83_FR_48027 83 FR 47843 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

83 FR 47843 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range47843-47845
FR Document2018-20603

NMFS transfers 60 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the September 2018 subquota period and closes the General category fishery for large medium and giant BFT until the General category reopens on October 1, 2018. The quota transfer is intended to provide additional fishing opportunities based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT. Given that the adjusted quota is projected to be caught quickly, the closure is to prevent overharvest of the adjusted General category September 2018 BFT subquota.

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47843-47845]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20603]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XG489


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; General category September fishery for 2018; 
inseason bluefin tuna quota transfer and closure.

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SUMMARY: NMFS transfers 60 metric tons (mt) of Atlantic bluefin tuna 
(BFT) quota from the Reserve category to the September 2018 subquota 
period and closes the General category fishery for large medium and 
giant BFT until the General category reopens on October 1, 2018. The 
quota transfer is intended to provide additional fishing opportunities 
based on consideration of the regulatory determination criteria 
regarding inseason adjustments and applies to Atlantic tunas General 
category (commercial) permitted vessels and Highly Migratory Species 
(HMS) Charter/Headboat category permitted vessels with a commercial 
sale endorsement when fishing commercially for BFT. Given that the 
adjusted quota is projected to be caught quickly, the closure is to 
prevent overharvest of the adjusted General category September 2018 BFT 
subquota.

DATES: The quota transfer is effective September 18, 2018 through 
September 30, 2018. The closure is effective 11:30 p.m., local time, 
September 23, 2018, through September 30, 2018.

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

[[Page 47844]]


SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by 
persons and vessels subject to U.S. jurisdiction are found at 50 CFR 
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) and as implemented by the United States among the various 
domestic fishing categories, per the allocations established in the 
2006 Consolidated Highly Migratory Species Fishery Management Plan 
(2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended 
by Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 
71510, December 2, 2014). NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable 
opportunity to harvest the ICCAT-recommended quota.
    NMFS is required, under regulations at Sec.  635.28(a)(1), to file 
a closure notice for publication with the Office of the Federal 
Register when a BFT quota is reached or is projected to be reached. On 
and after the effective date and time of such notification, for the 
remainder of the fishing year or for a specified period as indicated in 
the notification, retaining, possessing, or landing BFT under that 
quota category is prohibited until the opening of the subsequent quota 
period or until such date as specified in the notice.
    The current baseline General and Reserve category quotas are 466.7 
mt and 24.8 mt, respectively. See Sec.  635.27(a). Each of the General 
category time periods (January, June through August, September, October 
through November, and December) is allocated a ``subquota'' or portion 
of the annual General category quota. Although it is called the 
``January'' subquota, the regulations allow the General category 
fishery under this quota to continue until the subquota is reached or 
March 31, whichever comes first. The subquotas for each time period are 
as follows: 24.7 mt for January; 233.3 mt for June through August; 
123.7 mt for September; 60.7 mt for October through November; and 24.3 
mt for December. Any unused General category quota rolls forward within 
the fishing year, which coincides with the calendar year, from one time 
period to the next, and is available for use in subsequent time 
periods. To date for 2018, NMFS has published three actions that have 
adjusted the available 2018 Reserve category quota, leaving 78.5 mt 
currently available (83 FR 9232, March 5, 2018, 83 FR 17110, April 18, 
2018, and 83 FR 38664, August 7, 2018).
    Although NMFS has published a proposed rule (83 FR 31517, July 6, 
2018) to increase the baseline U.S. bluefin tuna quota from 1,058.79 mt 
to 1,247.86 mt and subquotas for 2018 (including an expected increase 
in the General category September time period subquota from 123.7 mt to 
147.3 mt, consistent with the annual bluefin tuna quota calculation 
process established in Sec.  635.27(a)), NMFS does not anticipate that 
the final rule (the ``quota rule'') will be effective until late 
September 2018.

Transfer of 60 mt From the Reserve Category to the General Category

    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories, after considering regulatory 
determination criteria provided under Sec.  635.27(a)(8). NMFS has 
considered all of the relevant determination criteria and their 
applicability to this inseason quota transfer. These considerations 
include, but are not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(8)(i)), biological samples 
collected from BFT landed by General category fishermen and provided by 
bluefin tuna dealers continue to provide valuable data for ongoing 
scientific studies of bluefin tuna age and growth, migration, and 
reproductive status. Additional opportunity to land bluefin tuna in the 
General category would support the continued collection of a broad 
range of data for these studies and for stock monitoring purposes.
    NMFS also considered the catches of the General category quota to 
date and the likelihood of closure of that segment of the fishery if no 
adjustment is made (Sec.  635.27(a)(8)(ii) and (ix)). As of September 
17, 2018, the General category landed 145.6 mt. This represents 118 
percent of the baseline September subquota (123.7 mt) and 79 percent of 
the September quota under the ICCAT quota rule, if finalized as 
proposed (147.3 mt). At the time of drafting of this inseason action, 
the General category subquota has not yet been exceeded, and 
commercial-sized bluefin tuna remain available in the areas where 
General category permitted vessels operate at this time of year. Given 
the lag between initiation of an inseason action and its 
implementation, however, this notice also closes the fishery, as NMFS 
anticipates the transferred quota will be caught quickly. Transferring 
60 mt of quota from the Reserve category would result in 183.7 mt being 
available for the September 2018 subquota period (207.3 mt if the ICCAT 
quota rule is finalized as proposed), thus effectively providing 
limited additional opportunities to harvest the U.S. bluefin tuna quota 
while avoiding exceeding it.
    Regarding the projected ability of the vessels fishing under the 
particular category quota (here, the General category) to harvest the 
additional amount of BFT before the end of the fishing year (Sec.  
635.27(a)(8)(iii)), NMFS anticipates that all of the 60 mt of quota 
will be used by September 23, based on current figures and the amount 
of quota being transferred, but this is also subject to weather 
conditions and bluefin tuna availability. In the unlikely event that 
any of this quota is unused by September 30, such quota will roll 
forward to the next subperiod within the calendar year (i.e., the 
October through November period), and NMFS anticipates that it would be 
used before the end of the fishing year.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the fishery might be exceeded (Sec.  
635.27(a)(8)(iv)) and the ability to account for all 2018 landings and 
dead discards. In the last several years, total U.S. BFT landings have 
been below the available U.S. quota such that the United States has 
carried forward the maximum amount of underharvest allowed by ICCAT 
from one year to the next. NMFS will need to account for 2018 landings 
and dead discards within the adjusted U.S. quota, consistent with ICCAT 
recommendations, and anticipates having sufficient quota to do that, 
even with the 60 mt transfer to the General category for the September 
fishery. Given the upcoming expected increases in available 2018 quota, 
from the ICCAT quota rule increase, the resulting recalculation of 2018 
available Purse Seine category quota and transfer to the Reserve 
category, and carryover of 2017 underharvest, NMFS anticipates that the 
transfer in this action to the General category will have no 
deleterious effects on NMFS' flexibility related to other categories 
for the remainder of the year.
    This transfer would be consistent with the current quotas, which 
were established and analyzed in the 2015 BFT quota final rule (80 FR 
52198, August 28, 2015), and with objectives of the 2006 Consolidated 
HMS FMP and amendments. (Sec.  635.27(a)(8)(v) and (vi)). Another 
principal consideration is the objective of providing opportunities to

[[Page 47845]]

harvest the full annual U.S. BFT quota without exceeding it based on 
the goals of the 2006 Consolidated HMS FMP and Amendment 7, including 
to achieve optimum yield on a continuing basis and to optimize the 
ability of all permit categories to harvest their full BFT quota 
allocations (related to Sec.  635.27(a)(8)(x)). Specific to the General 
category, this includes providing opportunity equitably across all time 
periods.
    Based on the considerations above, NMFS is transferring 60 mt of 
the available 78.5 mt of Reserve category quota to the General category 
for the September 2018 fishery, resulting in a subquota of 183.7 mt for 
the September 2018 fishery and 18.5 mt in the Reserve category.

Closure of the September 2018 General Category Fishery

    Based on the best available bluefin tuna General category landings 
information (i.e., 145.6 mt landed as of September 17, 2018) as well as 
average catch rates and anticipated fishing conditions, NMFS projects 
that the General category September subquota of 183.7 mt, as adjusted 
in this action, will be reached by September 23, 2018, and that the 
fishery should be closed to avoid exceedance of the adjusted quota. 
Through this action, we are closing the General category bluefin tuna 
fishery effective 11:30 p.m., September 23, 2018, through September 30, 
2018. The fishery will reopen on October 1, 2018, with a baseline quota 
of 60.7 mt (72.2 mt under the ICCAT quota rule, if finalized as 
proposed) available for the October through November time period. 
Therefore, retaining, possessing, or landing large medium or giant BFT 
by persons aboard vessels permitted in the Atlantic tunas General and 
HMS Charter/Headboat categories must cease at 11:30 p.m. local time on 
September 23, 2018. The General category will reopen automatically on 
October 1, 2018, for the October through November 2018 subquota period. 
This action applies to those vessels permitted in the General category, 
as well as to those HMS Charter/Headboat permitted vessels with a 
commercial sale endorsement when fishing commercially for BFT fishing 
commercially for BFT. For information regarding the HMS Charter/
Headboat commercial sale endorsement, see 82 FR 57543, December 6, 
2017. The intent of this closure is to prevent overharvest of the 
available General category September BFT subquota.
    Fishermen may catch and release (or tag and release) BFT of all 
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs at Sec.  635.26. All BFT that are released must be 
handled in a manner that will maximize their survival, and without 
removing the fish from the water, consistent with requirements at Sec.  
635.21(a)(1). For additional information on safe handling, see the 
``Careful Catch and Release'' brochure available at www.nmfs.noaa.gov/sfa/hms/.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
receiving BFT. Late reporting by dealers compromises NMFS' ability to 
timely implement actions such as quota and retention limit adjustment, 
as well as closures, and may result in enforcement actions. 
Additionally, and separate from the dealer reporting requirement, 
General and HMS Charter/Headboat category vessel owners are required to 
report the catch of all BFT retained or discarded dead within 24 hours 
of the landing(s) or end of each trip, by accessing 
hmspermits.noaa.gov, using the HMS Catch Reporting app, or calling 
(888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.).
    Depending on the level of fishing effort and catch rates of BFT, 
NMFS may determine that additional action (e.g., quota adjustment, 
daily retention limit adjustment, or closure) is necessary to ensure 
available subquotas are not exceeded or to enhance scientific data 
collection from, and fishing opportunities in, all geographic areas. If 
needed, subsequent adjustments will be published in the Federal 
Register. In addition, fishermen may call the Atlantic Tunas 
Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for 
updates on quota monitoring and inseason adjustments.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP and 
amendments provide for inseason quota transfers and fishery closures to 
respond to the unpredictable nature of BFT availability on the fishing 
grounds, the migratory nature of this species, and the regional 
variations in the BFT fishery. These fisheries are currently underway 
and the currently available quota for the subcategory is projected to 
be reached shortly. Affording prior notice and opportunity for public 
comment to implement the quota transfer is impracticable and contrary 
to the public interest as such a delay would likely result in 
exceedance of the General category September fishery subquota or 
earlier closure of the fishery while fish are available on the fishing 
grounds. Subquota exceedance may result in the need to reduce quota for 
the General category later in the year and thus could affect later 
fishing opportunities. Therefore, the AA finds good cause under 5 
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public 
comment. For all of the above reasons, there also is good cause under 5 
U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec. Sec.  635.27(a)(9) and 
635.28(a)(1), and is exempt from review under Executive Order 12866.

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

    Dated: September 18, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-20603 Filed 9-18-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                                              Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations                                             47843

                                             publicly available only in hard copy                    groundwater cleanup standards in a                      Authority: 33 U.S.C. 1321(d); 42 U.S.C.
                                             form. Publicly available docket                         reasonable timeframe (in this case,                   9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
                                             materials are available either                          under 300 years) due to Site-specific                 2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
                                             electronically through http://                          hydrogeological and contaminant                       3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
                                                                                                                                                           FR 2923, 3 CFR, 1987 Comp., p. 193.
                                             www.regulations.gov or in hard copy at                  conditions. The 2013 ROD Amendment
                                             the site information repository.                        also adjusted the institutional control               Appendix B to Part 300—[Amended]
                                             Location, contacts, phone numbers and                   requirements of the remedy selected in
                                             viewing hours for the site information                  the 1990 Record of Decision (ROD) with                ■  2. Table 1 of appendix B to part 300
                                             repository are:                                         more specifics on the land use controls               is amended by removing the listing
                                                U.S. EPA Region 1, Superfund                         to be included in the deed restriction for            under Maine for ‘‘Union Chemical Co.,
                                             Records Center, 5 Post Office Square,                   the Site properties. Before the ROD                   Inc’’.
                                             Suite 100, Boston, MA 02109; Phone:                     Amendment was finalized, EPA                          [FR Doc. 2018–20532 Filed 9–20–18; 8:45 am]
                                             (617) 918–1440; Monday–Friday: 9:00                     presented about the revised site remedy               BILLING CODE 6560–50–P
                                             a.m.–5:00 p.m., Saturday and Sunday:                    in several meetings to the Town of Hope
                                             Closed.                                                 community. EPA received concurrence
                                             FOR FURTHER INFORMATION CONTACT:                        from the State and only positive                      DEPARTMENT OF COMMERCE
                                             Terrence Connelly, Remedial Project                     comments from the public on the ROD
                                             Manager, U.S. Environmental Protection                  Amendment. Consistent with the                        National Oceanic and Atmospheric
                                             Agency, Region 1, Mailcode OSRR07–1,                    requirements of the ROD and ROD                       Administration
                                             5 Post Office Square, Boston, MA 02109;                 Amendment, MEDEP, working with the
                                             (617) 918–1373; email: connelly.terry@                  Maine Attorney General’s Office and                   50 CFR Part 635
                                             epa.gov.                                                EPA, drafted and recorded the
                                                                                                     Declaration of Environmental                          [Docket No. 150121066–5717–02]
                                             SUPPLEMENTARY INFORMATION: The site to
                                             be deleted from the NPL is: Union                       Covenants. Upon the recording of the
                                                                                                                                                           RIN 0648–XG489
                                             Chemical Co., Inc. Superfund Site,                      deed restriction, the Site became eligible
                                             South Hope, Maine. A Notice of Intent                   for deletion, leading EPA to issue the                Atlantic Highly Migratory Species;
                                             to Delete for this Site was published in                Notice of Intent to Delete the Site.                  Atlantic Bluefin Tuna Fisheries
                                             the Federal Register (83 FR 34508) on                      A responsiveness summary was
                                                                                                     prepared and placed in the docket,                    AGENCY:  National Marine Fisheries
                                             July 20, 2018.
                                                The closing date for comments on the                 EPA–HQ–SFUND–1989–0011, on                            Service (NMFS), National Oceanic and
                                             Notice of Intent to Delete was August                   www.regulations.gov, and in the                       Atmospheric Administration (NOAA),
                                             20, 2018. Two public comments were                      Superfund Records Center listed above.                Commerce.
                                             received. One commenter argued against                     EPA maintains the NPL as the list of               ACTION: Temporary rule; General
                                             deletion because they believe that                      sites that appear to present a significant            category September fishery for 2018;
                                             groundwater contamination is being left                 risk to public health, welfare, or the                inseason bluefin tuna quota transfer and
                                             behind inappropriately under EPA’s                      environment. Deletion from the NPL                    closure.
                                             2013 technical impracticability                         does not preclude further remedial
                                                                                                                                                           SUMMARY:   NMFS transfers 60 metric
                                             determination and proposed Site                         action. Whenever there is a significant
                                                                                                                                                           tons (mt) of Atlantic bluefin tuna (BFT)
                                             deletion, and that the implementation of                release from a site deleted from the NPL,
                                                                                                                                                           quota from the Reserve category to the
                                             the Declaration of Environmental                        the deleted site may be restored to the
                                                                                                                                                           September 2018 subquota period and
                                             Covenant (deed restriction) on the Site                 NPL without application of the hazard
                                                                                                                                                           closes the General category fishery for
                                             properties was done without public                      ranking system. Deletion of a site from
                                                                                                                                                           large medium and giant BFT until the
                                             oversight. The second commenter                         the NPL does not affect responsible
                                                                                                                                                           General category reopens on October 1,
                                             voiced the belief that the deletion was                 party liability in the unlikely event that
                                                                                                                                                           2018. The quota transfer is intended to
                                             a political decision ultimately directed                future conditions warrant further
                                                                                                                                                           provide additional fishing opportunities
                                             from the White House.                                   actions.
                                                In response, EPA notes that the chain                                                                      based on consideration of the regulatory
                                             of events leading to the proposed                       List of Subjects in 40 CFR Part 300                   determination criteria regarding
                                             deletion began several years ago, when                                                                        inseason adjustments and applies to
                                                                                                       Environmental protection, Air                       Atlantic tunas General category
                                             after multiple remedial attempts from                   pollution control, Chemicals, Hazardous
                                             1996 to 2005, EPA determined in 2013                                                                          (commercial) permitted vessels and
                                                                                                     substances, Hazardous waste,                          Highly Migratory Species (HMS)
                                             that it was technically impracticable to                Intergovernmental relations, Penalties,
                                             restore groundwater at the Site to                                                                            Charter/Headboat category permitted
                                                                                                     Reporting and recordkeeping                           vessels with a commercial sale
                                             drinking water quality. In a 2013 Record                requirements, Superfund, Water
                                             of Decision Amendment (ROD                                                                                    endorsement when fishing
                                                                                                     pollution control, Water supply.                      commercially for BFT. Given that the
                                             Amendment), EPA waived the
                                                                                                       Dated: September 6, 2018.                           adjusted quota is projected to be caught
                                             requirement to meet groundwater
                                             cleanup standards due to technical                      Alexandra Dunn,                                       quickly, the closure is to prevent
                                             impracticability because (1) the original               Regional Administrator, Region 1.                     overharvest of the adjusted General
                                             groundwater pump-and-treat remedy                                                                             category September 2018 BFT subquota.
                                                                                                       For reasons set out in the preamble,
                                             had reached the limits of its                                                                                 DATES: The quota transfer is effective
                                                                                                     40 CFR part 300 is amended as follows:
                                             effectiveness, (2) three additional                                                                           September 18, 2018 through September
daltland on DSKBBV9HB2PROD with RULES




                                             innovative in situ technologies had                     PART 300—NATIONAL OIL AND                             30, 2018. The closure is effective 11:30
                                             proven unsuccessful in attaining the                    HAZARDOUS SUBSTANCES                                  p.m., local time, September 23, 2018,
                                             groundwater cleanup standards, and (3)                  POLLUTION CONTINGENCY PLAN                            through September 30, 2018.
                                             a technical evaluation of cleanup                                                                             FOR FURTHER INFORMATION CONTACT:
                                             alternatives indicated that no                          ■ 1. The authority citation for part 300              Sarah McLaughlin or Brad McHale,
                                             technology was available for achieving                  continues to read as follows:                         978–281–9260.


                                        VerDate Sep<11>2014   16:15 Sep 20, 2018   Jkt 244001   PO 00000   Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\21SER1.SGM   21SER1


                                             47844            Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations

                                             SUPPLEMENTARY INFORMATION:                              adjusted the available 2018 Reserve                   fishery, as NMFS anticipates the
                                             Regulations implemented under the                       category quota, leaving 78.5 mt                       transferred quota will be caught quickly.
                                             authority of the Atlantic Tunas                         currently available (83 FR 9232, March                Transferring 60 mt of quota from the
                                             Convention Act (ATCA; 16 U.S.C. 971 et                  5, 2018, 83 FR 17110, April 18, 2018,                 Reserve category would result in 183.7
                                             seq.) and the Magnuson-Stevens Fishery                  and 83 FR 38664, August 7, 2018).                     mt being available for the September
                                             Conservation and Management Act                            Although NMFS has published a                      2018 subquota period (207.3 mt if the
                                             (Magnuson-Stevens Act; 16 U.S.C. 1801                   proposed rule (83 FR 31517, July 6,                   ICCAT quota rule is finalized as
                                             et seq.) governing the harvest of BFT by                2018) to increase the baseline U.S.                   proposed), thus effectively providing
                                             persons and vessels subject to U.S.                     bluefin tuna quota from 1,058.79 mt to                limited additional opportunities to
                                             jurisdiction are found at 50 CFR part                   1,247.86 mt and subquotas for 2018                    harvest the U.S. bluefin tuna quota
                                             635. Section 635.27 subdivides the U.S.                 (including an expected increase in the                while avoiding exceeding it.
                                             BFT quota recommended by the                            General category September time period                   Regarding the projected ability of the
                                             International Commission for the                        subquota from 123.7 mt to 147.3 mt,                   vessels fishing under the particular
                                             Conservation of Atlantic Tunas (ICCAT)                  consistent with the annual bluefin tuna               category quota (here, the General
                                             and as implemented by the United                        quota calculation process established in              category) to harvest the additional
                                             States among the various domestic                       § 635.27(a)), NMFS does not anticipate                amount of BFT before the end of the
                                             fishing categories, per the allocations                 that the final rule (the ‘‘quota rule’’) will         fishing year (§ 635.27(a)(8)(iii)), NMFS
                                             established in the 2006 Consolidated                    be effective until late September 2018.               anticipates that all of the 60 mt of quota
                                             Highly Migratory Species Fishery                                                                              will be used by September 23, based on
                                                                                                     Transfer of 60 mt From the Reserve
                                             Management Plan (2006 Consolidated                                                                            current figures and the amount of quota
                                                                                                     Category to the General Category
                                             HMS FMP) (71 FR 58058, October 2,                                                                             being transferred, but this is also subject
                                             2006), as amended by Amendment 7 to                        Under § 635.27(a)(9), NMFS has the                 to weather conditions and bluefin tuna
                                             the 2006 Consolidated HMS FMP                           authority to transfer quota among                     availability. In the unlikely event that
                                             (Amendment 7) (79 FR 71510, December                    fishing categories or subcategories, after            any of this quota is unused by
                                             2, 2014). NMFS is required under ATCA                   considering regulatory determination                  September 30, such quota will roll
                                             and the Magnuson-Stevens Act to                         criteria provided under § 635.27(a)(8).               forward to the next subperiod within
                                             provide U.S. fishing vessels with a                     NMFS has considered all of the relevant               the calendar year (i.e., the October
                                             reasonable opportunity to harvest the                   determination criteria and their                      through November period), and NMFS
                                             ICCAT-recommended quota.                                applicability to this inseason quota                  anticipates that it would be used before
                                                NMFS is required, under regulations                  transfer. These considerations include,               the end of the fishing year.
                                             at § 635.28(a)(1), to file a closure notice             but are not limited to, the following:                   NMFS also considered the estimated
                                             for publication with the Office of the                     Regarding the usefulness of                        amounts by which quotas for other gear
                                             Federal Register when a BFT quota is                    information obtained from catches in                  categories of the fishery might be
                                             reached or is projected to be reached.                  the particular category for biological                exceeded (§ 635.27(a)(8)(iv)) and the
                                             On and after the effective date and time                sampling and monitoring of the status of              ability to account for all 2018 landings
                                             of such notification, for the remainder of              the stock (§ 635.27(a)(8)(i)), biological             and dead discards. In the last several
                                             the fishing year or for a specified period              samples collected from BFT landed by                  years, total U.S. BFT landings have been
                                             as indicated in the notification,                       General category fishermen and                        below the available U.S. quota such that
                                             retaining, possessing, or landing BFT                   provided by bluefin tuna dealers                      the United States has carried forward
                                             under that quota category is prohibited                 continue to provide valuable data for                 the maximum amount of underharvest
                                             until the opening of the subsequent                     ongoing scientific studies of bluefin                 allowed by ICCAT from one year to the
                                             quota period or until such date as                      tuna age and growth, migration, and                   next. NMFS will need to account for
                                             specified in the notice.                                reproductive status. Additional                       2018 landings and dead discards within
                                                The current baseline General and                     opportunity to land bluefin tuna in the               the adjusted U.S. quota, consistent with
                                             Reserve category quotas are 466.7 mt                    General category would support the                    ICCAT recommendations, and
                                             and 24.8 mt, respectively. See                          continued collection of a broad range of              anticipates having sufficient quota to do
                                             § 635.27(a). Each of the General category               data for these studies and for stock                  that, even with the 60 mt transfer to the
                                             time periods (January, June through                     monitoring purposes.                                  General category for the September
                                             August, September, October through                         NMFS also considered the catches of                fishery. Given the upcoming expected
                                             November, and December) is allocated a                  the General category quota to date and                increases in available 2018 quota, from
                                             ‘‘subquota’’ or portion of the annual                   the likelihood of closure of that segment             the ICCAT quota rule increase, the
                                             General category quota. Although it is                  of the fishery if no adjustment is made               resulting recalculation of 2018 available
                                             called the ‘‘January’’ subquota, the                    (§ 635.27(a)(8)(ii) and (ix)). As of                  Purse Seine category quota and transfer
                                             regulations allow the General category                  September 17, 2018, the General                       to the Reserve category, and carryover of
                                             fishery under this quota to continue                    category landed 145.6 mt. This                        2017 underharvest, NMFS anticipates
                                             until the subquota is reached or March                  represents 118 percent of the baseline                that the transfer in this action to the
                                             31, whichever comes first. The                          September subquota (123.7 mt) and 79                  General category will have no
                                             subquotas for each time period are as                   percent of the September quota under                  deleterious effects on NMFS’ flexibility
                                             follows: 24.7 mt for January; 233.3 mt                  the ICCAT quota rule, if finalized as                 related to other categories for the
                                             for June through August; 123.7 mt for                   proposed (147.3 mt). At the time of                   remainder of the year.
                                             September; 60.7 mt for October through                  drafting of this inseason action, the                    This transfer would be consistent
                                             November; and 24.3 mt for December.                     General category subquota has not yet                 with the current quotas, which were
                                                                                                     been exceeded, and commercial-sized                   established and analyzed in the 2015
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                                             Any unused General category quota
                                             rolls forward within the fishing year,                  bluefin tuna remain available in the                  BFT quota final rule (80 FR 52198,
                                             which coincides with the calendar year,                 areas where General category permitted                August 28, 2015), and with objectives of
                                             from one time period to the next, and                   vessels operate at this time of year.                 the 2006 Consolidated HMS FMP and
                                             is available for use in subsequent time                 Given the lag between initiation of an                amendments. (§ 635.27(a)(8)(v) and (vi)).
                                             periods. To date for 2018, NMFS has                     inseason action and its implementation,               Another principal consideration is the
                                             published three actions that have                       however, this notice also closes the                  objective of providing opportunities to


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                                                              Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations                                            47845

                                             harvest the full annual U.S. BFT quota                  release and tag-and-release programs at               shortly. Affording prior notice and
                                             without exceeding it based on the goals                 § 635.26. All BFT that are released must              opportunity for public comment to
                                             of the 2006 Consolidated HMS FMP and                    be handled in a manner that will                      implement the quota transfer is
                                             Amendment 7, including to achieve                       maximize their survival, and without                  impracticable and contrary to the public
                                             optimum yield on a continuing basis                     removing the fish from the water,                     interest as such a delay would likely
                                             and to optimize the ability of all permit               consistent with requirements at                       result in exceedance of the General
                                             categories to harvest their full BFT                    § 635.21(a)(1). For additional                        category September fishery subquota or
                                             quota allocations (related to                           information on safe handling, see the                 earlier closure of the fishery while fish
                                             § 635.27(a)(8)(x)). Specific to the                     ‘‘Careful Catch and Release’’ brochure                are available on the fishing grounds.
                                             General category, this includes                         available at www.nmfs.noaa.gov/sfa/                   Subquota exceedance may result in the
                                             providing opportunity equitably across                  hms/.                                                 need to reduce quota for the General
                                             all time periods.                                                                                             category later in the year and thus could
                                                Based on the considerations above,                   Monitoring and Reporting
                                                                                                                                                           affect later fishing opportunities.
                                             NMFS is transferring 60 mt of the                          NMFS will continue to monitor the                  Therefore, the AA finds good cause
                                             available 78.5 mt of Reserve category                   BFT fishery closely. Dealers are required             under 5 U.S.C. 553(b)(B) to waive prior
                                             quota to the General category for the                   to submit landing reports within 24                   notice and the opportunity for public
                                             September 2018 fishery, resulting in a                  hours of a dealer receiving BFT. Late                 comment. For all of the above reasons,
                                             subquota of 183.7 mt for the September                  reporting by dealers compromises                      there also is good cause under 5 U.S.C.
                                             2018 fishery and 18.5 mt in the Reserve                 NMFS’ ability to timely implement                     553(d) to waive the 30-day delay in
                                             category.                                               actions such as quota and retention                   effectiveness.
                                                                                                     limit adjustment, as well as closures,                   This action is being taken under
                                             Closure of the September 2018 General                   and may result in enforcement actions.
                                             Category Fishery                                                                                              §§ 635.27(a)(9) and 635.28(a)(1), and is
                                                                                                     Additionally, and separate from the                   exempt from review under Executive
                                                Based on the best available bluefin                  dealer reporting requirement, General                 Order 12866.
                                             tuna General category landings                          and HMS Charter/Headboat category
                                             information (i.e., 145.6 mt landed as of                vessel owners are required to report the                 Authority: 16 U.S.C. 971 et seq. and 1801
                                                                                                                                                           et seq.
                                             September 17, 2018) as well as average                  catch of all BFT retained or discarded
                                             catch rates and anticipated fishing                     dead within 24 hours of the landing(s)                  Dated: September 18, 2018.
                                             conditions, NMFS projects that the                      or end of each trip, by accessing                     Margo B. Schulze-Haugen,
                                             General category September subquota of                  hmspermits.noaa.gov, using the HMS                    Acting Director, Office of Sustainable
                                             183.7 mt, as adjusted in this action, will              Catch Reporting app, or calling (888)                 Fisheries, National Marine Fisheries Service.
                                             be reached by September 23, 2018, and                   872–8862 (Monday through Friday from                  [FR Doc. 2018–20603 Filed 9–18–18; 4:15 pm]
                                             that the fishery should be closed to                    8 a.m. until 4:30 p.m.).                              BILLING CODE 3510–22–P
                                             avoid exceedance of the adjusted quota.                    Depending on the level of fishing
                                             Through this action, we are closing the                 effort and catch rates of BFT, NMFS
                                             General category bluefin tuna fishery                   may determine that additional action                  DEPARTMENT OF COMMERCE
                                             effective 11:30 p.m., September 23,                     (e.g., quota adjustment, daily retention
                                             2018, through September 30, 2018. The                   limit adjustment, or closure) is                      National Oceanic and Atmospheric
                                             fishery will reopen on October 1, 2018,                 necessary to ensure available subquotas               Administration
                                             with a baseline quota of 60.7 mt (72.2                  are not exceeded or to enhance
                                             mt under the ICCAT quota rule, if                       scientific data collection from, and                  50 CFR Part 648
                                             finalized as proposed) available for the                fishing opportunities in, all geographic              [Docket No. 170828822–70999–02]
                                             October through November time period.                   areas. If needed, subsequent
                                             Therefore, retaining, possessing, or                                                                          RIN 0648–XG475
                                                                                                     adjustments will be published in the
                                             landing large medium or giant BFT by                    Federal Register. In addition, fishermen              Fisheries of the Northeastern United
                                             persons aboard vessels permitted in the                 may call the Atlantic Tunas Information               States; Scup Fishery; Adjustment to
                                             Atlantic tunas General and HMS                          Line at (978) 281–9260, or access                     the 2018 Winter II Quota
                                             Charter/Headboat categories must cease                  hmspermits.noaa.gov, for updates on
                                             at 11:30 p.m. local time on September                   quota monitoring and inseason                         AGENCY:  National Marine Fisheries
                                             23, 2018. The General category will                     adjustments.                                          Service (NMFS), National Oceanic and
                                             reopen automatically on October 1,                                                                            Atmospheric Administration (NOAA),
                                             2018, for the October through November                  Classification                                        Commerce.
                                             2018 subquota period. This action                          The Assistant Administrator for                    ACTION: Temporary rule; inseason
                                             applies to those vessels permitted in the               NMFS (AA) finds that it is impracticable              adjustment.
                                             General category, as well as to those                   and contrary to the public interest to
                                             HMS Charter/Headboat permitted                          provide prior notice of, and an                       SUMMARY:   NMFS adjusts the 2018
                                             vessels with a commercial sale                          opportunity for public comment on, this               Winter II commercial scup quota and
                                             endorsement when fishing                                action for the following reasons:                     per-trip Federal landing limit. This
                                             commercially for BFT fishing                               The regulations implementing the                   action is intended to comply with
                                             commercially for BFT. For information                   2006 Consolidated HMS FMP and                         Framework Adjustment 3 to the
                                             regarding the HMS Charter/Headboat                      amendments provide for inseason quota                 Summer Flounder, Scup, and Black Sea
                                             commercial sale endorsement, see 82 FR                  transfers and fishery closures to respond             Bass Fishery Management Plan that
                                                                                                     to the unpredictable nature of BFT                    established the rollover of unused
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                                             57543, December 6, 2017. The intent of
                                             this closure is to prevent overharvest of               availability on the fishing grounds, the              commercial scup quota from the Winter
                                             the available General category                          migratory nature of this species, and the             I to Winter II period. This document is
                                             September BFT subquota.                                 regional variations in the BFT fishery.               intended to inform the public of this
                                                Fishermen may catch and release (or                  These fisheries are currently underway                quota and trip limit change.
                                             tag and release) BFT of all sizes, subject              and the currently available quota for the             DATES: Effective October 1, 2018,
                                             to the requirements of the catch-and-                   subcategory is projected to be reached                through December 31, 2018.


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Document Created: 2018-09-21 00:24:19
Document Modified: 2018-09-21 00:24:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; General category September fishery for 2018; inseason bluefin tuna quota transfer and closure.
DatesThe quota transfer is effective September 18, 2018 through September 30, 2018. The closure is effective 11:30 p.m., local time, September 23, 2018, through September 30, 2018.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation83 FR 47843 
RIN Number0648-XG48

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