83 FR 31517 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and Northern Albacore Tuna Quotas

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 130 (July 6, 2018)

Page Range		31517-31525
FR Document		2018-14452

NMFS proposes to modify the baseline annual U.S. quota and subquotas for Atlantic bluefin tuna (BFT) and the baseline annual U.S. North Atlantic albacore (northern albacore or NALB) quota. The proposed action also would modify regulations to update regulatory language on school BFT to reflect current ICCAT requirements. Finally, NMFS also proposes to make a minor change to the Atlantic tunas size limit regulations to address retention, possession, and landing of bigeye and yellowfin tuna damaged by shark bites. This action is necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Federal Register, Volume 83 Issue 130 (Friday, July 6, 2018)

[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Proposed Rules]
[Pages 31517-31525]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-14452]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8548-01]
RIN 0648-BH54

Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and
Northern Albacore Tuna Quotas

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

ACTION: Proposed rule; request for comments; notice of public hearing.

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SUMMARY: NMFS proposes to modify the baseline annual U.S. quota and
subquotas for Atlantic bluefin tuna (BFT) and the baseline annual U.S.
North Atlantic albacore (northern albacore or NALB) quota. The proposed
action also would modify regulations to update regulatory language on
school BFT to reflect current ICCAT requirements. Finally, NMFS also
proposes to make a minor change to the Atlantic tunas size limit
regulations to address retention, possession, and landing of bigeye and
yellowfin tuna damaged by shark bites. This action is necessary to
implement binding recommendations of the International Commission for
the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic
Tunas Convention Act (ATCA), and to achieve domestic management
objectives under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).

DATES: Written comments must be received on or before August 6, 2018.
NMFS will host an operator-assisted public hearing conference call and
webinar on July 17, 2018, from 3 to 5 p.m. EDT, providing an
opportunity for individuals from all geographic areas to participate.
See SUPPLEMENTARY INFORMATION for further details.

ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2018-0004,'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0004, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Sarah McLaughlin, Highly
Migratory Species (HMS) Management Division, Office of Sustainable
Fisheries (F/SF1), NMFS, 55 Great Republic Drive, Gloucester, MA 01930.
Instructions: Comments sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered. All comments received are a part of the
public record and generally will be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
The public hearing conference call information is phone number 1-
800-593-7188; participant passcode 6548000. Participants are strongly
encouraged to log/dial in 15 minutes prior to the meeting. NMFS will
show a brief presentation via webinar followed by public comment. To
join the webinar, go to: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=e051cd980da5c8b77c9062c866bbb3c95; meeting number:
993 478 244; password: NOAA. Participants who have not used WebEx
before will be prompted to download and run a plug-in program that will
enable them to view the webinar.

[[Page 31518]]

Supporting documents, including the Environmental Assessment,
Regulatory Impact Review, and Initial Regulatory Flexibility Analysis,
may be downloaded from the HMS website at www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species/. These documents also are available
by contacting Sarah McLaughlin at the mailing address specified above.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.

SUPPLEMENTARY INFORMATION: Atlantic bluefin tuna, bigeye tuna, albacore
tuna, yellowfin tuna, and skipjack tuna (hereafter referred to as
``Atlantic tunas'') are managed under the dual authority of the
Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) and ATCA (16 U.S.C. 971
et seq.). As a member of ICCAT, the United States implements binding
ICCAT recommendations pursuant to ATCA, which authorizes the Secretary
of Commerce (Secretary) to promulgate regulations, as may be necessary
and appropriate to carry out ICCAT recommendations. The authority to
issue regulations under the Magnuson-Stevens Act and ATCA has been
delegated from the Secretary to the Assistant Administrator for
Fisheries, NMFS.
Regulations implemented under the authority of ATCA and the
Magnuson-Stevens Act governing the harvest of BFT and NALB by persons
and vessels subject to U.S. jurisdiction are found at 50 CFR part 635.
Section 635.27(a) subdivides the ICCAT-recommended U.S. BFT quota among
the various domestic fishing categories, per the allocations
established in the 2006 Consolidated Atlantic Highly Migratory Species
Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058,
October 2, 2006), as amended by Amendment 7 to the 2006 Consolidated
HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and provides the
annual BFT quota adjustment process. Section 635.27(e) implements the
ICCAT-recommended U.S. NALB quota and provides the annual NALB quota
adjustment process. Section 635.20(c) implements the size limit
restrictions applicable to BFT, bigeye tuna, and yellowfin tuna. 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 quotas.
Since 1982, ICCAT has recommended a Total Allowable Catch (TAC) of
western Atlantic BFT for contracting parties fishing on the stock, and
since 1991, ICCAT has recommended specific quotas within that TAC for
the United States and other contracting parties. Since 1999, ICCAT has
managed western BFT in accordance with a 20-year rebuilding program
adopted in 1998. Since 1998, ICCAT has adopted recommendations
regarding the NALB fishery, including quotas for the major harvesters.
In 2009, ICCAT established a NALB rebuilding program, including a TAC
and several provisions to limit catches by contracting parties (for
major and minor harvesters). ICCAT sets BFT and NALB conservation and
management measures, including TACs, following consideration of the
latest stock assessment information and management advice provided by
the Standing Committee on Research and Statistics (SCRS), ICCAT's
scientific body.
Through this action, NMFS proposes to adjust the annual U.S.
baseline BFT quota and subquotas and the annual U.S. baseline NALB
quota to implement the new quotas adopted in 2017 by ICCAT as required
by ATCA, and to achieve domestic management objectives under the
Magnuson-Stevens Act. NMFS also is proposing minor modifications to the
Atlantic tunas size limit regulations to address retention, possession,
and landing of bigeye and yellowfin tuna damaged by shark bites. This
change would allow retention, possession, and landing of bigeye and
yellowfin tuna for which the otherwise-required measurement to the fork
of the tail may not be possible, provided that the remainder of the
fish meets the applicable minimum sizes. Minimum fish size regulations
apply to Atlantic bluefin tuna, bigeye tuna, and yellowfin tuna but
this change would apply only to bigeye and yellowfin tunas. This change
is not a result of ICCAT recommendations but rather clarifies the
applicability of size limits to a situation that is not addressed by
the current regulations. The clarification is included in this action
for purposes of administrative efficiency and because it addresses
Atlantic tunas management, like the other actions being implemented
here. Finally, this action would modify regulations to update
regulatory language on school BFT to reflect current ICCAT
requirements.
NMFS has prepared an Environmental Assessment (EA), Regulatory
Impact Review (RIR), and an Initial Regulatory Flexibility Analysis
(IRFA), which analyze the anticipated environmental, social, and
economic impacts of several alternatives for each of the major issues
contained in this proposed rule. The list of alternatives and their
analyses are provided in the draft EA/RIR/IRFA and are not repeated
here in their entirety. The effects of the changes related to retention
of shark-bitten tunas are primarily economic and administrative in
nature and thus are not analyzed in the draft EA. The effects of
updating regulatory language on school BFT to reflect current ICCAT
requirements are administrative in nature and thus are not analyzed in
the draft EA.
A copy of the draft EA/RIR/IRFA prepared for this proposed rule is
available from NMFS (see ADDRESSES).

Bluefin Tuna Annual Quota and Subquotas

2017 ICCAT Stock Assessment and Recommendation

The SCRS took a substantially different approach in 2017 from prior
years in evaluating and providing management advice for the western BFT
stock. In the past, significant uncertainties in some population
characteristics resulted in assessments with very divergent stock
status estimates, creating serious challenges for management. In an
effort to improve this situation, the SCRS moved away from assessing
the western stock against biomass-based reference points and instead
evaluated the stock and provided management advice based on fishing
mortality rate-based reference points. The draft EA provides more
detailed information about the differences between the previous stock
assessments' approach and the current approach, focusing on the last
(2014) stock assessment, to offer more context and information.
In past western BFT stock assessments and updates, the SCRS
presented status and projection information based on two divergent
stock recruitment potential scenarios (low and high) and stated that it
had insufficient evidence to favor either scenario over the other.
Generally, under the low recruitment scenario, it was assumed that the
stock is not as productive as it once was (i.e., prior to the 1970s)
and therefore the maximum sustainable yield (MSY) is fairly low, and
the stock is considered rebuilt. Under the high recruitment scenario,
it was assumed that the stock could be much more productive as it
recovers and MSY is much higher. However, under this scenario, the
stock could not be rebuilt within the rebuilding period, even with no
catch. The SCRS' findings did not permit specification of a single MSY
level for management purposes. Given the conflicting scenarios, ICCAT
selected a TAC that would ensure continued stock growth under either
scenario. Following the 2014 stock assessment, NMFS applied domestic

[[Page 31519]]

stock status determination criteria and concluded that the status of
the stock should be changed from ``overfished and subject to
overfishing'' to ``overfished and no longer subject to overfishing,''
indicating an improved stock status under either scenario.
The SCRS next conducted a stock assessment for western Atlantic
bluefin tuna in 2017. The 2017 stock assessment report stated that,
despite considerable efforts to improve the historical data for the
western Atlantic bluefin tuna stock and resolve assessment
uncertainties, the SCRS has not gained any further insights into future
recruitment potential. The assessment concluded that any additional
improvements to the historical data are likely to be rather modest in
scope and the SCRS expects such insights to ``remain elusive.''
Moreover, the SCRS stated that the ICCAT Convention objective of
stabilizing the stock near the biomass necessary to produce MSY
(BMSY) by its very nature tends to prevent the stock from
reaching the high and low biomass levels needed to provide adequate
contrast for estimating the spawner-recruit relationship in this
situation, which may help resolve the divergent recruitment potential
scenarios. The SCRS indicated that it is not possible to calculate
biomass-based reference points (e.g., BMSY and the fishing
mortality rate consistent with achieving MSY, FMSY) without
additional knowledge (or making assumptions) about how future
recruitment potential relates to spawning stock biomass. In other
words, the SCRS continues to be unable to provide one BMSY
and corresponding allowable fishing mortality rate that applies
regardless of the stock's long-term recruitment potential. In light of
the continued inability to set such biomass-based reference points and
the unlikelihood of resolution in the near future, the SCRS decided to
take a new approach to the stock assessment, focusing on fishing
mortality rate-based reference points. The SCRS indicated that in other
situations with stocks facing such uncertainties, several fishing
mortality rate-based reference points have been recommended as proxies
for FMSY as a strategy for effective stock management. A
fishing mortality rate-based approach does not rely on or assume a
stock-recruitment relationship but is derived from the yield-per-
recruit curve. More detail about the F0.1 approach is
provided in the draft EA. The SCRS stated in the assessment that it
considers F0.1 to be a reasonable proxy for FMSY
for the western Atlantic bluefin tuna stock and indicated that fishing
consistently at F0.1 will, over the long-term, cause the
stock to fluctuate around the corresponding long-term biomass
(B0.1), whatever the future recruitment potential.
The SCRS advised that annual constant catches from 2018-2020 should
not be greater than 2,500 metric tons (mt) as that would exceed the
median yield associated with F0.1. A table showing the
probability of avoiding overfishing for various constant TACs was
included in the report. The SCRS noted that nearly all constant catch
options shown (i.e., TACs greater than 1,000 mt) would result in an
estimated decrease in biomass between 2018 and 2020; the percentage
decrease being larger for the larger catches. For further detail, see
pages 98 and 111 through 121 of the SCRS report at http://www.iccat.int/Documents/Meetings/Docs/2017_SCRS_REP_ENG.pdf.
At its November 2017 meeting, after considering the SCRS advice,
ICCAT adopted a recommendation for an interim conservation and
management plan for western Atlantic BFT for 2018 through 2020 (ICCAT
Recommendation 17-06). An interim approach was selected in light of the
SCRS' new stock assessment approach and ICCAT's development of
management procedures for the stock by 2020. Management procedures are
a way to manage stocks in light of stock assessment and other
scientific uncertainties and include use of stock monitoring, pre-
agreed actions based on triggers, and evaluation to help ensure
identified management objectives are achieved. See EA for more details.
The Recommendation includes a TAC of 2,350 mt annually (i.e., an
increase of approximately 17.5 percent) for each of 2018, 2019, and
2020. This TAC is within the SCRS-recommended range and provides a
buffer from the top end of the range to help further account for
identified stock assessment uncertainties. Relevant provisions of the
Recommendation by ICCAT Amending the Supplemental Recommendation by
ICCAT Concerning the Western Atlantic Bluefin Tuna Rebuilding Program
(Recommendation 16-08) were also maintained in Recommendation 17-06,
such as those involving effort and capacity limits, the 10-percent
limit on the amount of unused quota Contracting Parties may carry
forward, minimum fish size requirements and protection of small fish
(including the 10-percent tolerance limit on the harvest of BFT
measuring less than 115 cm and the procedures for addressing
overharvest of the tolerance limit), area and time restrictions,
transshipment, scientific research, and data and reporting
requirements.
Following the 2017 stock assessment, NMFS, applying domestic stock
status determination criteria, concluded that the overfished status of
the stock is unknown and the stock is not subject to overfishing,
stating that changing from overfished to unknown status was appropriate
given the continued inability to resolve the two widely divergent stock
recruitment potential scenarios and the SCRS' rejection of that
approach in the 2017 assessment in favor of a new approach.

Quotas and Domestic Allocations

Recommendation 17-06 maintained the quota sharing arrangement
(i.e., the percentages to each Contracting Party) of previous
recommendations. Under the ICCAT recommendation, the annual U.S. quota
is 1,247.86 mt, plus 25 mt to account for bycatch related to pelagic
longline fisheries in the Northeast Distant gear restricted area (NED),
resulting in a total of 1,272.86 mt. All TAC, quota, and weight
information in this action are whole weight amounts.
This action proposes implementing the ICCAT-recommended quota of
1,272.86 mt, which would remain in effect until changed (for instance
as a result of a new ICCAT BFT TAC and U.S. quota recommendation). NMFS
currently anticipates that the annual baseline quota and subquotas
would be in effect through 2020.
The ICCAT-recommended BFT quota proposed in this action would then
be divided among the established regulatory domestic BFT subquota
categories. First, 68 mt is subtracted from the annual U.S. baseline
BFT quota and allocated to the Longline category quota. Second, the
remaining quota is divided among the categories according to the
following percentages: General--47.1 percent; Angling--19.7 percent;
Harpoon--3.9 percent; Purse Seine--18.6 percent; Longline--8.1 percent
(plus the 68-mt initial allocation); Trap--0.1 percent; and Reserve--
2.5 percent.
The table below shows the proposed quotas and subquotas that result
from applying this process. These quotas would be codified at Sec.
635.27(a) and would remain in effect until changed.

[[Page 31520]]

Table 1--Proposed Annual Atlantic Bluefin Tuna Quotas
[In metric tons]
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----------------------------------------------------------------------------------------------------------------
Category Annual baseline quotas and subquotas
----------------------------------------------------------------------------------------------------------------
Quota Subquotas
----------------------------------------------------------------------------------------------------------------
General............................ 555.7
January-March \1\.......... 29.5 ..............
June-August................ 277.9 ..............
September.................. 147.3 ..............
October-November........... 72.2 ..............
December................... 28.9 ..............
Harpoon............................ 46.0
Longline........................... 163.6
Trap............................... 1.2 \2\
Purse Seine........................ 219.5
Angling............................ 232.4
School..................... 127.3 ..............
Reserve................. .............. 23.5
North of 39[deg]18' N .............. 49.0
lat.
South of 39[deg]18' N .............. 54.8
lat.
Large School/Small Medium.. 99.8 ..............
North of 39[deg]18' N .............. 47.1
lat.
South of 39[deg]18' N .............. 52.7
lat.
Trophy..................... 5.3 ..............
North of 39[deg]18' N .............. 1.8
lat.
South of 39[deg]18' N .............. 1.8
lat.
Gulf of Mexico.......... .............. 1.8
Reserve............................ \2\ 29.5
U.S. Baseline Quota................ \3\ 1,247.86
Total U.S. Quota, including 25 mt \3\ 1,272.86
for NED (Longline).
----------------------------------------------------------------------------------------------------------------
\1\ January 1 through the effective date of a closure notice filed by NMFS announcing that the January subquota
is reached or projected to be reached, or through March 31, whichever comes first.
\2\ Baseline amount shown. Does not reflect the annual quota reallocation process (for the Purse Seine and
Reserve category quotas) adopted in Amendment 7 and codified in the regulations.
\3\ Totals subject to rounding error.

Within the BFT quota proposed in this action and consistent with
the ICCAT-recommended limit on the harvest of school BFT (measuring 27
to less than 47 inches curved fork length (CFL)), the school BFT
subquota would be 127.3 mt. The proposed action also would amend the
regulations regarding annual quota adjustments to specify that NMFS may
adjust the annual school BFT subquota to ensure compliance with the
ICCAT-recommended procedures for addressing overharvest of school BFT.
This amendment is needed because the current regulatory text refers to
outdated language (regarding multi-year ``balancing periods'') from a
previous ICCAT recommendation.

NALB Annual Quota

Recent ICCAT Stock Assessment and Recommendations

In 2016, following consideration of the 2016 stock assessment,
which showed that the stock was no longer overfished and not subject to
overfishing, ICCAT determined that a rebuilding program was no longer
needed and adopted a recommendation for a conservation and management
program for northern albacore (ICCAT Recommendation 16-06 on a Multi-
Annual Conservation and Management Program for North Atlantic
Albacore). Recommendation 16-06 maintained the 28,000-mt TAC from the
prior recommendation for each of 2017 and 2018, with the possibility of
an increase to 30,000 mt for 2019-2020 subject to a decision by the
Commission based on updated SCRS advice in 2018. However, in the event
that ICCAT adopted a harvest control rule during the 2017-2020 period,
the recommendation called for the TAC to be modified accordingly. The
annual U.S. quota under that Recommendation was 527 mt. Key provisions
continued to include: Quotas for the major harvesters and catch limits
for other Contracting Parties and a 10-percent limit on the amount of
unused quota Contracting Parties may carry forward.
Recommendation 16-06 also incorporated capacity management measures
from other active recommendations, including language establishing an
authorized vessel list for NALB, operative paragraphs regarding
anticipated harvest control rules and management strategy evaluation
for the stock, and performance indicators to support future decision
making.
In 2017, following consideration of SCRS' work to test a set of
harvest control rules through management strategy evaluation
simulations, ICCAT adopted an interim harvest control rule for NALB,
the first for any ICCAT stock, with the goal of adopting a long-term
harvest control rule following further management strategy evaluation
testing over the next few years. ICCAT Recommendation 17-04
(Recommendation by ICCAT on a Harvest Control Rule for North Atlantic
Albacore Supplementing the Multiannual Conservation and Management
Programme, Recommendation 16-06) establishes various biomass and
fishing mortality rate-based reference points and includes the specific
harvest control rule formula and figure, as well as the formula for
setting the appropriate fishing mortality rate and, in turn, the TAC.
The 3-year constant annual TAC adopted by ICCAT in 2017 is 33,600 t for
2018-2020; this 20-percent increase from the current 28,000-t TAC is
consistent with the Commission's chosen stability clause, which limits
the TAC increase to 20

[[Page 31521]]

percent. Application of ICCAT's NALB allocations to Contracting Parties
results in a U.S. quota of 632.4 mt, which is a 20-percent increase
(105.4 mt) from the current 527-mt quota. The recommendation calls on
the SCRS to continue to develop the management strategy evaluation
framework over the 2018-2020 period and calls on ICCAT to review the
interim harvest control rule in 2020 with a view to adopting a long-
term management procedure at that point. ICCAT plans to consolidate
Recommendations 17-04 and 16-06, as well as consider refinements of the
interim harvest control rule, at the 2018 Commission meeting.
Following the 2016 stock assessment, NMFS applied domestic stock
status determination criteria and concluded that the status of the
stock should be changed from ``not overfished--rebuilding'' to
``rebuilt.''

Domestic Quotas

The currently-codified baseline annual U.S. NALB quota is 527 mt,
which NMFS implemented in 2015 to reflect the amount in the previous
ICCAT Recommendation (Recommendation 13-05, Supplemental Recommendation
by ICCAT Concerning the North Atlantic Albacore Rebuilding Program).
This action proposes implementing the current ICCAT-recommended quota
of 632.4 mt.

Modification of the Size Limit Regulations To Address Shark-Damaged
Bigeye and Yellowfin Tuna

Minimum fish size regulations have applied for Atlantic bluefin
tuna, bigeye tuna, and yellowfin tuna since 1996, when NMFS implemented
the 27-inch minimum size for BFT consistent with ICCAT requirements,
and also implemented a 27-inch minimum size for bigeye and yellowfin
tuna for identification and enforcement purposes. These fish may be
landed round with fins intact, or eviscerated with the head and fins
removed as long as one pectoral fin and the tail remain attached. They
cannot be filleted or cut into pieces at sea. The upper and lower lobes
of the tail may be removed from tunas for storage purposes but the fork
of the tail must remain intact.
To facilitate enforcement, total CFL is the sole criterion for
determining the size class of whole (with head) Atlantic tunas. CFL is
measured by tracing the contour of the body from the tip of the upper
jaw to the fork of the tail in a line that runs along the top of the
pectoral fin and the top of the caudal keel. Pectoral fin curved fork
length (PFCFL) is the sole criterion for determining the size class of
a bluefin tuna with the head removed and is multiplied by 1.35 to
obtain total CFL. For detailed diagrams and measuring instructions, see
the HMS Compliance Guides at www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-fishery-compliance-guides. Currently, the size limit regulations prohibit a person from
taking, retaining, or possessing a BFT, bigeye tuna, or yellowfin tuna
in the Atlantic Ocean that is less than 27 inches CFL. The regulations
also prohibit removing the head of a bigeye tuna or yellowfin tuna if
the remaining portion would be less than 27 inches from the fork of the
tail to the forward edge of the cut.
NMFS proposes minor modifications to the applicable Atlantic tunas
size limit regulations to address retention, possession, and landing of
bigeye and yellowfin damaged by shark bites. NMFS implemented similar
measures to address shark-damaged swordfish in 1996 (61 FR 27304, May
31, 1996). Specifically, NMFS proposes to add text to the size limit
regulations applicable to bigeye and yellowfin tunas to indicate that a
``bigeye or yellowfin tuna that is damaged by shark bites may be
retained, possessed, or landed only if the length of the remainder of
the fish is equal to or greater than 27 inches (69 cm).'' These changes
would allow retention, possession, and landing of yellowfin and bigeye
tuna for which a measurement to the fork of the tail may not be
possible, provided that the remainder of the fish meets the current
minimum size (e.g., 27 inches for yellowfin and bigeye tuna). For
enforcement purposes to preserve evidence that the carcass was shark-
bitten, the action also proposes that no tissue may be cut away from or
other alterations made to the shark-damaged area of the fish. The
effects of this change are primarily economic and administrative and no
environmental effects are anticipated because the change only allows
for retention of a very limited number of fish that would otherwise be
caught but need to be discarded.

Request for Comments

NMFS solicits comments on this proposed rule through August 6,
2018. See instructions in ADDRESSES section.

Public Hearing Conference Call

NMFS will hold a public hearing conference call and webinar on July
17, 2018, from 3 p.m. to 5 p.m. EDT, to allow for an additional
opportunity for interested members of the public from all geographic
areas to submit verbal comments on the proposed quota rule.
The public is reminded that NMFS expects participants at public
hearings and on conference calls to conduct themselves appropriately.
At the beginning of the conference call, a representative of NMFS will
explain the ground rules (all comments are to be directed to the agency
on the proposed action; attendees will be called to give their comments
in the order in which they registered to speak; each attendee will have
an equal amount of time to speak; and attendees should not interrupt
one another). The NMFS representative will attempt to structure the
meeting so that all attending members of the public will be able to
comment, if they so choose, regardless of the controversial nature of
the subject matter. If attendees do not respect the ground rules, they
will be asked to leave the conference call.

Classification

The NMFS Assistant Administrator has determined that the proposed
rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, the Magnuson-Stevens Act, ATCA, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for this
action are contained in the SUMMARY and SUPPLEMENTARY INFORMATION
sections of the preamble. A summary of the analysis follows. A copy of
this analysis is available from NMFS (see ADDRESSES).
In compliance with section 603(b)(1) of the RFA, the purpose of
this proposed rulemaking is, consistent with the 2006 Consolidated HMS
FMP objectives, the Magnuson-Stevens Act, and other applicable law, to
analyze the impacts of the alternatives for implementing the ICCAT-
recommended U.S. BFT and NALB quotas and allocating the BFT quota per
the codified quota regulations. The proposed action also would update
regulatory language on school BFT to reflect current ICCAT requirements
and would make a minor change to the Atlantic tunas size limit
regulations to address retention, possession, and landing of bigeye and
yellowfin tuna damaged by shark bites.
In compliance with section 603(b)(2) of the RFA, the objective of
this proposed rulemaking is to implement ICCAT recommendations and
achieve

[[Page 31522]]

domestic management objectives under the Magnuson-Stevens Act.
Section 603(b)(3) of the RFA requires Agencies to provide
descriptions of, and where feasible, an estimate of the number of small
entities to which the rule would apply. The Small Business
Administration (SBA) has established size criteria for all major
industry sectors in the United States, including fish harvesters.
Provision is made under SBA's regulations for an agency to develop its
own industry-specific size standards after consultation with Advocacy
and an opportunity for public comment (see 13 CFR 121.903(c)). Under
this provision, NMFS may establish size standards that differ from
those established by the SBA Office of Size Standards, but only for use
by NMFS and only for the purpose of conducting an analysis of economic
effects in fulfillment of the agency's obligations under the RFA. To
utilize this provision, NMFS must publish such size standards in the
Federal Register, which NMFS did in a December 29, 2015, final rule (80
FR 81194) which was effective on July 1, 2016 (50 CFR 200.2). In 50 CFR
200.2, NMFS established a small business size standard of $11 million
in annual gross receipts for all businesses in the commercial fishing
industry (NAICS 11411) for RFA compliance purposes. NMFS considers all
commercial HMS permit holders to be small entities because they had
average annual receipts of less than $11 million for commercial
fishing.
As described in the recently published final rule to implement
quarterly Individual Bluefin Quota (IBQ) accounting (82 FR 61489,
December 28, 2017), the average annual gross revenue per active pelagic
longline vessel was estimated to be $308,050 for 2013 through 2016.
NMFS considers all HMS Atlantic Tunas Longline permit holders (280 as
of October 2017) to be small entities because these vessels have
reported annual gross receipts of less than $11 million for commercial
fishing. The average annual gross revenue per active pelagic longline
vessel was estimated to be $187,000, based on the 170 active vessels
between 2006 and 2012 that produced an estimated $31.8 million in
revenue annually. The maximum annual revenue for any pelagic longline
vessel between 2006 and 2015 was $1.9 million, well below the NMFS
small business size threshold of $11 million in gross receipts for
commercial fishing. NMFS is unaware of any other Atlantic Tunas
category permit holders that potentially could earn more than $11
million in revenue annually. HMS Angling category permits, which are
recreational fishing permits, are typically obtained by individuals who
are not considered small entities for purposes of the RFA. Therefore,
NMFS considers all Atlantic Tunas permit holders and HMS Charter/
Headboat permit holders subject to this action to be small entities.
This action would apply to all participants in the Atlantic tunas
fisheries, i.e., to the over 27,000 vessels that held an Atlantic HMS
Charter/Headboat, Atlantic HMS Angling, or an Atlantic Tunas permit as
of October 2017. This proposed rule is expected to directly affect
commercial and for-hire fishing vessels that possess an Atlantic Tunas
permit or Atlantic HMS Charter/Headboat permit. It is unknown what
portion of HMS Charter/Headboat permit holders actively participate in
the BFT and NALB fisheries or fishing services for recreational
anglers. As summarized in the 2017 SAFE Report for Atlantic HMS, there
were 6,855 commercial Atlantic tunas or Atlantic HMS permits in 2017,
as follows: 2,940 in the Atlantic Tunas General category; 11 in the
Atlantic Tunas Harpoon category; 5 in the Atlantic Tunas Purse Seine
category; 280 in the Atlantic Tunas Longline category; 1 in the
Atlantic Tunas Trap category; and 3,618 in the HMS Charter/Headboat
category. In the process of developing the IBQ regulations implemented
in the final rule for Amendment 7 to the 2006 Consolidated HMS FMP
(Amendment 7) (79 FR 71510, December 2, 2014), NMFS deemed 136 Longline
category vessels as eligible for IBQ shares (i.e., 136 vessels reported
a set in the HMS logbook between 2006 and 2012 and had valid Atlantic
Tunas Longline category permits on a vessel as of August 21, 2013, the
publication date of the Amendment 7 proposed rule). This constitutes
the best available information regarding the universe of permits and
permit holders recently analyzed. It is unknown what portion of fishery
participants would benefit from the minor change in the regulations to
allow retention, possession, and landing of shark-damaged bigeye and
yellowfin tuna, for which a measurement to the fork of the tail may not
be possible, provided that the remainder of the fish meets the current
minimum sizes (e.g., 27 inches for yellowfin, and bigeye tunas). NMFS
has determined that this action would not likely directly affect any
small government jurisdictions defined under the RFA.
Under section 603(b)(4) of the RFA, agencies are required to
describe any new reporting, record-keeping, and other compliance
requirements. The action does not contain any new collection of
information, reporting, or record-keeping requirements.
Under section 603(b)(5) of the RFA, agencies must identify, to the
extent practicable, relevant Federal rules which duplicate, overlap, or
conflict with the proposed rule. Fishermen, dealers, and managers in
these fisheries must comply with a number of international agreements,
domestic laws, and other FMPs. These include, but are not limited to,
the Magnuson-Stevens Act, ATCA, the High Seas Fishing Compliance Act,
the Marine Mammal Protection Act, the Endangered Species Act (ESA), the
National Environmental Policy Act, the Paperwork Reduction Act, and the
Coastal Zone Management Act. This proposed rule has also been
determined not to duplicate, overlap, or conflict with any relevant
regulations, Federal or otherwise.
Under section 603(c) of the RFA, agencies are required to describe
any significant alternatives to the proposed rule which accomplish the
stated objectives of the applicable statutes and which minimize any
significant economic impacts of the proposed rule on small entities.
These alternatives and their impacts are discussed below. Additionally,
the RFA (5 U.S.C. 603(c)(1)-(4)) lists four general categories of
significant alternatives that would assist an agency in the development
of significant alternatives. These categories of alternatives are: (1)
Establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) use of performance rather than design standards; and, (4)
exemptions from coverage of the rule, or any part thereof, for small
entities.
Regarding the first, second, and fourth categories, NMFS cannot
establish differing compliance or reporting requirements for small
entities or exempt small entities from coverage of the rule or parts of
it, because all of the businesses impacted by this rule are considered
small entities, and thus the requirements are already designed for
small entities. Thus, no alternatives are discussed that fall under the
first and fourth categories described above. Amendment 7 in 2014
implemented criteria for determining the availability of BFT quota for
Purse Seine fishery category participants and IBQs for the Longline
category. Both of these and the eligibility criteria for IBQs and
access to the Cape Hatteras Gear Restricted Area

[[Page 31523]]

for the Longline category can be considered individual performance
standards. NMFS has not yet found a practical means of applying
individual performance standards to the other quota categories while
concurrently complying with the Magnuson-Stevens Act. Thus, there are
no alternatives considered under the third category.
NMFS has estimated the average impact that establishing the
increased annual U.S. baseline BFT quota for all domestic fishing
categories would have on individual categories and the vessels within
those categories. As mentioned above, the 2017 BFT ICCAT recommendation
increased the annual U.S. baseline BFT quota for each of 2018, 2019,
and 2020 to 1,247.86 mt and provides 25 mt annually for incidental
catch of BFT related to directed longline fisheries in the NED. The
annual U.S. baseline BFT subquotas would be adjusted consistent with
the process (i.e., the formulas) established in Amendment 7 (79 FR
71510, December 2, 2014) and as codified in the quota regulations, and
these amounts (in mt) would be codified.
This rulemaking proposes to implement the recently adopted ICCAT-
recommended U.S. BFT and NALB quotas and, for BFT, to apply the
allocations for each quota category per the codified quota regulations.
This action would be consistent with ATCA, under which the Secretary
promulgates regulations as necessary and appropriate to implement
binding ICCAT recommendations.
To calculate the average ex-vessel BFT revenues under this action,
NMFS first estimated potential category-wide revenues. The most recent
ex-vessel average price per pound information for each commercial quota
category is used to estimate potential ex-vessel gross revenues under
the proposed subquotas (i.e., 2017 prices for the General, Harpoon, and
Longline/Trap categories, and 2015 prices for the Purse Seine
category). For comparison, in 2017, gross revenues were approximately
$9.2 million, broken out by category as follows: General--$7.8 million,
Harpoon--$496,968, Purse Seine--$0, Longline--$878,824, and Trap--$0.
The proposed baseline subquotas could result in estimated gross
revenues of $10 million annually, if finalized and fully utilized,
broken out by category as follows: General category: $6.5 million
(555.7 mt * $5.30/lb); Harpoon category: $526,326 (46 mt * $5.19/lb);
Purse Seine category: $1.5 million (219.5 mt * $3.21/lb); Longline
category: $1.4 million (163.6 mt * $3.99/lb); and Trap category:
$10,556 (1.2 mt * $3.99/lb).
No affected entities would be expected to experience negative,
direct economic impacts as a result of this action. On the contrary,
each of the BFT quota categories would increase relative to the
baseline quotas that applied in 2015 through 2017. To the extent that
Purse Seine fishery participants and IBQ participants could receive
additional quota as a result of the Amendment 7-implemented allocation
formulas being applied to increases in available Purse Seine and
Longline category quota, those participants would receive varying
amounts of an increase, which would result in direct benefits from
either increased fishing opportunities or quota leasing.
To estimate potential average ex-vessel revenues that could result
from this action for BFT, NMFS divides the potential annual gross
revenues for the General, Harpoon, Purse Seine, and Trap category by
the number of permit holders. For the Longline category, NMFS divides
the potential annual gross revenues by the number of IBQ share
recipients. This is an appropriate approach for BFT fisheries, in
particular, because available landings data (weight and ex-vessel value
of the fish in price-per-pound) allow NMFS to calculate the gross
revenue earned by a fishery participant on a successful trip. The
available data (particularly from non-Longline participants) do not,
however, allow NMFS to calculate the effort and cost associated with
each successful trip (e.g., the cost of gas, bait, ice, etc.), so net
revenue for each participant cannot be calculated. As a result, NMFS
analyzes the average impact of the proposed alternatives among all
participants in each category.
Success rates vary widely across participants in each category (due
to extent of vessel effort and availability of commercial-sized BFT to
participants where they fish), but for the sake of estimating potential
revenues per vessel, category-wide revenues can be divided by the
number of permitted vessels in each category. For the Longline fishery,
actual revenues would depend, in part, on each vessel's IBQ in 2018. It
is unknown what portion of HMS Charter/Headboat permit holders actively
participate in the BFT fishery. HMS Charter/Headboat vessels may fish
commercially under the General category quota and retention limits.
Therefore, NMFS is estimating potential General category ex-vessel
revenue changes using the number of General category vessels only.
Estimated potential 2018 revenues on a per vessel basis,
considering the number of permit holders listed above and the proposed
subquotas, could be $2,409 for the General category; $47,848 for the
Harpoon category; $310,670 for the Purse Seine category; $10,582 for
the Longline category, using the 136 IBQ share recipients; and $10,556
for the Trap category. Thus, all of the entities affected by this rule
are considered to be small entities for the purposes of the RFA.
Consistent with the codified BFT quota regulations at Sec.
635.27(a)(v), NMFS will continue to annually calculate the quota
available to historical Purse Seine fishery participants and reallocate
the remaining Purse Seine category quota to the Reserve category. NMFS
will further adjust those amounts if the annual U.S. baseline BFT quota
in this proposed rule is finalized. The analyses in this IRFA are
limited to the proposed baseline subquotas.
Because the directed commercial categories have underharvested
their subquotas in recent years, the potential increases in ex-vessel
revenues above may overestimate the probable economic impacts to those
categories relative to recent conditions. Additionally, there has been
substantial interannual variability in ex-vessel revenues in each
category in recent years, due to recent changes in BFT availability and
other factors.
The 2017 NALB ICCAT recommendation increased the annual U.S.
baseline NALB quota for each of 2018, 2019, and 2020 to 632.4 mt. Based
on knowledge of current participants in the fishery and estimated gross
revenues, NMFS considers all of the entities affected by the NALB quota
action be small entities for the purposes of the RFA.
NMFS does not subdivide the U.S. NALB quota into category
subquotas. The most recent ex-vessel average price per pound
information is used to estimate potential ex-vessel gross revenues. The
proposed baseline subquotas could result in estimated gross revenues of
$1.8 million annually, if finalized and fully utilized ((632.4 mt/1.25)
* $1.63/lb dw). No affected entities would be expected to experience
negative, direct economic impacts as a result of this action.
The proposed change to the regulatory text concerning Atlantic
bigeye and yellowfin tuna size limits applies to all fishery
participants but is not expected to have significant economic impacts.
This is because shark damage to caught bigeye and yellowfin tuna is
rare, and the proposed change to the regulatory text is not expected to
result in changes to Atlantic tunas fishery operations.

[[Page 31524]]

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.

Dated: June 29, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 635 to read as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

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

0
2. Amend Sec. 635.20, by revising paragraph (c)(3) to read as follows:

Sec. 635.20 Size limits.

* * * * *
(c) * * *
(3) No person aboard a vessel shall remove the head of a bigeye
tuna or yellowfin tuna if the remaining portion would be less than 27
inches (69 cm) from the fork of the tail to the forward edge of the
cut. A bigeye or yellowfin tuna that is damaged by shark bites may be
retained, possessed, or landed only if the length of the remainder of
the fish is equal to or greater than 27 inches (69 cm). No person shall
cut or otherwise alter the shark-damaged area in any manner.
* * * * *
0
3. Amend Sec. 635.27, by revising paragraphs (a) introductory text,
(a)(1)(i), (a)(2), (a)(3), (a)(4)(i), (a)(5), (a)(6), (a)(7)(i),
(a)(7)(ii), (a)(10)(iii), and (e)(1) to read as follows:

Sec. 635.27 Quotas.

(a) Bluefin tuna. Consistent with ICCAT recommendations, and with
paragraph (a)(10)(iv) of this section, NMFS may subtract the most
recent, complete, and available estimate of dead discards from the
annual U.S. bluefin tuna quota, and make the remainder available to be
retained, possessed, or landed by persons and vessels subject to U.S.
jurisdiction. The remaining baseline annual U.S. bluefin tuna quota
will be allocated among the General, Angling, Harpoon, Purse Seine,
Longline, Trap, and Reserve categories, as described in this section.
Bluefin tuna quotas are specified in whole weight. The baseline annual
U.S. bluefin tuna quota is 1,247.86 mt, not including an additional
annual 25-mt allocation provided in paragraph (a)(3) of this section.
The bluefin quota for the quota categories is calculated through the
following process. First, 68 mt is subtracted from the baseline annual
U.S. bluefin tuna quota and allocated to the Longline category quota.
Second, the remaining quota is divided among the categories according
to the following percentages: General--47.1 percent (555.7 mt);
Angling--19.7 percent (232.4 mt), which includes the school bluefin
tuna held in reserve as described under paragraph (a)(7)(ii) of this
section; Harpoon--3.9 percent (46 mt); Purse Seine--18.6 percent (219.5
mt); Longline--8.1 percent (95.6) plus the 68-mt allocation (i.e.,
163.6 mt total not including the 25-mt allocation from paragraph
(a)(3)); Trap--0.1 percent (1.2 mt); and Reserve--2.5 percent (29.5
mt). NMFS may make inseason and annual adjustments to quotas as
specified in paragraphs (a)(9) and (10) of this section, including
quota adjustments as a result of the annual reallocation of Purse Seine
quota described under paragraph (a)(4)(v) of this section.
(1) * * *
(i) Catches from vessels for which General category Atlantic Tunas
permits have been issued and certain catches from vessels for which an
HMS Charter/Headboat permit has been issued are counted against the
General category quota in accordance with Sec. 635.23(c)(3). Pursuant
to paragraph (a) of this section, the amount of large medium and giant
bluefin tuna that may be caught, retained, possessed, landed, or sold
under the General category quota is 555.7 mt, and is apportioned as
follows, unless modified as described under paragraph (a)(1)(ii) of
this section:
(A) January 1 through the effective date of a closure notice filed
by NMFS announcing that the January subquota is reached, or projected
to be reached under Sec. 635.28(a)(1), or through March 31, whichever
comes first--5.3 percent (29.5 mt);
(B) June 1 through August 31--50 percent (277.9 mt);
(C) September 1 through September 30--26.5 percent (147.3 mt);
(D) October 1 through November 30--13 percent (72.2 mt); and
(E) December 1 through December 31--5.2 percent (28.9 mt).
* * * * *
(2) Angling category quota. In accordance with the framework
procedures of the Consolidated HMS FMP, prior to each fishing year, or
as early as feasible, NMFS will establish the Angling category daily
retention limits. In accordance with paragraph (a) of this section, the
total amount of bluefin tuna that may be caught, retained, possessed,
and landed by anglers aboard vessels for which an HMS Angling permit or
an HMS Charter/Headboat permit has been issued is 232.4 mt. No more
than 2.3 percent (5.3 mt) of the annual Angling category quota may be
large medium or giant bluefin tuna. In addition, no more than 10
percent of the annual U.S. bluefin tuna quota, inclusive of the
allocation specified in paragraph (a)(3) of this section, may be school
bluefin tuna (i.e., 127.3 mt). The Angling category quota includes the
amount of school bluefin tuna held in reserve under paragraph
(a)(7)(ii) of this section. The size class subquotas for bluefin tuna
are further subdivided as follows:
(i) After adjustment for the school bluefin tuna quota held in
reserve (under paragraph (a)(7)(ii) of this section), 52.8 percent
(54.8 mt) of the school bluefin tuna Angling category quota may be
caught, retained, possessed, or landed south of 39[deg]18' N. lat. The
remaining school bluefin tuna Angling category quota (49 mt) may be
caught, retained, possessed or landed north of 39[deg]18' N. lat.
(ii) An amount equal to 52.8 percent (52.7 mt) of the large school/
small medium bluefin tuna Angling category quota may be caught,
retained, possessed, or landed south of 39[deg]18' N. lat. The
remaining large school/small medium bluefin tuna Angling category quota
(47.1 mt) may be caught, retained, possessed or landed north of
39[deg]18' N. lat.
(iii) One third (1.8 mt) of the large medium and giant bluefin tuna
Angling category quota may be caught retained, possessed, or landed, in
each of the three following geographic areas: North of 39[deg]18' N.
lat.; south of 39[deg]18' N. lat., and outside of the Gulf of Mexico;
and in the Gulf of Mexico. For the purposes of this section, the Gulf
of Mexico region includes all waters of the U.S. EEZ west and north of
the boundary stipulated at 50 CFR 600.105(c).
(3) Longline category quota. Pursuant to paragraph (a) of this
section, the total amount of large medium and giant bluefin tuna that
may be caught, discarded dead, or retained, possessed, or landed by
vessels that possess Atlantic Tunas Longline category permits is 163.6
mt. In addition, 25 mt shall be allocated for incidental catch by
pelagic longline vessels fishing in the Northeast Distant gear
restricted area, and subject to the restrictions under Sec.
635.15(b)(8).
(4) * * *
(i) Baseline Purse Seine quota. Pursuant to paragraph (a) of this
section, the baseline amount of large medium and giant bluefin tuna
that may be

[[Page 31525]]

caught, retained, possessed, or landed by vessels that possess Atlantic
Tunas Purse Seine category permits is 219.5 mt, unless adjusted as a
result of inseason and/or annual adjustments to quotas as specified in
paragraphs (a)(9) and (10) of this section; or adjusted (prior to
allocation to individual participants) based on the previous year's
catch as described under paragraph (a)(4)(v) of this section. Annually,
NMFS will make a determination when the Purse Seine fishery will start,
based on variations in seasonal distribution, abundance or migration
patterns of bluefin tuna, cumulative and projected landings in other
commercial fishing categories, the potential for gear conflicts on the
fishing grounds, or market impacts due to oversupply. NMFS will start
the bluefin tuna purse seine season between June 1 and August 15, by
filing an action with the Office of the Federal Register, and notifying
the public. The Purse Seine category fishery closes on December 31 of
each year.
* * * * *
(5) Harpoon category quota. The total amount of large medium and
giant bluefin tuna that may be caught, retained, possessed, landed, or
sold by vessels that possess Harpoon category Atlantic Tunas permits is
46 mt. The Harpoon category fishery commences on June 1 of each year,
and closes on November 15 of each year.
(6) Trap category quota. The total amount of large medium and giant
bluefin tuna that may be caught, retained, possessed, or landed by
vessels that possess Trap category Atlantic Tunas permits is 1.2 mt.
(7) * * *
(i) The total amount of bluefin tuna that is held in reserve for
inseason or annual adjustments and research using quota or subquotas is
29.5 mt, which may be augmented by allowable underharvest from the
previous year, or annual reallocation of Purse Seine category quota as
described under paragraph (a)(4)(v) of this section. Consistent with
paragraphs (a)(8) through (10) of this section, NMFS may allocate any
portion of the Reserve category quota for inseason or annual
adjustments to any fishing category quota.
(ii) The total amount of school bluefin tuna that is held in
reserve for inseason or annual adjustments and fishery-independent
research is 18.5 percent (23.5 mt) of the total school bluefin tuna
Angling category quota as described under paragraph (a)(2) of this
section. This amount is in addition to the amounts specified in
paragraph (a)(7)(i) of this section. Consistent with paragraph (a)(8)
of this section, NMFS may allocate any portion of the school bluefin
tuna Angling category quota held in reserve for inseason or annual
adjustments to the Angling category.
* * * * *
(10) * * *
(iii) Regardless of the estimated landings in any year, NMFS may
adjust the annual school bluefin tuna quota to ensure compliance with
the ICCAT-recommended procedures for addressing overharvest of school
bluefin tuna.
* * * * *
(e) Northern albacore tuna--(1) Annual quota. Consistent with ICCAT
recommendations and domestic management objectives, the total baseline
annual fishery quota is 632.4 mt ww. The total quota, after any
adjustments made per paragraph (e)(2) of this section, is the fishing
year's total amount of northern albacore tuna that may be landed by
persons and vessels subject to U.S. jurisdiction.
* * * * *

[FR Doc. 2018-14452 Filed 7-5-18; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31519

stock status determination criteria and considers F0.1 to be a reasonable proxy small fish (including the 10-percent
concluded that the status of the stock for FMSY for the western Atlantic bluefin tolerance limit on the harvest of BFT
should be changed from ‘‘overfished tuna stock and indicated that fishing measuring less than 115 cm and the
and subject to overfishing’’ to consistently at F0.1 will, over the long- procedures for addressing overharvest of
‘‘overfished and no longer subject to term, cause the stock to fluctuate around the tolerance limit), area and time
overfishing,’’ indicating an improved the corresponding long-term biomass restrictions, transshipment, scientific
stock status under either scenario. (B0.1), whatever the future recruitment research, and data and reporting
The SCRS next conducted a stock potential. requirements.
assessment for western Atlantic bluefin The SCRS advised that annual Following the 2017 stock assessment,
tuna in 2017. The 2017 stock assessment constant catches from 2018–2020 NMFS, applying domestic stock status
report stated that, despite considerable should not be greater than 2,500 metric determination criteria, concluded that
efforts to improve the historical data for tons (mt) as that would exceed the the overfished status of the stock is
the western Atlantic bluefin tuna stock median yield associated with F0.1. A unknown and the stock is not subject to
and resolve assessment uncertainties, table showing the probability of overfishing, stating that changing from
the SCRS has not gained any further avoiding overfishing for various overfished to unknown status was
insights into future recruitment constant TACs was included in the appropriate given the continued
potential. The assessment concluded report. The SCRS noted that nearly all inability to resolve the two widely
that any additional improvements to the constant catch options shown (i.e., divergent stock recruitment potential
historical data are likely to be rather TACs greater than 1,000 mt) would scenarios and the SCRS’ rejection of that
modest in scope and the SCRS expects result in an estimated decrease in approach in the 2017 assessment in
such insights to ‘‘remain elusive.’’ biomass between 2018 and 2020; the favor of a new approach.
Moreover, the SCRS stated that the percentage decrease being larger for the
ICCAT Convention objective of Quotas and Domestic Allocations
larger catches. For further detail, see
stabilizing the stock near the biomass pages 98 and 111 through 121 of the Recommendation 17–06 maintained
necessary to produce MSY (BMSY) by its SCRS report at http://www.iccat.int/ the quota sharing arrangement (i.e., the
very nature tends to prevent the stock Documents/Meetings/Docs/2017_SCRS_ percentages to each Contracting Party)
from reaching the high and low biomass REP_ENG.pdf. of previous recommendations. Under
levels needed to provide adequate At its November 2017 meeting, after the ICCAT recommendation, the annual
contrast for estimating the spawner- considering the SCRS advice, ICCAT U.S. quota is 1,247.86 mt, plus 25 mt to
recruit relationship in this situation, adopted a recommendation for an account for bycatch related to pelagic
which may help resolve the divergent interim conservation and management longline fisheries in the Northeast
recruitment potential scenarios. The plan for western Atlantic BFT for 2018 Distant gear restricted area (NED),
SCRS indicated that it is not possible to through 2020 (ICCAT Recommendation resulting in a total of 1,272.86 mt. All
calculate biomass-based reference 17–06). An interim approach was TAC, quota, and weight information in
points (e.g., BMSY and the fishing selected in light of the SCRS’ new stock this action are whole weight amounts.
mortality rate consistent with achieving assessment approach and ICCAT’s This action proposes implementing
MSY, FMSY) without additional development of management procedures the ICCAT-recommended quota of
knowledge (or making assumptions) for the stock by 2020. Management 1,272.86 mt, which would remain in
about how future recruitment potential procedures are a way to manage stocks effect until changed (for instance as a
relates to spawning stock biomass. In in light of stock assessment and other result of a new ICCAT BFT TAC and
other words, the SCRS continues to be scientific uncertainties and include use U.S. quota recommendation). NMFS
unable to provide one BMSY and of stock monitoring, pre-agreed actions currently anticipates that the annual
corresponding allowable fishing based on triggers, and evaluation to help baseline quota and subquotas would be
mortality rate that applies regardless of ensure identified management in effect through 2020.
the stock’s long-term recruitment objectives are achieved. See EA for more The ICCAT-recommended BFT quota
potential. In light of the continued details. The Recommendation includes proposed in this action would then be
inability to set such biomass-based a TAC of 2,350 mt annually (i.e., an divided among the established
reference points and the unlikelihood of increase of approximately 17.5 percent) regulatory domestic BFT subquota
resolution in the near future, the SCRS for each of 2018, 2019, and 2020. This categories. First, 68 mt is subtracted
decided to take a new approach to the TAC is within the SCRS-recommended from the annual U.S. baseline BFT quota
stock assessment, focusing on fishing range and provides a buffer from the top and allocated to the Longline category
mortality rate-based reference points. end of the range to help further account quota. Second, the remaining quota is
The SCRS indicated that in other for identified stock assessment divided among the categories according
situations with stocks facing such uncertainties. Relevant provisions of the to the following percentages: General—
uncertainties, several fishing mortality Recommendation by ICCAT Amending 47.1 percent; Angling—19.7 percent;
rate-based reference points have been the Supplemental Recommendation by Harpoon—3.9 percent; Purse Seine—
recommended as proxies for FMSY as a ICCAT Concerning the Western Atlantic 18.6 percent; Longline—8.1 percent
strategy for effective stock management. Bluefin Tuna Rebuilding Program (plus the 68-mt initial allocation);
A fishing mortality rate-based approach (Recommendation 16–08) were also Trap—0.1 percent; and Reserve—2.5
does not rely on or assume a stock- maintained in Recommendation 17–06, percent.
daltland on DSKBBV9HB2PROD with PROPOSALS

recruitment relationship but is derived such as those involving effort and The table below shows the proposed
from the yield-per-recruit curve. More capacity limits, the 10-percent limit on quotas and subquotas that result from
detail about the F0.1 approach is the amount of unused quota Contracting applying this process. These quotas
provided in the draft EA. The SCRS Parties may carry forward, minimum would be codified at § 635.27(a) and
stated in the assessment that it fish size requirements and protection of would remain in effect until changed.

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31520 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules

TABLE 1—PROPOSED ANNUAL ATLANTIC BLUEFIN TUNA QUOTAS
[In metric tons]

Category Annual baseline quotas and subquotas

Quota Subquotas

General ........................................................... 555.7
January–March 1 ............................................ 29.5 ........................
June–August .................................................. 277.9 ........................
September ...................................................... 147.3 ........................
October–November ........................................ 72.2 ........................
December ....................................................... 28.9 ........................
Harpoon .......................................................... 46.0
Longline ........................................................... 163.6
Trap ................................................................. 1.2 2
Purse Seine .................................................... 219.5
Angling ............................................................ 232.4
School ............................................................ 127.3 ........................
Reserve ................................................... ........................ 23.5
North of 39°18′ N lat ............................... ........................ 49.0
South of 39°18′ N lat .............................. ........................ 54.8
Large School/Small Medium .......................... 99.8 ........................
North of 39°18′ N lat ............................... ........................ 47.1
South of 39°18′ N lat .............................. ........................ 52.7
Trophy ............................................................ 5.3 ........................
North of 39°18′ N lat ............................... ........................ 1.8
South of 39°18′ N lat .............................. ........................ 1.8
Gulf of Mexico ......................................... ........................ 1.8
Reserve ........................................................... 2 29.5

U.S. Baseline Quota ....................................... 3 1,247.86

Total U.S. Quota, including 25 mt for NED 3 1,272.86

(Longline).
1 January 1 through the effective date of a closure notice filed by NMFS announcing that the January subquota is reached or projected to be
reached, or through March 31, whichever comes first.
2 Baseline amount shown. Does not reflect the annual quota reallocation process (for the Purse Seine and Reserve category quotas) adopted
in Amendment 7 and codified in the regulations.
3 Totals subject to rounding error.

Within the BFT quota proposed in Recommendation 16–06 on a Multi- stock, and performance indicators to
this action and consistent with the Annual Conservation and Management support future decision making.
ICCAT-recommended limit on the Program for North Atlantic Albacore). In 2017, following consideration of
harvest of school BFT (measuring 27 to Recommendation 16–06 maintained the SCRS’ work to test a set of harvest
less than 47 inches curved fork length 28,000-mt TAC from the prior control rules through management
(CFL)), the school BFT subquota would recommendation for each of 2017 and strategy evaluation simulations, ICCAT
be 127.3 mt. The proposed action also 2018, with the possibility of an increase adopted an interim harvest control rule
would amend the regulations regarding to 30,000 mt for 2019–2020 subject to a for NALB, the first for any ICCAT stock,
annual quota adjustments to specify that decision by the Commission based on with the goal of adopting a long-term
NMFS may adjust the annual school updated SCRS advice in 2018. However, harvest control rule following further
BFT subquota to ensure compliance in the event that ICCAT adopted a management strategy evaluation testing
with the ICCAT-recommended harvest control rule during the 2017– over the next few years. ICCAT
procedures for addressing overharvest of Recommendation 17–04
2020 period, the recommendation called
school BFT. This amendment is needed (Recommendation by ICCAT on a
for the TAC to be modified accordingly.
because the current regulatory text Harvest Control Rule for North Atlantic
refers to outdated language (regarding The annual U.S. quota under that
Recommendation was 527 mt. Key Albacore Supplementing the
multi-year ‘‘balancing periods’’) from a Multiannual Conservation and
previous ICCAT recommendation. provisions continued to include: Quotas
for the major harvesters and catch limits Management Programme,
NALB Annual Quota for other Contracting Parties and a 10- Recommendation 16–06) establishes
percent limit on the amount of unused various biomass and fishing mortality
Recent ICCAT Stock Assessment and rate-based reference points and includes
Recommendations quota Contracting Parties may carry
the specific harvest control rule formula
forward.
In 2016, following consideration of and figure, as well as the formula for
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the 2016 stock assessment, which Recommendation 16–06 also setting the appropriate fishing mortality
showed that the stock was no longer incorporated capacity management rate and, in turn, the TAC. The 3-year
overfished and not subject to measures from other active constant annual TAC adopted by ICCAT
overfishing, ICCAT determined that a recommendations, including language in 2017 is 33,600 t for 2018–2020; this
rebuilding program was no longer establishing an authorized vessel list for 20-percent increase from the current
needed and adopted a recommendation NALB, operative paragraphs regarding 28,000-t TAC is consistent with the
for a conservation and management anticipated harvest control rules and Commission’s chosen stability clause,
program for northern albacore (ICCAT management strategy evaluation for the which limits the TAC increase to 20

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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31521

percent. Application of ICCAT’s NALB removed and is multiplied by 1.35 to The public is reminded that NMFS
allocations to Contracting Parties results obtain total CFL. For detailed diagrams expects participants at public hearings
in a U.S. quota of 632.4 mt, which is a and measuring instructions, see the and on conference calls to conduct
20-percent increase (105.4 mt) from the HMS Compliance Guides at themselves appropriately. At the
current 527-mt quota. The www.fisheries.noaa.gov/atlantic-highly- beginning of the conference call, a
recommendation calls on the SCRS to migratory-species/atlantic-highly- representative of NMFS will explain the
continue to develop the management migratory-species-fishery-compliance- ground rules (all comments are to be
strategy evaluation framework over the guides. Currently, the size limit directed to the agency on the proposed
2018–2020 period and calls on ICCAT to regulations prohibit a person from action; attendees will be called to give
review the interim harvest control rule taking, retaining, or possessing a BFT, their comments in the order in which
in 2020 with a view to adopting a long- bigeye tuna, or yellowfin tuna in the they registered to speak; each attendee
term management procedure at that Atlantic Ocean that is less than 27 will have an equal amount of time to
point. ICCAT plans to consolidate inches CFL. The regulations also speak; and attendees should not
Recommendations 17–04 and 16–06, as prohibit removing the head of a bigeye interrupt one another). The NMFS
well as consider refinements of the tuna or yellowfin tuna if the remaining representative will attempt to structure
interim harvest control rule, at the 2018 portion would be less than 27 inches the meeting so that all attending
Commission meeting. from the fork of the tail to the forward members of the public will be able to
Following the 2016 stock assessment, edge of the cut. comment, if they so choose, regardless
NMFS applied domestic stock status NMFS proposes minor modifications of the controversial nature of the subject
determination criteria and concluded to the applicable Atlantic tunas size matter. If attendees do not respect the
that the status of the stock should be limit regulations to address retention, ground rules, they will be asked to leave
changed from ‘‘not overfished— possession, and landing of bigeye and the conference call.
rebuilding’’ to ‘‘rebuilt.’’ yellowfin damaged by shark bites.
NMFS implemented similar measures to Classification
Domestic Quotas The NMFS Assistant Administrator
address shark-damaged swordfish in
The currently-codified baseline 1996 (61 FR 27304, May 31, 1996). has determined that the proposed rule is
annual U.S. NALB quota is 527 mt, Specifically, NMFS proposes to add text consistent with the 2006 Consolidated
which NMFS implemented in 2015 to to the size limit regulations applicable HMS FMP and its amendments, the
reflect the amount in the previous to bigeye and yellowfin tunas to Magnuson-Stevens Act, ATCA, and
ICCAT Recommendation indicate that a ‘‘bigeye or yellowfin tuna other applicable law, subject to further
(Recommendation 13–05, Supplemental that is damaged by shark bites may be consideration after public comment.
Recommendation by ICCAT Concerning retained, possessed, or landed only if This proposed rule has been
the North Atlantic Albacore Rebuilding the length of the remainder of the fish determined to be not significant for
Program). This action proposes is equal to or greater than 27 inches (69 purposes of Executive Order 12866.
implementing the current ICCAT- cm).’’ These changes would allow An IRFA was prepared, as required by
recommended quota of 632.4 mt. retention, possession, and landing of section 603 of the Regulatory Flexibility
yellowfin and bigeye tuna for which a Act (RFA). The IRFA describes the
Modification of the Size Limit economic impact this proposed rule, if
Regulations To Address Shark- measurement to the fork of the tail may
not be possible, provided that the adopted, would have on small entities.
Damaged Bigeye and Yellowfin Tuna A description of the action, why it is
remainder of the fish meets the current
Minimum fish size regulations have minimum size (e.g., 27 inches for being considered, and the legal basis for
applied for Atlantic bluefin tuna, bigeye yellowfin and bigeye tuna). For this action are contained in the SUMMARY
tuna, and yellowfin tuna since 1996, enforcement purposes to preserve and SUPPLEMENTARY INFORMATION
when NMFS implemented the 27-inch evidence that the carcass was shark- sections of the preamble. A summary of
minimum size for BFT consistent with bitten, the action also proposes that no the analysis follows. A copy of this
ICCAT requirements, and also tissue may be cut away from or other analysis is available from NMFS (see
implemented a 27-inch minimum size alterations made to the shark-damaged ADDRESSES).
for bigeye and yellowfin tuna for area of the fish. The effects of this In compliance with section 603(b)(1)
identification and enforcement change are primarily economic and of the RFA, the purpose of this proposed
purposes. These fish may be landed administrative and no environmental rulemaking is, consistent with the 2006
round with fins intact, or eviscerated effects are anticipated because the Consolidated HMS FMP objectives, the
with the head and fins removed as long change only allows for retention of a Magnuson-Stevens Act, and other
as one pectoral fin and the tail remain very limited number of fish that would applicable law, to analyze the impacts
attached. They cannot be filleted or cut otherwise be caught but need to be of the alternatives for implementing the
into pieces at sea. The upper and lower discarded. ICCAT-recommended U.S. BFT and
lobes of the tail may be removed from NALB quotas and allocating the BFT
tunas for storage purposes but the fork Request for Comments quota per the codified quota regulations.
of the tail must remain intact. NMFS solicits comments on this The proposed action also would update
To facilitate enforcement, total CFL is proposed rule through August 6, 2018. regulatory language on school BFT to
the sole criterion for determining the See instructions in ADDRESSES section. reflect current ICCAT requirements and
size class of whole (with head) Atlantic would make a minor change to the
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tunas. CFL is measured by tracing the Public Hearing Conference Call Atlantic tunas size limit regulations to
contour of the body from the tip of the NMFS will hold a public hearing address retention, possession, and
upper jaw to the fork of the tail in a line conference call and webinar on July 17, landing of bigeye and yellowfin tuna
that runs along the top of the pectoral 2018, from 3 p.m. to 5 p.m. EDT, to damaged by shark bites.
fin and the top of the caudal keel. allow for an additional opportunity for In compliance with section 603(b)(2)
Pectoral fin curved fork length (PFCFL) interested members of the public from of the RFA, the objective of this
is the sole criterion for determining the all geographic areas to submit verbal proposed rulemaking is to implement
size class of a bluefin tuna with the head comments on the proposed quota rule. ICCAT recommendations and achieve

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31522 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules

domestic management objectives under permits, which are recreational fishing collection of information, reporting, or
the Magnuson-Stevens Act. permits, are typically obtained by record-keeping requirements.
Section 603(b)(3) of the RFA requires individuals who are not considered Under section 603(b)(5) of the RFA,
Agencies to provide descriptions of, and small entities for purposes of the RFA. agencies must identify, to the extent
where feasible, an estimate of the Therefore, NMFS considers all Atlantic practicable, relevant Federal rules
number of small entities to which the Tunas permit holders and HMS Charter/ which duplicate, overlap, or conflict
rule would apply. The Small Business Headboat permit holders subject to this with the proposed rule. Fishermen,
Administration (SBA) has established action to be small entities. dealers, and managers in these fisheries
size criteria for all major industry This action would apply to all must comply with a number of
sectors in the United States, including participants in the Atlantic tunas international agreements, domestic
fish harvesters. Provision is made under fisheries, i.e., to the over 27,000 vessels laws, and other FMPs. These include,
SBA’s regulations for an agency to that held an Atlantic HMS Charter/ but are not limited to, the Magnuson-
develop its own industry-specific size Headboat, Atlantic HMS Angling, or an Stevens Act, ATCA, the High Seas
standards after consultation with Atlantic Tunas permit as of October Fishing Compliance Act, the Marine
Advocacy and an opportunity for public 2017. This proposed rule is expected to Mammal Protection Act, the Endangered
comment (see 13 CFR 121.903(c)). directly affect commercial and for-hire Species Act (ESA), the National
Under this provision, NMFS may fishing vessels that possess an Atlantic Environmental Policy Act, the
establish size standards that differ from Tunas permit or Atlantic HMS Charter/ Paperwork Reduction Act, and the
those established by the SBA Office of Headboat permit. It is unknown what Coastal Zone Management Act. This
Size Standards, but only for use by portion of HMS Charter/Headboat proposed rule has also been determined
NMFS and only for the purpose of permit holders actively participate in not to duplicate, overlap, or conflict
conducting an analysis of economic the BFT and NALB fisheries or fishing with any relevant regulations, Federal or
effects in fulfillment of the agency’s services for recreational anglers. As otherwise.
obligations under the RFA. To utilize summarized in the 2017 SAFE Report Under section 603(c) of the RFA,
this provision, NMFS must publish such for Atlantic HMS, there were 6,855 agencies are required to describe any
size standards in the Federal Register, commercial Atlantic tunas or Atlantic significant alternatives to the proposed
which NMFS did in a December 29, HMS permits in 2017, as follows: 2,940 rule which accomplish the stated
2015, final rule (80 FR 81194) which in the Atlantic Tunas General category; objectives of the applicable statutes and
was effective on July 1, 2016 (50 CFR 11 in the Atlantic Tunas Harpoon which minimize any significant
200.2). In 50 CFR 200.2, NMFS category; 5 in the Atlantic Tunas Purse economic impacts of the proposed rule
established a small business size Seine category; 280 in the Atlantic on small entities. These alternatives and
standard of $11 million in annual gross Tunas Longline category; 1 in the their impacts are discussed below.
receipts for all businesses in the Atlantic Tunas Trap category; and 3,618 Additionally, the RFA (5 U.S.C.
commercial fishing industry (NAICS in the HMS Charter/Headboat category. 603(c)(1)–(4)) lists four general
11411) for RFA compliance purposes. In the process of developing the IBQ categories of significant alternatives that
NMFS considers all commercial HMS regulations implemented in the final would assist an agency in the
permit holders to be small entities rule for Amendment 7 to the 2006 development of significant alternatives.
because they had average annual Consolidated HMS FMP (Amendment 7) These categories of alternatives are: (1)
receipts of less than $11 million for (79 FR 71510, December 2, 2014), NMFS Establishment of differing compliance
commercial fishing. deemed 136 Longline category vessels or reporting requirements or timetables
As described in the recently as eligible for IBQ shares (i.e., 136 that take into account the resources
published final rule to implement vessels reported a set in the HMS available to small entities; (2)
quarterly Individual Bluefin Quota logbook between 2006 and 2012 and clarification, consolidation, or
(IBQ) accounting (82 FR 61489, had valid Atlantic Tunas Longline simplification of compliance and
December 28, 2017), the average annual category permits on a vessel as of reporting requirements under the rule
gross revenue per active pelagic longline August 21, 2013, the publication date of for such small entities; (3) use of
vessel was estimated to be $308,050 for the Amendment 7 proposed rule). This performance rather than design
2013 through 2016. NMFS considers all constitutes the best available standards; and, (4) exemptions from
HMS Atlantic Tunas Longline permit information regarding the universe of coverage of the rule, or any part thereof,
holders (280 as of October 2017) to be permits and permit holders recently for small entities.
small entities because these vessels have analyzed. It is unknown what portion of Regarding the first, second, and fourth
reported annual gross receipts of less fishery participants would benefit from categories, NMFS cannot establish
than $11 million for commercial fishing. the minor change in the regulations to differing compliance or reporting
The average annual gross revenue per allow retention, possession, and landing requirements for small entities or
active pelagic longline vessel was of shark-damaged bigeye and yellowfin exempt small entities from coverage of
estimated to be $187,000, based on the tuna, for which a measurement to the the rule or parts of it, because all of the
170 active vessels between 2006 and fork of the tail may not be possible, businesses impacted by this rule are
2012 that produced an estimated $31.8 provided that the remainder of the fish considered small entities, and thus the
million in revenue annually. The meets the current minimum sizes (e.g., requirements are already designed for
maximum annual revenue for any 27 inches for yellowfin, and bigeye small entities. Thus, no alternatives are
pelagic longline vessel between 2006 tunas). NMFS has determined that this discussed that fall under the first and
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and 2015 was $1.9 million, well below action would not likely directly affect fourth categories described above.
the NMFS small business size threshold any small government jurisdictions Amendment 7 in 2014 implemented
of $11 million in gross receipts for defined under the RFA. criteria for determining the availability
commercial fishing. NMFS is unaware Under section 603(b)(4) of the RFA, of BFT quota for Purse Seine fishery
of any other Atlantic Tunas category agencies are required to describe any category participants and IBQs for the
permit holders that potentially could new reporting, record-keeping, and Longline category. Both of these and the
earn more than $11 million in revenue other compliance requirements. The eligibility criteria for IBQs and access to
annually. HMS Angling category action does not contain any new the Cape Hatteras Gear Restricted Area

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31524 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules

List of Subjects in 50 CFR Part 635 of this section. The bluefin quota for the retained, possessed, and landed by
Fisheries, Fishing, Fishing vessels, quota categories is calculated through anglers aboard vessels for which an
Foreign relations, Imports, Penalties, the following process. First, 68 mt is HMS Angling permit or an HMS
Reporting and recordkeeping subtracted from the baseline annual U.S. Charter/Headboat permit has been
requirements, Treaties. bluefin tuna quota and allocated to the issued is 232.4 mt. No more than 2.3
Longline category quota. Second, the percent (5.3 mt) of the annual Angling
Dated: June 29, 2018. category quota may be large medium or
remaining quota is divided among the
Samuel D. Rauch, III, categories according to the following giant bluefin tuna. In addition, no more
Deputy Assistant Administrator for percentages: General—47.1 percent than 10 percent of the annual U.S.
Regulatory Programs, National Marine (555.7 mt); Angling—19.7 percent (232.4 bluefin tuna quota, inclusive of the
Fisheries Service. allocation specified in paragraph (a)(3)
mt), which includes the school bluefin
For the reasons set out in the tuna held in reserve as described under of this section, may be school bluefin
preamble, NMFS proposes to amend 50 paragraph (a)(7)(ii) of this section; tuna (i.e., 127.3 mt). The Angling
CFR part 635 to read as follows: Harpoon—3.9 percent (46 mt); Purse category quota includes the amount of
Seine—18.6 percent (219.5 mt); school bluefin tuna held in reserve
PART 635—ATLANTIC HIGHLY Longline—8.1 percent (95.6) plus the under paragraph (a)(7)(ii) of this section.
MIGRATORY SPECIES 68-mt allocation (i.e., 163.6 mt total not The size class subquotas for bluefin tuna
including the 25-mt allocation from are further subdivided as follows:
■ 1. The authority citation for part 635 (i) After adjustment for the school
continues to read as follows: paragraph (a)(3)); Trap—0.1 percent (1.2
mt); and Reserve—2.5 percent (29.5 mt). bluefin tuna quota held in reserve
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. NMFS may make inseason and annual (under paragraph (a)(7)(ii) of this
1801 et seq. section), 52.8 percent (54.8 mt) of the
adjustments to quotas as specified in
■ 2. Amend § 635.20, by revising paragraphs (a)(9) and (10) of this school bluefin tuna Angling category
paragraph (c)(3) to read as follows: section, including quota adjustments as quota may be caught, retained,
a result of the annual reallocation of possessed, or landed south of 39°18′ N.
§ 635.20 Size limits. lat. The remaining school bluefin tuna
Purse Seine quota described under
* * * * * paragraph (a)(4)(v) of this section. Angling category quota (49 mt) may be
(c) * * * caught, retained, possessed or landed
(3) No person aboard a vessel shall (1) * * *
(i) Catches from vessels for which north of 39°18′ N. lat.
remove the head of a bigeye tuna or (ii) An amount equal to 52.8 percent
yellowfin tuna if the remaining portion General category Atlantic Tunas permits
have been issued and certain catches (52.7 mt) of the large school/small
would be less than 27 inches (69 cm) medium bluefin tuna Angling category
from the fork of the tail to the forward from vessels for which an HMS Charter/
quota may be caught, retained,
edge of the cut. A bigeye or yellowfin Headboat permit has been issued are
possessed, or landed south of 39°18′ N.
tuna that is damaged by shark bites may counted against the General category
lat. The remaining large school/small
be retained, possessed, or landed only if quota in accordance with § 635.23(c)(3).
medium bluefin tuna Angling category
the length of the remainder of the fish Pursuant to paragraph (a) of this section,
quota (47.1 mt) may be caught, retained,
is equal to or greater than 27 inches (69 the amount of large medium and giant
possessed or landed north of 39°18′ N.
cm). No person shall cut or otherwise bluefin tuna that may be caught,
lat.
alter the shark-damaged area in any retained, possessed, landed, or sold (iii) One third (1.8 mt) of the large
manner. under the General category quota is medium and giant bluefin tuna Angling
555.7 mt, and is apportioned as follows, category quota may be caught retained,
* * * * * unless modified as described under
■ 3. Amend § 635.27, by revising possessed, or landed, in each of the
paragraph (a)(1)(ii) of this section: three following geographic areas: North
paragraphs (a) introductory text,
(A) January 1 through the effective of 39°18′ N. lat.; south of 39°18′ N. lat.,
(a)(1)(i), (a)(2), (a)(3), (a)(4)(i), (a)(5),
date of a closure notice filed by NMFS and outside of the Gulf of Mexico; and
(a)(6), (a)(7)(i), (a)(7)(ii), (a)(10)(iii), and
announcing that the January subquota is in the Gulf of Mexico. For the purposes
(e)(1) to read as follows:
reached, or projected to be reached of this section, the Gulf of Mexico
§ 635.27 Quotas. under § 635.28(a)(1), or through March region includes all waters of the U.S.
(a) Bluefin tuna. Consistent with 31, whichever comes first—5.3 percent EEZ west and north of the boundary
ICCAT recommendations, and with (29.5 mt); stipulated at 50 CFR 600.105(c).
paragraph (a)(10)(iv) of this section, (B) June 1 through August 31—50 (3) Longline category quota. Pursuant
NMFS may subtract the most recent, percent (277.9 mt); to paragraph (a) of this section, the total
complete, and available estimate of dead (C) September 1 through September amount of large medium and giant
discards from the annual U.S. bluefin 30—26.5 percent (147.3 mt); bluefin tuna that may be caught,
tuna quota, and make the remainder (D) October 1 through November 30— discarded dead, or retained, possessed,
available to be retained, possessed, or 13 percent (72.2 mt); and or landed by vessels that possess
landed by persons and vessels subject to (E) December 1 through December Atlantic Tunas Longline category
U.S. jurisdiction. The remaining 31—5.2 percent (28.9 mt). permits is 163.6 mt. In addition, 25 mt
baseline annual U.S. bluefin tuna quota * * * * * shall be allocated for incidental catch by
will be allocated among the General, (2) Angling category quota. In pelagic longline vessels fishing in the
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Angling, Harpoon, Purse Seine, accordance with the framework Northeast Distant gear restricted area,
Longline, Trap, and Reserve categories, procedures of the Consolidated HMS and subject to the restrictions under
as described in this section. Bluefin FMP, prior to each fishing year, or as § 635.15(b)(8).
tuna quotas are specified in whole early as feasible, NMFS will establish (4) * * *
weight. The baseline annual U.S. the Angling category daily retention (i) Baseline Purse Seine quota.
bluefin tuna quota is 1,247.86 mt, not limits. In accordance with paragraph (a) Pursuant to paragraph (a) of this section,
including an additional annual 25-mt of this section, the total amount of the baseline amount of large medium
allocation provided in paragraph (a)(3) bluefin tuna that may be caught, and giant bluefin tuna that may be

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$Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31525 caught, retained, possessed, or landed Atlantic Tunas permits is 46 mt. The This amount is in addition to the by vessels that possess Atlantic Tunas Harpoon category fishery commences on amounts specified in paragraph (a)(7)(i) Purse Seine category permits is 219.5 June 1 of each year, and closes on of this section. Consistent with mt, unless adjusted as a result of November 15 of each year. paragraph (a)(8) of this section, NMFS inseason and/or annual adjustments to (6) Trap category quota. The total may allocate any portion of the school quotas as specified in paragraphs (a)(9) amount of large medium and giant bluefin tuna Angling category quota and (10) of this section; or adjusted bluefin tuna that may be caught, held in reserve for inseason or annual (prior to allocation to individual retained, possessed, or landed by adjustments to the Angling category. participants) based on the previous vessels that possess Trap category * * * * * year’s catch as described under Atlantic Tunas permits is 1.2 mt. (10) * * * paragraph (a)(4)(v) of this section. (7) * * * (iii) Regardless of the estimated Annually, NMFS will make a (i) The total amount of bluefin tuna landings in any year, NMFS may adjust determination when the Purse Seine that is held in reserve for inseason or the annual school bluefin tuna quota to fishery will start, based on variations in annual adjustments and research using ensure compliance with the ICCAT- seasonal distribution, abundance or quota or subquotas is 29.5 mt, which recommended procedures for migration patterns of bluefin tuna, may be augmented by allowable addressing overharvest of school bluefin cumulative and projected landings in underharvest from the previous year, or tuna. other commercial fishing categories, the annual reallocation of Purse Seine * * * * * potential for gear conflicts on the fishing category quota as described under grounds, or market impacts due to (e) Northern albacore tuna—(1) paragraph (a)(4)(v) of this section. oversupply. NMFS will start the bluefin Annual quota. Consistent with ICCAT Consistent with paragraphs (a)(8) tuna purse seine season between June 1 recommendations and domestic through (10) of this section, NMFS may and August 15, by filing an action with management objectives, the total allocate any portion of the Reserve the Office of the Federal Register, and baseline annual fishery quota is 632.4 category quota for inseason or annual notifying the public. The Purse Seine mt ww. The total quota, after any adjustments to any fishing category category fishery closes on December 31 adjustments made per paragraph (e)(2) quota. of each year. of this section, is the fishing year’s total (ii) The total amount of school bluefin amount of northern albacore tuna that * * * * * tuna that is held in reserve for inseason may be landed by persons and vessels (5) Harpoon category quota. The total or annual adjustments and fishery- subject to U.S. jurisdiction. amount of large medium and giant independent research is 18.5 percent bluefin tuna that may be caught, (23.5 mt) of the total school bluefin tuna * * * * * retained, possessed, landed, or sold by Angling category quota as described [FR Doc. 2018–14452 Filed 7–5–18; 8:45 am] vessels that possess Harpoon category under paragraph (a)(2) of this section. BILLING CODE 3510–22–P daltland on DSKBBV9HB2PROD with PROPOSALS VerDate Sep<11>2014 17:10 Jul 05, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4702 Sfmt 9990 E:\FR\FM\06JYP1.SGM 06JYP1$

Document Created: 2018-07-06 00:46:51
Document Modified: 2018-07-06 00:46:51

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		Proposed Rules
Action		Proposed rule; request for comments; notice of public hearing.
Dates		Written comments must be received on or before August 6, 2018. NMFS will host an operator-assisted public hearing conference call and webinar on July 17, 2018, from 3 to 5 p.m. EDT, providing an opportunity for individuals from all geographic areas to participate. See SUPPLEMENTARY INFORMATION for further details.
Contact		Sarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation		83 FR 31517
RIN Number		0648-BH54
CFR Associated		Fisheries; Fishing; Fishing Vessels; Foreign Relations; Imports; Penalties; Reporting and Recordkeeping Requirements and Treaties

83 FR 31517 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and Northern Albacore Tuna Quotas

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 130 (July 6, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration