83 FR 57340 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 221 (November 15, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 221 (November 15, 2018)
| Page Range | 57340-57341 | |
| FR Document | 2018-24954 |
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)] [Rules and Regulations] [Pages 57340-57341] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24954] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042-8884-02] RIN 0648-XG624 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, November 12, 2018, through 11:30 p.m., local time, November 16, 2018. FOR FURTHER INFORMATION CONTACT: Uriah Forest-Bulley, 978-675-2154, or Larry Redd, 301-427-8503. 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 [[Page 57341]] 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). Since October 5, 2018, NMFS has reopened the October through November subquota period two separate times for multiple days in an attempt to allow the available quota to be harvested (83 FR 52169, October 16, 2018, and 83 FR 55108, November 2, 2018). General Category Reopening As of November 6, 2018, reports show that the October through November landings are still less than the available subquota of 127.2 mt. Based on landings rates, NMFS has determined that reopening the General category fishery for five days is appropriate. Therefore, the General category fishery will reopen at 12:30 a.m., November 12, 2018, and close at 11:30 p.m., November 16, 2018. The General category daily retention limit during this reopening is 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 16, 2018. The General category will reopen automatically on December 1, 2018, for the December 2018 subquota period at the default retention limit of one fish. 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 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: November 9, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-24954 Filed 11-9-18; 4:15 pm] BILLING CODE 3510-22-P
![57340 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations
(GA/NC) hogfish stock, with a southern This action is taken under 50 CFR ACTION: Temporary rule; General
boundary extending east from the 622.193(u)(2)(i) and is exempt from category October–November fishery for
Florida/Georgia state border to the review under Executive Order 12866. 2018; fishery reopening.
North Carolina and Virginia state These measures are exempt from the
border. The other stock is the FLK/EFL procedures of the Regulatory Flexibility SUMMARY: NMFS has determined that a
hogfish stock. The FLK/EFL hogfish Act because the temporary rule is issued reopening of the Atlantic bluefin tuna
stock boundary extends from the 25°09′ without opportunity for prior notice and (BFT) General category fishery is
N latitude line off the west coast of public comment. warranted. This action is intended to
Florida (near Cape Sable, Florida), east This action responds to the best provide a reasonable opportunity to
around South Florida, to the Florida/ scientific information available. The harvest the full annual U.S. BFT quota
Georgia border. The final rule for Assistant Administrator for NOAA without exceeding it, while maintaining
Amendment 37 set the 2018 ACL for the Fisheries (AA) finds that the need to an equitable distribution of fishing
commercial sector of the FLK/EFL immediately implement this action to opportunities across time periods; help
hogfish stock at 4,524 lb (2,052 kg), close the commercial sector for this achieve optimum yield in the BFT
round weight. stock constitutes good cause to waive fishery; and optimize the ability of all
In accordance with regulations at 50 the requirements to provide prior notice permit categories to harvest their full
CFR 622.193(u)(2)(i), the commercial and opportunity for public comment on BFT quota allocations. This action
AMs for the FLK/EFL hogfish stock this temporary rule pursuant to 5 U.S.C. applies to Atlantic tunas General
include an in-season closure if the 553(b)(B), because such procedures are category (commercial) permitted vessels
commercial ACL is met or is projected unnecessary and contrary to the public and Atlantic Highly Migratory Species
to be met. NMFS is required to close the interest. Such procedures are (HMS) Charter/Headboat category
commercial sector for hogfish when the unnecessary because the AMs permitted vessels with a commercial
ACL has been met, or is projected to be established by Amendment 37 (82 FR sale endorsement when fishing
met, by filing a notification to that effect 34584; July 25, 2017) and located at 50 commercially for BFT.
with the Office of the Federal Register. CFR 622.193(u)(2)(i) have already been DATES: Effective 12:30 a.m., local time,
NMFS has determined that the 2018 subject to notice and public comment. November 12, 2018, through 11:30 p.m.,
commercial ACL for the EFL/FLK All that remains is to notify the public local time, November 16, 2018.
hogfish stock established by of the commercial closure for the EFL/ FOR FURTHER INFORMATION CONTACT:
Amendment 37 will be met on FLK hogfish stock in the South Atlantic Uriah Forest-Bulley, 978–675–2154, or
November 16, 2018. Therefore, this EEZ for the remainder of the 2018 Larry Redd, 301–427–8503.
temporary rule implements the AM to fishing year. Such procedures are
close the commercial sector for EFL/ SUPPLEMENTARY INFORMATION:
contrary to the public interest because
FLK hogfish stock in the South Atlantic Regulations implemented under the
of the need to immediately implement
for the remainder of the 2018 fishing authority of the Atlantic Tunas
this action to protect the EFL/FLK
year. Accordingly, the commercial Convention Act (ATCA; 16 U.S.C. 971 et
hogfish stock, since time for notice and
sector for the EFL/FLK hogfish stock in seq.) and the Magnuson-Stevens Fishery
public comment will allow for
the South Atlantic EEZ will be closed Conservation and Management Act
continued commercial harvest and
effective 12:01 a.m. local time, (Magnuson-Stevens Act; 16 U.S.C. 1801
further exceedance of the commercial
November 16, 2018, until January 1, et seq.) governing the harvest of BFT by
ACLs.
2019, the start of the next fishing year. For the aforementioned reasons, the persons and vessels subject to U.S.
During the commercial closure, all AA also finds good cause to waive the jurisdiction are found at 50 CFR part
sale or purchase of hogfish in or from 30-day delay in the effectiveness of this 635. Section 635.27 subdivides the U.S.
the EEZ off the Florida Keys and east action under 5 U.S.C. 553(d)(3). BFT quota recommended by the
coast of Florida, and south of 25°09′ N International Commission for the
Authority: 16 U.S.C. 1801 et seq. Conservation of Atlantic Tunas (ICCAT)
lat. off the west coast of Florida is
prohibited, and harvest or possession of Dated: November 9, 2018. and as implemented by the United
this species is limited to the bag and Alan D. Risenhoover, States among the various domestic
possession limits. These bag and Director, Office of Sustainable Fisheries, fishing categories, per the allocations
possession limits apply for this hogfish National Marine Fisheries Service. established in the 2006 Consolidated
stock on board a vessel for which a valid [FR Doc. 2018–24915 Filed 11–9–18; 4:15 pm] Highly Migratory Species Fishery
Federal commercial or charter vessel/ BILLING CODE 3510–22–P Management Plan (2006 Consolidated
headboat permit for South Atlantic HMS FMP) (71 FR 58058, October 2,
snapper-grouper has been issued, 2006), as amended by Amendment 7 to
without regard to where such species DEPARTMENT OF COMMERCE the 2006 Consolidated HMS FMP
were harvested, i.e., in state or Federal (Amendment 7) (79 FR 71510, December
waters. The commercial sector for the National Oceanic and Atmospheric 2, 2014). NMFS is required under ATCA
EFL/FLK hogfish stock in the South Administration and the Magnuson-Stevens Act to
Atlantic EEZ will reopen on January 1, provide U.S. fishing vessels with a
2019. 50 CFR Part 635 reasonable opportunity to harvest the
[Docket No. 180117042–8884–02] ICCAT-recommended quota.
Classification NMFS recently published a final rule
The Regional Administrator, RIN 0648–XG624 (i.e., the ‘‘quota rule’’ (83 FR 51391,
khammond on DSK30JT082PROD with RULES
Southeast Region, NMFS, has October 11, 2018)) that increased the
Atlantic Highly Migratory Species;
determined this temporary rule is baseline U.S. BFT quota from 1,058.79
Atlantic Bluefin Tuna Fisheries
necessary for the conservation and mt to 1,247.86 mt and accordingly
management of hogfish in the South AGENCY: National Marine Fisheries increased the subquotas for 2018,
Atlantic snapper-grouper fishery and is Service (NMFS), National Oceanic and including an increase in the General
consistent with the Magnuson-Stevens Atmospheric Administration (NOAA), category October through November
Act and other applicable laws. Commerce. period subquota from 60.7 mt to 70.2
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![Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations 57341
mt, consistent with the annual BFT information on safe handling, see the to consider and respond to updated data
quota calculation process. On October 4, ‘‘Careful Catch and Release’’ brochure and information about fishery
2018, NMFS transferred 55 mt to the available at www.nmfs.noaa.gov/sfa/ conditions and this year’s landings. If
General category and closed the General hms/. NMFS was to offer a public comment
category fishery effective October 5, period now, after having appropriately
Monitoring and Reporting
2018, based on projections that landings considered that data, it would preclude
would meet or exceed the adjusted NMFS will continue to monitor the fishermen from harvesting BFT that are
October through November subquota of BFT fishery closely. Dealers are required legally available. Therefore, the AA
127.2 mt by that date (83 FR 50857, to submit landing reports within 24 finds good cause under 5 U.S.C.
October 10, 2018). Since October 5, hours of a dealer receiving BFT. Late 553(b)(B) to waive prior notice and the
2018, NMFS has reopened the October reporting by dealers compromises opportunity for public comment. For all
through November subquota period two NMFS’ ability to timely implement of the above reasons, there also is good
separate times for multiple days in an actions such as quota and retention cause under 5 U.S.C. 553(d) to waive the
attempt to allow the available quota to limit adjustment, as well as closures, 30-day delay in effectiveness.
be harvested (83 FR 52169, October 16, and may result in enforcement actions. This action is being taken under
2018, and 83 FR 55108, November 2, Additionally, and separate from the § 635.27(a)(1), and is exempt from
2018). dealer reporting requirement, General review under Executive Order 12866.
and HMS Charter/Headboat category
General Category Reopening vessel owners are required to report the Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
As of November 6, 2018, reports show catch of all BFT retained or discarded
that the October through November dead within 24 hours of the landing(s) Dated: November 9, 2018.
landings are still less than the available or end of each trip, by accessing Alan D. Risenhoover,
subquota of 127.2 mt. Based on landings hmspermits.noaa.gov, using the HMS Director, Office of Sustainable Fisheries,
rates, NMFS has determined that Catch Reporting app, or calling (888) National Marine Fisheries Service.
reopening the General category fishery 872–8862 (Monday through Friday from [FR Doc. 2018–24954 Filed 11–9–18; 4:15 pm]
for five days is appropriate. 8 a.m. until 4:30 p.m.). BILLING CODE 3510–22–P
Therefore, the General category Depending on the level of fishing
fishery will reopen at 12:30 a.m., effort and catch rates of BFT, NMFS
November 12, 2018, and close at 11:30 may determine that additional DEPARTMENT OF COMMERCE
p.m., November 16, 2018. The General adjustments are necessary to ensure
category daily retention limit during available subquotas are not exceeded or National Oceanic and Atmospheric
this reopening is one large medium or to enhance scientific data collection Administration
giant BFT per vessel per day/trip. This from, and fishing opportunities in, all
action applies to those vessels permitted geographic areas. If needed, subsequent 50 CFR Part 679
in the General category, as well as to adjustments will be published in the [Docket No. 170816769–8162–02]
those HMS Charter/Headboat permitted Federal Register. In addition, fishermen
vessels with a commercial sale may call the Atlantic Tunas Information RIN 0648–XG625
endorsement when fishing Line at (978) 281–9260, or access
commercially for BFT. Retaining, hmspermits.noaa.gov, for updates on Fisheries of the Exclusive Economic
possessing, or landing large medium or quota monitoring and inseason Zone off Alaska; Shortraker Rockfish
giant BFT by persons aboard vessels adjustments. in the Central Regulatory Area of the
permitted in the General and HMS Gulf of Alaska
Charter/Headboat categories must cease Classification
AGENCY: National Marine Fisheries
at 11:30 p.m. local time on November The Assistant Administrator for Service (NMFS), National Oceanic and
16, 2018. NMFS (AA) finds that it is impracticable Atmospheric Administration (NOAA),
The General category will reopen and contrary to the public interest to Commerce.
automatically on December 1, 2018, for provide prior notice of, and an
ACTION: Temporary rule; closure.
the December 2018 subquota period at opportunity for public comment on, this
the default retention limit of one fish. In action for the following reasons: SUMMARY: NMFS is prohibiting retention
December 2017, NMFS adjusted the The regulations implementing the of shortraker rockfish in the Central
General category base subquota for the 2006 Consolidated HMS FMP and Regulatory Area of the Gulf of Alaska
December 2018 period to 10 mt (82 FR amendments provide for inseason (GOA). This action is necessary because
60680, December 22, 2017), although actions to respond to the unpredictable the 2018 total allowable catch of
this amount increased to 14.6 mt with nature of BFT availability on the fishing shortraker rockfish in the Central
finalization of the quota rule. Based on grounds, the migratory nature of this Regulatory Area of the GOA will be
quota availability in the Reserve, NMFS species, and the regional variations in reached.
may consider transferring additional the BFT fishery. Affording prior notice
quota to the December subquota period, and opportunity for public comment to DATES: Effective 1200 hours, Alaska
as appropriate. implement the fishery reopening is local time (A.l.t.), November 9, 2018,
Fishermen may catch and release (or impracticable and contrary to the public through 2400 hours, A.l.t., December 31,
tag and release) BFT of all sizes, subject interest. The General category recently 2018.
to the requirements of the catch-and- closed, but based on available BFT FOR FURTHER INFORMATION CONTACT:
khammond on DSK30JT082PROD with RULES
release and tag-and-release programs at quotas, recent fishery performance, and Obren Davis, 907–586–7228.
§ 635.26. All BFT that are released must the availability of BFT on the fishing SUPPLEMENTARY INFORMATION: NMFS
be handled in a manner that will grounds, responsive reopening of the manages the groundfish fishery in the
maximize their survival, and without fishery is warranted to allow fishermen GOA exclusive economic zone
removing the fish from the water, to take advantage of availability of fish according to the Fishery Management
consistent with requirements at and of quota. NMFS could not have Plan for Groundfish of the Gulf of
§ 635.21(a)(1). For additional proposed this action earlier, as it needed Alaska (FMP) prepared by the North
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Document Created: 2018-11-15 04:00:08
Document Modified: 2018-11-15 04:00:08
| 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, November 12, 2018, through 11:30 p.m., local time, November 16, 2018. | |
| Contact | Uriah Forest-Bulley, 978-675-2154, or Larry Redd, 301-427-8503. | |
| FR Citation | 83 FR 57340 | |
| RIN Number | 0648-XG62 |
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