[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Rules and Regulations]
[Pages 30730-30732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13204]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XW54
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 General category retention limit
adjustment.
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SUMMARY: NMFS has determined that the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT) retention limit should be adjusted
for the June through August 2010 time period, based on consideration of
the regulatory determination criteria regarding inseason adjustments.
This action applies to Atlantic tunas General category permitted
vessels and Highly Migratory Species Charter/Headboat category
permitted vessels (when fishing commercially for BFT).
DATES: Effective June 1, 2010, through August 31, 2010.
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 (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) 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).
The 2010 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar year quota, began January 1,
2010. The General category season, which was open for the month of
January 2010, resumes on June 1, 2010, and continues through December
31, 2010. Starting on June 1, the General category daily retention
limit (Sec. 635.23(a)(2)), is
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scheduled to revert back to the default retention limit of one large
medium or giant BFT (measuring 73 inches (185 cm) CFL) or greater per
vessel per day/trip. This default retention limit applies to General
category permitted vessels and HMS Charter/Headboat category permitted
vessels (when fishing commercially for BFT).
Each of the General category time periods (January, June-August,
September, October-November, and December) is allocated a portion of
the annual General category quota, thereby ensuring extended fishing
opportunities in years when catch rates are high and quota is
available. For the 2009 fishing year, NMFS adjusted the General
category limit from the default level of one large medium or giant BFT
as follows: two large medium or giant BFT for January, and three large
medium or giant BFT for June through December (73 FR 76972, December
18, 2008; 74 FR 26110, June 1, 2009; and 74 FR 44296, August 28, 2009).
NMFS adjusted the January 2010 limit to two large medium or giant BFT
(74 FR 68709, December 29, 2009).
The 2008 ICCAT recommendation regarding Western BFT management
resulted in a U.S. quota of 1,034.9 mt for 2009, and 977.4 mt for 2010.
Consistent with the allocation scheme established in the Consolidated
HMS FMP, the baseline General category share was 475.7 mt for 2009, and
is 448.6 mt for 2010. The baseline June-August General category
subquota was 237.8 mt for 2009, and is 224.3 mt for 2010.
In order to implement the ICCAT recommendation for the 2010 fishing
year, NMFS has proposed quota specifications to set BFT quotas for each
of the established domestic fishing categories and expects to publish
the final specifications by early June 2010. The proposed June-August
2010 subquota is 269.4 mt.
Adjustment of General Category Daily Retention Limits
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of three per vessel based on consideration of the criteria
provided under Sec. 635.27(a)(8), which include: the usefulness of
information obtained from catches in the particular category for
biological sampling and monitoring of the status of the stock; the
catches of the particular category quota to date and the likelihood of
closure of that segment of the fishery if no adjustment is made; the
projected ability of the vessels fishing under the particular category
quota to harvest the additional amount of BFT before the end of the
fishing year; the estimated amounts by which quotas for other gear
categories of the fishery might be exceeded; effects of the adjustment
on BFT rebuilding and overfishing; effects of the adjustment on
accomplishing the objectives of the fishery management plan; variations
in seasonal distribution, abundance, or migration patterns of BFT;
effects of catch rates in one area precluding vessels in another area
from having a reasonable opportunity to harvest a portion of the
category's quota; and a review of dealer reports, daily landing trends,
and the availability of the BFT on the fishing grounds.
NMFS has considered the set of criteria cited above and their
applicability to the General category BFT retention limit for the June-
August 2010 General category fishery. Based on General category
landings rates during the June through August time-period over the last
several years, it is highly unlikely that the June through August
subquota will be filled with the default daily retention limit of one
BFT per vessel. For example, under the three-fish limit that applied in
June-August 2009, June-August landings were 54 mt out of an available
311.5 mt. In addition to the adjusted June-August 2010 subquota of
269.4 mt, 25.9 mt of the adjusted January 2010 subquota was unused and
automatically rolls forward to the June-August 2010 subquota, per Sec.
635.27(a)(1)(ii), resulting in an available quota of 295.3 mt for the
June-August 2010 period. Slow catch rates early in the season could
result in unused quota being added to the later portion of the General
category season. Increasing the daily retention limit from the default
may mitigate rolling an excessive amount of unused quota from one time-
period subquota to the next. Excessive rollover is undesirable because
it effectively changes the time-period subquota allocation percentages
established in the 2006 Consolidated HMS FMP.
Based on considerations of the available quota, fishery performance
in recent years, and the availability of BFT on the fishing grounds,
NMFS has determined that the General category retention limit should be
adjusted to allow for retention of the anticipated 2010 General
category quota, and that the same approach used for June-August 2009 is
warranted. Therefore, NMFS increases the General category retention
limit from the default limit of one large medium or giant BFT to three
large medium or giant BFT per vessel per day/trip, effective June 1,
2010, through August 31, 2010. Regardless of the duration of a fishing
trip, the daily retention limit applies upon landing. For example,
whether a vessel fishing under the General category limit takes a two-
day trip or makes two trips in one day, the daily limit of three fish
may not be exceeded upon landing. This General category retention limit
is effective in all areas, except for the Gulf of Mexico, and applies
to those vessels permitted in the General category as well as to those
HMS Charter/Headboat permitted vessels fishing commercially for BFT.
This adjustment is intended to provide a reasonable opportunity to
harvest the U.S. quota of BFT without exceeding it, while maintaining
an equitable distribution of fishing opportunities; to help achieve
optimum yield in the General category BFT fishery; to collect a broad
range of data for stock monitoring purposes; and to be consistent with
the objectives of the Consolidated HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention limit for June-August 2010 after
examining an array of data as it pertains to the determination
criteria. These data included, but were not limited to, current and
previous catch and effort rates in the BFT fisheries, quota
availability, previous public comments on inseason management measures,
stock status, etc. NMFS will continue to monitor the BFT fishery
closely through the mandatory dealer landing reports, which NMFS
requires to be submitted within 24 hours of a dealer receiving BFT.
Depending on the level of fishing effort and catch rates of BFT, NMFS
may determine that additional retention limit adjustments are necessary
to ensure available quota is not exceeded or to enhance scientific data
collection from, and fishing opportunities in, all geographic areas.
Closures or subsequent adjustments to the daily retention limits,
if any, will be published in the Federal Register. In addition,
fishermen may call the Atlantic Tunas Information Line at (888) 872-
8862 or (978) 281-9260, or access www.hmspermits.gov, for updates on
quota monitoring and retention limit 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 Consolidated HMS FMP provide for
inseason retention limit adjustments to respond to the unpredictable
nature of BFT availability on the fishing grounds,
[[Page 30732]]
the migratory nature of this species, and the regional variations in
the BFT fishery. Under Sec. 635.23(a)(4), NMFS may increase or
decrease the daily retention limit of large medium and giant BFT over a
range of zero to a maximum of three per vessel based on consideration
of the criteria provided under Sec. 635.27(a)(8), which include: the
usefulness of information obtained from catches in the particular
category for biological sampling and monitoring of the status of the
stock; the catches of the particular category quota to date and the
likelihood of closure of that segment of the fishery if no adjustment
is made; the projected ability of the vessels fishing under the
particular category quota to harvest the additional amount of BFT
before the end of the fishing year; the estimated amounts by which
quotas for other gear categories of the fishery might be exceeded;
effects of the adjustment on BFT rebuilding and overfishing; effects of
the adjustment on accomplishing the objectives of the fishery
management plan; variations in seasonal distribution, abundance, or
migration patterns of BFT; effects of catch rates in one area
precluding vessels in another area from having a reasonable opportunity
to harvest a portion of the category's quota; and a review of dealer
reports, daily landing trends, and the availability of the BFT on the
fishing grounds.
Affording prior notice and opportunity for public comment to
implement these retention limits is impracticable as it would preclude
NMFS from acting promptly to allow harvest of BFT that are available on
the fishing grounds. Analysis of available data shows that the General
category BFT retention limits may be increased with minimal risks of
exceeding the ICCAT-allocated quota.
Delays in increasing these retention limits would adversely affect
those General and Charter/Headboat category vessels that would
otherwise have an opportunity to harvest more than the default
retention limit of one BFT per day and may exacerbate the problem of
low catch rates and quota rollovers. Limited opportunities to harvest
the respective quotas may have negative social and economic impacts for
U.S. fishermen who depend upon catching the available quota within the
time periods designated in the Consolidated HMS FMP. Adjustment of the
retention limit needs to be effective June 1, 2010, to minimize any
unnecessary disruption in fishing patterns and for the impacted sectors
to benefit from the adjustments so as to not preclude fishing
opportunities for fishermen who have access to the fishery only during
this time period.
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, and because this action relieves a restriction
(i.e., the default General category retention limit is one fish per
vessel/trip whereas this action increases that limit and allows
retention of additional fish), there is also good cause under 5 U.S.C.
553(d) to waive the 30-day delay in effectiveness.
This action is being taken under 50 CFR 635.23(a)(4) and (b)(3),
and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 26, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-13204 Filed 5-27-10; 4:15 pm]
BILLING CODE 3510-22-S