[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Rules and Regulations]
[Pages 79309-79311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31751]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XA017
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 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 month of January 2011, 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 January 1, 2011, through January 31, 2011.
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
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
[[Page 79310]]
established in the 2006 Consolidated Highly Migratory Species Fishery
Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2,
2006).
The 2011 BFT fishing year, which is managed on a calendar year
basis and subject to an annual calendar year quota, begins January 1,
2011. Starting on January 1, 2011, the General category daily retention
limit (Sec. 635.23(a)(2)) is 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, as specified and to the extent allowable under the
regulations).
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. For the 2010 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 (74 FR 68709, December 29, 2009), and three large
medium or giant BFT for June through December (75 FR 30730, June 2,
2010; and 75 FR 51182, August 19, 2010).
The 2010 ICCAT recommendation regarding western BFT management
resulted in a 2011 U.S. quota of 923.7 mt (not including a 25-mt
allocation that the United States uses to account for bycatch of BFT in
pelagic longline fisheries in the Northeast Distant Gear Restricted
Area (NED)). Consistent with the allocation scheme established in the
Consolidated HMS FMP, the baseline 2011 General category share would be
435.1 mt, and the baseline 2011 January General category subquota would
be 23.1 mt.
In order to implement the ICCAT recommendation, which enters into
force in June 2011, NMFS is planning to publish proposed quota
specifications in the beginning of 2011 to set BFT quotas for each of
the established domestic fishing categories. Until the 2011 quota
specifications are finalized (most likely in the spring of 2011), the
January General category baseline quota of 23.8 mt (established for
2010) remains in effect. In the meantime, the General category BFT
fishery remains active into the winter, with landings reported in
November and December.
Adjustment of General Category Daily Retention Limits
Under 50 CFR 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; 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
January 2011 General category fishery. For example, under the 2-fish
limit that applied in January 2010, January landings were low (2.7 out
of the baseline subquota of 23.8 mt, later adjusted in the final 2010
specifications to 28.6 mt). Under the proposed 2011 BFT quota
specifications, the baseline 2011 January subquota would be 23.1 mt.
Based on these considerations, NMFS has determined that the General
category retention limit should be adjusted to allow for retention of
the anticipated 2011 General category quota, and that the same approach
that was used (and that proved effective) for January 2010 is
warranted. Therefore, NMFS increases the General category retention
limit from the default limit to two large medium or giant BFT,
measuring 73 inches CFL or greater, per vessel per day/trip, effective
January 1, 2011, through January 31, 2011. 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
two 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 January 2011 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, quota availability, previous public
comments on inseason management measures, and stock status, among other
data. 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 http://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, the migratory nature
of this species, and the regional variations in the BFT fishery.
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.
[[Page 79311]]
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 that 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 January 1, 2011, 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 is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: December 13, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-31751 Filed 12-17-10; 8:45 am]
BILLING CODE 3510-22-P