83_FR_9275 83 FR 9232 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery

83 FR 9232 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 43 (March 5, 2018)

Page Range9232-9235
FR Document2018-04397

NMFS transfers 10 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the January 2018 subquota period (from January 1 through March 31, 2018, or until the available subquota for this period is reached, whichever comes first) and closes the General category fishery for large medium and giant BFT until the General category reopens on June 1, 2018. The quota transfer is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT. The intent of the closure is to prevent overharvest of the available General category January 2018 BFT subquota as adjusted in this action.

Federal Register, Volume 83 Issue 43 (Monday, March 5, 2018)
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Rules and Regulations]
[Pages 9232-9235]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04397]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XG061


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; General Category Fishery

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

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

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SUMMARY: NMFS transfers 10 metric tons (mt) of Atlantic bluefin tuna 
(BFT) quota from the Reserve category to the January 2018 subquota 
period (from January 1 through March 31, 2018, or until the available 
subquota for this period is reached, whichever comes

[[Page 9233]]

first) and closes the General category fishery for large medium and 
giant BFT until the General category reopens on June 1, 2018. The quota 
transfer is based on consideration of the regulatory determination 
criteria regarding inseason adjustments and applies to Atlantic tunas 
General category (commercial) permitted vessels and Highly Migratory 
Species (HMS) Charter/Headboat category permitted vessels with a 
commercial sale endorsement when fishing commercially for BFT. The 
intent of the closure is to prevent overharvest of the available 
General category January 2018 BFT subquota as adjusted in this action.

DATES: The quota transfer is effective February 28, 2018, through March 
2, 2018. The closure is effective 11:30 p.m., local time, March 2, 
2018, through May 31, 2018.

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

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by 
persons and vessels subject to U.S. jurisdiction are found at 50 CFR 
635. Section 635.27 subdivides the U.S. BFT quota recommended by the 
International Commission for the Conservation of Atlantic Tunas (ICCAT) 
and as implemented by the United States among the various domestic 
fishing categories, per the allocations established in the 2006 
Consolidated Highly Migratory Species Fishery Management Plan (2006 
Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by 
Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 
71510, December 2, 2014). NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable 
opportunity to harvest the ICCAT-recommended quota.
    NMFS is required, under regulations at Sec.  635.28(a)(1), to file 
a closure notice for publication with the Office of the Federal 
Register when a BFT quota is reached or is projected to be reached. On 
and after the effective date and time of such notification, for the 
remainder of the fishing year or for a specified period as indicated in 
the notification, retaining, possessing, or landing BFT under that 
quota category is prohibited until the opening of the subsequent quota 
period or until such date as specified in the notice.
    The base quota for the General category is 466.7 mt. See Sec.  
635.27(a). Each of the General category time periods (January, June 
through August, September, October through November, and December) is 
allocated a ``subquota'' or portion of the annual General category 
quota. Although it is called the ``January'' subquota, the regulations 
allow the General category fishery under this quota to continue until 
the subquota is reached or March 31, whichever comes first. The 
subquotas for each time period are as follows: 24.7 mt for January; 
233.3 mt for June through August; 123.7 mt for September; 60.7 mt for 
October through November; and 24.3 mt for December. Any unused General 
category quota rolls forward within the fishing year, which coincides 
with the calendar year, from one time period to the next, and is 
available for use in subsequent time periods. Effective January 1, 
2017, NMFS transferred 14.3 mt of the 24.3-mt General category quota 
allocated for the December 2018 period to the January 2018 period, 
resulting in an adjusted subquota of 39 mt for the January period and a 
subquota of 10 mt for the December 2017 period (82 FR 60680, December 
22, 2017).
    Although the 2017 ICCAT recommendation regarding western BFT 
management would result in an increase to the baseline U.S. BFT quota 
(i.e., from 1,058.79 mt to 1,247.86 mt) and subquotas for 2018 
(including an expected increase in General category quota from 466.7 mt 
to 555.7 mt, consistent with the annual BFT quota calculation process 
established in Amendment 7), domestic implementation of that 
recommendation will take place in a separate rulemaking, likely to be 
finalized in mid-2018.

Transfer of 10 mt From the Reserve Category to the General Category

    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories, after considering regulatory 
determination criteria provided under Sec.  635.27(a)(8). NMFS has 
considered all of the relevant determination criteria and their 
applicability to this inseason quota. 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 to 
researchers by tuna dealers give NMFS valuable parts and data for 
ongoing scientific studies of BFT age and growth, migration, and 
reproductive status.
    NMFS also considered the catches of the General category quota to 
date (including during the winter fishery 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)). As of February 26, 2018, 
the General category landed 31.3 mt (80 percent) of its adjusted 
January 2018 subquota of 39 mt. Although this Notice also closes the 
fishery, without a quota transfer, closure may have been necessary 
sooner or the subquota category could have exceeded its available 
quota, while some quota is available in the Reserve category and while 
commercial-sized bluefin tuna may remain available in the areas where 
General category permitted vessels operate at this time of year. 
Transferring 10 mt of quota from the Reserve category would result in 
49 mt being available for the January fishery, thus providing limited 
additional opportunities to harvest the U.S. bluefin tuna quota while 
avoiding exceeding it.
    Regarding the projected ability of the vessels fishing under the 
particular category quota (here, the General category) to harvest the 
additional amount of BFT before the end of the fishing year (Sec.  
635.27(a)(8)(iii)), NMFS anticipates that all of the 10 mt of qutoa 
will be used by March 2, based on current figures and the relatively 
small amount of quota being transferred. In the unlikely event that any 
of this quota is unused, by March 31, such quota will roll forward to 
the next subperiod within the calendar year (i.e., the June-August time 
period), and NMFS anticipates that it would be used before the end of 
the fishing year.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the fishery might be exceeded (Sec.  
635.27(a)(8)(iv)) and the ability to account for all 2018 landings and 
dead discards. In the last several years, total U.S. BFT landings have 
been below the available U.S. quota such that the United States has 
carried forward the maximum amount of underharvest allowed by ICCAT 
from one year to the next. In 2016 and 2017, the General category 
exceeded its adjusted quota (discussed below) but sufficient quota was 
available to cover the exceedance without affecting the other 
categories. NMFS will need to account for 2018 landings and dead 
discards within the adjusted U.S. quota, consistent with ICCAT 
recommendations, and anticipates having sufficient quota to do that, 
even with the 10 mt transfer to the General category for the January 
fishery.

[[Page 9234]]

    This transfer would be consistent with the current quotas, which 
were established and analyzed in the 2015 BFT quota final rule (80 FR 
52198, August 28, 2015), and with objectives of the 2006 Consolidated 
HMS FMP and amendments. (Sec.  635.27(a)(8)(v) and (vi)). At this time, 
there is a relatively small amount of quota in the Reserve category 
available to transfer to other categories or use for scientific 
research and for prudent responsive management. In the past, we have 
conducted the annual reallocation of unused Purse Seine category quota 
to the Reserve category earlier in the year, which resulted in more 
Reserve category quota available at this time of year. Even if more 
quota were available, however, we likely would limit the amount of 
transferred quota, given considerations related to prudent longer-term 
management for all categories of the fishery this year. 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 Amendment 7, including 
to achieve optimum yield on a continuing basis and to optimize the 
ability of all permit categories to harvest their full BFT quota 
allocations (related to Sec.  635.27(a)(8)(x)).
    NMFS also anticipates that some underharvest of the 2017 adjusted 
U.S. BFT quota will be carried forward to 2018 and placed in the 
Reserve category, in accordance with the regulations, later this year. 
This, in addition to the fact that any unused General category quota 
will roll forward to the next subperiod within the calendar year, as 
well as the anticipated increase in the U.S. quota and subquotas for 
2018 as a result of ICCAT recommendations and NMFS' plan to actively 
manage the subquotas to avoid any exceedances, makes it likely that 
General category quota will remain available through the end of 2018 
for December fishery participants, after the fishery re-opens later 
this year. NMFS also may choose to transfer unused quota from the 
Reserve or other categories, inseason, based on consideration of the 
determination criteria, as NMFS did for late 2017 (i.e., transferred 
156.4 mt from the Reserve category, effective October 1, 2017 (82 FR 
46000, October 3, 2017)), and later transferred another 25.6 mt from 
the Harpoon category, effective December 1 (82 FR 55520, November 22, 
2017). NMFS anticipates that General category participants in all areas 
and time periods will have opportunities to harvest the General 
category quota in 2018, through active inseason management such as 
retention limit adjustments and/or the timing of quota transfers, as 
practicable. Thus, this quota transfer would allow fishermen to take 
advantage of the availability of fish on the fishing grounds to the 
extent consistent with the available amount transferrable quota and 
other management objectives, while avoiding quota exceedance.
    Based on the considerations above, NMFS is transferring 10 mt of 
the 24.8-mt Reserve category quota to the General category for the 
January 2018 fishery, resulting in a subquota of 49 mt for the January 
2018 fishery and 14.8 mt in the Reserve category.

Closure of the January 2018 General Category Fishery

    Based on the best available bluefin tuna General category landings 
information (i.e., 31.3 mt landed as of February 26, 2018) as well as 
average catch rates and anticipated fishing conditions, NMFS projects 
that the General category January subquota of 49 mt, as adjusted in 
this action, will be reached by March 2, 2018, and that the fishery 
should be closed to avoid exceedance of the enhanced quota. Through 
this action, we are closing the General category bluefin tuna fishery 
effective 11:30 p.m., March 2, 2018, through May 31, 2018. The fishery 
will reopen on June 1, 2018, with a quota of 233.3 mt available for the 
June through August time period. Therefore, retaining, possessing, or 
landing large medium or giant BFT by persons aboard vessels permitted 
in the Atlantic tunas General and HMS Charter/Headboat categories must 
cease at 11:30 p.m. local time on March 2, 2018. The General category 
will reopen automatically on June 1, 2018, for the June through August 
2018 subquota period. This action applies to Atlantic tunas General 
category (commercial) permitted vessels and Highly Migratory Species 
(HMS) Charter/Headboat category permitted vessels when fishing 
commercially for BFT, and is taken consistent with the regulations at 
Sec.  635.28(a)(1). The intent of this closure is to prevent 
overharvest of the available General category January BFT subquota.
    Fishermen may catch and release (or tag and release) BFT of all 
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs at Sec.  635.26. All BFT that are released must be 
handled in a manner that will maximize their survival, and without 
removing the fish from the water, consistent with requirements at Sec.  
635.21(a)(1). For additional information on safe handling, see the 
``Careful Catch and Release'' brochure available at www.nmfs.noaa.gov/sfa/hms/.

Monitoring and Reporting

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

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP and 
amendments provide for inseason quota transfers and fishery closures to 
respond to the unpredictable nature of BFT availability on the fishing 
grounds, the migratory nature of this species, and the regional 
variations in the BFT fishery. These fisheries are currently underway 
and the currently available quota for the subcategory is projected to 
be reached shortly. Affording prior notice and opportunity for public 
comment to implement the quota transfer is impracticable and contrary 
to the public interest as such a delay would likely result in 
exceedance of the General category January fishery subquota or earlier 
closure of the fishery while fish are available on the fishing grounds. 
Subquota exceedance may result in the

[[Page 9235]]

need to reduce quota for the General category later in the year and 
thus could affect later fishing opportunities. Therefore, the AA finds 
good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment. For all of the above reasons, there 
also is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in 
effectiveness.
    This action is being taken under Sec. Sec.  635.27(a)(9) and 
635.28(a)(1), and is exempt from review under Executive Order 12866.

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

    Dated: February 28, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-04397 Filed 2-28-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                              9232                Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations

                                              paragraph (g) of this section, the                      proceedings are permitted after the                      (iii) If a single meeting includes
                                              prohibitions against ex parte                           issuance of a notice of proposed                      presentations from multiple parties,
                                              communications apply following the                      rulemaking and until 20 days before the               counsel, or persons, a single summary
                                              issuance of a notice of proposed                        deadline for reply comments set forth in              may be submitted so long as all
                                              rulemaking. The prohibitions in covered                 the notice of proposed rulemaking,                    presenters agree to the form and content
                                              proceedings continue until the                          unless otherwise specified by the Board               of the summary.
                                              proceeding is no longer subject to                      in procedural orders governing the                       (iv) If a memorandum, including any
                                              administrative reconsideration under 49                 proceeding. The Board may delegate its                attachments, contains information that
                                              U.S.C. 1322(c) or judicial review.                      participation in such ex parte                        the presenter asserts is confidential, the
                                                 (e) Procedure required of Board                      communications to Board staff. All such               presenter must submit a public version
                                              Members and Board staff upon receipt                    ex parte communications must be                       and a confidential version of the
                                              of prohibited ex parte communications.                  disclosed in accordance with paragraph                memorandum. If there is no existing
                                              (1) Any Board Member, hearing officer,                  (g)(4) of this section. Any person who                protective order governing the
                                              or Board employee who receives an ex                    engages in such ex parte                              proceeding, the presenter must, at the
                                              parte communication not permitted by                    communications must comply with any                   same time the presenter submits its
                                              these regulations must promptly                         schedule and additional instructions                  public and redacted memoranda, file a
                                              transmit either the written                             provided by the Board in the                          request with the Board seeking such an
                                              communication, or a written summary                     proceeding. Communications that do                    order pursuant to § 1104.14 of this
                                              of the oral communication with an                       not comply with this section or with the              chapter.
                                              outline of the surrounding                              schedule and instructions established in                 (v) Memoranda must be submitted to
                                              circumstances to the Chief, Section of                  the proceeding are not permitted and                  the Board in the manner prescribed no
                                              Administration, Office of Proceedings,                  are subject to the procedures and                     later than two business days after the ex
                                              Surface Transportation Board. The                       sanctions in paragraphs (e) and (f) of                parte communication.
                                              Section Chief shall promptly place the                  this section.                                            (vi) Ex parte memoranda submitted
                                              written material or summary in the                         (2) To schedule ex parte meetings                  under this section will be posted on the
                                              correspondence section of the public                    permitted under paragraph (g)(1) of this              Board’s website in the docket for the
                                              docket of the proceeding with a                         section, parties should contact the                   informal rulemaking proceeding within
                                              designation indicating that it is a                     Board’s Office of Public Assistance,                  five days of submission. If a presenter
                                              prohibited ex parte communication that                  Governmental Affairs, and Compliance                  has requested confidential treatment for
                                              is not part of the decisional record.                   or the Board Member office with whom                  all or part of a memorandum, only the
                                                 (2) Any Board Member, hearing                        the meeting is requested, unless                      public version will appear on the
                                              officer, or Board employee who is the                   otherwise specified by the Board.                     Board’s website. Persons seeking access
                                              recipient of such ex parte                                 (3) Parties seeking to present                     to the confidential version must do so
                                              communication may request a ruling                      confidential information during an ex                 pursuant to the protective order
                                              from the Board’s Designated Agency                      parte communication must inform the                   governing the proceeding.
                                              Ethics Official as to whether the                       Board of the confidentiality of the
                                                                                                                                                            [FR Doc. 2018–04411 Filed 3–2–18; 8:45 am]
                                              communication is a prohibited ex parte                  information at the time of the
                                              communication. The Designated Agency                    presentation and must comply with the                 BILLING CODE 4915–01–P

                                              Ethics Official shall promptly reply to                 disclosure requirements in paragraph
                                              such requests. The Chief, Section of                    (g)(4)(iv) of this section.
                                              Administration, Office of Proceedings,                     (4) The following disclosure                       DEPARTMENT OF COMMERCE
                                              shall promptly notify the Chairman of                   requirements apply to ex parte
                                              the Board of such ex parte                              communications permitted under                        National Oceanic and Atmospheric
                                              communications sent to the Section                      paragraph (g)(1) of this section:                     Administration
                                              Chief. The Designated Agency Ethics                        (i) Any person who engages in ex
                                              Official shall promptly notify the                      parte communications in an informal                   50 CFR Part 635
                                              Chairman of all requests for rulings sent               rulemaking proceeding shall submit to                 [Docket No. 150121066–5717–02]
                                              to the Designated Agency Ethics                         the Board Member office or delegated
                                                                                                      Board staff with whom the meeting was                 RIN 0648–XG061
                                              Official. The Chairman may require that
                                              any communication be placed in the                      held a memorandum that states the date
                                                                                                                                                            Atlantic Highly Migratory Species;
                                              correspondence section of the docket                    and location of the communication; lists
                                                                                                                                                            Atlantic Bluefin Tuna Fisheries;
                                              when fairness requires that it be made                  the names and titles of all persons who
                                                                                                                                                            General Category Fishery
                                              public, even if it is not a prohibited                  attended (including via phone or video)
                                              communication. The Chairman may                         or otherwise participated in the meeting              AGENCY:  National Marine Fisheries
                                              direct the taking of such other action as               during which the ex parte                             Service (NMFS), National Oceanic and
                                              may be appropriate under the                            communication occurred; and                           Atmospheric Administration (NOAA),
                                              circumstances.                                          summarizes the data and arguments                     Commerce.
                                                 (f) * * *                                            presented during the ex parte                         ACTION: Temporary rule; General
                                                 (3) The Board may censure, suspend,                  communication. Any written or                         category January fishery for 2018;
                                              dismiss, or institute proceedings to                    electronic material shown or given to                 inseason bluefin tuna quota transfer and
                                              suspend or dismiss any Board employee                   Board Members or Board staff during                   closure.
                                              who knowingly and willfully violates                    the meeting must be attached to the
sradovich on DSK3GMQ082PROD with RULES




                                              the rules in this section.                              memorandum.                                           SUMMARY:   NMFS transfers 10 metric
                                                 (g) Ex parte communications in                          (ii) Memoranda must be sufficiently                tons (mt) of Atlantic bluefin tuna (BFT)
                                              informal rulemaking proceedings;                        detailed to describe the substance of the             quota from the Reserve category to the
                                              disclosure requirements. (1)                            presentation. Board Members or Board                  January 2018 subquota period (from
                                              Notwithstanding paragraph (c) of this                   staff may ask presenters to resubmit                  January 1 through March 31, 2018, or
                                              section, ex parte communications with                   memoranda that are not sufficiently                   until the available subquota for this
                                              Board Members in informal rulemaking                    detailed.                                             period is reached, whichever comes


                                         VerDate Sep<11>2014   15:56 Mar 02, 2018   Jkt 244001   PO 00000   Frm 00098   Fmt 4700   Sfmt 4700   E:\FR\FM\05MRR1.SGM   05MRR1


                                                                  Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations                                           9233

                                              first) and closes the General category                     The base quota for the General                     and growth, migration, and reproductive
                                              fishery for large medium and giant BFT                  category is 466.7 mt. See § 635.27(a).                status.
                                              until the General category reopens on                   Each of the General category time                        NMFS also considered the catches of
                                              June 1, 2018. The quota transfer is based               periods (January, June through August,                the General category quota to date
                                              on consideration of the regulatory                      September, October through November,                  (including during the winter fishery in
                                              determination criteria regarding                        and December) is allocated a                          the last several years), and the
                                              inseason adjustments and applies to                     ‘‘subquota’’ or portion of the annual                 likelihood of closure of that segment of
                                              Atlantic tunas General category                         General category quota. Although it is                the fishery if no adjustment is made
                                              (commercial) permitted vessels and                      called the ‘‘January’’ subquota, the                  (§ 635.27(a)(8)(ii)). As of February 26,
                                              Highly Migratory Species (HMS)                          regulations allow the General category                2018, the General category landed 31.3
                                              Charter/Headboat category permitted                     fishery under this quota to continue                  mt (80 percent) of its adjusted January
                                              vessels with a commercial sale                          until the subquota is reached or March                2018 subquota of 39 mt. Although this
                                              endorsement when fishing                                31, whichever comes first. The                        Notice also closes the fishery, without a
                                              commercially for BFT. The intent of the                 subquotas for each time period are as                 quota transfer, closure may have been
                                              closure is to prevent overharvest of the                follows: 24.7 mt for January; 233.3 mt                necessary sooner or the subquota
                                              available General category January 2018                 for June through August; 123.7 mt for                 category could have exceeded its
                                              BFT subquota as adjusted in this action.                September; 60.7 mt for October through                available quota, while some quota is
                                              DATES: The quota transfer is effective                  November; and 24.3 mt for December.                   available in the Reserve category and
                                              February 28, 2018, through March 2,                     Any unused General category quota                     while commercial-sized bluefin tuna
                                              2018. The closure is effective 11:30                    rolls forward within the fishing year,                may remain available in the areas where
                                              p.m., local time, March 2, 2018, through                which coincides with the calendar year,               General category permitted vessels
                                              May 31, 2018.                                           from one time period to the next, and                 operate at this time of year. Transferring
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      is available for use in subsequent time               10 mt of quota from the Reserve
                                              Sarah McLaughlin or Brad McHale,                        periods. Effective January 1, 2017,                   category would result in 49 mt being
                                              978–281–9260.                                           NMFS transferred 14.3 mt of the 24.3-                 available for the January fishery, thus
                                                                                                      mt General category quota allocated for               providing limited additional
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      the December 2018 period to the                       opportunities to harvest the U.S. bluefin
                                              Regulations implemented under the                       January 2018 period, resulting in an
                                              authority of the Atlantic Tunas                                                                               tuna quota while avoiding exceeding it.
                                                                                                      adjusted subquota of 39 mt for the                       Regarding the projected ability of the
                                              Convention Act (ATCA; 16 U.S.C. 971 et                  January period and a subquota of 10 mt
                                              seq.) and the Magnuson-Stevens Fishery                                                                        vessels fishing under the particular
                                                                                                      for the December 2017 period (82 FR                   category quota (here, the General
                                              Conservation and Management Act                         60680, December 22, 2017).
                                              (Magnuson-Stevens Act; 16 U.S.C. 1801                                                                         category) to harvest the additional
                                                                                                         Although the 2017 ICCAT
                                              et seq.) governing the harvest of BFT by                                                                      amount of BFT before the end of the
                                                                                                      recommendation regarding western BFT
                                              persons and vessels subject to U.S.                                                                           fishing year (§ 635.27(a)(8)(iii)), NMFS
                                                                                                      management would result in an increase
                                              jurisdiction are found at 50 CFR 635.                   to the baseline U.S. BFT quota (i.e., from            anticipates that all of the 10 mt of qutoa
                                              Section 635.27 subdivides the U.S. BFT                  1,058.79 mt to 1,247.86 mt) and                       will be used by March 2, based on
                                              quota recommended by the                                subquotas for 2018 (including an                      current figures and the relatively small
                                              International Commission for the                        expected increase in General category                 amount of quota being transferred. In
                                              Conservation of Atlantic Tunas (ICCAT)                  quota from 466.7 mt to 555.7 mt,                      the unlikely event that any of this quota
                                              and as implemented by the United                        consistent with the annual BFT quota                  is unused, by March 31, such quota will
                                              States among the various domestic                       calculation process established in                    roll forward to the next subperiod
                                              fishing categories, per the allocations                 Amendment 7), domestic                                within the calendar year (i.e., the June–
                                              established in the 2006 Consolidated                    implementation of that recommendation                 August time period), and NMFS
                                              Highly Migratory Species Fishery                        will take place in a separate rulemaking,             anticipates that it would be used before
                                              Management Plan (2006 Consolidated                      likely to be finalized in mid-2018.                   the end of the fishing year.
                                              HMS FMP) (71 FR 58058, October 2,                                                                                NMFS also considered the estimated
                                              2006), as amended by Amendment 7 to                     Transfer of 10 mt From the Reserve                    amounts by which quotas for other gear
                                              the 2006 Consolidated HMS FMP                           Category to the General Category                      categories of the fishery might be
                                              (Amendment 7) (79 FR 71510, December                       Under § 635.27(a)(9), NMFS has the                 exceeded (§ 635.27(a)(8)(iv)) and the
                                              2, 2014). NMFS is required under ATCA                   authority to transfer quota among                     ability to account for all 2018 landings
                                              and the Magnuson-Stevens Act to                         fishing categories or subcategories, after            and dead discards. In the last several
                                              provide U.S. fishing vessels with a                     considering regulatory determination                  years, total U.S. BFT landings have been
                                              reasonable opportunity to harvest the                   criteria provided under § 635.27(a)(8).               below the available U.S. quota such that
                                              ICCAT-recommended quota.                                NMFS has considered all of the relevant               the United States has carried forward
                                                 NMFS is required, under regulations                  determination criteria and their                      the maximum amount of underharvest
                                              at § 635.28(a)(1), to file a closure notice             applicability to this inseason quota.                 allowed by ICCAT from one year to the
                                              for publication with the Office of the                  These considerations include, but are                 next. In 2016 and 2017, the General
                                              Federal Register when a BFT quota is                    not limited to, the following:                        category exceeded its adjusted quota
                                              reached or is projected to be reached.                     Regarding the usefulness of                        (discussed below) but sufficient quota
                                              On and after the effective date and time                information obtained from catches in                  was available to cover the exceedance
                                              of such notification, for the remainder of              the particular category for biological                without affecting the other categories.
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                                              the fishing year or for a specified period              sampling and monitoring of the status of              NMFS will need to account for 2018
                                              as indicated in the notification,                       the stock (§ 635.27(a)(8)(i)), biological             landings and dead discards within the
                                              retaining, possessing, or landing BFT                   samples collected from BFT landed by                  adjusted U.S. quota, consistent with
                                              under that quota category is prohibited                 General category fishermen and                        ICCAT recommendations, and
                                              until the opening of the subsequent                     provided to researchers by tuna dealers               anticipates having sufficient quota to do
                                              quota period or until such date as                      give NMFS valuable parts and data for                 that, even with the 10 mt transfer to the
                                              specified in the notice.                                ongoing scientific studies of BFT age                 General category for the January fishery.


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                                              9234                Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations

                                                 This transfer would be consistent                    2018, through active inseason                         ‘‘Careful Catch and Release’’ brochure
                                              with the current quotas, which were                     management such as retention limit                    available at www.nmfs.noaa.gov/sfa/
                                              established and analyzed in the 2015                    adjustments and/or the timing of quota                hms/.
                                              BFT quota final rule (80 FR 52198,                      transfers, as practicable. Thus, this
                                                                                                                                                            Monitoring and Reporting
                                              August 28, 2015), and with objectives of                quota transfer would allow fishermen to
                                              the 2006 Consolidated HMS FMP and                       take advantage of the availability of fish               NMFS will continue to monitor the
                                              amendments. (§ 635.27(a)(8)(v) and (vi)).               on the fishing grounds to the extent                  BFT fishery closely. Dealers are required
                                              At this time, there is a relatively small               consistent with the available amount                  to submit landing reports within 24
                                              amount of quota in the Reserve category                 transferrable quota and other                         hours of a dealer receiving BFT. Late
                                              available to transfer to other categories               management objectives, while avoiding                 reporting by dealers compromises
                                              or use for scientific research and for                  quota exceedance.                                     NMFS’ ability to timely implement
                                              prudent responsive management. In the                      Based on the considerations above,                 actions such as quota and retention
                                              past, we have conducted the annual                      NMFS is transferring 10 mt of the 24.8-               limit adjustment, as well as closures,
                                              reallocation of unused Purse Seine                      mt Reserve category quota to the                      and may result in enforcement actions.
                                              category quota to the Reserve category                  General category for the January 2018                 Additionally, and separate from the
                                              earlier in the year, which resulted in                  fishery, resulting in a subquota of 49 mt             dealer reporting requirement, General
                                              more Reserve category quota available at                for the January 2018 fishery and 14.8 mt              and HMS Charter/Headboat category
                                              this time of year. Even if more quota                   in the Reserve category.                              vessel owners are required to report the
                                              were available, however, we likely                                                                            catch of all BFT retained or discarded
                                                                                                      Closure of the January 2018 General                   dead within 24 hours of the landing(s)
                                              would limit the amount of transferred                   Category Fishery
                                              quota, given considerations related to                                                                        or end of each trip, by accessing
                                                                                                         Based on the best available bluefin                hmspermits.noaa.gov or by using the
                                              prudent longer-term management for all
                                                                                                      tuna General category landings                        HMS Catch Reporting App.
                                              categories of the fishery this year.
                                                                                                      information (i.e., 31.3 mt landed as of                  Depending on the level of fishing
                                              Another principal consideration is the
                                                                                                      February 26, 2018) as well as average                 effort and catch rates of BFT, NMFS
                                              objective of providing opportunities to
                                                                                                      catch rates and anticipated fishing                   may determine that additional action
                                              harvest the full annual U.S. BFT quota
                                                                                                      conditions, NMFS projects that the                    (e.g., quota adjustment, daily retention
                                              without exceeding it based on the goals
                                                                                                      General category January subquota of 49               limit adjustment, or closure) is
                                              of the 2006 Consolidated HMS FMP and
                                                                                                      mt, as adjusted in this action, will be               necessary to ensure available subquotas
                                              Amendment 7, including to achieve
                                                                                                      reached by March 2, 2018, and that the                are not exceeded or to enhance
                                              optimum yield on a continuing basis
                                                                                                      fishery should be closed to avoid                     scientific data collection from, and
                                              and to optimize the ability of all permit               exceedance of the enhanced quota.                     fishing opportunities in, all geographic
                                              categories to harvest their full BFT                    Through this action, we are closing the               areas. If needed, subsequent
                                              quota allocations (related to                           General category bluefin tuna fishery                 adjustments will be published in the
                                              § 635.27(a)(8)(x)).                                     effective 11:30 p.m., March 2, 2018,                  Federal Register. In addition, fishermen
                                                 NMFS also anticipates that some                      through May 31, 2018. The fishery will                may call the Atlantic Tunas Information
                                              underharvest of the 2017 adjusted U.S.                  reopen on June 1, 2018, with a quota of               Line at (978) 281–9260, or access
                                              BFT quota will be carried forward to                    233.3 mt available for the June through               hmspermits.noaa.gov, for updates on
                                              2018 and placed in the Reserve                          August time period. Therefore,                        quota monitoring and inseason
                                              category, in accordance with the                        retaining, possessing, or landing large               adjustments.
                                              regulations, later this year. This, in                  medium or giant BFT by persons aboard
                                              addition to the fact that any unused                    vessels permitted in the Atlantic tunas               Classification
                                              General category quota will roll forward                General and HMS Charter/Headboat                         The Assistant Administrator for
                                              to the next subperiod within the                        categories must cease at 11:30 p.m. local             NMFS (AA) finds that it is impracticable
                                              calendar year, as well as the anticipated               time on March 2, 2018. The General                    and contrary to the public interest to
                                              increase in the U.S. quota and subquotas                category will reopen automatically on                 provide prior notice of, and an
                                              for 2018 as a result of ICCAT                           June 1, 2018, for the June through                    opportunity for public comment on, this
                                              recommendations and NMFS’ plan to                       August 2018 subquota period. This                     action for the following reasons:
                                              actively manage the subquotas to avoid                  action applies to Atlantic tunas General                 The regulations implementing the
                                              any exceedances, makes it likely that                   category (commercial) permitted vessels               2006 Consolidated HMS FMP and
                                              General category quota will remain                      and Highly Migratory Species (HMS)                    amendments provide for inseason quota
                                              available through the end of 2018 for                   Charter/Headboat category permitted                   transfers and fishery closures to respond
                                              December fishery participants, after the                vessels when fishing commercially for                 to the unpredictable nature of BFT
                                              fishery re-opens later this year. NMFS                  BFT, and is taken consistent with the                 availability on the fishing grounds, the
                                              also may choose to transfer unused                      regulations at § 635.28(a)(1). The intent             migratory nature of this species, and the
                                              quota from the Reserve or other                         of this closure is to prevent overharvest             regional variations in the BFT fishery.
                                              categories, inseason, based on                          of the available General category                     These fisheries are currently underway
                                              consideration of the determination                      January BFT subquota.                                 and the currently available quota for the
                                              criteria, as NMFS did for late 2017 (i.e.,                 Fishermen may catch and release (or                subcategory is projected to be reached
                                              transferred 156.4 mt from the Reserve                   tag and release) BFT of all sizes, subject            shortly. Affording prior notice and
                                              category, effective October 1, 2017 (82                 to the requirements of the catch-and-                 opportunity for public comment to
                                              FR 46000, October 3, 2017)), and later                  release and tag-and-release programs at               implement the quota transfer is
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                                              transferred another 25.6 mt from the                    § 635.26. All BFT that are released must              impracticable and contrary to the public
                                              Harpoon category, effective December 1                  be handled in a manner that will                      interest as such a delay would likely
                                              (82 FR 55520, November 22, 2017).                       maximize their survival, and without                  result in exceedance of the General
                                              NMFS anticipates that General category                  removing the fish from the water,                     category January fishery subquota or
                                              participants in all areas and time                      consistent with requirements at                       earlier closure of the fishery while fish
                                              periods will have opportunities to                      § 635.21(a)(1). For additional                        are available on the fishing grounds.
                                              harvest the General category quota in                   information on safe handling, see the                 Subquota exceedance may result in the


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                                                                          Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations                                                                 9235

                                              need to reduce quota for the General                                        ACTION:       Temporary rule.                              the BSAI (83 FR 8369, February 27,
                                              category later in the year and thus could                                                                                              2018) .
                                              affect later fishing opportunities.                                         SUMMARY:   NMFS is reallocating the
                                                                                                                                                                                        As of February 27, 2018, the
                                              Therefore, the AA finds good cause                                          projected unused amounts of the Aleut
                                                                                                                                                                                     Administrator, Alaska Region, NMFS,
                                              under 5 U.S.C. 553(b)(B) to waive prior                                     Corporation’s and the Community
                                                                                                                                                                                     (Regional Administrator) has
                                              notice and the opportunity for public                                       Development Quota pollock directed
                                                                                                                                                                                     determined that 12,200 mt of Aleut
                                              comment. For all of the above reasons,                                      fishing allowances from the Aleutian
                                                                                                                                                                                     Corporation’s DFA and 1,900 mt of
                                              there also is good cause under 5 U.S.C.                                     Islands subarea to the Bering Sea
                                                                                                                                                                                     pollock CDQ DFA in the Aleutian
                                              553(d) to waive the 30-day delay in                                         subarea directed fisheries. These actions
                                                                                                                                                                                     Islands subarea will not be harvested.
                                              effectiveness.                                                              are necessary to provide opportunity for
                                                                                                                                                                                     Therefore, in accordance with
                                                 This action is being taken under                                         harvest of the 2018 total allowable catch
                                                                                                                                                                                     § 679.20(a)(5)(iii)(B)(4), NMFS
                                              §§ 635.27(a)(9) and 635.28(a)(1), and is                                    of pollock, consistent with the goals and
                                                                                                                                                                                     reallocates 12,200 mt of Aleut
                                              exempt from review under Executive                                          objectives of the Fishery Management
                                                                                                                                                                                     Corporation’s DFA and 1,900 mt of
                                              Order 12866.                                                                Plan for Groundfish of the Bering Sea
                                                                                                                                                                                     pollock CDQ DFA from the Aleutian
                                                                                                                          and Aleutian Islands Management Area.
                                                 Authority: 16 U.S.C. 971 et seq. and 1801                                                                                           Islands subarea to the 2018 Bering Sea
                                              et seq.                                                                     DATES: Effective 1200 hrs, Alaska local                    subarea allocations. The 1,900 mt of
                                                                                                                          time (A.l.t.), February 28, 2018, until                    pollock CDQ DFA is added to the 2018
                                                Dated: February 28, 2018.                                                 2400 hrs, A.l.t., December 31, 2018.
                                              Jennifer M. Wallace,                                                                                                                   Bering Sea CDQ DFA. The remaining
                                                                                                                          FOR FURTHER INFORMATION CONTACT:                           12,200 mt of pollock is apportioned to
                                              Acting Director, Office of Sustainable                                      Steve Whitney, 907–586–7228.
                                              Fisheries, National Marine Fisheries Service.                                                                                          the AFA Inshore sector (50 percent),
                                                                                                                          SUPPLEMENTARY INFORMATION: NMFS                            AFA catcher/processor sector (40
                                              [FR Doc. 2018–04397 Filed 2–28–18; 4:15 pm]
                                                                                                                          manages the groundfish fishery in the                      percent), and the AFA mothership
                                              BILLING CODE 3510–22–P
                                                                                                                          BSAI exclusive economic zone                               sector (10 percent). The 2018 Bering Sea
                                                                                                                          according to the Fishery Management                        subarea pollock incidental catch
                                              DEPARTMENT OF COMMERCE                                                      Plan for Groundfish of the Bering Sea                      allowance remains at 47,888 mt. As a
                                                                                                                          and Aleutian Islands Management Area                       result, the 2018 harvest specifications
                                              National Oceanic and Atmospheric                                            (FMP) prepared by the North Pacific                        for pollock in the Aleutian Islands
                                              Administration                                                              Fishery Management Council (Council)                       subarea included in the final 2018 and
                                                                                                                          under authority of the Magnuson-                           2019 harvest specifications for
                                              50 CFR Part 679                                                             Stevens Fishery Conservation and                           groundfish in the BSAI (83 FR 8369,
                                                                                                                          Management Act. Regulations governing                      February 27, 2018) are revised as
                                              [Docket No. 170817779–8161–02]                                              fishing by U.S. vessels in accordance                      follows: 2,500 mt to Aleut Corporation’s
                                                                                                                          with the FMP appear at subpart H of 50                     DFA and 0 mt to CDQ DFA.
                                              RIN 0648–XG048                                                                                                                         Furthermore, pursuant to § 679.20(a)(5),
                                                                                                                          CFR part 600 and 50 CFR part 679.
                                              Fisheries of the Exclusive Economic                                            In the Aleutian Islands subarea, the                    Table 4 of the final 2018 and 2019
                                              Zone Off Alaska; Reallocation of                                            portion of the 2018 pollock total                          harvest specifications for groundfish in
                                              Pollock in the Bering Sea and Aleutian                                      allowable catch (TAC) allocated to the                     the BSAI (83 FR 8369, February 27,
                                              Islands                                                                     Aleut Corporation’s directed fishing                       2018) is revised to make 2018 pollock
                                                                                                                          allowance (DFA) is 14,700 metric tons                      allocations consistent with this
                                              AGENCY:  National Marine Fisheries                                          (mt) and the Community Development                         reallocation. This reallocation results in
                                              Service (NMFS), National Oceanic and                                        Quota (CDQ) DFA is 1,900 mt as                             adjustments to the 2018 Aleut
                                              Atmospheric Administration (NOAA),                                          established by the final 2018 and 2019                     Corporation and CDQ pollock
                                              Commerce.                                                                   harvest specifications for groundfish in                   allocations established at § 679.20(a)(5).

                                                    TABLE 4—FINAL 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
                                                                                   DIRECTED FISHING ALLOWANCES (DFA) 1
                                                                                                                                        [Amounts are in metric tons]

                                                                                                                                                                                   2018 A season 1                  2018 B season 1
                                                                                 Area and sector                                                2018 Allocations
                                                                                                                                                                          A season DFA        SCA harvest limit 2   B season DFA

                                              Bering Sea subarea TAC 1 ......................................................                              1,378,441                   n/a                   n/a                 n/a
                                              CDQ DFA .................................................................................                      138,334               62,250                38,734              76,084
                                              ICA 1 .........................................................................................                 47,888                  n/a                    n/a                 n/a
                                              Total Bering Sea non-CDQ DFA .............................................                                   1,192,219              536,499               333,821             655,720
                                              AFA Inshore .............................................................................                      596,109              268,249               166,911             327,860
                                              AFA Catcher/Processors 3 .......................................................                               476,888              214,599               133,529             262,288
                                                  Catch by C/Ps ..................................................................                           436,352              196,358                    n/a            239,994
                                                  Catch by CVs 3 .................................................................                            40,535               18,241                    n/a             22,294
                                                  Unlisted C/P Limit 4 ...........................................................                             2,384                1,073                    n/a              1,311
                                              AFA Motherships .....................................................................                          119,222               53,650                33,382              65,572
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                                              Excessive Harvesting Limit 5 ....................................................                              208,638                   n/a                   n/a                 n/a
                                              Excessive Processing Limit 6 ...................................................                               357,666                   n/a                   n/a                 n/a
                                              Aleutian Islands subarea ABC .................................................                                  40,788                   n/a                   n/a                n/a
                                              Aleutian Islands subarea TAC 1 ...............................................                                   4,900                   n/a                   n/a                 n/a
                                              CDQ DFA .................................................................................                             0                    0                   n/a                   0
                                              ICA ...........................................................................................                  2,400                1,200                    n/a              1,200
                                              Aleut Corporation .....................................................................                          2,500                2,500                    n/a                   0
                                              Area harvest limit 7 ...................................................................                            n/a                  n/a                   n/a                 n/a



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Document Created: 2018-03-03 02:46:00
Document Modified: 2018-03-03 02:46:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; General category January fishery for 2018; inseason bluefin tuna quota transfer and closure.
DatesThe quota transfer is effective February 28, 2018, through March 2, 2018. The closure is effective 11:30 p.m., local time, March 2, 2018, through May 31, 2018.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation83 FR 9232 
RIN Number0648-XG06

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