[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Rules and Regulations]
[Page 74193-74197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de07-10]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 070612190-7684-02]
RIN 0648-AV58
Atlantic Highly Migratory Species; 2008 Atlantic Bluefin Tuna
Quota Specifications and Effort Controls
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS announces the final rule to set 2008 fishing year
specifications for the Atlantic bluefin tuna (BFT) fishery, including
quotas for each of the established domestic fishing categories and
effort controls for the General category and Angling category. This
action is necessary to implement recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT), as required
by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic
[[Page 74194]]
management objectives under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
DATES: The rule is effective January 30, 2008, except that the Angling
category retention limit found under the heading Angling Category
Effort Controls is effective January 30, 2008 through December 31,
2008, and the General category retention limit found under the heading
General Category Effort Controls is effective June 1, 2008, through
August 31, 2008.
ADDRESSES: Supporting documents, including the 2007 Environmental
Assessment (EA), Regulatory Impact Review (RIR), and Final Regulatory
Flexibility Analysis (FRFA) and the Consolidated Atlantic Highly
Migratory Species Fishery Management Plan (Consolidated HMS FMP), are
available from Sarah McLaughlin, Highly Migratory Species Management
Division, Office of Sustainable Fisheries (F/SF1), NMFS, One Blackburn
Drive, Gloucester, MA 01930. These documents are also available from
the HMS Management Division website at http://www.nmfs.noaa.gov/sfa/hms/ or at the Federal e-Rulemaking Portal: http://www.regulations.gov.
>.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260.
SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual
authority of the Magnuson-Stevens Act and the ATCA. The ATCA authorizes
the Secretary of Commerce (Secretary) to promulgate regulations, as may
be necessary and appropriate, to implement ICCAT recommendations. The
authority to issue regulations under the Magnuson-Stevens Act and the
ATCA has been delegated from the Secretary to the Assistant
Administrator for Fisheries, NOAA (AA). The implementing regulations
for Atlantic HMS are at 50 CFR part 635.
Background
Background information about the need for the BFT quota
specifications and effort controls for the 2008 fishing year (January 1
through December 31, 2008) was provided in the preamble to the proposed
rule (72 FR 56036, October 2, 2007) and is not repeated here.
The 2008 annual specifications are necessary to implement the 2006
ICCAT quota recommendation, as required by the ATCA, and to achieve
domestic management objectives under the Magnuson-Stevens Act. This
action is published in accordance with the framework procedures set
forth in the Consolidated HMS FMP and is supported by the analytical
documents prepared for the Consolidated HMS FMP and for the 2007 BFT
specifications and effort controls. Copies of these documents are
available from NMFS (see ADDRESSES).
In the final 2007 fishing year BFT specifications (72 FR 33401,
June 18, 2007), NMFS modified the baseline landings quota to 1,165.12
mt to implement the 2006 ICCAT recommendation and set the category
subquotas per the allocations established in the Consolidated HMS FMP.
The baseline quotas are as follows: General category--548.8 mt; Harpoon
category--45.4 mt; Purse Seine category--216.7 mt; Angling category--
229.5 mt; Longline category--94.4 mt; and Trap category--1.2 mt. An
additional 29.1 mt is allocated to the Reserve category for inseason
adjustments, scientific research collection, potential overharvest in
any category except the Purse Seine category, and potential quota
transfers.
The baseline Angling category quota of 229.5 mt is further
subdivided as follows: School BFT--119 mt, with 45.8 mt to the northern
area (north of 39[deg]18' N. latitude), 51.2 mt to the southern area
(south of 39[deg]18' N. latitude), plus 22 mt held in reserve; large
school/small medium BFT--105.2 mt, with 49.6 mt to the northern area
and 55.6 mt to the southern area; and large medium/giant BFT--5.3 mt,
with 1.8 mt to the northern area and 3.5 mt to the southern area. The
25-mt Northeast Distant gear restricted area (NED) set-aside quota is
in addition to the overall incidental longline quota to be subdivided
in accordance with the North/South allocation percentages (i.e., no
more than 60 percent to the south of 31[deg] N. latitude). Thus, the
baseline Longline category quota of 94.4 mt is subdivided as follows:
37.8 mt to pelagic longline vessels landing BFT north of 31[deg] N.
latitude and 56.6 mt to pelagic longline vessels landing BFT south of
31[deg] N. latitude, with 25 mt set-aside for bycatch of BFT related to
directed pelagic longline fisheries in the NED. NMFS accounts for
landings under this additional quota separately from other landings
under the Longline north subcategory.
The baseline landings quota and category subquotas are effective
until changed, for instance, as a result of a potential new ICCAT BFT
Total Allowable Catch (TAC) recommendation made at its upcoming 2008
Annual Meeting. Consistent with the Consolidated HMS FMP, and through
this action, NMFS is making underharvest adjustments for the 2008
fishing year.
Changes from the Proposed Rule
Since 1997, NMFS has implemented General category RFDs to extend
the General category fishing season. NMFS has received comment from
fishery participants that RFDs are not necessary, as BFT landings in
the last several years have been low and not at a pace that warrants
NMFS control for market purposes. For the 2008 fishing year, NMFS has
decided not to implement RFDs via this final rule. For more
information, please see the Comments and Responses section. If NMFS
determines that action is needed during the fishing year to extend the
General category fishery, NMFS may publish an inseason action (under 50
CFR 635.23(a)(4)) to decrease the daily retention limit of large medium
and giant BFT over a range of zero to a maximum of three per vessel.
2008 Quota Specifications
NMFS anticipates that the 2007 fishing year (June 1, 2007-December
31, 2007) underharvest will be substantial, based on current landings
information and communication with BFT fishermen, and given the
relatively low BFT harvest rates in recent years. However, the current
ICCAT recommendation limits the amount of underharvest the United
States may carry over for 2008 to 595.1 mt.
Landings of large medium and giant BFT (measuring 73 inches (185.4
cm) or greater) landed in the commercial BFT fisheries and under the
Angling category trophy fishery are as follows, through November 26,
2007: General category--87.9 mt; Harpoon category--12.1 mt; Longline
category--26.4 mt (18 mt in the North, 2.9 mt in the Northeast Distant
gear restricted area (NED), and 5.5 mt in the South]; Trap category--0
mt; and Purse Seine category--28.0 mt. The recreational Angling
category fishery is still underway and final estimates from the Large
Pelagic Survey (LPS) are not expected to be available until the end of
the year. Once LPS estimates are available, NMFS may adjust 2008
recreational measures (i.e., retention limits) and quotas or make
necessary adjustments for the following year's fishery (i.e., the 2009
fishing year) based on the LPS data and analyses, the needs of the
fishery, and other factors (such as the 2008 ICCAT recommendation,
research needs, etc.), as appropriate. Currently, however, preliminary
2007 landings estimates for the fishery indicate that the 2007 fishing
year underharvest is substantial, and that the full 595.1 mt of
underharvest (consistent with the ICCAT
[[Page 74195]]
recommended limit) will be available for carryover to the 2008 fishing
year.
NMFS establishes the final quota specifications as proposed, i.e.,
carries over 595.1 mt of BFT underharvest from the 2007 fishing year to
the 2008 fishing year quota, and distributes that underharvest to: (1)
Allow for potential transfer of a portion (up to 15 percent) of the
2008 U.S. quota to other ICCAT Contracting Parties and other domestic
management objectives, if warranted; (2) ensure that the Longline
category has sufficient quota to operate during the 2008 fishing year
after the required accounting for BFT dead discards; and (3) provide
the non-Longline quota categories the remainder of the underharvest
consistent with the allocation scheme established in the Consolidated
HMS FMP. As proposed, this final action applies 53.6 mt of BFT
underharvest to cover the anticipated pelagic longline fishery landings
during the 2008 fishing year. Additionally, this action places 178.5 mt
(i.e., 15 percent of 1,190.12 mt) of 2007 fishing year underharvest in
the Reserve for potential ICCAT transfer purposes and other domestic
management objectives. This action distributes the remainder of the
quota carryover (363 mt) to the Angling, General, Harpoon, Purse Seine,
and Trap categories consistent with their FMP allocations.
Initial quota specifications for the 2008 fishing year as follows:
General category--740.0 mt; Harpoon category-- 61.2 mt; Purse Seine
category--292.2 mt; Angling category --309.5 mt; Longline category--
56.7 mt; and Trap category--1.6 mt. Additionally, 207.6 mt are
allocated to the Reserve category for inseason adjustments, scientific
research collection, potential overharvest in any category except the
Purse Seine category, and potential quota transfers.
The General category quota of 740.0 mt is divided per the time
period allocations established in the Consolidated FMP, i.e., 39.2 mt
(5.3 percent) for the period beginning January 1, 2008, and ending
January 31, 2008, 370.0 mt (50 percent) for the period beginning June
1, 2008, and ending August 31, 2008, 196.1 mt (26.5 percent) for the
period beginning September 1, 2008, and ending September 30, 2008, 96.2
mt (13 percent) for the period beginning October 1, 2008, and ending
November 30, 2008; and 38.5 mt (5.2 percent) for the period beginning
December 1, 2008, and ending December 31, 2008.
The Angling category quota of 309.5 mt is further subdivided as
follows: School BFT--119 mt, with 45.8 mt to the northern area (north
of 39[deg]18' N. latitude), 51.2 mt to the southern area (south of
39[deg]18' N. latitude), plus 22 mt held in reserve; large school/small
medium BFT--183.4 mt, with 86.6 mt to the northern area and 96.8 mt to
the southern area; and large medium/giant BFT--7.1 mt, with 2.4 mt to
the northern area and 4.7 mt to the southern area.
The Longline category quota of 56.7 mt is subdivided as follows:
22.7 mt to pelagic longline vessels landing BFT north of 31[deg] N.
latitude and 34.0 mt to pelagic longline vessels landing BFT south of
31[deg] N. latitude, with 25 mt set-aside for bycatch of BFT related to
directed pelagic longline fisheries in the NED. NMFS will account for
landings under this additional quota separately from other landings
under the Longline north subcategory.
Once complete information, including recreational landings
estimates, is available for the 2007 fishing year, NMFS may need to
publish quota adjustments or other inseason management measures, as
necessary, in 2008 for the 2008 fishing year.
General Category Effort Controls
Because of the large quota available for the General category, NMFS
increases the retention limit of BFT for the January and June-August
subperiods from the default one-fish retention limit. Therefore,
persons aboard vessels permitted in the General category may retain
three large medium or giant BFT (measuring 73 inches (185.4 cm) or
greater) per vessel per day/trip from June 1, 2008, through August 31,
2008. Anticipating that this action might not be effective by January
1, 2008, NMFS published an inseason action to adjust the General
category retention limit to three large medium or giant BFT per vessel
per day/trip effective October 1, 2007, through January 31, 2008 (72 FR
61565, October 31, 2007). The BFT retention limit may be adjusted via
inseason action, if warranted, under Sec. 635.23(a)(4).
Angling Category Effort Controls
This final rule establishes an Angling category retention limit to
one school BFT (27 inches (68.6 cm) to less than 47 inches (119.4 cm)),
and two large school/small medium BFT (i.e., two BFT measuring 47
inches (119.4 cm) to less than 73 inches (185.4 cm)) per vessel per
day/trip. This retention limit is effective for persons aboard vessels
permitted in the Angling category from January 30, 2008 through
December 31, 2008. This retention limit may be adjusted via inseason
action, if warranted, under Sec. 635.23(b)(3).
Comments and Responses
Below, NMFS summarizes and responds to all comments received on the
proposed quota specifications and effort controls for the General and
Angling categories. In addition, NMFS received comments on issues that
were not considered part of this rulemaking. For example, NMFS received
comment that the pelagic longline incidental BFT retention limits
should be raised to reduce regulatory discard of commercial-sized BFT.
In contrast, NMFS received a request from an environmental organization
to take action to limit BFT mortality on pelagic longline gear and to
remove the exemption from target catch requirements that currently
applies to pelagic longline vessels fishing in the Northeast Distant
gear restricted area until the 25-mt set-aside for that area is met.
Another commenter expressed frustration with Purse Seine fishing in
Cape Cod Bay and alleged unchecked violation of BFT fishing regulations
in general. NMFS acknowledges receipt of these comments, although the
issues raised are not addressed in this action as they were not
considered part of this rulemaking.
A. BFT Quotas
Comment 1: NMFS received a range of comments on the quota
specifications. Most of the commenters wrote or spoke about the need
for greater conservation measures, both for juvenile and spawning-sized
BFT. One commenter opposed carryover of underharvest in any fishery
from one year to the next. An environmental organization representative
requests that NMFS keep landings of school fish low in 2008 to
contribute to rebuilding the BFT population and to ensure a
recreational fishery in the last year of the four-year (2007-2010)
balancing period over which ICCAT recommends limiting school BFT
landings to 10 percent of the TAC (i.e., an average of 119 mt
annually). In contrast, one commenter asked if NMFS would adjust the
school BFT subquota (upward of the proposed 119 mt) if landings
estimates indicate that less than 119 mt will have been taken in the
2007 fishing year (i.e., if NMFS could increase the school BFT quota
for 2008 while maintaining average landings of 119 mt annually over the
2007-2010 balancing period).
Response: Carryover of underharvest (limited to no more than 50
percent of the U.S. TAC) is consistent with both the ICCAT
recommendation and the BFT quota regulations. The specifications
included in this rule reflect application of underharvest from
[[Page 74196]]
the 2007 fishing year to the baseline quotas that were established in
the 2007 final specifications (72 FR 33401, June 18, 2007). The
distribution of the 595.1-mt underharvest provides for several existing
and potential management needs, namely: (1) Setting aside sufficient
quota for a potential transfer to another ICCAT Contracting Party, if
warranted; (2) providing sufficient quota for pelagic longline
operations; (3) appropriately accounting for dead discards; and (4)
distributing the remainder per the Consolidated HMS FMP allocation.
Reduction of the overall quota, or to category quota and subquota
allocations, would involve a regulatory change and/or amendment to the
Consolidated HMS FMP. The final Angling category school BFT subquota is
119 mt. Final LPS estimates for the 2007 fishing year will not be
compete until after preparation of this final rule. NMFS does not
currently have information that would support an increase to the
Angling category school BFT subquota for the 2008 fishing year. As
mentioned above, NMFS may need to publish a quota adjustment or other
inseason action in 2008 once landings information for the 2007 fishing
year is complete. However, as 2007 is the first year of the current 4-
year balancing period, NMFS has considerable flexibility over the next
3 years to manage the school BFT fishery (including adjustment of
retention limits) consistent with the ICCAT recommendation that limits
tolerance for school BFT landings to 10 percent of the U.S. TAC,
calculated on a 4-year average (i.e., 2007-2010).
Comment 2: Some commenters opposed the concept of a U.S. quota
transfer to another ICCAT-contracting party. An industry representative
suggested that NMFS fully allocate the quota carryover amount to the
quota categories rather than holding 15-percent of the TAC (178.5 mt)
in the Reserve, and suggests that NMFS subsequently consult with
representatives of applicable quota categories if and when a quota
transfer request is received. This commenter anticipates that such a
request would be initiated by industry in consultation with the
industry of another ICCAT Contracting Party.
Response: The authority to transfer BFT quota to other ICCAT
contracting parties originates with a 2006 ICCAT recommendation, which
allows a contracting party to transfer up to 15 percent of its TAC to
another Contracting Party. NMFS notes that any transfer requests would
be initiated by other ICCAT member countries to the U.S. Government. In
response to a transfer request, the United States (through NMFS) would
evaluate several factors, including the projected ability of U.S.
vessels to harvest the U.S. TAC during the fishing year and potential
impacts to the stock, in a separate action and consider public input on
that action. In these specifications, NMFS is placing 178.5 mt (15
percent of the U.S. TAC) of 2007 fishing year underhavest in the
Reserve so that, if the United States were to approve a transfer, the
quota would be taken from the Reserve and not from category-specific
quotas. NMFS maintains that, should a transfer to another ICCAT
contracting party be considered and approved, it should be taken from
the Reserve, which NMFS specifically holds for purposes of inseason or
annual adjustments and fishery research.
Because of the ICCAT-recommended limit on quota carryover and given
the recent trend of substantial U.S. TAC underharvest, distribution of
178.5 mt of carryover to individual quota categories would not result
in substantially greater future fishing opportunities than holding that
amount in Reserve. Further, the regulations regarding determination
criteria and annual adjustment of the BFT quota at Sec. Sec.
635.27(a)(8) and 635.27(a)(9) allow NMFS to transfer quotas among
categories based on the several criteria (such as a review of landing
trends, the projected ability of the vessels fishing under a 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
categories might be exceeded, the effects of the adjustment on
accomplishing the objectives of the fishery management plan, etc.).
Therefore, should a situation arise in which a BFT domestic quota
transfer from the Reserve to a quota category is needed to avoid
exceeding that category's quota, NMFS could take action as appropriate.
The carryover of BFT underharvest that NMFS proposed, and finalizes
in this action, is consistent with the Consolidated HMS FMP and with
the 2006 ICCAT recommendation to limit carryover to 50 percent of an
ICCAT contracting party's initial TAC. A regulatory amendment would be
required for NMFS not to carry forward unharvested quota from one year
to the next.
B. General Category Effort Controls
Comment 1: As described above, NMFS received comments that the
setting of RFDs is not necessary, as BFT landings in the General
category have been low, and not at a pace that warrants NMFS control
for market purposes.
Response: NMFS agrees that overall landings in the last few years
have been lower than they have since the late 1990s, when NMFS began to
implement RFDs to extend the General category season for as long as
possible to provide fishing opportunities over an expanded temporal and
geographic range. Due to low landings rates in recent years and the
fact that the fishery has not needed to be closed, and based on the
expectation that landings rates in the 2008 fishing season will be
similar, NMFS is not implementing RFDs through this final rule. NMFS
may use its inseason action authority at 50 CFR 635.23(a)(4) to adjust
the General category retention limit if it determines that action is
needed during the fishing year to extend the General category fishery.
Comment 2: One commenter suggested, due to continued underharvest
of BFT, that a General category daily retention limit of two rather
than three BFT measuring 73 inches or greater (as proposed) per vessel
per day/trip, would be appropriate, while still meeting the needs of
commercial BFT fishermen.
Response: NMFS acknowledges the recent low catches in the General
category fishery. NMFS is contributing to research and monitoring
efforts to determine the reasons for the apparent lack of availability
of BFT to the U.S. fishery, i.e., whether due to lower stock abundance
or changes in BFT distribution. In the meantime, NMFS is setting the
General category daily retention limit at three BFT to allow increased
opportunities to harvest the General category quota during periods when
catch rates have historically been low, and to avoid accumulation of
unused quota.
C. Angling Category Effort Controls
Comment 1: NMFS received a range of comments on the Angling
category effort controls. Some commenters supported the Angling
category retention limit as proposed, and some expressed that anglers
should be limited to one fish per day. Related to the comment on the
Angling category school BFT subquota in Section A, one commenter asked
if the daily retention limit for school BFT could be increased without
risking the 4-year average of 119 mt of landings being exceeded.
Response: NMFS currently does not have complete landings estimates
for the 2007 fishing year and therefore does not have sufficient
information to support a change to the 2008 fishing year Angling
category retention limit.
[[Page 74197]]
NMFS may determine, once 2008 estimates are complete, that the
retention limit should be adjusted in order to meet the limit on school
BFT over the 4-year balancing period. NMFS has the authority either to
make inseason adjustments to the Angling category quota during the 2008
fishing year, or, depending on the results of the LPS data and analyses
and the needs of the fishery, may make necessary adjustments (such as
retention limits, quotas, and subquotas) in the 2009 fishing year
specifications and effort controls.
Classification
NMFS publishes these final specifications and effort controls under
the authority of the Magnuson-Stevens Act and ATCA. The Assistant
Administrator for Fisheries (AA) has determined that the regulations
contained in this final rule are necessary to implement the
recommendations of ICCAT and to manage the domestic Atlantic HMS
fisheries, and are consistent with the Magnuson-Stevens Act and its
National Standards.
This final rule been determined to be not significant for purposes
of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: December 20, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-25256 Filed 12-28-07; 8:45 am]
BILLING CODE 3510-22-S