[Federal Register: November 28, 2006 (Volume 71, Number 228)]
[Rules and Regulations]
[Page 68752-68754]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no06-10]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 112006C]
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 daily Atlantic bluefin tuna (BFT)
retention limits for the Atlantic tunas General category should be
adjusted to provide reasonable opportunity to harvest the General
category December time-period subquota. Therefore, NMFS increases the
daily BFT retention limits for the entire month of December, including
previously scheduled Restricted Fishing Days (RFDs), to provide
enhanced commercial General category fishing opportunities in all areas
while minimizing the risk of an overharvest of the General category BFT
quota.
DATES: The effective dates for the BFT daily retention limits are
provided in Table 1 under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: 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.
The 2006 BFT fishing year began on June 1, 2006, and ends May 31,
2007. The final initial 2006 BFT specifications and General category
effort controls
[[Page 68753]]
were published on May 30, 2006 (71 FR 30619). These final
specifications divided the General category quota among three
subperiods (June through August, the month of September, and October
through January) in accordance with the Highly Migratory Species
Fishery Management Plan (1999 FMP) published in 1999 (May 29, 1999; 64
FR 29090), and implementing regulations at Sec. 635.27. The final
initial 2006 BFT specifications increased the General category
retention limit to three fish for the June though August time-period,
as well as established the following General category RFD schedule: all
Saturday and Sundays from November 18, 2006, through January 31, 2007,
and Thursday November 23, 2006, and Monday December 25, 2006,
inclusive. Due to the large amount of available quota and the low catch
rates, NMFS extended the three-fish retention limit through September
(71 FR 51529, August 30, 2006), October (71 FR 58287, October 3, 2006),
and November (71 FR 64165, November 1, 2006) to enhance fishing
opportunities while minimizing the risk of exceeding available quota.
Later, on October 2, 2006, NMFS published a final rule (71 FR 58058)
implementing the Consolidated Highly Migratory Species Fishery
Management Plan (HMS FMP). Contained in the HMS FMP is a revised
General category time-period subquota allocation scheme that has
divided the coastwide General category into the following five distinct
time-periods; June through August, September, October through November,
December, and January of the following year. The effective date of
these time-periods and their associated subquota was November 1, 2006.
Daily Retention Limits
Pursuant to this action and the final initial 2006 BFT
specifications, noted above, the daily BFT retention limits for
Atlantic tunas General category are as follows:
Table 1. Effective dates for retention limit adjustments
------------------------------------------------------------------------
BFT Size Class
Permit Category Effective Dates Areas Limit
------------------------------------------------------------------------
General November 1 [dash] All Three BFT per
30, 2006, vessel per day/
inclusive trip, measuring 73
inches (185 cm)
curved fork length
(CFL) or larger
---------------------------------------------------
December 1 [dash] All Three BFT per
31, 2006, vessel per day/
inclusive trip, measuring 73
inches (185 cm)
CFL or larger
---------------------------------------------------
January 1 [dash] All One BFT per vessel
31, 2007, per day/trip,
inclusive measuring 73
inches (185 cm)
CFL or larger
------------------------------------------------------------------------
Adjustment of General Category Daily Retention Limits
Under Sec. 635.23(a)(4), NMFS may increase or decrease the General
category daily retention limit of large medium and giant BFT over a
range from zero (on RFDs) to a maximum of three per vessel to allow for
a reasonable opportunity to harvest the quota for BFT. As part of the
final specifications on May 30, 2006 (71 FR 30619), NMFS adjusted the
commercial daily BFT retention limit, in all areas, for those vessels
fishing under the General category quota, to three large medium or
giant BFT, measuring 73 inches (185 cm) or greater curved fork length
(CFL), per vessel per day/trip. This retention limit, which was to
remain in effect through August 31, 2006, inclusive, was extended
through September, October, and November via separate actions published
in the Federal Register. From December 1, 2006, through January 31,
2007, inclusive, the General category daily BFT retention limit was
scheduled to revert to one large medium or giant BFT per vessel per
day/trip.
The June through August, September, and October through November
time-period subquota allocations for the 2006 fishing year total
approximately 1,041.2 metric tons (mt). As of November 20, 2006, 103.9
mt have been landed in the General category and catch rates are less
than 1.0 mt per day. If catch rates remain at current levels and
December RFDs remain as scheduled, approximately 28.0 mt would be
landed through December 31, 2006. This projection would bring the June
through December landings to approximately 131.9 mt, resulting in an
underharvest of approximately 909.3 mt. The October 2, 2006, final rule
(71 FR 58058) established stand-alone General category time-periods for
the months of December and January. Each of these time-periods are
allocated a portion of the coastwide General category, thereby ensuring
fishing opportunities are provided in years where high catch rates are
experienced. The quota carryover from the previous time-period
subquotas, combined with the December time-period subquota allocation,
would allow for approximately 969.8 mt to be harvested through December
31, 2006. In combination with the subquota rollover from previous time-
periods, scheduled RFDs, current catch rates, and the daily retention
limit reverting to one large medium or giant BFT per vessel per day on
December 1, 2006, NMFS anticipates the full December time-period
subquota 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 changes the time-period subquota
allocation percentages established in the HMS FMP and may contribute to
excessive carry-overs to subsequent fishing years. In the past,
however, the fishery has had the capability of increasing landings
rates dramatically in winter months, particularly off southern states.
If the fishery was to perform at these past levels with high landings
rates (although not witnessed during the winter of 2005/2006), it may
alleviate concern of excessive roll-overs from one fishing year to the
next, but raises the possibility of unprecedented, and potentially
unsustainable, catch rates during the winter fishery.
The final initial 2006 BFT specifications scheduled a number of
RFDs for the month of December, including all Saturdays and Sundays, as
well as Monday December 25, 2006. These RFDs were designed to provide
for an extended late season, south Atlantic BFT fishery for the
commercial handgear fishermen in the General category. For the reasons
referred to above, NMFS has determined that the scheduled December RFDs
are no longer required to meet their original purpose, and may in fact
exacerbate low catch rates. Therefore, NMFS determined that an increase
in the General category daily BFT retention limit on those previously
established RFDs for the month of December is warranted. NMFS has
selected these days in order to give adequate advance notice to fishery
[[Page 68754]]
participants. While catch rates have continued to be low so far this
season, NMFS recognizes that they may increase at any time late in the
season. In order to ensure equitable fishing opportunities in all
areas, NMFS has not waived the RFDs scheduled in January at this time.
If catch rates continue to be low, some or all of the remaining
previously scheduled RFDs may be waived as well.
Therefore, based on a review of dealer reports, daily landing
trends, available quota, revised time-periods, and the availability of
BFT on the fishing grounds, NMFS has determined that an increase in the
General category daily BFT retention limit effective from December 1
through December 31, 2006, inclusive of previously scheduled RFDs for
the month of December, is warranted. Thus, the General category daily
retention limit of three large medium or giant BFT per vessel per day/
trip (see Table 1) is extended through December 31, 2006, including all
Saturdays and Sundays of December as well as Monday December 25, 2006.
From January 1 through January 31, 2007, inclusive, the General
category default daily BFT retention limit will be one large medium or
giant BFT per vessel per day/trip will apply, unless further action is
taken.
NMFS anticipates that with a combination of the default retention
limit starting on January 1, 2007, and the large amount of General
category quota available, there will be sufficient quota for the
coastwide General category season to extend through the winter months
and allow for a southern Atlantic fishery to take place with minimal
risk of landings exceeding available quota. However, to reduce the
risks of excessive landings rates throughout January, NMFS has
determined it necessary to only extend the three BFT daily retention
limit for the one month of December and will re-examine the need to
further extend the increased bag limit prior to the newly established
January time-period based on landings rates and other fishery
information.
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 HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention limits and their duration after
examining current and previous fishing year catch and effort rates,
taking into consideration public comment on the annual specifications
and inseason management measures for the General category received
during the 2006 BFT quota specifications rulemaking process, and
analyzing the available quota for the 2006 fishing year. NMFS will
continue to monitor the BFT fishery closely through dealer landing
reports, the Automated Landings Reporting System, state harvest tagging
programs in North Carolina and Maryland, and the Large Pelagics Survey.
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 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:
NMFS has recently become aware of increased availability of large
medium and giant BFT off southern Atlantic fishing grounds from fishing
reports and landings data from dealers. This increase in abundance
provides the potential to increase General category landings rates if
fishery participants are authorized to harvest three large medium or
giant BFT per day. Although landings to date have been low (i.e., less
than one mt per day) there is the potential for increased availability
of BFT during the winter to allow for an increase in fishery landing
rates. The regulations implementing the 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. Adjustment of
retention limits, including waiving previously scheduled RFDs in the
month of December, is also necessary to avoid excessive quota rollovers
to subsequent General category time-period subquotas. 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 still available on the fishing
grounds. Analysis of available data shows that the General category BFT
retention limit may be increased for the Atlantic tuna General and HMS
Charter/Headboat permit holders with minimal risks of exceeding the
International Commission for the Conservation of Atlantic Tunas
allocated quota.
Delays in increasing the retention limits would be contrary to the
public interest. Limited opportunities to harvest the respective quotas
may have negative social and economic impacts to U.S. fishermen that
either depend on catching the available quota within the time-periods
designated in the HMS FMP, or depend on multiple BFT retention limits
to attract individuals to book charters. For both the General and the
HMS Charter/Headboat sectors, the retention limits must be adjusted as
expeditiously as possible so the impacted sectors can benefit from the
adjustment.
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 is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: November 22, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 06-9435 Filed 11-22-06; 2:52 pm]
BILLING CODE 3510-22-S