83_FR_22028 83 FR 21936 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

83 FR 21936 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 92 (May 11, 2018)

Page Range21936-21939
FR Document2018-09960

NMFS is adjusting the Atlantic bluefin tuna (BFT) General category daily retention limit from the default limit of one large medium or giant BFT to three large medium or giant BFT for June 1 through August 31, 2018. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic Tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT.

Federal Register, Volume 83 Issue 92 (Friday, May 11, 2018)
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21936-21939]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09960]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XG216


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

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

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

SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General 
category daily retention limit from the default limit of one large 
medium or giant BFT to three large medium or giant BFT for June 1 
through August 31, 2018. This action is based on consideration of the 
regulatory determination criteria regarding inseason adjustments and 
applies to Atlantic Tunas General category (commercial) permitted 
vessels and Highly Migratory Species (HMS) Charter/Headboat category 
permitted vessels with a commercial sale endorsement when fishing 
commercially for BFT.

DATES: Effective June 1, 2018, through August 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 Atlantic Highly 
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) 
(71 FR 58058, October 2, 2006) and amendments, and in accordance with 
implementing regulations. NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable 
opportunity to harvest the ICCAT-recommended quota.
    The current baseline U.S. quota is 1,058.9 mt (not including the 25 
mt ICCAT allocated to the United States to account for bycatch of BFT 
in pelagic longline fisheries in the Northeast Distant Gear Restricted 
Area). See Sec.  635.27(a). The current baseline General category quota 
is 466.7 mt. Each of the General category time periods (``January,'' 
June through August, September, October through November, and December) 
is allocated a portion of the annual General category quota. 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

[[Page 21937]]

first. The current baseline subquotas for each time period are as 
follows: 24.7 mt (5.3 percent) for January; 233.3 mt (50 percent) for 
June through August; 123.7 mt (26.5 percent) for September; 60.7 mt (13 
percent) for October through November; and 24.3 mt (5.2 percent) 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. This action would adjust the daily retention limit for the 
second time period in 2018, June through August.
    Although the 2017 ICCAT recommendation regarding western Atlantic 
bluefin tuna management would result in an increase to the baseline 
U.S. bluefin tuna quota (i.e., from 1,058.79 mt to 1,247.86 mt) and 
subquotas for 2018 (including an expected increase in General category 
quota from 466.7 mt to 555.7 mt, consistent with the annual bluefin 
tuna 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 General Category Daily Retention Limit

    Unless changed, the General category daily retention limit starting 
on June 1 would be the default retention limit of one large medium or 
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) per vessel per day/trip (Sec.  635.23(a)(2)). This default 
retention limit would apply to General category permitted vessels and 
to HMS Charter/Headboat category permitted vessels when fishing 
commercially for BFT.
    Under Sec.  635.23(a)(4), NMFS may increase or decrease the daily 
retention limit of large medium and giant BFT over a range of zero to a 
maximum of five per vessel based on consideration of the relevant 
criteria provided under Sec.  635.27(a)(8). NMFS has considered these 
criteria and their applicability to the General category BFT retention 
limit for June through August 2018. These considerations include, but 
are not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(8)(i)), biological samples 
collected from BFT landed by General category fishermen and provided by 
BFT dealers continue to provide NMFS with valuable data for ongoing 
scientific studies of BFT age and growth, migration, and reproductive 
status. Additional opportunity to land BFT would support the collection 
of a broad range of data for these studies and for stock monitoring 
purposes.
    NMFS also considered the catches of the General category quota to 
date (including landings and catch rates during the last several years) 
and the likelihood of closures for the General category if no 
adjustment is made (Sec.  635.27(a)(8)(ii)). Commercial-size BFT are 
anticipated to migrate to the fishing grounds off the northeast U.S. 
coast by early June. Based on General category catch rates during the 
June through August time period over the last several years, it is 
unlikely that the June through August subquota will be filled with the 
default daily retention limit of one BFT per vessel. NMFS set the June 
through August 2017 time period limit at four fish initially and 
reduced it to one fish effective August 5 through August 16, when NMFS 
closed the fishery until the start of the September 2017 quota 
subperiod. Due to a combination of fish availability and extremely 
favorable fishing conditions, NMFS needed to close the General category 
fishery in each of the subquota time periods (September, October-
November, and December) to allow for harvest of the subsequent 
subquotas without exceeding the adjusted General category quota while 
simultaneously maintaining equitable distribution of fishing 
opportunities. NMFS is setting the June through August 2018 limit in 
such a way that NMFS believes, informed by past experience, increases 
the likelihood that the fishery will remain open throughout the 
subperiod and year.
    NMFS also considered the effects of the adjustment on BFT 
rebuilding and overfishing and the effects of the adjustment on 
accomplishing the objectives of the FMP (Sec.  635.27(a)(8)(v) and 
(vi)). The adjusted retention limit would be consistent with the 
established quotas and with objectives of the 2006 Consolidated HMS FMP 
and amendments and is not expected to negatively impact stock health or 
to affect the stock in ways not already analyzed in those documents. It 
is also important that NMFS limit landings to the subquotas both to 
adhere to the FMP quota allocations and to ensure that landings are as 
consistent as possible with the pattern of fishing mortality (e.g., 
fish caught at each age) that was assumed in the projections of stock 
rebuilding.
    Another principal consideration in setting the retention limit is 
the objective of providing opportunities to harvest the full General 
category quota without exceeding it based on the goals of the 2006 
Consolidated HMS FMP and amendments, including to achieve optimum yield 
on a continuing basis and to optimize the ability of all permit 
categories to harvest their full BFT quota allocations (related to 
Sec.  635.27(a)(8)(x)). Adjustment of the retention limit is also 
supported by the Environmental Analysis for the 2011 final rule 
regarding General and Harpoon category management measures, which 
increased the General category maximum daily retention limit from three 
to five fish.
    Despite elevated General category limits, the vast majority of 
successful trips (i.e., General or Charter/Headboat trips on which at 
least one BFT is landed under General category quota) land only one or 
two BFT. For instance, the landings data for 2017 show that, under the 
four-fish limit that applied June 1 through August 4, the proportion of 
trips that landed one, two, three, or four bluefin tuna was as follows: 
68 percent landed one; 20 percent landed two; 6 percent landed three; 
and 6 percent landed four. In the last few years, NMFS has received 
conflicting comments that a high daily retention limit (specifically 
five fish) is needed to optimize General category fishing opportunities 
and account for seasonal distributions by enabling vessels to make 
overnight trips to distant fishing grounds. Others have noted that a 
higher General category limit at the start of the June-August period 
would reduce the likelihood of effort shifting into the Harpoon 
category, which has a relatively small quota. NMFS also has received 
general comment that a lower limit increases the likelihood that 
opportunities will extend through the late fall and the end of the 
calendar year, as well as improve market conditions. Requests also will 
vary depending on actual fish behavior, weather, and availability 
(i.e., abundance and proximity to shore) in any given year.
    NMFS anticipates that some underharvest of the 2017 adjusted U.S. 
BFT quota will be carried forward to 2018 to the Reserve category, in 
accordance with the regulations, this summer when complete BFT catch 
information for 2017 is available and finalized. Because such quota 
would be available to be transferred from the Reserve category to the 
General category, and such transfers have occurred in the past, the 
carryover of underharvest would make it more likely that General 
category quota will remain available through the end of 2018 for 
December fishery participants, despite the transfer of 14.3 mt from the 
24.3-mt General category December 2018

[[Page 21938]]

subquota period to the January 2018 period (81 FR 91873, December 19, 
2016). General category landings were relatively high in the summer and 
fall of 2017, due to a combination of fish availability, favorable 
fishing conditions, and higher daily retention limits. NMFS transferred 
156.4 mt from the Reserve category (82 FR 46000, October 3, 2017) and 
later transferred another 25.6 mt from the Harpoon category (82 FR 
55520, November 22, 2017). Although NMFS needed to close the September 
and the October-November fisheries effective September 17 and October 
5, respectively, to prevent further overharvest of the adjusted 2017 
General category subquotas, NMFS anticipates that General category 
participants in all areas and time periods will have opportunities to 
harvest the General category quota in 2018, through more proactive 
inseason management such as retention limit adjustments and/or the 
timing and amount of quota transfers (based on consideration of the 
determination criteria regarding inseason adjustments), as practicable. 
NMFS will closely monitor General category catch rates associated with 
the various authorized gear types (e.g., harpoon, rod and reel) during 
the June through August period and actively adjust the daily retention 
limit as appropriate to enhance scientific data collection from, and 
ensure fishing opportunities in all respective time-period subquotas as 
well as ensure available quota is not exceeded.
    A limit lower than three fish at the start of the June through 
August period could result in diminished fishing opportunities for 
those General category vessels using harpoon gear based on past fish 
behavior early in the season. Lower limits may also result in effort 
shifts from the General category to the Harpoon category, which could 
result in premature closure of the Harpoon category, and potentially 
additional inseason adjustments. General category harpoon gear 
participants land approximately five percent of the General category 
landings each year and these landings occur early in the season. A 
three-fish retention limit for an appropriate period of time will 
provide a greater opportunity to harvest the June through August 
subquota with harpoon gear without exceeding it while also maintaining 
equitable distribution of fishing opportunities for harpoon and rod and 
reel participants. NMFS also considered general input on 2018 General 
category limits from the HMS Advisory Panel at its March 2018 meeting. 
Based on these considerations, we have determined that a three-fish 
General category retention limit is warranted for the beginning of the 
June-August 2018 subquota period. These retention limits are effective 
in all areas, except for the Gulf of Mexico, where targeted fishing for 
bluefin tuna is prohibited.
    Based on these considerations, NMFS has determined that a three-
fish General category retention limit is warranted for the June-August 
2018 subquota period. This limit would provide a reasonable opportunity 
to harvest the full U.S. BFT quota (including the expected increase in 
available 2018 quota based on 2017 underharvest), without exceeding it, 
while maintaining an equitable distribution of fishing opportunities; 
help optimize the ability of the General category to harvest its full 
quota; allow the collection of a broad range of data for stock 
monitoring purposes; and be consistent with the objectives of the 2006 
Consolidated HMS FMP and amendments. Therefore, NMFS increases the 
General category retention limit from the default limit (one) to three 
large medium or giant BFT per vessel per day/trip, effective June 1, 
2018, through August 31, 2018.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example (and specific to the June 
through August 2018 limit), whether a vessel fishing under the General 
category limit takes a two-day trip or makes two trips in one day, the 
daily limit of four fish may not be exceeded upon landing. This General 
category retention limit is effective in all areas, except for the Gulf 
of Mexico, where NMFS prohibits targeting fishing for BFT, and applies 
to those vessels permitted in the General category, as well as to those 
HMS Charter/Headboat permitted vessels with a commercial sale 
endorsement when fishing commercially for BFT fishing commercially for 
BFT. For information regarding the HMS Charter/Headboat commercial sale 
endorsement, see 82 FR 57543, December 6, 2017.

Monitoring and Reporting

    NMFS will actively monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
receiving BFT. In addition, General and HMS Charter/Headboat vessel 
owners are required to report their own 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 Android or iPhone app. 
Depending on the level of fishing effort and catch rates of BFT, NMFS 
may determine that additional adjustments are necessary to ensure 
available quota is not exceeded or to enhance scientific data 
collection from, and fishing opportunities in, all geographic areas. If 
needed, subsequent adjustments will be published in the Federal 
Register. In addition, fishermen may call the Atlantic Tunas 
Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for 
updates on quota monitoring and inseason adjustments.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP and 
amendments provide for inseason retention limit adjustments to respond 
to the unpredictable nature of BFT availability on the fishing grounds, 
the migratory nature of this species, and the regional variations in 
the BFT fishery. The timing of this rulemaking will allow approximately 
two weeks' prior notice to the regulated community. Affording 
additional prior notice and an opportunity for public comment on the 
change in the daily retention limit from the default level for the June 
through August 2018 subquota period would be impracticable. Based on 
available BFT quotas, fishery performance in recent years, and the 
availability of BFT on the fishing grounds, responsive adjustment to 
the General category BFT daily retention limit from the default level 
is warranted to allow fishermen to take advantage of availability of 
fish and of quota. NMFS could not have proposed these actions earlier, 
as it needed to consider and respond to updated data and information 
about fishery conditions and this year's landings. If NMFS was to offer 
a public comment period now, after having appropriately considered that 
data, it would preclude fishermen from harvesting BFT that are legally 
available consistent with all of the regulatory criteria, and/or could 
result in selection of a retention limit inappropriate to the amount of 
quota available for the period.
    Fisheries under the General category daily retention limit will 
commence on June 1 and thus prior notice would be contrary to the 
public interest. Delays in increasing these retention limits would 
adversely affect those General and Charter/Headboat category vessels 
that would otherwise have an opportunity to harvest more than the 
default retention limit of one BFT per day/trip and may result in low 
catch rates and quota

[[Page 21939]]

rollovers. Analysis of available data shows that adjustment to the BFT 
daily retention limit from the default level would result in minimal 
risks of exceeding the ICCAT-allocated quota. NMFS provides 
notification of retention limit adjustments by publishing the notice in 
the Federal Register, emailing individuals who have subscribed to the 
Atlantic HMS News electronic newsletter, and updating the information 
posted on the Atlantic Tunas Information Line and on 
hmspermits.noaa.gov. With quota available and fish available on the 
grounds, and with no expected impacts to the stock, it would be 
contrary to the public interest to require vessels to wait to harvest 
the additional fish allowed through this action. Therefore, the AA 
finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment.
    Adjustment of the General category retention limit needs to be 
effective June 1, 2018, or as soon as possible thereafter, to minimize 
any unnecessary disruption in fishing patterns, to allow the impacted 
sectors to benefit from the adjustment, and to not preclude fishing 
opportunities for fishermen in geographic areas with access to the 
fishery only during this time period. Foregoing opportunities to 
harvest the respective quotas may have negative social and economic 
impacts for U.S. fishermen that depend upon catching the available 
quota within the time periods designated in the 2006 Consolidated HMS 
FMP and amendments. Therefore, the AA finds there is also good cause 
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec.  635.23(a)(4) and is exempt 
from review under Executive Order 12866.

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

    Dated: May 7, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-09960 Filed 5-8-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                              21936                 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations

                                              Required Determinations                                 New Mexico Ecological Services Field                     Code of Federal Regulations, as set forth
                                                                                                      Office (see FOR FURTHER INFORMATION                      below:
                                              National Environmental Policy Act
                                                                                                      CONTACT).
                                                We determined we do not need to                                                                                PART 17—ENDANGERED AND
                                                                                                      Authors
                                              prepare an environmental assessment or                                                                           THREATENED WILDLIFE AND PLANTS
                                              an environmental impact statement, as                     The primary author of this rule is the
                                              defined under the authority of the                      New Mexico Ecological Services Field                     ■ 1. The authority citation for part 17
                                              National Environmental Policy Act of                    Office Southwest Regional Office in                      continues to read as follows:
                                              1969 (42 U.S.C. 4321 et seq.), in                       Albuquerque, New Mexico, in
                                                                                                      coordination with the Southwest                            Authority: 16 U.S.C. 1361–1407; 1531–
                                              connection with regulations adopted                                                                              1544; 4201–4245, unless otherwise noted.
                                              pursuant to section 4(a) of the Act. We                 Regional Office in Albuquerque, New
                                              published a notice outlining our reasons                Mexico (see FOR FURTHER INFORMATION
                                                                                                                                                               ■ 2. Amend § 17.12(h) by revising the
                                                                                                      CONTACT).
                                              for this determination in the Federal                                                                            entry for ‘‘Echinocereus fendleri var.
                                              Register on October 25, 1983 (48 FR                     List of Subjects in 50 CFR Part 17                       kuenzleri’’ under FLOWERING PLANTS
                                              49244).                                                   Endangered and threatened species,                     in the List of Endangered and
                                              References Cited                                        Exports, Imports, Reporting and                          Threatened Plants to read as follows:
                                                                                                      recordkeeping requirements,
                                                 A complete list of all references cited                                                                       § 17.12     Endangered and threatened plants.
                                                                                                      Transportation.
                                              in this rule is available on the internet                                                                        *         *    *        *     *
                                              at http://www.regulations.gov under                     Regulation Promulgation
                                                                                                                                                                     (h) * * *
                                              Docket No. FWS–R2–ES–2016–0137, or                        Accordingly, we amend part 17,
                                              upon request from the Field Supervisor,                 subchapter B of chapter I, title 50 of the

                                                                                                                                                                                   Listing citations and applicable
                                                       Scientific name                           Common name                           Where listed                    Status                     rules

                                                   FLOWERING PLANTS

                                                       *                       *                    *                        *                        *                           *                     *
                                              Echinocereus fendleri var.             Kuenzler hedgehog cactus .......      Wherever found ........................    T           44 FR 61924, 10/26/1979; 83
                                                kuenzleri.                                                                                                                          FR [Insert Federal Register
                                                                                                                                                                                    page where the document
                                                                                                                                                                                    begins], 5/11/2018.

                                                        *                      *                        *                      *                        *                          *                    *



                                                Dated: May 1, 2018.                                   default limit of one large medium or                     Conservation of Atlantic Tunas (ICCAT)
                                              James W. Kurth,                                         giant BFT to three large medium or giant                 among the various domestic fishing
                                              Deputy Director, U.S. Fish and Wildlife                 BFT for June 1 through August 31, 2018.                  categories, per the allocations
                                              Service, Exercising the Authority of the                This action is based on consideration of                 established in the 2006 Consolidated
                                              Director U.S. Fish and Wildlife Service.                the regulatory determination criteria                    Atlantic Highly Migratory Species
                                              [FR Doc. 2018–10034 Filed 5–10–18; 8:45 am]             regarding inseason adjustments and                       Fishery Management Plan (2006
                                              BILLING CODE 4333–15–P                                  applies to Atlantic Tunas General                        Consolidated HMS FMP) (71 FR 58058,
                                                                                                      category (commercial) permitted vessels                  October 2, 2006) and amendments, and
                                                                                                      and Highly Migratory Species (HMS)                       in accordance with implementing
                                              DEPARTMENT OF COMMERCE                                  Charter/Headboat category permitted                      regulations. NMFS is required under
                                                                                                      vessels with a commercial sale                           ATCA and the Magnuson-Stevens Act to
                                              National Oceanic and Atmospheric                        endorsement when fishing                                 provide U.S. fishing vessels with a
                                              Administration                                          commercially for BFT.                                    reasonable opportunity to harvest the
                                                                                                      DATES: Effective June 1, 2018, through                   ICCAT-recommended quota.
                                              50 CFR Part 635                                                                                                     The current baseline U.S. quota is
                                                                                                      August 31, 2018.
                                              [Docket No. 150121066–5717–02]                                                                                   1,058.9 mt (not including the 25 mt
                                                                                                      FOR FURTHER INFORMATION CONTACT:                         ICCAT allocated to the United States to
                                              RIN 0648–XG216                                          Sarah McLaughlin or Brad McHale,                         account for bycatch of BFT in pelagic
                                                                                                      (978) 281–9260.                                          longline fisheries in the Northeast
                                              Atlantic Highly Migratory Species;
                                                                                                      SUPPLEMENTARY INFORMATION:                               Distant Gear Restricted Area). See
                                              Atlantic Bluefin Tuna Fisheries
                                                                                                      Regulations implemented under the                        § 635.27(a). The current baseline
                                              AGENCY:  National Marine Fisheries                      authority of the Atlantic Tunas                          General category quota is 466.7 mt. Each
                                              Service (NMFS), National Oceanic and                    Convention Act (ATCA; 16 U.S.C. 971 et                   of the General category time periods
                                              Atmospheric Administration (NOAA),                      seq.) and the Magnuson-Stevens Fishery                   (‘‘January,’’ June through August,
                                              Commerce.                                               Conservation and Management Act                          September, October through November,
sradovich on DSK3GMQ082PROD with RULES




                                              ACTION: Temporary rule; inseason                        (Magnuson-Stevens Act; 16 U.S.C. 1801                    and December) is allocated a portion of
                                              General category retention limit                        et seq.) governing the harvest of BFT by                 the annual General category quota.
                                              adjustment.                                             persons and vessels subject to U.S.                      Although it is called the ‘‘January’’
                                                                                                      jurisdiction are found at 50 CFR part                    subquota, the regulations allow the
                                              SUMMARY:   NMFS is adjusting the                        635. Section 635.27 subdivides the U.S.                  General category fishery under this
                                              Atlantic bluefin tuna (BFT) General                     BFT quota recommended by the                             quota to continue until the subquota is
                                              category daily retention limit from the                 International Commission for the                         reached or March 31, whichever comes


                                         VerDate Sep<11>2014   22:27 May 10, 2018   Jkt 244001   PO 00000   Frm 00096   Fmt 4700   Sfmt 4700   E:\FR\FM\11MYR1.SGM        11MYR1


                                                                    Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations                                          21937

                                              first. The current baseline subquotas for               status. Additional opportunity to land                of the 2006 Consolidated HMS FMP and
                                              each time period are as follows: 24.7 mt                BFT would support the collection of a                 amendments, including to achieve
                                              (5.3 percent) for January; 233.3 mt (50                 broad range of data for these studies and             optimum yield on a continuing basis
                                              percent) for June through August; 123.7                 for stock monitoring purposes.                        and to optimize the ability of all permit
                                              mt (26.5 percent) for September; 60.7 mt                   NMFS also considered the catches of                categories to harvest their full BFT
                                              (13 percent) for October through                        the General category quota to date                    quota allocations (related to
                                              November; and 24.3 mt (5.2 percent) for                 (including landings and catch rates                   § 635.27(a)(8)(x)). Adjustment of the
                                              December. Any unused General category                   during the last several years) and the                retention limit is also supported by the
                                              quota rolls forward within the fishing                  likelihood of closures for the General                Environmental Analysis for the 2011
                                              year, which coincides with the calendar                 category if no adjustment is made                     final rule regarding General and
                                              year, from one time period to the next,                 (§ 635.27(a)(8)(ii)). Commercial-size BFT             Harpoon category management
                                              and is available for use in subsequent                  are anticipated to migrate to the fishing             measures, which increased the General
                                              time periods. This action would adjust                  grounds off the northeast U.S. coast by               category maximum daily retention limit
                                              the daily retention limit for the second                early June. Based on General category                 from three to five fish.
                                              time period in 2018, June through                       catch rates during the June through                      Despite elevated General category
                                              August.                                                 August time period over the last several              limits, the vast majority of successful
                                                 Although the 2017 ICCAT                              years, it is unlikely that the June                   trips (i.e., General or Charter/Headboat
                                              recommendation regarding western                        through August subquota will be filled                trips on which at least one BFT is
                                              Atlantic bluefin tuna management                        with the default daily retention limit of             landed under General category quota)
                                              would result in an increase to the                      one BFT per vessel. NMFS set the June                 land only one or two BFT. For instance,
                                              baseline U.S. bluefin tuna quota (i.e.,                 through August 2017 time period limit                 the landings data for 2017 show that,
                                              from 1,058.79 mt to 1,247.86 mt) and                    at four fish initially and reduced it to              under the four-fish limit that applied
                                              subquotas for 2018 (including an                        one fish effective August 5 through                   June 1 through August 4, the proportion
                                              expected increase in General category                   August 16, when NMFS closed the                       of trips that landed one, two, three, or
                                              quota from 466.7 mt to 555.7 mt,                        fishery until the start of the September              four bluefin tuna was as follows: 68
                                              consistent with the annual bluefin tuna                 2017 quota subperiod. Due to a                        percent landed one; 20 percent landed
                                              quota calculation process established in                combination of fish availability and                  two; 6 percent landed three; and 6
                                              § 635.27(a)), domestic implementation                   extremely favorable fishing conditions,               percent landed four. In the last few
                                              of that recommendation will take place                  NMFS needed to close the General                      years, NMFS has received conflicting
                                              in a separate rulemaking, likely to be                  category fishery in each of the subquota              comments that a high daily retention
                                              finalized in mid-2018.                                  time periods (September, October–                     limit (specifically five fish) is needed to
                                                                                                      November, and December) to allow for                  optimize General category fishing
                                              Adjustment of General Category Daily
                                                                                                      harvest of the subsequent subquotas                   opportunities and account for seasonal
                                              Retention Limit
                                                                                                      without exceeding the adjusted General                distributions by enabling vessels to
                                                 Unless changed, the General category                 category quota while simultaneously                   make overnight trips to distant fishing
                                              daily retention limit starting on June 1                maintaining equitable distribution of                 grounds. Others have noted that a
                                              would be the default retention limit of                 fishing opportunities. NMFS is setting                higher General category limit at the start
                                              one large medium or giant BFT                           the June through August 2018 limit in                 of the June–August period would reduce
                                              (measuring 73 inches (185 cm) curved                    such a way that NMFS believes,                        the likelihood of effort shifting into the
                                              fork length (CFL) or greater) per vessel                informed by past experience, increases                Harpoon category, which has a
                                              per day/trip (§ 635.23(a)(2)). This                     the likelihood that the fishery will                  relatively small quota. NMFS also has
                                              default retention limit would apply to                  remain open throughout the subperiod                  received general comment that a lower
                                              General category permitted vessels and                  and year.                                             limit increases the likelihood that
                                              to HMS Charter/Headboat category                           NMFS also considered the effects of                opportunities will extend through the
                                              permitted vessels when fishing                          the adjustment on BFT rebuilding and                  late fall and the end of the calendar
                                              commercially for BFT.                                   overfishing and the effects of the                    year, as well as improve market
                                                 Under § 635.23(a)(4), NMFS may                       adjustment on accomplishing the                       conditions. Requests also will vary
                                              increase or decrease the daily retention                objectives of the FMP (§ 635.27(a)(8)(v)              depending on actual fish behavior,
                                              limit of large medium and giant BFT                     and (vi)). The adjusted retention limit               weather, and availability (i.e.,
                                              over a range of zero to a maximum of                    would be consistent with the                          abundance and proximity to shore) in
                                              five per vessel based on consideration of               established quotas and with objectives                any given year.
                                              the relevant criteria provided under                    of the 2006 Consolidated HMS FMP and                     NMFS anticipates that some
                                              § 635.27(a)(8). NMFS has considered                     amendments and is not expected to                     underharvest of the 2017 adjusted U.S.
                                              these criteria and their applicability to               negatively impact stock health or to                  BFT quota will be carried forward to
                                              the General category BFT retention limit                affect the stock in ways not already                  2018 to the Reserve category, in
                                              for June through August 2018. These                     analyzed in those documents. It is also               accordance with the regulations, this
                                              considerations include, but are not                     important that NMFS limit landings to                 summer when complete BFT catch
                                              limited to, the following:                              the subquotas both to adhere to the FMP               information for 2017 is available and
                                                 Regarding the usefulness of                          quota allocations and to ensure that                  finalized. Because such quota would be
                                              information obtained from catches in                    landings are as consistent as possible                available to be transferred from the
                                              the particular category for biological                  with the pattern of fishing mortality                 Reserve category to the General
                                              sampling and monitoring of the status of                (e.g., fish caught at each age) that was              category, and such transfers have
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                                              the stock (§ 635.27(a)(8)(i)), biological               assumed in the projections of stock                   occurred in the past, the carryover of
                                              samples collected from BFT landed by                    rebuilding.                                           underharvest would make it more likely
                                              General category fishermen and                             Another principal consideration in                 that General category quota will remain
                                              provided by BFT dealers continue to                     setting the retention limit is the                    available through the end of 2018 for
                                              provide NMFS with valuable data for                     objective of providing opportunities to               December fishery participants, despite
                                              ongoing scientific studies of BFT age                   harvest the full General category quota               the transfer of 14.3 mt from the 24.3-mt
                                              and growth, migration, and reproductive                 without exceeding it based on the goals               General category December 2018


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                                              21938                 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations

                                              subquota period to the January 2018                     we have determined that a three-fish                  are necessary to ensure available quota
                                              period (81 FR 91873, December 19,                       General category retention limit is                   is not exceeded or to enhance scientific
                                              2016). General category landings were                   warranted for the beginning of the June–              data collection from, and fishing
                                              relatively high in the summer and fall                  August 2018 subquota period. These                    opportunities in, all geographic areas. If
                                              of 2017, due to a combination of fish                   retention limits are effective in all areas,          needed, subsequent adjustments will be
                                              availability, favorable fishing                         except for the Gulf of Mexico, where                  published in the Federal Register. In
                                              conditions, and higher daily retention                  targeted fishing for bluefin tuna is                  addition, fishermen may call the
                                              limits. NMFS transferred 156.4 mt from                  prohibited.                                           Atlantic Tunas Information Line at (978)
                                              the Reserve category (82 FR 46000,                         Based on these considerations, NMFS                281–9260, or access
                                              October 3, 2017) and later transferred                  has determined that a three-fish General              hmspermits.noaa.gov, for updates on
                                              another 25.6 mt from the Harpoon                        category retention limit is warranted for             quota monitoring and inseason
                                              category (82 FR 55520, November 22,                     the June–August 2018 subquota period.                 adjustments.
                                              2017). Although NMFS needed to close                    This limit would provide a reasonable
                                                                                                      opportunity to harvest the full U.S. BFT              Classification
                                              the September and the October–
                                              November fisheries effective September                  quota (including the expected increase                   The Assistant Administrator for
                                              17 and October 5, respectively, to                      in available 2018 quota based on 2017                 NMFS (AA) finds that it is impracticable
                                              prevent further overharvest of the                      underharvest), without exceeding it,                  and contrary to the public interest to
                                              adjusted 2017 General category                          while maintaining an equitable                        provide prior notice of, and an
                                              subquotas, NMFS anticipates that                        distribution of fishing opportunities;                opportunity for public comment on, this
                                              General category participants in all                    help optimize the ability of the General              action for the following reasons:
                                              areas and time periods will have                        category to harvest its full quota; allow                The regulations implementing the
                                                                                                      the collection of a broad range of data               2006 Consolidated HMS FMP and
                                              opportunities to harvest the General
                                                                                                      for stock monitoring purposes; and be                 amendments provide for inseason
                                              category quota in 2018, through more
                                                                                                      consistent with the objectives of the                 retention limit adjustments to respond
                                              proactive inseason management such as
                                                                                                      2006 Consolidated HMS FMP and                         to the unpredictable nature of BFT
                                              retention limit adjustments and/or the
                                                                                                      amendments. Therefore, NMFS                           availability on the fishing grounds, the
                                              timing and amount of quota transfers
                                                                                                      increases the General category retention              migratory nature of this species, and the
                                              (based on consideration of the
                                                                                                      limit from the default limit (one) to                 regional variations in the BFT fishery.
                                              determination criteria regarding
                                                                                                      three large medium or giant BFT per                   The timing of this rulemaking will allow
                                              inseason adjustments), as practicable.
                                                                                                      vessel per day/trip, effective June 1,                approximately two weeks’ prior notice
                                              NMFS will closely monitor General
                                                                                                      2018, through August 31, 2018.                        to the regulated community. Affording
                                              category catch rates associated with the                                                                      additional prior notice and an
                                                                                                         Regardless of the duration of a fishing
                                              various authorized gear types (e.g.,                                                                          opportunity for public comment on the
                                                                                                      trip, the daily retention limit applies
                                              harpoon, rod and reel) during the June                                                                        change in the daily retention limit from
                                                                                                      upon landing. For example (and specific
                                              through August period and actively                                                                            the default level for the June through
                                                                                                      to the June through August 2018 limit),
                                              adjust the daily retention limit as                                                                           August 2018 subquota period would be
                                                                                                      whether a vessel fishing under the
                                              appropriate to enhance scientific data                                                                        impracticable. Based on available BFT
                                                                                                      General category limit takes a two-day
                                              collection from, and ensure fishing                                                                           quotas, fishery performance in recent
                                                                                                      trip or makes two trips in one day, the
                                              opportunities in all respective time-                                                                         years, and the availability of BFT on the
                                                                                                      daily limit of four fish may not be
                                              period subquotas as well as ensure                                                                            fishing grounds, responsive adjustment
                                                                                                      exceeded upon landing. This General
                                              available quota is not exceeded.                                                                              to the General category BFT daily
                                                                                                      category retention limit is effective in all
                                                 A limit lower than three fish at the                 areas, except for the Gulf of Mexico,                 retention limit from the default level is
                                              start of the June through August period                 where NMFS prohibits targeting fishing                warranted to allow fishermen to take
                                              could result in diminished fishing                      for BFT, and applies to those vessels                 advantage of availability of fish and of
                                              opportunities for those General category                permitted in the General category, as                 quota. NMFS could not have proposed
                                              vessels using harpoon gear based on                     well as to those HMS Charter/Headboat                 these actions earlier, as it needed to
                                              past fish behavior early in the season.                 permitted vessels with a commercial                   consider and respond to updated data
                                              Lower limits may also result in effort                  sale endorsement when fishing                         and information about fishery
                                              shifts from the General category to the                 commercially for BFT fishing                          conditions and this year’s landings. If
                                              Harpoon category, which could result in                 commercially for BFT. For information                 NMFS was to offer a public comment
                                              premature closure of the Harpoon                        regarding the HMS Charter/Headboat                    period now, after having appropriately
                                              category, and potentially additional                    commercial sale endorsement, see 82 FR                considered that data, it would preclude
                                              inseason adjustments. General category                  57543, December 6, 2017.                              fishermen from harvesting BFT that are
                                              harpoon gear participants land                                                                                legally available consistent with all of
                                              approximately five percent of the                       Monitoring and Reporting                              the regulatory criteria, and/or could
                                              General category landings each year and                    NMFS will actively monitor the BFT                 result in selection of a retention limit
                                              these landings occur early in the season.               fishery closely. Dealers are required to              inappropriate to the amount of quota
                                              A three-fish retention limit for an                     submit landing reports within 24 hours                available for the period.
                                              appropriate period of time will provide                 of a dealer receiving BFT. In addition,                  Fisheries under the General category
                                              a greater opportunity to harvest the June               General and HMS Charter/Headboat                      daily retention limit will commence on
                                              through August subquota with harpoon                    vessel owners are required to report                  June 1 and thus prior notice would be
                                              gear without exceeding it while also                    their own catch of all BFT retained or                contrary to the public interest. Delays in
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                                              maintaining equitable distribution of                   discarded dead, within 24 hours of the                increasing these retention limits would
                                              fishing opportunities for harpoon and                   landing(s) or end of each trip, by                    adversely affect those General and
                                              rod and reel participants. NMFS also                    accessing hmspermits.noaa.gov or by                   Charter/Headboat category vessels that
                                              considered general input on 2018                        using the Android or iPhone app.                      would otherwise have an opportunity to
                                              General category limits from the HMS                    Depending on the level of fishing effort              harvest more than the default retention
                                              Advisory Panel at its March 2018                        and catch rates of BFT, NMFS may                      limit of one BFT per day/trip and may
                                              meeting. Based on these considerations,                 determine that additional adjustments                 result in low catch rates and quota


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                                                                    Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations                                         21939

                                              rollovers. Analysis of available data                   DEPARTMENT OF COMMERCE                                Restoration Network, et al. v. U.S. Dept.
                                              shows that adjustment to the BFT daily                                                                        of Commerce, et al., (U.S.D.C. 2013),
                                              retention limit from the default level                  National Oceanic and Atmospheric                      Civil No. 12–00594). Plaintiffs appealed
                                              would result in minimal risks of                        Administration                                        the Court’s decision and, on December
                                              exceeding the ICCAT-allocated quota.                                                                          27, 2017, a U.S Ninth Circuit Court of
                                              NMFS provides notification of retention                 50 CFR Part 665                                       Appeals panel issued a split decision
                                              limit adjustments by publishing the                     [Docket No. 120416010–2476–01]
                                                                                                                                                            affirming the NMFS BiOp regarding
                                              notice in the Federal Register, emailing                                                                      leatherback sea turtles, but holding that
                                                                                                      RIN 0648–XG160                                        NMFS was arbitrary and capricious in
                                              individuals who have subscribed to the
                                                                                                                                                            its no-jeopardy determination for North
                                              Atlantic HMS News electronic                            Pacific Island Fisheries; Closure of the              Pacific loggerhead turtles (see Turtle
                                              newsletter, and updating the                            2018 Hawaii Shallow-Set Longline                      Island Restoration Network, et al. v.
                                              information posted on the Atlantic                      Fishery; Court Order                                  U.S. Dept. of Commerce, et al., 878 F.3d
                                              Tunas Information Line and on                                                                                 725 (9th Cir. 2017)).
                                              hmspermits.noaa.gov. With quota                         AGENCY:  National Marine Fisheries
                                                                                                      Service (NMFS), National Oceanic and                     All parties agreed to settle the case
                                              available and fish available on the                                                                           pursuant to the terms outlined in a May
                                                                                                      Atmospheric Administration (NOAA),
                                              grounds, and with no expected impacts                                                                         4, 2018, Stipulated Settlement
                                                                                                      Commerce.
                                              to the stock, it would be contrary to the                                                                     Agreement and Court Order. As part of
                                                                                                      ACTION: Temporary rule; fishery closure.
                                              public interest to require vessels to wait                                                                    the agreement, the U.S. District Court
                                              to harvest the additional fish allowed                  SUMMARY:   This final rule closes the                 for the District of Hawaii ordered NMFS
                                              through this action. Therefore, the AA                  Hawaii shallow-set pelagic longline                   to take several actions, including closing
                                              finds good cause under 5 U.S.C.                         fishery in compliance with an order of                the Hawaii shallow-set longline fishery
                                              553(b)(B) to waive prior notice and the                 the U.S. District Court for the District of           through December 31, 2018. This rule
                                              opportunity for public comment.                         Hawaii.                                               implements the Court order to close the
                                                                                                      DATES: Effective May 8, 2018, through
                                                                                                                                                            Hawaii shallow-set longline fishery
                                                 Adjustment of the General category
                                                                                                      December 31, 2018.                                    through December 31, 2018.
                                              retention limit needs to be effective June
                                              1, 2018, or as soon as possible                            Compliance date: May 4, 2018,                      Classification
                                              thereafter, to minimize any unnecessary                 through December 31, 2018.
                                                                                                                                                               The Assistant Administrator for
                                              disruption in fishing patterns, to allow                FOR FURTHER INFORMATION CONTACT: Bob                  Fisheries, NOAA, has determined that
                                              the impacted sectors to benefit from the                Harman, NMFS PIR, 808–725–5170.                       this final rule is consistent with the
                                              adjustment, and to not preclude fishing                 SUPPLEMENTARY INFORMATION: In a                       Court order, the Magnuson-Stevens
                                              opportunities for fishermen in                          January 30, 2012, NMFS completed a                    Fishery Conservation and Management
                                              geographic areas with access to the                     biological opinion (BiOp) on the effects              Act, the Endangered Species Act, and
                                              fishery only during this time period.                   of the Hawaii shallow-set longline                    other applicable laws.
                                              Foregoing opportunities to harvest the                  fishery, pursuant to the Endangered                      This final rule has been determined to
                                              respective quotas may have negative                     Species Act (ESA). In the BiOp, NMFS                  be not significant for purposes of
                                              social and economic impacts for U.S.                    concluded that the continued operation                Executive Order 12866.
                                                                                                      of the Hawaii shallow-set fishery, as                    NMFS has good cause under the
                                              fishermen that depend upon catching
                                                                                                      managed under the regulatory                          Administrative Procedure Act (5 U.S.C.
                                              the available quota within the time
                                                                                                      framework of the Fishery Ecosystem                    553(b)(B)) to waive prior notice and
                                              periods designated in the 2006
                                                                                                      Plan for Pelagic Fisheries of the Western             comment and 30 days delayed
                                              Consolidated HMS FMP and                                Pacific (FEP), was not likely to                      effectiveness for this temporary rule.
                                              amendments. Therefore, the AA finds                     jeopardize the continued existence of                 The Court Order, in relevant parts,
                                              there is also good cause under 5 U.S.C.                 any ESA-listed species, or result in                  vacates that portion of the 2012
                                              553(d) to waive the 30-day delay in                     destruction or adverse modification of                Biological Opinion that relates to North
                                              effectiveness.                                          designated critical habitat.                          Pacific loggerheads, and requires NMFS
                                                 This action is being taken under                        The BiOp established an annual                     to immediately close the Hawaii
                                              § 635.23(a)(4) and is exempt from                       incidental take statement authorizing                 shallow-set longline fishery until the
                                              review under Executive Order 12866.                     the fishery to interact with up to 26                 end of 2018. Under the ESA, NMFS may
                                                                                                      leatherback and 34 loggerhead sea                     not continue to authorize the shallow-
                                                 Authority: 16 U.S.C. 971 et seq. and 1801
                                                                                                      turtles. Consistent with the BiOp, NMFS               set longline fishery until the
                                              et seq.
                                                                                                      revised its regulations establishing                  consultation requirements of ESA
                                                Dated: May 7, 2018.                                   annual limits on allowable incidental                 section 7(a)(2) have been satisfied.
                                              Jennifer M. Wallace,                                    interactions between the fishery and                  Accordingly, providing the public with
                                              Acting Director, Office of Sustainable                  leatherback and North Pacific                         prior notice and comment rule would be
                                              Fisheries, National Marine Fisheries Service.           loggerhead sea turtles (77 FR 60638,                  contrary to the public interest because
                                              [FR Doc. 2018–09960 Filed 5–8–18; 4:15 pm]              October 4, 2012, codified at 50 CFR                   NMFS is required to immediately close
                                                                                                      665.813). If the fishery reaches either of            the fishery to prevent further impacts to
                                              BILLING CODE 3510–22–P
                                                                                                      the interaction limits in a given year, the           North Pacific loggerhead sea turtles
                                                                                                      regulations require NMFS to close the                 while it completes the new biological
                                                                                                      fishery for the remainder of the calendar             opinion. In addition, providing prior
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                                                                                                      year.                                                 notice and comment and 30 days
                                                                                                         In the U.S. District Court of Hawaii,              delayed effectiveness are unnecessary
                                                                                                      several plaintiffs challenged, among                  because NMFS has no discretion to take
                                                                                                      other things, the NMFS final rule that                other action that is inconsistent with
                                                                                                      revised the annual sea turtle interaction             any term of the Court Order.
                                                                                                      limits, and the Court ruled in favor of                  In addition, the regulatory flexibility
                                                                                                      NMFS on all claims (see Turtle Island                 analysis requirements of the Regulatory


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Document Created: 2018-11-02 09:49:12
Document Modified: 2018-11-02 09:49:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; inseason General category retention limit adjustment.
DatesEffective June 1, 2018, through August 31, 2018.
ContactSarah McLaughlin or Brad McHale, (978) 281-9260.
FR Citation83 FR 21936 
RIN Number0648-XG21

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