations 18231

TABLE 1—BFT SIZE CLASSES—Continued
Size class Curved fork length

Giant ......................................................................................................... 81 inches or greater (206 cm or greater).

Table 2 summarizes the recreational retention limit information for 2016 and
quota, subquotas, landings, and 2017, by size class.

TABLE 2—ANGLING CATEGORY QUOTAS (mt), ESTIMATED LANDINGS (mt), AND DAILY RETENTION LIMITS, 2016–2017
2016 2017

Amount of Amount of
Size class Subquotas subquotas and Subquotas subquotas and
Landings Landings
and total quota total quota and total quota total quota
(mt) (mt)
(mt) used (mt) used
(percent) (percent)

School ...................................................... 108.4 40.3 37 108.4 47.1 43
Large School/Small Medium .................... 82.3 96.8 118 82.3 84.5 103
Trophy: Large Medium/Giant ................... 4.5 5.9 131 4.5 10.2 227

Total .................................................. 195.2 143 73 195.2 141.8 73

Daily Retention Limits (per Vessel) ......... January 1 through April 22: 1 school, large January 1 through April 29: 1 school, large
school, or small medium (default). school, or small medium (default).
April 23 through December 31 (81 FR 23438, April 30 through December 31 (82 FR 19615,
April 21, 2016): April 28, 2017):
Private boats: 1 school and 1 large school/small Private boats: 2 school and 1 large school/small
medium. medium.
Charter/Headboats: 2 school and 1 large school/ Charter/Headboats: 3 school and 1 large school/
small medium. small medium.

Although the 2017 ICCAT sampling and monitoring of the status of analyzed in the bluefin tuna quota final
recommendation regarding western BFT the stock (§ 635.27(a)(8)(i)). Biological rule (80 FR 52198, August 28, 2015),
management would result in an increase samples collected from BFT landed by and with objectives of the 2006
to the baseline U.S. BFT quota (i.e., from recreational fishermen continue to Consolidated HMS FMP and
1,058.79 mt to 1,247.86 mt) and provide NMFS with valuable parts and amendments, and is not expected to
subquotas for 2018 (including an data for ongoing scientific studies of negatively impact stock health or to
expected increase in Angling category BFT age and growth, migration, and affect the stock in ways not already
quota from 195.2 mt to 232.4 mt, reproductive status. Additional analyzed in those documents. It is also
consistent with the annual BFT quota opportunity to land BFT would support important that NMFS limit landings to
calculation process established in the collection of a broad range of data the subquotas both to adhere to the FMP
§ 635.27(a)), domestic implementation for these studies and for stock quota allocations and to ensure that
of that recommendation will take place monitoring purposes. landings are as consistent as possible
in a separate rulemaking, likely to be NMFS considered the catches of the with the pattern of fishing mortality
finalized in mid-2018. Angling category quota to date and the (e.g., fish caught at each age) that was
likelihood of closure of that segment of assumed in the latest stock assessment.
Adjustment of Angling Category Daily
the fishery if no adjustment is made Another principal consideration in
Retention Limit
(§ 635.27(a)(8)(ii)). NMFS anticipates setting the retention limit is the
Under § 635.23(b)(3), NMFS may that the full 2018 Angling category objective of providing opportunities to
increase or decrease the Angling quota would not be harvested under the harvest the full Angling category quota
category retention limit for any size default retention limit. As shown in without exceeding it based on the goals
class of BFT after considering regulatory Table 2, Angling category landings were of the 2006 Consolidated HMS FMP and
determination criteria provided under approximately 73 percent of the 184.3- amendments, including to achieve
§ 635.27(a)(8). Recreational retention mt annual Angling category quota in optimum yield on a continuing basis
limits may be adjusted separately for both 2016 and 2017, respectively and to optimize the ability of all permit
specific vessel type, such as private including landings of 37 and 43 percent, categories to harvest their full BFT
vessels, headboats, or charter vessels. respectively, of the available school BFT quota allocations (related to
NMFS has considered all of the quota. § 635.27(a)(8)(x)).
relevant determination criteria and their NMFS also considered the effects of The 2017 school bluefin tuna landings
rmajette on DSKBCKNHB2PROD with RULES

applicability to the change in the the adjustment on bluefin tuna represent 4 percent of the total U.S.
Angling category retention limit. The rebuilding and overfishing and the quota for 2017, well under the ICCAT
criteria and their application are effects of the adjustment on recommended 10-percent limit.
discussed below. accomplishing the objectives of the FMP Landings of school bluefin tuna in 2015
NMFS considered the usefulness of (§ 635.27(a)(8)(v) and (vi)). These represented 3.7 percent of the total U.S.
information obtained from catches in retention limits would be consistent quota for 2016. Given that the Angling
the particular category for biological with the quotas established and category landings fell short of the

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Document Created: 2018-11-02 08:19:50
Document Modified: 2018-11-02 08:19:50

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 Angling category retention limit adjustment.
Dates		Effective April 26, 2018, through December 31, 2018.
Contact		Sarah McLaughlin or Brad McHale, (978) 281-9260.
FR Citation		83 FR 18230
RIN Number		0648-XG16

83 FR 18230 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 81 (April 26, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration