83 FR 52169 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 200 (October 16, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 200 (October 16, 2018)
| Page Range | 52169-52170 | |
| FR Document | 2018-22499 |
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)] [Rules and Regulations] [Pages 52169-52170] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22499] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042-8884-02] RIN 0648-XG551 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 October-November fishery for 2018; fishery reopening. ----------------------------------------------------------------------- SUMMARY: NMFS has determined that a reopening of the Atlantic bluefin tuna (BFT) General category fishery is warranted. This action is intended to provide a reasonable opportunity to harvest the full annual U.S. bluefin tuna quota without exceeding it, while maintaining an equitable distribution of fishing opportunities across time periods; help achieve optimum yield in the bluefin tuna fishery; and optimize the ability of all permit categories to harvest their full bluefin tuna quota allocations. This action applies to Atlantic tunas General category (commercial) permitted vessels and Atlantic Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT. DATES: Effective 12:30 a.m., local time, October 15, 2018, through 11:30 p.m., local time, October 16, 2018. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978- 281-9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) 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 recently published a final rule (i.e., the ``quota rule'' (83 FR 51391, October 11, 2018)) that increased the baseline U.S. bluefin tuna quota from 1,058.79 mt to 1,247.86 mt and accordingly increased the subquotas for 2018, including an increase in the General category October through November period subquota from 60.7 mt to 70.2 mt, consistent with the annual bluefin tuna quota calculation process. On October 4, 2018, NMFS transferred 55 mt to the General category and closed the General category fishery effective October 5, 2018, based on projections that landings would meet or exceed the adjusted October through November subquota of 127.2 mt by that date (83 FR 50857, October 10, 2018). General Category Reopening As of October 11, 2018, reports show that the General category landed 81.8 mt before closing. This represents 64 percent of the adjusted October through November subquota of 127.2 mt. Based on early October landings rates, NMFS has determined that reopening the General category fishery for two days is appropriate given the amount of unused October through November subquota (i.e., 45.4 mt). Therefore, the General category fishery will reopen at 12:30 a.m., October 15, 2018, and close at 11:30 p.m., October 16, 2018. The General category daily retention limit during this reopening remains the same as prior to closing: one large medium or giant bluefin tuna per vessel per day/trip. 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. Retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the General and HMS Charter/Headboat categories must cease at 11:30 p.m. local time on October 16, 2018. The General category will reopen automatically on December 1, 2018, for the December 2018 subquota period at the default one-fish level. In December 2017, NMFS adjusted the General category base subquota for the December 2018 period to 10 mt (82 FR 60680, December 22, 2017), although this amount increased to 14.6 mt with finalization of the quota rule. Based on quota availability in the Reserve, NMFS may consider transferring additional quota to the December subquota period, as appropriate. 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 adjustments are 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: [[Page 52170]] The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason actions to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Affording prior notice and opportunity for public comment to implement the fishery reopening is impracticable and contrary to the public interest. The General category recently closed, but based on available BFT quotas, fishery performance in recent weeks, and the availability of BFT on the fishing grounds, responsive reopening of the fishery is warranted to allow fishermen to take advantage of availability of fish and of quota. NMFS could not have proposed this action earlier, as it needed to consider and respond to updated data and information about fishery conditions and this year's landings. If NMFS was to offer a public comment period now, after having appropriately considered that data, it would preclude fishermen from harvesting BFT that are legally available. 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. 635.27(a)(1), and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: October 11, 2018. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-22499 Filed 10-12-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Rules and Regulations 52169
* * * * * fishing categories, per the allocations 2017, NMFS adjusted the General
[FR Doc. 2018–22170 Filed 10–15–18; 8:45 am] established in the 2006 Consolidated category base subquota for the December
BILLING CODE 6560–50–P Highly Migratory Species Fishery 2018 period to 10 mt (82 FR 60680,
Management Plan (2006 Consolidated December 22, 2017), although this
HMS FMP) (71 FR 58058, October 2, amount increased to 14.6 mt with
DEPARTMENT OF COMMERCE 2006), as amended by Amendment 7 to finalization of the quota rule. Based on
the 2006 Consolidated HMS FMP quota availability in the Reserve, NMFS
National Oceanic and Atmospheric (Amendment 7) (79 FR 71510, December may consider transferring additional
Administration 2, 2014). NMFS is required under ATCA quota to the December subquota period,
and the Magnuson-Stevens Act to as appropriate.
50 CFR Part 635 provide U.S. fishing vessels with a Fishermen may catch and release (or
reasonable opportunity to harvest the tag and release) BFT of all sizes, subject
[Docket No. 180117042–8884–02]
ICCAT-recommended quota. to the requirements of the catch-and-
RIN 0648–XG551 NMFS recently published a final rule release and tag-and-release programs at
(i.e., the ‘‘quota rule’’ (83 FR 51391, § 635.26. All BFT that are released must
Atlantic Highly Migratory Species; October 11, 2018)) that increased the be handled in a manner that will
Atlantic Bluefin Tuna Fisheries baseline U.S. bluefin tuna quota from maximize their survival, and without
AGENCY: National Marine Fisheries 1,058.79 mt to 1,247.86 mt and removing the fish from the water,
Service (NMFS), National Oceanic and accordingly increased the subquotas for consistent with requirements at
Atmospheric Administration (NOAA), 2018, including an increase in the § 635.21(a)(1). For additional
Commerce. General category October through information on safe handling, see the
November period subquota from 60.7 mt ‘‘Careful Catch and Release’’ brochure
ACTION: Temporary rule; General
to 70.2 mt, consistent with the annual available at www.nmfs.noaa.gov/sfa/
category October–November fishery for
bluefin tuna quota calculation process. hms/.
2018; fishery reopening.
On October 4, 2018, NMFS transferred
Monitoring and Reporting
SUMMARY: NMFS has determined that a 55 mt to the General category and closed
reopening of the Atlantic bluefin tuna the General category fishery effective NMFS will continue to monitor the
(BFT) General category fishery is October 5, 2018, based on projections BFT fishery closely. Dealers are required
warranted. This action is intended to that landings would meet or exceed the to submit landing reports within 24
provide a reasonable opportunity to adjusted October through November hours of a dealer receiving BFT. Late
harvest the full annual U.S. bluefin tuna subquota of 127.2 mt by that date (83 FR reporting by dealers compromises
quota without exceeding it, while 50857, October 10, 2018). NMFS’ ability to timely implement
maintaining an equitable distribution of actions such as quota and retention
General Category Reopening limit adjustment, as well as closures,
fishing opportunities across time
periods; help achieve optimum yield in As of October 11, 2018, reports show and may result in enforcement actions.
the bluefin tuna fishery; and optimize that the General category landed 81.8 mt Additionally, and separate from the
the ability of all permit categories to before closing. This represents 64 dealer reporting requirement, General
percent of the adjusted October through and HMS Charter/Headboat category
harvest their full bluefin tuna quota
November subquota of 127.2 mt. Based vessel owners are required to report the
allocations. This action applies to
on early October landings rates, NMFS catch of all BFT retained or discarded
Atlantic tunas General category
has determined that reopening the dead within 24 hours of the landing(s)
(commercial) permitted vessels and
General category fishery for two days is or end of each trip, by accessing
Atlantic Highly Migratory Species
appropriate given the amount of unused hmspermits.noaa.gov, using the HMS
(HMS) Charter/Headboat category
October through November subquota Catch Reporting app, or calling (888)
permitted vessels with a commercial
(i.e., 45.4 mt). 872–8862 (Monday through Friday from
sale endorsement when fishing Therefore, the General category
commercially for BFT. 8 a.m. until 4:30 p.m.).
fishery will reopen at 12:30 a.m., Depending on the level of fishing
DATES: Effective 12:30 a.m., local time, October 15, 2018, and close at 11:30 effort and catch rates of BFT, NMFS
October 15, 2018, through 11:30 p.m., p.m., October 16, 2018. The General may determine that additional
local time, October 16, 2018. category daily retention limit during adjustments are necessary to ensure
FOR FURTHER INFORMATION CONTACT: this reopening remains the same as prior available subquotas are not exceeded or
Sarah McLaughlin or Brad McHale, to closing: one large medium or giant to enhance scientific data collection
978–281–9260. bluefin tuna per vessel per day/trip. from, and fishing opportunities in, all
SUPPLEMENTARY INFORMATION: This action applies to those vessels geographic areas. If needed, subsequent
Regulations implemented under the permitted in the General category, as adjustments will be published in the
authority of the Atlantic Tunas well as to those HMS Charter/Headboat Federal Register. In addition, fishermen
Convention Act (ATCA; 16 U.S.C. 971 et permitted vessels with a commercial may call the Atlantic Tunas Information
seq.) and the Magnuson-Stevens Fishery sale endorsement when fishing Line at (978) 281–9260, or access
Conservation and Management Act commercially for BFT. Retaining, hmspermits.noaa.gov, for updates on
(Magnuson-Stevens Act; 16 U.S.C. 1801 possessing, or landing large medium or quota monitoring and inseason
et seq.) governing the harvest of BFT by giant BFT by persons aboard vessels adjustments.
persons and vessels subject to U.S. permitted in the General and HMS
jurisdiction are found at 50 CFR part Charter/Headboat categories must cease Classification
amozie on DSK3GDR082PROD with RULES
635. Section 635.27 subdivides the U.S. at 11:30 p.m. local time on October 16, The Assistant Administrator for
BFT quota recommended by the 2018. NMFS (AA) finds that it is impracticable
International Commission for the The General category will reopen and contrary to the public interest to
Conservation of Atlantic Tunas (ICCAT) automatically on December 1, 2018, for provide prior notice of, and an
and as implemented by the United the December 2018 subquota period at opportunity for public comment on, this
States among the various domestic the default one-fish level. In December action for the following reasons:
VerDate Sep<11>2014 16:24 Oct 15, 2018 Jkt 247001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1](https://thefederalregister.org/doc/83_FR_52369/page/1.svg)
![52170 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Rules and Regulations
The regulations implementing the reopening of the fishery is warranted to reasons, there also is good cause under
2006 Consolidated HMS FMP and allow fishermen to take advantage of 5 U.S.C. 553(d) to waive the 30-day
amendments provide for inseason availability of fish and of quota. NMFS delay in effectiveness.
actions to respond to the unpredictable could not have proposed this action This action is being taken under
nature of BFT availability on the fishing earlier, as it needed to consider and
§ 635.27(a)(1), and is exempt from
grounds, the migratory nature of this respond to updated data and
review under Executive Order 12866.
species, and the regional variations in information about fishery conditions
the BFT fishery. Affording prior notice and this year’s landings. If NMFS was Authority: 16 U.S.C. 971 et seq. and 1801
and opportunity for public comment to to offer a public comment period now, et seq.
implement the fishery reopening is after having appropriately considered Dated: October 11, 2018.
impracticable and contrary to the public that data, it would preclude fishermen
Margo B. Schulze-Haugen,
interest. The General category recently from harvesting BFT that are legally
closed, but based on available BFT available. Therefore, the AA finds good Acting Director, Office of Sustainable
quotas, fishery performance in recent cause under 5 U.S.C. 553(b)(B) to waive Fisheries, National Marine Fisheries Service.
weeks, and the availability of BFT on prior notice and the opportunity for [FR Doc. 2018–22499 Filed 10–12–18; 8:45 am]
the fishing grounds, responsive public comment. For all of the above BILLING CODE 3510–22–P
amozie on DSK3GDR082PROD with RULES
VerDate Sep<11>2014 16:24 Oct 15, 2018 Jkt 247001 PO 00000 Frm 00056 Fmt 4700 Sfmt 9990 E:\FR\FM\16OCR1.SGM 16OCR1](https://thefederalregister.org/doc/83_FR_52369/page/2.svg)
Document Created: 2018-10-15 23:42:33
Document Modified: 2018-10-15 23:42:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; General category October-November fishery for 2018; fishery reopening. | |
| Dates | Effective 12:30 a.m., local time, October 15, 2018, through 11:30 p.m., local time, October 16, 2018. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 83 FR 52169 | |
| RIN Number | 0648-XG55 |
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