[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Rules and Regulations]
[Page 50885-50887]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au08-7]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XJ69
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 September, October-November, and December time periods of the
2008 fishing year, based on consideration of the determination criteria
regarding inseason adjustments.
DATES: The effective dates for the adjusted BFT daily retention limits
are September 1, 2008, through December 31, 2008.
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 Consolidated Highly Migratory Species
Fishery Management Plan (Consolidated HMS FMP). The latest (2006) ICCAT
recommendation for western Atlantic BFT included a U.S. quota of
1,190.12 mt, effective beginning in 2007, through 2008, and thereafter
until changed (i.e., via a new ICCAT
[[Page 50886]]
recommendation). It is possible that additional changes to the daily
retention limit (i.e., for the January 2009 General category fishery)
may be necessary following ICCAT's annual meeting in November 2008.
The 2008 fishing year began on January 1, 2008, and ends December
31, 2008. NMFS published final specifications on December 31, 2007 (72
FR 74193) and increased the default General category retention limit of
one large medium or giant BFT (measuring 73 inches (185 cm) curved fork
length (CFL) or greater) per vessel per day/trip to three large medium
or giant BFT, measuring 73 inches CFL or greater, per vessel per day/
trip for June 1 through August 31, 2008. Regardless of the duration of
a fishing trip, no more than the daily retention limit may be on board
a vessel. In addition, NMFS stated that it would consider adjustment of
retention limits for future time periods, if warranted. In 2007, NMFS
followed a similar course of action and raised General category
retention limits via inseason actions to allow for a continuous three
BFT retention limit, including for the January 2008 time period (72 FR
50257, August 31, 2007 and 72 FR 61565, October 31, 2007) .
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; 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.
As of August 1, 2008, the coastwide General category has landed
50.8 metric tons (mt) out of a possible 740 mt, and landings rates
remain less that 1.0 mt per day even though the General category
retention limit was increased to three BFT per vessel per trip,
measuring 73 inches (185 cm) CFL or greater for January and for June
through August 2008. Starting on September 1, 2008, the General
category daily retention limit, located at 50 CFR 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 scheduled 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. In consideration of
the rollover of unused quota from the January and June-August time
periods, current catch rates, and the daily retention limit reverting
to one large medium or giant BFT per vessel per day on September 1,
2008, NMFS anticipates the full 2008 fishing year General category
quota will not be harvested. Adding an excessive amount of unused quota
from one time-period subquota to the subsequent time-period subquota is
undesirable because it effectively changes the time-period subquota
allocation percentages established in the Consolidated HMS FMP and may
contribute to excessive carryovers to subsequent fishing years.
NMFS has considered the set of criteria cited above and their
applicability to the commercial BFT retention limit for the remainder
of the 2008 fishing year. Based on these considerations, NMFS has
determined that the General category retention should be adjusted to
allow for retention of the established General category quota.
Therefore, NMFS increases the General category retention limit from the
default limits effective September 1, 2008, through December 31, 2008.
This adjustment increases the General category daily retention limit to
three large medium or giant BFT, measuring 73 inches (185 cm) CFL or
greater, per vessel per day/trip. This General category retention limit
is effective in all areas, except for the Gulf of Mexico, and applies
to those vessel 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. landings quota of BFT 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 and the duration 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, 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 the internet at 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:
NMFS continues to receive information refining its understanding of
the commercial sector's specific needs regarding retention limits
through the latter portions of the 2008 season. NMFS assessments and
analyses show catch rates to date have been low and that there is
sufficient quota for an increase to the General category retention
limit during the months of September through December 2008.
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
[[Page 50887]]
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.
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 to
U.S. fishermen that either depend upon catching the available quota
within the time periods designated in the Consolidated HMS FMP.
Adjustment to the retention limit needs to be effective September 1,
2008, 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 from fishermen who only have access to
the fishery 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., current default retention limit is one fish per vessel/trip but
this action increases that limit and allows retention of more 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: August 26, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-20181 Filed 8-28-08; 8:45 am]
BILLING CODE 3510-22-S