83_FR_62745 83 FR 62512 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

83 FR 62512 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range62512-62514
FR Document2018-26325

NMFS is transferring 129.2 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category, and 9.9 mt from the Harpoon category to the General category for the remainder of the 2018 fishing year, to account for accrued overharvests of previous time period subquotas. This action is intended to provide opportunities for General category fishermen to participate in the December General category fishery, which is scheduled to reopen on December 1, 2018, and is based on consideration of the regulatory determination criteria regarding inseason adjustments. This action would affect 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.

Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018)
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62512-62514]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26325]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02]
RIN 0648-XG651


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; inseason quota transfer.

-----------------------------------------------------------------------

SUMMARY: NMFS is transferring 129.2 metric tons (mt) of Atlantic 
bluefin tuna (BFT) quota from the Reserve category to the General 
category, and 9.9 mt from the Harpoon category to the General category 
for the remainder of the 2018 fishing year, to account for accrued 
overharvests of previous time period subquotas. This action is intended 
to provide opportunities for General category fishermen to participate 
in the December General category fishery, which is scheduled to reopen 
on December 1, 2018, and is based on consideration of the regulatory 
determination criteria regarding inseason adjustments. This action 
would affect 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.

DATES: The quota transfer is effective November 29, 2018 through 
December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Uriah Forest-Bulley, 978-675-2154, 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

[[Page 62513]]

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 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 consistent with a 2017 ICCAT recommendation 
and accordingly increased the category quotas for 2018. Within the 
General category quota, each time period (January, June through August, 
September, October through November, and December) is further 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 baseline subquotas for 
each time period are as follows: 29.5 mt for January; 277.9 mt for June 
through August; 147.3 mt for September; 72.2 mt for October through 
November; and 28.9 mt for December. Any unused General category quota 
rolls forward from one time period to the next and is available for use 
in subsequent time periods within the fishing year, which coincides 
with the calendar year.
    For the January 2018 subquota period, NMFS transferred 14.3 mt of 
BFT quota from the December 2018 subquota period, and transferred 10 mt 
from the Reserve category, resulting in an adjusted subquota of 53.8 mt 
for the January 2018 period and a subquota of 14.6 mt for the December 
2018 period (82 FR 60680, December 22, 2017, and 83 FR 9232, March 5, 
2018, respectively). For 2018, NMFS also transferred a total of 75 mt 
from the Reserve and 40 mt from the Harpoon category to the General 
category through two inseason actions in September and October, 
resulting in an adjusted 2018 General category quota of 680.8 mt and 
adjusted 2018 Harpoon category of 36 mt (83 FR 47843, September 21, 
2018, and 83 FR 50857, October 10, 2018, respectively). NMFS closed the 
October through November General category fishery after multiple 
reopenings when the subquota (127.2 mt) was met, effective November 16, 
2018 (83 FR 57340, November 15, 2018). The 2018 General category 
fishery reopens December 1, 2018, and will remain open until December 
31, 2018, or until the General category quota is reached, whichever 
comes first. Prior to this action, the adjusted Reserve category quota 
was 142.9 mt, and was most recently adjusted in the October 11, 2018 
quota rule, which augmented the 2018 BFT Reserve category quota with 
available underharvest of the 2017 adjusted U.S. BFT quota. The Harpoon 
category fishery automatically closed for the year on November 15, 
2018.

Quota Transfer

    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories, after considering regulatory 
determination criteria at Sec.  635.27(a)(8). NMFS has considered all 
of the relevant determination criteria and their applicability to the 
General category fishery. 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 
BFT dealers continue to provide NMFS with valuable data for ongoing 
scientific studies of BFT age and growth, migration, and reproductive 
status. Additional opportunity to land BFT over the longest time-period 
allowable would support the collection of a broad range of data for 
these studies and for stock monitoring purposes.
    NMFS considered the catches of the General category quota to date 
(including during the summer/fall and winter fisheries in the last 
several years), and the likelihood of closure of that segment of the 
fishery if no adjustment is made (Sec.  635.27(a)(8)(ii) and (ix)). 
Preliminary landings data as of November 26, 2018, indicate that the 
Harpoon category landed 26.1 mt of the 36 mt adjusted Harpoon quota 
before closing. They also indicate that the General category has landed 
770 mt this year, which exceeds the overall General category adjusted 
quota of 680.8 mt. For all commercial categories, however, 
approximately 23 percent (267.9 mt) of the total of the BFT category 
quotas remains available as of November 26, 2018 (i.e., 881 mt of 
1148.9 mt has been harvested), and NMFS anticipates that some amount of 
quota may remain unused by the end of the year even with the transfer. 
Absent a transfer, the December General category fishery would remain 
closed, even though quota remains available within the overall quota 
for the year and NMFS anticipates that commercial-sized BFT will be 
readily available on the fishing grounds when the fishery is otherwise 
scheduled to re-open December 1, 2018. Transferring 129.2 mt of BFT 
quota from the Reserve category, and 9.9 mt from the Harpoon category 
would allow the General category fishery to resume as scheduled and 
would result in a total of 50.0 mt being available to the General 
category in December after accounting for quota exceedances. It would 
also leave 13.7 mt in the Reserve category to account for any BFT 
mortalities associated with research and/or any overharvests that may 
occur in December. In analyzing the criteria for transfer, NMFS also 
considered the fact that BFT quota management throughout the year had 
been informed, in part, by anticipated upward adjustments to the 
overall quota. Such adjustments, while not certain, were anticipated as 
a result of the 2017 ICCAT recommendation increasing the overall BFT 
quota and upward adjustments for last year's underharvests, although 
any such adjustments would only take effect after appropriate 
rulemaking procedures and actions (i.e., the 2018 quota rule).
    Regarding the projected ability of the vessels fishing under the 
particular category quota (here, the General category) to harvest the 
additional amount of BFT quota transferred before the end of the 
fishing year (Sec.  635.27(a)(8)(iii)), NMFS considered General 
category landings over the last several years and landings to date this 
year. Landings are highly variable and depend on access to commercial-
sized BFT and fishing conditions, among other factors. A portion of the 
transferred quota covers overharvests in the category to date, and NMFS 
anticipates that General category participants will be able to harvest 
the remaining 50 mt of transferred BFT quota by 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 total 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 NMFS anticipates having sufficient quota to do 
that, even with this 139.1 mt transfer to the General category.
    This transfer would be consistent with the current U.S. quota, 
which was established and analyzed in the 2018 BFT quota final rule, 
and with

[[Page 62514]]

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 harvest the full annual U.S. 
BFT quota without exceeding it based on the goals of the 2006 
Consolidated HMS FMP and amendments, 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)).
    Based on the considerations above, NMFS is transferring 129.2 mt 
from the Reserve category to the General category. Therefore, NMFS 
adjusts the General category December subquota quota to 50.0 mt for the 
2018 General category fishing season and adjusts the Reserve category 
quota to 13.7 mt. The 2018 General category fishery reopens December 1, 
2018, and will remain open until December 31, 2018, or until the 
adjusted General category quota is reached, whichever comes first.

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 
or by 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 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.
    NMFS reminds General category participants that when the fishery 
reopens December 1, 2018, the BFT General category daily retention 
limit will be one large medium or giant BFT (measuring 73'' or greater) 
per vessel per day/trip.

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 retention limit adjustments 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 quota transfer for the remainder of 2018 is 
impracticable and contrary to the public interest as such a delay would 
result in continued closure of the General category fishery (because 
the available quota has been exceeded) and the need to re-open the 
fishery later in the December time period, rather than the fishery 
automatically re-opening on December 1. The delay would preclude the 
fishery from harvesting BFT that are available on the fishing grounds 
and that might otherwise become unavailable during a delay. 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 these 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)(9) (Inseason 
adjustments) and is exempt from review under Executive Order 12866.

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

    Dated: November 29, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-26325 Filed 11-29-18; 4:15 pm]
 BILLING CODE 3510-22-P



     62512            Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations

       Dated: November 29, 2018.                             Applicable restrictions after a                       DEPARTMENT OF COMMERCE
     Samuel D. Rauch III,                                    commercial quota closure are specified
     Deputy Assistant Administrator for                      in § 622.190(c).                                      National Oceanic and Atmospheric
     Regulatory Programs, National Marine                       (iii) If all commercial landings of                Administration
     Fisheries Service.                                      golden tilefish, as estimated by the SRD,
       For the reasons set out in the                        exceed the commercial ACL (including                  50 CFR Part 635
     preamble, 50 CFR part 622 is amended                    both the hook-and-line and longline                   [Docket No. 180117042–8884–02]
     as follows:                                             component quotas) specified in
                                                             § 622.190(a)(2)(i), and the combined                  RIN 0648–XG651
     PART 622—FISHERIES OF THE                               commercial and recreational ACL of
     CARIBBEAN, GULF OF MEXICO, AND                          342,000 lb (155,129 kg) is exceeded                   Atlantic Highly Migratory Species;
     SOUTH ATLANTIC                                          during the same fishing year, and                     Atlantic Bluefin Tuna Fisheries
                                                             golden tilefish are overfished based on               AGENCY:   National Marine Fisheries
     ■ 1. The authority citation for part 622                the most recent Status of U.S. Fisheries              Service (NMFS), National Oceanic and
     continues to read as follows:                           Report to Congress, the AA will file a                Atmospheric Administration (NOAA),
         Authority: 16 U.S.C. 1801 et seq.                   notification with the Office of the                   Commerce.
                                                             Federal Register to reduce the                        ACTION: Temporary rule; inseason quota
     ■ 2. In § 622.190, revise paragraphs
                                                             commercial ACL for that following                     transfer.
     (a)(2)(i) through (iii) to read as follows:
                                                             fishing year by the amount of the
     § 622.190    Quotas.                                    commercial ACL overage in the prior                   SUMMARY:   NMFS is transferring 129.2
     *       *    *     *      *                             fishing year.                                         metric tons (mt) of Atlantic bluefin tuna
        (a) * * *                                               (2) Recreational sector. (i) If                    (BFT) quota from the Reserve category
        (2) * * *                                            recreational landings of golden tilefish,             to the General category, and 9.9 mt from
        (i) Commercial sector (hook-and-line                 as estimated by the SRD, reach or are                 the Harpoon category to the General
     and longline components combined)—                      projected to reach the recreational ACL               category for the remainder of the 2018
     331,740 lb (150,475 kg).                                of 2,316 fish, the AA will file a                     fishing year, to account for accrued
        (ii) Hook-and-line component—                        notification with the Office of the                   overharvests of previous time period
     82,935 lb (37,619 kg).                                  Federal Register to close the recreational            subquotas. This action is intended to
        (iii) Longline component—248,805 lb                  sector for the remainder of the fishing               provide opportunities for General
     (112,856 kg).                                           year regardless if the stock is overfished,           category fishermen to participate in the
                                                             unless NMFS determines that no closure                December General category fishery,
     *       *    *     *      *                                                                                   which is scheduled to reopen on
                                                             is necessary based on the best scientific
     ■ 3. In § 622.193, revise paragraphs                                                                          December 1, 2018, and is based on
                                                             information available. On and after the
     (a)(1)(i) through (iii), and (a)(2), to read            effective date of such a notification, the            consideration of the regulatory
     as follows:                                             bag and possession limits for golden                  determination criteria regarding
     § 622.193 Annual catch limits (ACLs),                   tilefish in or from the South Atlantic                inseason adjustments. This action
     annual catch targets (ACTs), and                        EEZ are zero.                                         would affect Atlantic tunas General
     accountability measures (AMs).                             (ii) If recreational landings of golden            category (commercial) permitted vessels
        (a) * * *                                            tilefish, as estimated by the SRD, exceed             and Highly Migratory Species (HMS)
        (1) * * *                                            the recreational ACL specified of 2,316               Charter/Headboat category permitted
        (i) Hook-and-line component. If                      fish, then during the following fishing               vessels with a commercial sale
     commercial hook-and-line landings for                   year, recreational landings will be                   endorsement when fishing
     golden tilefish, as estimated by the SRD,               monitored for a persistence in increased              commercially for BFT.
     reach or are projected to reach the                     landings, and if necessary, the AA will               DATES: The quota transfer is effective
     commercial ACL (commercial quota)                       file a notification with the Office of the            November 29, 2018 through December
     specified in § 622.190(a)(2)(ii), the AA                Federal Register to reduce the length of              31, 2018.
     will file a notification with the Office of             the recreational fishing season and the               FOR FURTHER INFORMATION CONTACT:
     the Federal Register to close the hook-                 recreational ACL by the amount of the                 Uriah Forest-Bulley, 978–675–2154, or
     and-line component of the commercial                    recreational ACL overage, if the species              Brad McHale, 978–281–9260.
     sector for the remainder of the fishing                 is overfished based on the most recent                SUPPLEMENTARY INFORMATION:
     year. Applicable restrictions after a                   Status of U.S. Fisheries Report to                    Regulations implemented under the
     commercial quota closure are specified                  Congress, and if the combined                         authority of the Atlantic Tunas
     in § 622.190(c).                                        commercial and recreational ACL of                    Convention Act (ATCA; 16 U.S.C. 971 et
        (ii) Longline component. If                          342,000 lb (155,129 kg) is exceeded                   seq.) and the Magnuson-Stevens Fishery
     commercial longline landings for golden                 during the same fishing year. The AA                  Conservation and Management Act
     tilefish, as estimated by the SRD, reach                will use the best scientific information              (Magnuson-Stevens Act; 16 U.S.C. 1801
     or are projected to reach the longline                  available to determine if reducing the                et seq.) governing the harvest of BFT by
     commercial ACL (commercial quota)                       length of the recreational fishing season             persons and vessels subject to U.S.
     specified in § 622.190(a)(2)(iii), the AA               and recreational ACL is necessary.                    jurisdiction are found at 50 CFR part
     will file a notification with the Office of             When the recreational sector is closed as             635. Section 635.27 subdivides the U.S.
     the Federal Register to close the longline              a result of NMFS reducing the length of               BFT quota recommended by the
     component of the commercial sector for                  the recreational fishing season and ACL,              International Commission for the
     the remainder of the fishing year. After                the bag and possession limits for golden              Conservation of Atlantic Tunas (ICCAT)
     the commercial ACL for the longline                     tilefish in or from the South Atlantic                and as implemented by the United
     component is reached or projected to be                 EEZ are zero.                                         States among the various domestic
     reached, golden tilefish may not be                     *       *      *    *     *                           fishing categories, per the allocations
     fished for or possessed by a vessel with                [FR Doc. 2018–26317 Filed 12–3–18; 8:45 am]           established in the 2006 Consolidated
     a golden tilefish longline endorsement.                 BILLING CODE 3510–22–P                                Highly Migratory Species Fishery


VerDate Sep<11>2014   16:14 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00064   Fmt 4700   Sfmt 4700   E:\FR\FM\04DER1.SGM   04DER1


                      Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations                                       62513

     Management Plan (2006 Consolidated                      whichever comes first. Prior to this                  scheduled to re-open December 1, 2018.
     HMS FMP) (71 FR 58058, October 2,                       action, the adjusted Reserve category                 Transferring 129.2 mt of BFT quota from
     2006), as amended by Amendment 7 to                     quota was 142.9 mt, and was most                      the Reserve category, and 9.9 mt from
     the 2006 Consolidated HMS FMP                           recently adjusted in the October 11,                  the Harpoon category would allow the
     (Amendment 7) (79 FR 71510, December                    2018 quota rule, which augmented the                  General category fishery to resume as
     2, 2014). NMFS is required under ATCA                   2018 BFT Reserve category quota with                  scheduled and would result in a total of
     and the Magnuson-Stevens Act to                         available underharvest of the 2017                    50.0 mt being available to the General
     provide U.S. fishing vessels with a                     adjusted U.S. BFT quota. The Harpoon                  category in December after accounting
     reasonable opportunity to harvest the                   category fishery automatically closed for             for quota exceedances. It would also
     ICCAT-recommended quota.                                the year on November 15, 2018.                        leave 13.7 mt in the Reserve category to
        NMFS published a final rule (i.e., the                                                                     account for any BFT mortalities
     ‘‘quota rule’’ (83 FR 51391, October 11,                Quota Transfer
                                                                                                                   associated with research and/or any
     2018)) that increased the baseline U.S.                    Under § 635.27(a)(9), NMFS has the                 overharvests that may occur in
     BFT quota from 1,058.79 mt to 1,247.86                  authority to transfer quota among                     December. In analyzing the criteria for
     mt consistent with a 2017 ICCAT                         fishing categories or subcategories, after            transfer, NMFS also considered the fact
     recommendation and accordingly                          considering regulatory determination                  that BFT quota management throughout
     increased the category quotas for 2018.                 criteria at § 635.27(a)(8). NMFS has                  the year had been informed, in part, by
     Within the General category quota, each                 considered all of the relevant                        anticipated upward adjustments to the
     time period (January, June through                      determination criteria and their                      overall quota. Such adjustments, while
     August, September, October through                      applicability to the General category                 not certain, were anticipated as a result
     November, and December) is further                      fishery. These considerations include,                of the 2017 ICCAT recommendation
     allocated a subquota or portion of the                  but are not limited to, the following:                increasing the overall BFT quota and
     annual General category quota.                             Regarding the usefulness of                        upward adjustments for last year’s
     Although it is called the ‘‘January’’                   information obtained from catches in                  underharvests, although any such
     subquota, the regulations allow the                     the particular category for biological                adjustments would only take effect after
     General category fishery under this                     sampling and monitoring of the status of              appropriate rulemaking procedures and
     quota to continue until the subquota is                 the stock (§ 635.27(a)(8)(i)), biological             actions (i.e., the 2018 quota rule).
     reached or March 31, whichever comes                    samples collected from BFT landed by                     Regarding the projected ability of the
     first. The baseline subquotas for each                  General category fishermen and                        vessels fishing under the particular
     time period are as follows: 29.5 mt for                 provided by BFT dealers continue to                   category quota (here, the General
     January; 277.9 mt for June through                      provide NMFS with valuable data for                   category) to harvest the additional
     August; 147.3 mt for September; 72.2 mt                 ongoing scientific studies of BFT age                 amount of BFT quota transferred before
     for October through November; and 28.9                  and growth, migration, and reproductive               the end of the fishing year
     mt for December. Any unused General                     status. Additional opportunity to land                (§ 635.27(a)(8)(iii)), NMFS considered
     category quota rolls forward from one                   BFT over the longest time-period                      General category landings over the last
     time period to the next and is available                allowable would support the collection                several years and landings to date this
     for use in subsequent time periods                      of a broad range of data for these studies            year. Landings are highly variable and
     within the fishing year, which coincides                and for stock monitoring purposes.                    depend on access to commercial-sized
     with the calendar year.                                    NMFS considered the catches of the                 BFT and fishing conditions, among
        For the January 2018 subquota period,                General category quota to date                        other factors. A portion of the
     NMFS transferred 14.3 mt of BFT quota                   (including during the summer/fall and                 transferred quota covers overharvests in
     from the December 2018 subquota                         winter fisheries in the last several                  the category to date, and NMFS
     period, and transferred 10 mt from the                  years), and the likelihood of closure of              anticipates that General category
     Reserve category, resulting in an                       that segment of the fishery if no                     participants will be able to harvest the
     adjusted subquota of 53.8 mt for the                    adjustment is made (§ 635.27(a)(8)(ii)                remaining 50 mt of transferred BFT
     January 2018 period and a subquota of                   and (ix)). Preliminary landings data as               quota by the end of the fishing year.
     14.6 mt for the December 2018 period                    of November 26, 2018, indicate that the                  NMFS also considered the estimated
     (82 FR 60680, December 22, 2017, and                    Harpoon category landed 26.1 mt of the                amounts by which quotas for other gear
     83 FR 9232, March 5, 2018,                              36 mt adjusted Harpoon quota before                   categories of the fishery might be
     respectively). For 2018, NMFS also                      closing. They also indicate that the                  exceeded (§ 635.27(a)(8)(iv)) and the
     transferred a total of 75 mt from the                   General category has landed 770 mt this               ability to account for all 2018 landings
     Reserve and 40 mt from the Harpoon                      year, which exceeds the overall General               and dead discards. In the last several
     category to the General category through                category adjusted quota of 680.8 mt. For              years, total U.S. BFT landings have been
     two inseason actions in September and                   all commercial categories, however,                   below the total available U.S. quota
     October, resulting in an adjusted 2018                  approximately 23 percent (267.9 mt) of                such that the United States has carried
     General category quota of 680.8 mt and                  the total of the BFT category quotas                  forward the maximum amount of
     adjusted 2018 Harpoon category of 36                    remains available as of November 26,                  underharvest allowed by ICCAT from
     mt (83 FR 47843, September 21, 2018,                    2018 (i.e., 881 mt of 1148.9 mt has been              one year to the next. NMFS will need
     and 83 FR 50857, October 10, 2018,                      harvested), and NMFS anticipates that                 to account for 2018 landings and dead
     respectively). NMFS closed the October                  some amount of quota may remain                       discards within the adjusted U.S. quota,
     through November General category                       unused by the end of the year even with               consistent with ICCAT
     fishery after multiple reopenings when                  the transfer. Absent a transfer, the                  recommendations, and NMFS
     the subquota (127.2 mt) was met,                        December General category fishery                     anticipates having sufficient quota to do
     effective November 16, 2018 (83 FR                      would remain closed, even though                      that, even with this 139.1 mt transfer to
     57340, November 15, 2018). The 2018                     quota remains available within the                    the General category.
     General category fishery reopens                        overall quota for the year and NMFS                      This transfer would be consistent
     December 1, 2018, and will remain open                  anticipates that commercial-sized BFT                 with the current U.S. quota, which was
     until December 31, 2018, or until the                   will be readily available on the fishing              established and analyzed in the 2018
     General category quota is reached,                      grounds when the fishery is otherwise                 BFT quota final rule, and with


VerDate Sep<11>2014   16:14 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00065   Fmt 4700   Sfmt 4700   E:\FR\FM\04DER1.SGM   04DER1


     62514            Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations

     objectives of the 2006 Consolidated                     will be one large medium or giant BFT                 DEPARTMENT OF COMMERCE
     HMS FMP and amendments.                                 (measuring 73’’ or greater) per vessel per
     (§ 635.27(a)(8)(v) and (vi)). Another                   day/trip.                                             National Oceanic and Atmospheric
     principal consideration is the objective                                                                      Administration
     of providing opportunities to harvest the               Classification
     full annual U.S. BFT quota without                                                                            50 CFR Part 679
                                                                The Assistant Administrator for
     exceeding it based on the goals of the
                                                             NMFS (AA) finds that it is impracticable              [Docket No. 170816769–8162–02]
     2006 Consolidated HMS FMP and
                                                             and contrary to the public interest to                RIN 0648–XG470
     amendments, including to achieve
     optimum yield on a continuing basis                     provide prior notice of, and an
     and to optimize the ability of all permit               opportunity for public comment on, this               Fisheries of the Exclusive Economic
     categories to harvest their full BFT                    action for the following reasons:                     Zone Off Alaska; Pacific Cod by
     quota allocations (related to                              The regulations implementing the                   Catcher Vessels Less Than 50 Feet
     § 635.27(a)(8)(x)).                                     2006 Consolidated HMS FMP and                         Length Overall Using Hook-and-Line
        Based on the considerations above,                   amendments provide for inseason                       Gear in the Central Regulatory Area of
     NMFS is transferring 129.2 mt from the                  retention limit adjustments to respond                the Gulf of Alaska
     Reserve category to the General                         to the unpredictable nature of BFT                    AGENCY:  National Marine Fisheries
     category. Therefore, NMFS adjusts the                   availability on the fishing grounds, the              Service (NMFS), National Oceanic and
     General category December subquota                      migratory nature of this species, and the             Atmospheric Administration (NOAA),
     quota to 50.0 mt for the 2018 General                   regional variations in the BFT fishery.               Commerce.
     category fishing season and adjusts the
                                                             Affording prior notice and opportunity                ACTION: Temporary rule; closure.
     Reserve category quota to 13.7 mt. The
     2018 General category fishery reopens                   for public comment to implement the
                                                             quota transfer for the remainder of 2018              SUMMARY:   NMFS is prohibiting directed
     December 1, 2018, and will remain open                                                                        fishing for Pacific cod by catcher vessels
     until December 31, 2018, or until the                   is impracticable and contrary to the
                                                                                                                   less than 50 feet length overall (LOA)
     adjusted General category quota is                      public interest as such a delay would
                                                                                                                   using hook-and-line gear in the Central
     reached, whichever comes first.                         result in continued closure of the
                                                                                                                   Regulatory Area of the Gulf of Alaska
                                                             General category fishery (because the                 (GOA). This action is necessary to
     Monitoring and Reporting                                available quota has been exceeded) and                prevent exceeding the 2018 Pacific cod
        NMFS will continue to monitor the                    the need to re-open the fishery later in              total allowable catch apportioned to
     BFT fishery closely. Dealers are required               the December time period, rather than                 catcher vessels less than 50 feet LOA
     to submit landing reports within 24                     the fishery automatically re-opening on               using hook-and-line gear in the Central
     hours of a dealer receiving BFT. Late                   December 1. The delay would preclude                  Regulatory Area of the GOA.
     reporting by dealers compromises                        the fishery from harvesting BFT that are              DATES: Effective 1200 hours, Alaska
     NMFS’ ability to timely implement                       available on the fishing grounds and
     actions such as quota and retention                                                                           local time (A.l.t.), December 1, 2018,
                                                             that might otherwise become                           through 2400 hours, A.l.t., December 31,
     limit adjustment, as well as closures,                  unavailable during a delay. Therefore,
     and may result in enforcement actions.                                                                        2018.
                                                             the AA finds good cause under 5 U.S.C.                FOR FURTHER INFORMATION CONTACT:
     Additionally, and separate from the
                                                             553(b)(B) to waive prior notice and the               Obren Davis, 907–586–7228.
     dealer reporting requirement, General
     and HMS Charter/Headboat category                       opportunity for public comment. For                   SUPPLEMENTARY INFORMATION: NMFS
     vessel owners are required to report the                these reasons, there also is good cause               manages the groundfish fishery in the
     catch of all BFT retained or discarded                  under 5 U.S.C. 553(d) to waive the 30-                GOA exclusive economic zone
     dead within 24 hours of the landing(s)                  day delay in effectiveness.                           according to the Fishery Management
     or end of each trip, by accessing                          This action is being taken under                   Plan for Groundfish of the Gulf of
     hmspermits.noaa.gov or by using the                     § 635.27(a)(9) (Inseason adjustments)                 Alaska (FMP) prepared by the North
     HMS Catch Reporting app, or calling                     and is exempt from review under                       Pacific Fishery Management Council
     (888) 872–8862 (Monday through Friday                   Executive Order 12866.                                under authority of the Magnuson-
     from 8 a.m. until 4:30 p.m.).                                                                                 Stevens Fishery Conservation and
        Depending on the level of fishing                       Authority: 16 U.S.C. 971 et seq. and 1801
                                                                                                                   Management Act. Regulations governing
                                                             et seq.
     effort and catch rates of BFT, NMFS                                                                           fishing by U.S. vessels in accordance
     may determine that additional action                      Dated: November 29, 2018.                           with the FMP appear at subpart H of 50
     (e.g., quota adjustment or closure) is                  Alan D. Risenhoover,                                  CFR part 600 and 50 CFR part 679.
     necessary to ensure available subquotas                 Director, Office of Sustainable Fisheries,            Regulations governing sideboard
     are not exceeded or to enhance                          National Marine Fisheries Service.                    protections for GOA groundfish
     scientific data collection from, and                    [FR Doc. 2018–26325 Filed 11–29–18; 4:15 pm]          fisheries appear at subpart B of 50 CFR
     fishing opportunities in, all geographic                                                                      part 680.
                                                             BILLING CODE 3510–22–P
     areas. If needed, subsequent                                                                                     The 2018 Pacific cod total allowable
     adjustments will be published in the                                                                          catch (TAC) apportioned to catcher
     Federal Register. In addition, fishermen                                                                      vessels less than 50 feet LOA using
     may call the Atlantic Tunas Information                                                                       hook-and-line gear in the Central
     Line at (978) 281–9260, or access                                                                             Regulatory Area of the GOA is 880
     hmspermits.noaa.gov, for updates on                                                                           metric tons (mt), as established by the
     quota monitoring and inseason                                                                                 final 2018 and 2019 harvest
     adjustments.                                                                                                  specifications for groundfish of the GOA
        NMFS reminds General category                                                                              (83 FR 8768, March 1, 2018).
     participants that when the fishery                                                                               In accordance with § 679.20(d)(1)(i),
     reopens December 1, 2018, the BFT                                                                             the Administrator, Alaska Region,
     General category daily retention limit                                                                        NMFS (Regional Administrator) has


VerDate Sep<11>2014   16:14 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00066   Fmt 4700   Sfmt 4700   E:\FR\FM\04DER1.SGM   04DER1



Document Created: 2018-12-04 00:42:40
Document Modified: 2018-12-04 00:42:40
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; inseason quota transfer.
DatesThe quota transfer is effective November 29, 2018 through December 31, 2018.
ContactUriah Forest-Bulley, 978-675-2154, or Brad McHale, 978-281-9260.
FR Citation83 FR 62512 
RIN Number0648-XG65

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR