83 FR 55108 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 213 (November 2, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 213 (November 2, 2018)
| Page Range | 55108-55109 | |
| FR Document | 2018-24041 |
[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)] [Rules and Regulations] [Pages 55108-55109] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24041] [[Page 55108]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042-8884-02] RIN 0648-XG599 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. BFT quota without exceeding it, while maintaining an equitable distribution of fishing opportunities across time periods; help achieve optimum yield in the BFT fishery; and optimize the ability of all permit categories to harvest their full BFT 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 31, 2018, through 11:30 p.m., local time, November 2, 2018. FOR FURTHER INFORMATION CONTACT: Uriah Forest-Bulley, 978-675-2154, or Sarah McLaughlin, 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. BFT 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 BFT 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). After determining that 45.4 mt remained available, NMFS reopened the General category fishery for two days, October 15 and 16, 2018 (83 FR 52169, October 16, 2018). General Category Reopening As of October 26, 2018, reports show that the General category landed 101.6 mt before closing. This represents 80 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 three days is appropriate given the amount of unused October through November subquota (i.e., 25.6 mt). Therefore, the General category fishery will reopen at 12:30 a.m., October 31, 2018, and close at 11:30 p.m., November 2, 2018. The General category daily retention limit during this reopening remains the same as prior to closing: One large medium or giant BFT 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 November 2, 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: The regulations implementing the 2006 Consolidated HMS FMP and [[Page 55109]] 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, recent fishery performance, 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 30, 2018. Karen H. Abrams Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-24041 Filed 10-30-18; 4:15 pm] BILLING CODE 3510-22-P
![55108 Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Rules and Regulations
DEPARTMENT OF COMMERCE the 2006 Consolidated HMS FMP 2018 period to 10 mt (82 FR 60680,
(Amendment 7) (79 FR 71510, December December 22, 2017), although this
National Oceanic and Atmospheric 2, 2014). NMFS is required under ATCA amount increased to 14.6 mt with
Administration and the Magnuson-Stevens Act to finalization of the quota rule. Based on
provide U.S. fishing vessels with a quota availability in the Reserve, NMFS
50 CFR Part 635 reasonable opportunity to harvest the may consider transferring additional
[Docket No. 180117042–8884–02] ICCAT-recommended quota. quota to the December subquota period,
NMFS recently published a final rule as appropriate.
RIN 0648–XG599 (i.e., the ‘‘quota rule’’ (83 FR 51391, Fishermen may catch and release (or
October 11, 2018)) that increased the tag and release) BFT of all sizes, subject
Atlantic Highly Migratory Species; baseline U.S. BFT quota from 1,058.79 to the requirements of the catch-and-
Atlantic Bluefin Tuna Fisheries mt to 1,247.86 mt and accordingly release and tag-and-release programs at
AGENCY: National Marine Fisheries increased the subquotas for 2018, § 635.26. All BFT that are released must
Service (NMFS), National Oceanic and including an increase in the General be handled in a manner that will
Atmospheric Administration (NOAA), category October through November maximize their survival, and without
Commerce. period subquota from 60.7 mt to 70.2 removing the fish from the water,
ACTION: Temporary rule; General
mt, consistent with the annual BFT consistent with requirements at
category October–November fishery for quota calculation process. On October 4, § 635.21(a)(1). For additional
2018; fishery reopening. 2018, NMFS transferred 55 mt to the information on safe handling, see the
General category and closed the General ‘‘Careful Catch and Release’’ brochure
SUMMARY: NMFS has determined that a category fishery effective October 5, available at www.nmfs.noaa.gov/sfa/
reopening of the Atlantic bluefin tuna 2018, based on projections that landings hms/.
(BFT) General category fishery is would meet or exceed the adjusted
Monitoring and Reporting
warranted. This action is intended to October through November subquota of
provide a reasonable opportunity to 127.2 mt by that date (83 FR 50857, NMFS will continue to monitor the
harvest the full annual U.S. BFT quota October 10, 2018). After determining BFT fishery closely. Dealers are required
without exceeding it, while maintaining that 45.4 mt remained available, NMFS to submit landing reports within 24
an equitable distribution of fishing reopened the General category fishery hours of a dealer receiving BFT. Late
opportunities across time periods; help for two days, October 15 and 16, 2018 reporting by dealers compromises
achieve optimum yield in the BFT (83 FR 52169, October 16, 2018). NMFS’ ability to timely implement
fishery; and optimize the ability of all actions such as quota and retention
General Category Reopening limit adjustment, as well as closures,
permit categories to harvest their full
BFT quota allocations. This action As of October 26, 2018, reports show and may result in enforcement actions.
applies to Atlantic tunas General that the General category landed 101.6 Additionally, and separate from the
category (commercial) permitted vessels mt before closing. This represents 80 dealer reporting requirement, General
and Atlantic Highly Migratory Species percent of the adjusted October through and HMS Charter/Headboat category
(HMS) Charter/Headboat category November subquota of 127.2 mt. Based vessel owners are required to report the
on early October landings rates, NMFS catch of all BFT retained or discarded
permitted vessels with a commercial
has determined that reopening the dead within 24 hours of the landing(s)
sale endorsement when fishing
General category fishery for three days or end of each trip, by accessing
commercially for BFT.
is appropriate given the amount of hmspermits.noaa.gov, using the HMS
DATES: Effective 12:30 a.m., local time,
unused October through November Catch Reporting app, or calling (888)
October 31, 2018, through 11:30 p.m., subquota (i.e., 25.6 mt).
local time, November 2, 2018. 872–8862 (Monday through Friday from
Therefore, the General category 8 a.m. until 4:30 p.m.).
FOR FURTHER INFORMATION CONTACT: fishery will reopen at 12:30 a.m., Depending on the level of fishing
Uriah Forest-Bulley, 978–675–2154, or October 31, 2018, and close at 11:30 effort and catch rates of BFT, NMFS
Sarah McLaughlin, 978–281–9260. p.m., November 2, 2018. The General may determine that additional
SUPPLEMENTARY INFORMATION: category daily retention limit during adjustments are necessary to ensure
Regulations implemented under the this reopening remains the same as prior available subquotas are not exceeded or
authority of the Atlantic Tunas to closing: One large medium or giant to enhance scientific data collection
Convention Act (ATCA; 16 U.S.C. 971 et BFT per vessel per day/trip. This action from, and fishing opportunities in, all
seq.) and the Magnuson-Stevens Fishery applies to those vessels permitted in the geographic areas. If needed, subsequent
Conservation and Management Act General category, as well as to those adjustments will be published in the
(Magnuson-Stevens Act; 16 U.S.C. 1801 HMS Charter/Headboat permitted Federal Register. In addition, fishermen
et seq.) governing the harvest of BFT by vessels with a commercial sale may call the Atlantic Tunas Information
persons and vessels subject to U.S. endorsement when fishing Line at (978) 281–9260, or access
jurisdiction are found at 50 CFR part commercially for BFT. Retaining, hmspermits.noaa.gov, for updates on
635. Section 635.27 subdivides the U.S. possessing, or landing large medium or quota monitoring and inseason
BFT quota recommended by the giant BFT by persons aboard vessels adjustments.
International Commission for the permitted in the General and HMS
Conservation of Atlantic Tunas (ICCAT) Charter/Headboat categories must cease Classification
and as implemented by the United at 11:30 p.m. local time on November 2, The Assistant Administrator for
States among the various domestic 2018. NMFS (AA) finds that it is impracticable
fishing categories, per the allocations The General category will reopen and contrary to the public interest to
established in the 2006 Consolidated automatically on December 1, 2018, for provide prior notice of, and an
Highly Migratory Species Fishery the December 2018 subquota period at opportunity for public comment on, this
Management Plan (2006 Consolidated the default one-fish level. In December action for the following reasons:
HMS FMP) (71 FR 58058, October 2, 2017, NMFS adjusted the General The regulations implementing the
2006), as amended by Amendment 7 to category base subquota for the December 2006 Consolidated HMS FMP and
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![Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Rules and Regulations 55109
amendments provide for inseason total allowable catch (ITAC) and total Act. Regulations governing fishing by
actions to respond to the unpredictable allowable catch (TAC) of Aleutian U.S. vessels in accordance with the FMP
nature of BFT availability on the fishing Islands (AI) Greenland turbot, Bering appear at subpart H of 50 CFR part 600
grounds, the migratory nature of this Sea (BS) sablefish, Bering Sea and and 50 CFR part 679.
species, and the regional variations in Aleutian Islands (BSAI) Alaska plaice, The 2018 ITAC of AI Greenland turbot
the BFT fishery. Affording prior notice BSAI northern rockfish, BSAI ‘‘other was established as 144 metric tons (mt),
and opportunity for public comment to flatfish,’’ BSAI shortraker rockfish, BSAI the 2018 ITAC of BS sablefish was
implement the fishery reopening is sculpins, BSAI skates, and Central and established as 1,208 mt, the 2018 TAC
impracticable and contrary to the public Western Aleutian Islands (CAI/WAI) of BSAI Alaska plaice was established
interest. The General category recently blackspotted/rougheye rockfish in the as 16,100 mt, the 2018 ITAC of BSAI
closed, but based on available BFT BSAI management area. This action is northern rockfish was established as
quotas, recent fishery performance, and necessary to allow the fisheries to 5,185 mt, the 2018 ITAC of BSAI ‘‘other
the availability of BFT on the fishing continue operating. It is intended to flatfish’’ was established as 3,400 mt,
grounds, responsive reopening of the promote the goals and objectives of the the 2018 TAC of BSAI shortraker
fishery is warranted to allow fishermen fishery management plan for the BSAI rockfish was established as 150 mt, the
to take advantage of availability of fish management area. 2018 ITAC of BSAI sculpins was
and of quota. NMFS could not have DATES: Effective November 1, 2018 established as 4,250 mt, the 2018 ITAC
proposed this action earlier, as it needed through 2400 hrs, Alaska local time, of BSAI skates was established as 22,950
to consider and respond to updated data December 31, 2018. Comments must be mt, and the 2018 TAC of CAI/WAI
and information about fishery received at the following address no blackspotted/rougheye rockfish was
conditions and this year’s landings. If later than 4:30 p.m., Alaska local time, established as 150 mt by the final 2018
NMFS was to offer a public comment November 16, 2018. and 2019 harvest specifications for
period now, after having appropriately groundfish of the BSAI (83 FR 8365,
ADDRESSES: Submit your comments,
considered that data, it would preclude February 27, 2018 and 83 FR 28169,
identified by NOAA–NMFS–2017–0108,
fishermen from harvesting BFT that are June 18, 2018). In accordance with
by either of the following methods:
legally available. Therefore, the AA • Electronic Submission: Submit all § 679.20(a)(3) the Regional
finds good cause under 5 U.S.C. Administrator, Alaska Region, NMFS,
electronic public comments via the
553(b)(B) to waive prior notice and the has reviewed the most current available
Federal e-Rulemaking Portal. Go to
opportunity for public comment. For all data and finds that the ITACs for AI
https://www.regulations.gov/
of the above reasons, there also is good Greenland turbot, BS sablefish, BSAI
docket?D=NOAA-NMFS-2017-0108,
cause under 5 U.S.C. 553(d) to waive the Alaska plaice, BSAI northern rockfish,
click the ‘‘Comment Now!’’ icon,
30-day delay in effectiveness. BSAI ‘‘other flatfish,’’ BSAI shortraker
complete the required fields, and enter
This action is being taken under rockfish, BSAI sculpins, BSAI skates,
or attach your comments.
§ 635.27(a)(1), and is exempt from • Mail: Submit written comments to and CAI/WAI blackspotted/rougheye
review under Executive Order 12866. Glenn Merrill, Assistant Regional rockfish need to be supplemented from
the non-specified reserve to promote
Authority: 16 U.S.C. 971 et seq. and 1801 Administrator, Sustainable Fisheries
efficiency in the utilization of fishery
et seq. Division, Alaska Region NMFS, Attn:
resources in the BSAI and allow fishing
Dated: October 30, 2018. Ellen Sebastian. Mail comments to P.O.
operations to continue.
Karen H. Abrams
Box 21668, Juneau, AK 99802–1668. Therefore, in accordance with
Instructions: NMFS may not consider
Acting Director, Office of Sustainable § 679.20(b)(3), NMFS apportions from
comments if they are sent by any other
Fisheries, National Marine Fisheries Service. the non-specified reserve of groundfish
method, to any other address or
[FR Doc. 2018–24041 Filed 10–30–18; 4:15 pm] 25 mt to AI Greenland turbot, 55 mt to
individual, or received after the
BILLING CODE 3510–22–P BS sablefish, 1,460 mt to BSAI Alaska
comment period ends. All comments
plaice ITAC, 700 mt to BSAI northern
received are a part of the public record
rockfish ITAC, 700 mt to BSAI ‘‘other
and NMFS will post the comments for flatfish’’ ITAC, 100 mt to BSAI
DEPARTMENT OF COMMERCE
public viewing on www.regulations.gov shortraker rockfish ITAC, 750 mt to
National Oceanic and Atmospheric without change. All personal identifying BSAI sculpins ITAC, 6,130 mt to BSAI
Administration information (e.g., name, address, etc.), skates ITAC, and 28 mt to the CAI/WAI
confidential business information, or blackspotted/rougheye rockfish TAC in
50 CFR Part 679 otherwise sensitive information the BSAI management area. These
submitted voluntarily by the sender is apportionments are consistent with
[Docket No. 170817779–8161–02] publicly accessible. NMFS will accept § 679.20(b)(1)(i) and do not result in
RIN 0648–XG572 anonymous comments (enter ‘‘N/A’’ in overfishing of any target species because
the required fields if you wish to remain the revised ITACs and TACs are equal
Fisheries of the Exclusive Economic anonymous). to or less than the specifications of the
Zone Off Alaska; Several Groundfish FOR FURTHER INFORMATION CONTACT: acceptable biological catch in the final
Species in the Bering Sea and Aleutian Steve Whitney, 907–586–7228. 2018 and 2019 harvest specifications for
Islands Management Area SUPPLEMENTARY INFORMATION: NMFS groundfish in the BSAI (83 FR 8365,
AGENCY: National Marine Fisheries manages the groundfish fishery in the February 27, 2018).
Service (NMFS), National Oceanic and (BSAI) exclusive economic zone The harvest specification for the 2018
Atmospheric Administration (NOAA), according to the Fishery Management ITACs and TACs included in the harvest
Commerce. Plan for Groundfish of the Bering Sea specifications for groundfish in the
ACTION: Temporary rule; apportionment and Aleutian Islands Management Area BSAI are revised as follows: 169 mt for
of reserves; request for comments. (FMP) prepared by the North Pacific AI Greenland turbot, 1,263 mt for BS
Fishery Management Council under sablefish, 17,560 mt for BSAI Alaska
SUMMARY: NMFS apportions amounts of authority of the Magnuson-Stevens plaice, 5,885 mt for BSAI northern
the non-specified reserve to the initial Fishery Conservation and Management rockfish, 4,100 mt for BSAI ‘‘other
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Document Created: 2018-11-02 01:10:39
Document Modified: 2018-11-02 01:10:39
| 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 31, 2018, through 11:30 p.m., local time, November 2, 2018. | |
| Contact | Uriah Forest-Bulley, 978-675-2154, or Sarah McLaughlin, 978-281-9260. | |
| FR Citation | 83 FR 55108 | |
| RIN Number | 0648-XG59 |
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