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[Federal Register: April 4, 2007 (Volume 72, Number 64)]
[Proposed Rules]
[Page 16318-16324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap07-29]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 070330073-7073-01; I.D. 030507A]
RIN 0648-AU87
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota
Specifications and Effort Controls
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments; notice of public hearings.
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SUMMARY: NMFS proposes initial 2007 fishing year specifications for the
Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the
established domestic fishing categories and to set 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 management
objectives under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). A minor administrative change to
the permit regulations is also proposed. NMFS solicits written comments
and will hold public hearings in April 2007 to receive oral comments on
these proposed actions.
DATES: Written comments must be received on or before May 4, 2007.
The public hearings dates are:
1. April 24, 2007, 7 p.m. to 9 p.m., Morehead City, NC.
2. April 26, 2007, 6:30 p.m. to 8:30 p.m., West Islip, NY.
3. April 27, 2007, 3:30 p.m. to 5:30 p.m., Gloucester, MA.
ADDRESSES: Comments may be submitted through any of the following
methods:
E-mail: 07BFTSPECS@noaa.gov. Include in the subject line
the following identifier: ``Comments on 2007 Atlantic bluefin tuna
specifications.''
Federal e-Rulemaking Portal: http://www.regulations.gov.
Mail: Sarah McLaughlin, Highly Migratory Species
Management Division, Office of Sustainable Fisheries (F/SF1), NMFS, One
Blackburn Dr., Gloucester, MA 01930.
Fax: (978) 281-9340.
The hearing locations are:
1. Morehead City -- Carteret Community College (Joselyn Hall, H.J.
McGee, Jr. Building), 3505 Arendell Street, Morehead City, NC 28557.
2. West Islip -- West Islip Public Library, 3 Higbie Lane, West
Islip, NY 11795.
3. Gloucester -- NMFS, One Blackburn Drive, Gloucester, MA 01930.
Supporting documents including the Environmental Assessment,
Initial Regulatory Flexibility Analysis, and Regulatory Impact Review
are available by sending your request to Sarah McLaughlin at the
mailing address specified above.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260.
[[Page 16319]]
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).
Background
On May 28, 1998, NMFS published in the Federal Register (64 FR
29090) final regulations, effective July 1, 1999, implementing the
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999
FMP). On October 2, 2006, NMFS published in the Federal Register (71 FR
58058) final regulations, effective November 1, 2006, implementing the
Consolidated Atlantic Highly Migratory Species Fishery Management Plan
(Consolidated HMS FMP), which consolidates the management of all
Atlantic HMS (i.e., sharks, swordfish, tunas, and billfish) into one
comprehensive FMP.
The initial specifications within this proposed rule are published
in accordance with the Consolidated HMS FMP and 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 proposed rule would: (1) Establish initial quota
specifications consistent with the BFT rebuilding program by allocating
the 2006 ICCAT-recommended quota for the 2007 fishing year (June 1,
2007 - December 31, 2007, pursuant to the change in fishing year to a
calendar year as of January 2008 per the Consolidated HMS FMP); (2)
establish General category effort controls, including time-period
subquotas, restricted fishing days (RFDs), and the initial retention
limit; and (3) establish Angling category retention limits for the 2007
fishing season. A minor administrative change to the permit regulations
is also proposed to allow additional flexibility during conversion back
from a fishing year to a calendar year.
Overall U.S. landings figures for the 2006 fishing year are still
preliminary and may be updated before these 2007 fishing year
specifications are finalized. The specifications and effort controls
may subsequently be adjusted during the course of the fishing year,
consistent with the provisions of the Consolidated HMS FMP, and, as
appropriate, would be published in the Federal Register.
NMFS has prepared a draft Environmental Assessment (EA), Regulatory
Impact Review (RIR), and an Initial Regulatory Flexibility Analysis
(IRFA) which present and analyze anticipated environmental, social, and
economic impacts of several alternatives for each of the major issues
contained in this proposed rule. The complete list of alternatives and
their analysis is provided in the draft EA/RIR/IRFA, and is not
repeated here in its entirety. A copy of the draft EA/RIR/IRFA prepared
for this proposed rule is available from NMFS (see ADDRESSES).
2006 ICCAT Recommendation, BFT Underharvests, and Transfers to Other
ICCAT Contracting Parties
At its 2006 meeting, ICCAT recommended a western Atlantic BFT Total
Allowable Catch (TAC) of 2,100 mt, to allow for continued rebuilding of
BFT through 2018. The TAC is inclusive of dead discards and will be
effective annually for 2007 through 2008, and thereafter until changed.
The following deductions are made from the TAC prior to applying the
U.S. share percentage: 4 mt for the United Kingdom (in respect of
Bermuda), 4 mt for France (in respect of St. Pierre and Miquelon), 25
mt for Mexico (to allow incidental catch in the longline fishery in the
Gulf of Mexico), and 15 mt for Canada and 25 mt for the United States
(for bycatch related to directed longline fisheries in the ``in the
vicinity of the management boundary area,'' i.e., the Northeast Distant
gear restricted area (NED), which was defined in the 2003 BFT annual
specification rulemaking process as the Northeast Distant statistical
area (68 FR 56783, October 2, 2003). The U.S. share of the adjusted TAC
is 57.48 percent, or 1,165.12 mt. Accounting for the 25 mt NED set-
aside, the total U.S. allocation is 1,190.12 mt. The previous (2002)
ICCAT recommendation for a western Atlantic BFT TAC of 2,700 mt
included a U.S. quota of 1,464.6 mt, which was effective from 2003
through the end of the 2006 fishing year, i.e., May 31, 2007, and also
included a 25-mt NED set-aside, for a total of 1,489.6 mt.
The 2006 ICCAT recommendation also includes provisions to: (1)
limit carryover of underharvest to no more than 50 percent of a
contracting party's initial TAC; (2) limit mortality of school BFT to
an average of 10 percent of the initial TAC, calculated on a four-year
basis; and (3) allow a contracting party with a TAC allocation to make
a one-time transfer within a fishing year of up to 15 percent of its
TAC allocation to other contracting parties with TAC allocations,
consistent with domestic obligations and conservation considerations.
Regarding the third provision, the ICCAT recommendation stipulates that
the quota transfer may not be used to cover overharvests, and that a
contracting party that receives a one-time quota transfer may not
retransfer that quota. For the United States, the 15-percent limit on
quota transfer equates to 178.5 mt. In considering whether the United
States could enter into an arrangement with another ICCAT contracting
party, several factors would need to be taken into account, including,
but not limited to, the amount of quota to be transferred, the
projected ability of U.S. vessels to harvest the U.S. TAC before the
end of the fishing year, the potential benefits of the transfer to U.S.
fishing participants (such as access to the EEZ of the receiving
contracting party for the harvest of a designated amount of BFT),
potential ecological impacts, and the contracting party's ICCAT
compliance status. NMFS intends to undertake any transfer of U.S. quota
to another ICCAT contracting party via a separate action proposed in
the Federal Register, if the situation arises.
Initial landings estimates (as of January 15, 2007) per category
are as follows: General category -- 159.8 mt; Harpoon category -- 22.2
mt; Longline category -- 31.4 mt; Angling category -- 186.8 mt; Trap
category -- 0 mt; and Purse Seine category -- 3.6 mt. These preliminary
landings estimates, totaling 403.8 mt, indicate that the total 2006
underharvest is 2,435.4 mt. Underharvests per category are
preliminarily determined to be as follows: General category -- 1,003.5
mt; Harpoon category -- 101.8 mt; Longline category -- 236.6 mt;
Angling category -- 195.2 mt; Trap category -- 5.3 mt; and Purse Seine
category -- 620.5 mt. Based on the estimated amount of Reserve that
NMFS maintains for the landing of BFT taken during ongoing scientific
research projects and/or potential overharvests in certain categories,
NMFS estimates that 282.3 mt of Reserve remains from the 2006 fishing
year.
In anticipation of a cap on carryover for the 2007 fishing year,
i.e., 595.1 mt, or one half of the initial U.S. TAC of 1,190.12 mt, and
in anticipation of a substantial underharvest of the 2006 fishing year
domestic quota, the United States agreed at the 2006 ICCAT meeting to
transfer a total of 275 mt of current U.S. underharvest (i.e.,
underharvest of the 2006 fishing year quota) as follows: 75 mt and 100
mt for 2007 and 2008, respectively, to Mexico, and 50 mt for each of
the years 2007 and 2008 to Canada. Based on these transfers, the
remaining amount of underharvest (as of
[[Page 16320]]
January 15, 2007) is 2,160.4 mt. However, the ICCAT-recommended cap
limits the amount the United States may carry over for 2007 to 595.1
mt.
Domestic Quota Allocation
The 1999 FMP and its implementing regulations established baseline
percentage quota shares for the domestic fishing categories. These
percentage shares were based on allocation procedures that NMFS
developed over several years. The baseline percentage quota shares
established in the 1999 FMP and contained in the Consolidated HMS FMP
for fishing years beginning June 1, 1999, and continuing to the present
are as follows: General category -- 47.1 percent; Harpoon category --
3.9 percent; Purse Seine category -- 18.6 percent; Angling category --
19.7 percent; Longline category -- 8.1 percent; Trap category -- 0.1
percent; and Reserve category -- 2.5 percent.
These proposed initial 2007 fishing year specifications, consistent
with the BFT rebuilding program, would allocate the 2006 ICCAT-
recommended quota for the 2007 fishing year among the several
established domestic fishing categories based on the current BFT quota
allocation percentages per the Consolidated HMS FMP, and would allocate
25 mt to the longline north NED subquota.
As described further below, these specifications also would apply
595.1 mt of the underharvest of BFT quota from the 2006 fishing year,
consistent with the ICCAT-recommended 50-percent cap on quota carryover
to the 2007 fishing year quota, and distribute that underharvest in
such a manner to: (1) Allow for potential transfer of a portion (up to
15 percent) of the 2007 U.S. quota to other ICCAT Contracting Parties,
if warranted; (2) ensure that the Longline category has sufficient
quota to operate during the 2007 fishing year while also considering
accounting for BFT discards; and (3) provide the non-Longline quota
categories a share of the remainder of the underharvest consistent with
the allocation scheme established in the Consolidated HMS FMP.
Beginning with its 1998 recommendation, ICCAT has historically
recommended a deduction of 79 mt from the TAC as an allowance for dead
discards, and the U.S. portion of this allowance has been 68 mt. The
2006 ICCAT recommendation included neither a recommended dead discard
allowance, nor specified dead discard reporting methodology for
compliance purposes. Nevertheless, the United States must report dead
discard estimates annually. Accordingly, NMFS must account for BFT dead
discards in setting the 2007 fishing year quota.
In the past, for compliance purposes, the United States has
reported dead discards to ICCAT as an estimate based on pelagic
longline vessel logbook tallies, adjusted as warranted by observer
data. For 2005, the most recent year for which complete information is
available, the estimate is approximately 46 mt. However, based on
revised methodology, the SCRS now reports dead discard estimates
generated via extrapolation of logbook tallies by pooled observer data;
for 2005, the estimate is approximately 131 mt. These specifications
also use this revised estimate. Estimates of dead discards from other
gear types and fishing sectors that do not use the pelagic longline
vessel logbook are unavailable at this time and thus are not included
in this calculation. Per the ICCAT recommendation, which specifies a
U.S. quota that is inclusive of dead discards, and consistent with how
NMFS has handled past incidents of dead discards exceeding the
allowance, NMFS would deduct the 131 mt of estimated dead discards from
the amount of quota available for the Longline category for the 2007
fishing year. In addition, NMFS proposes to modify the BFT quota and
annual adjustment regulations at Sec. 635.27(a) to indicate that NMFS
will account for dead discards annually as part of the specifications
process, and to indicate its intent to subtract that amount from the
quota of the category accounting for the dead discards.
As described above, the United States may choose, pursuant to the
2006 ICCAT recommendation, to transfer up to 15 percent of the U.S. TAC
to another ICCAT Contracting Party with a TAC allocation, consistent
with U.S. obligations and conservation considerations. NMFS proposes to
divide the 595.1 mt of quota carryover such that 178.5 mt (i.e., 15
percent of 1,190.12 mt) is placed in the Reserve for potential ICCAT
transfer purposes.
NMFS also proposes to assign a sufficient amount of the quota
carryover (236.6 mt) to the Longline category, due to the revised dead
discard accounting methodology, so that after accounting for the 131 mt
of dead discards, sufficient quota is available to cover the
anticipated landings and dead discards of the pelagic longline fishery
during the 2007 fishing year, i.e., potentially 200 mt. NMFS seeks to
avoid a zero or negative quota for the Longline category, which could
result in increased BFT discards, given that NMFS must subtract the
best available dead discard estimate from the TAC on an annual basis.
The Longline category baseline quota allocation (currently 8.1 percent
of the TAC) may need to be revisited in the near future. Any change to
the baseline allocation would require an amendment to the Consolidated
HMS FMP. NMFS proposes to distribute the remainder of the quota
carryover (180 mt) to the Angling, General, Harpoon, Purse Seine, and
Trap categories consistent with their FMP allocations.
Consistent with the 2006 ICCAT recommendation, the proposed rule
also would increase the limit on the take of school BFT (measuring 27
inches (68.6 cm) to less than 47 inches (119.4 cm)) over each 4-
consecutive-year period from 8 percent of the total U.S. TAC (per the
2002 ICCAT recommendation) to 10 percent. Because the total U.S. quota
is reduced by 22 percent, there will be only a minor effective increase
in the base school BFT quota, in weight.
2007 Proposed Initial Quota Specifications
In accordance with the 2006 ICCAT quota recommendation, the
Consolidated HMS FMP percentage shares for each of the domestic
categories, and regulations regarding annual adjustments at Sec.
635.27(a)(10)(ii), NMFS proposes initial quota specifications for the
2007 fishing year as follows: General category -- 643.6 mt; Harpoon
category -- 53.3 mt; Purse Seine category -- 254.1 mt; Angling category
-- 269.2 mt; Longline category -- 200 mt; and Trap category -- 1.4 mt.
Additionally, 207.6 mt would be 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.
Based on the above proposed initial specifications and
considerations regarding the school BFT fishery, the Angling category
quota of 269.2 mt would be 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 --
144 mt, with 68 mt to the northern area and 76 mt to the southern area;
and large medium/giant BFT -- 6.2 mt, with 2.1 mt to the northern area
and 4.2 mt to the southern area.
The 25-mt 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 proposed Longline
[[Page 16321]]
category quota of 200 mt would be subdivided as follows: 80 mt to
pelagic longline vessels landing BFT north of 31[deg] N. latitude and
120 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 would account for landings
under this additional quota separately from other landings under the
Longline north subcategory.
General Category Effort Controls
For the last several years, NMFS has implemented General category
time-period subquotas to increase the likelihood that fishing would
continue throughout the entire General category season. The subquotas
are consistent with the objectives of the Consolidated HMS FMP and are
designed to address concerns regarding the allocation of fishing
opportunities, to assist with distribution and achievement of optimum
yield, to allow for a late season fishery, and to improve market
conditions and scientific monitoring.
The regulations implementing the Consolidated HMS FMP divide the
annual General category quota into five time-period subquotas as
follows: 50 percent for June-August, 26.5 percent for September, 13
percent for October-November, 5.2 percent for December, and 5.3 percent
for January. Because the fishing year is changing back to a calendar
year effective January 1, 2008, NMFS proposes, for the 2007 fishing
year only, to distribute the 5.3 percent of the General category quota
that would be assigned to the January time period to the four time
periods that will occur during the 2007 fishing year. Therefore, of the
available 643.6-mt coastwide quota, 339.8 mt would be available in the
period beginning June 1 and ending August 31, 2007; 180.1 mt would be
available in the period beginning September 1 and ending September 30,
2007; 88.4 mt would be available in the period beginning October 1 and
ending November 30, 2007; and 35.3 mt would be available in the period
beginning December 1 and ending December 31, 2007. The January 2007 BFT
fishery was prosecuted using 2006 fishing year quota. The January 2008
subquota will be included in the 2008 specifications, which NMFS plans
to publish prior to the start of the fishery on January 1, 2008. As
discussed in the Consolidated HMS FMP, NMFS plans to work with the
affected constituents through the 2008 specifications process to
determine the most appropriate disposition of any under- or overharvest
that has accrued in the General category by the end of December 2007.
In addition to time-period subquotas, NMFS also implements General
category RFDs to extend the General category fishing season. The RFDs
are designed to address the same issues addressed by time-period
subquotas and provide additional fine scale inseason flexibility. For
the 2007 fishing year, NMFS proposes a series of solid blocks of RFDs
to extend the General category for as long as possible through the end
of the 2007 fishing year.
Therefore, NMFS proposes that persons aboard vessels permitted in
the General category would be prohibited from fishing, including catch-
and-release and tag-and-release, for BFT of all sizes on the following
days: all Saturdays and Sundays from November 17, 2007, through
December 31, 2007, plus November 22 and December 25, 2007, while the
fishery is open. These proposed RFDs would distribute fishing
opportunities during the late season without increasing BFT mortality.
NMFS' intention is to propose RFDs for January 2008 as part of the 2008
quota specifications and effort controls, scheduled to be published
before January 1, 2008.
Finally, NMFS proposes to adjust the General category retention
limit to three BFT (73 inches (185.4 cm) or greater per vessel per day/
trip). This action is intended to allow increased opportunities to
harvest the General category quota during the period when catch rates
have historically been slow, and to avoid accumulation of unused quota.
This retention limit would be effective from June 1, 2007, until August
31, 2007, unless adjusted with an inseason action, if necessary. NMFS
may consider further retention limit adjustments after August 31, 2007,
depending on several factors, including but not limited to catch rates
and availablility of quota.
Angling Category Effort Controls
NMFS proposes to adjust the 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 limit is expected to maximize use of the Angling category quota
while avoiding overharvest of each of the Angling catgeory subquotas.
The alternative also would provide the same retention limit for both
private and charter/headboat vessels.
Permit Category Changes
Because of the scheduled change to a calendar year fishery
beginning January 1, 2008, and because NMFS plans to administer the
permit program such that Atlantic Tunas, HMS Charter/Headboat, and HMS
Angling category permits issued for the 2007 fishing year will be
effective through December 31, 2008, NMFS also proposes to extend the
window of opportunity to change permit categories for the 2008 fishing
year, i.e., once during the period of January 1, 2008, through May 31,
2008.
Classification
This proposed rule is published under the authority of the
Magnuson-Stevens Act and the ATCA. The AA has preliminarily determined
that the regulations contained in this proposed rule are necessary to
implement the recommendations of ICCAT and to manage the domestic
Atlantic HMS fisheries.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act. The IRFA describes the economic impact this proposed
rule, if adopted, would have on small entities. A description of the
action, why it is being considered, and the legal basis for this action
are contained in the preamble to this proposed rule. A summary of the
analysis follows. A copy of this analysis is available from NMFS (see
ADDRESSES).
NMFS has prepared this IRFA to analyze the impacts on small
entities of the alternatives for establishing 2007 fishing year BFT
quotas for all domestic fishing categories and General and Angling
category effort controls. The analysis for the IRFA assesses the
impacts of the various alternatives on the vessels that participate in
the BFT fisheries, all of which are considered small entities. In order
to do this, NMFS has estimated the average impact that the alternatives
to establish the 2007 BFT quota for all domestic fishing categories
would have on individual categories and the vessels within those
categories. As mentioned above, the 2006 ICCAT recommendation reduced
the U.S. BFT TAC to 1,190.12 mt. This quota allocation includes a set-
aside quota of 25 mt to account for incidental catch of BFT related to
directed longline swordfish and non-BFT tuna fisheries in the NED. This
action would distribute the adjusted (baseline) TAC of 1,165.1 mt to
the domestic fishing categories based on the allocation percentages
established in the Consolidated HMS FMP.
In 2006, the annual gross revenues from the commercial BFT fishery
were approximately $3.4 million.
[[Page 16322]]
Approximately 8,751 vessels are permitted to land and sell BFT under
four commercial BFT quota categories (including charter/headboat
vessels). The commercial categories and their 2006 gross revenues are
General ($2.5 million), Harpoon ($265,951), Purse Seine ($33,819), and
Longline ($558,022). The IRFA assumes that vessels within a category
will have similar catch and gross revenues in order to consider the
relative impact of the various preferred alternatives on vessels. Data
on net revenues of individual fishermen are lacking, so the economic
impact of the alternatives is averaged across each category. NMFS
considers this a reasonable approach for BFT fisheries. More
specifically, available landings data (weight and ex-vessel value of
the fish in price/pound) allow NMFS to calculate the gross revenue
earned by a fishery participant on a successful trip. The available
data do not, however, allow NMFS to calculate the effort and cost
associated with each successful trip (e.g., the cost of gas, bait, ice,
etc.) so net revenue for each participant cannot be calculated. NMFS
cannot determine whether net revenue varies among individual fishery
participants within each category, and therefore whether the economic
impact of a regulation would have a varying impact among individual
participants. As a result, NMFS analyzes the average impact of the
proposed alternatives among all participants in each category.
For the allocation of BFT quota among domestic fishing categories,
NMFS considered three alternatives: A no action alternative (A1);
Alternative A2 (the preferred alternative), which would implement the
2006 ICCAT recommendation; and Alternative A3, which would allocate the
2006 ICCAT recommendation in a manner other than that designated in the
Consolidated HMS FMP and which could address issues regarding the
changing nature of the BFT fisheries (e.g., allocate additional quota
to certain categories and/or certain geographic regions). Alternative
A3 would result in a de facto quota reallocation among categories, and
an FMP amendment would be necessary for its implementation. Per the
Consolidated HMS FMP, NMFS prepares quota specifications annually for
the upcoming fishing year. Preparation of an FMP amendment would not be
possible in the brief period of time between receipt of the ICCAT
recommendation, which occurred in late November 2006, and the start of
the 2007 fishing year on June 1, 2007. Therefore, analysis of the
impacts of Alternative A3 is not available. But, if an FMP amendment
was feasible, positive economic impacts would be expected to result on
average for vessels in permit categories that would receive a greater
share than established in the FMP, and negative economic impacts would
be expected to result on average for vessels in permit categories that
would receive a lesser share than established in the FMP. Impacts per
vessel would depend on the temporal and spatial availability of BFT to
participants.
As noted above, the preferred alternative (Alternative A2) would
implement the 2006 ICCAT recommendation in accordance with the
Consolidated HMS FMP and consistent with the ATCA, under which the
United States is obligated to implement ICCAT-approved quota
recommendations. Alternative A2 would have slightly positive impacts
for fishermen. The no action alternative would keep the quota at pre-
2006 ICCAT recommendation levels (approximately 300 mt more) and would
not be consistent with the purpose and need for this action and the
Consolidated HMS FMP. It would maintain economic impacts to the United
States and to local economies at a distribution and scale similar to
2006 or recent prior years, and would provide fishermen additional
fishing opportunities, subject to the availability of BFT to the
fishery, in the short term.
The preferred alternative also would implement the provision of the
2006 ICCAT recommendation that limits tolerance for school BFT landings
to 10 percent of the U.S. TAC, calculated on a four-year average. This
is expected to have neutral impacts on fishermen who fish for school
BFT, particularly those who rely exclusively on the school size class
for BFT harvest, since the available quota is the same as the level
when the limit was 8-percent of the U.S. TAC under the 2002 ICCAT
recommendation.
Two alternatives were considered for effort control using RFDs in
the General category. The no action alternative would not implement any
RFDs with publication of the initial specifications but rather would
use inseason management authority established in the Consolidated HMS
FMP to implement RFDs during the season, should catch rates warrant
taking this approach. This alternative could be most beneficial during
a season of low catch rates and could have positive economic
consequences if slow catch rates were to persist during the late season
fishery. During a slow season, the season could regulate itself and
fishermen could choose when to fish or not based on their own
preferences. However, it is impossible to predict in advance whether
the season will have low or high catch rates.
The preferred alternative would designate RFDs according to a
schedule published in the initial BFT specifications. In the past, when
catch rates have been high, the use of RFDs (preferred alternative) has
had positive economic consequences by avoiding oversupplying the market
and extending the season as late as possible. In addition, establishing
RFDs at the season onset provides better planning opportunities than
implementing RFDs during the season, since charter/headboat businesses
could book trips and recreational and commercial fishermen could make
plans ahead of time rather than waiting until the last minute to see if
an RFD is going to be implemented. However, implementing RFDs to extend
the late season may have some negative economic impacts to northern
area fishermen who choose to travel to the southern area during the
late season fishery. Travel and lodging costs may be greater if the
season were extended over a greater period of time as proposed under
the preferred alternative. Those additional costs could be mitigated if
the ex-vessel price of BFT stays high, as is intended under this
alternative. Without RFDs, travel costs may be less because of a
shorter season; however, the market could be oversupplied and ex-vessel
prices could fall. Overall, extending the season as late as possible
and establishing formalized RFDs at the season onset would enhance the
likelihood of increasing participation by southern area fishermen,
increase access to the fishery over a greater range of the fish
migration, provide a reliable mechanism for slowing a fishery that has
an ability to generate extremely high catch rates, and is expected to
provide better than average ex-vessel prices with an overall increase
in gross revenues.
A retention limit of three BFT (measuring 73 inches (185.4 cm) or
greater per vessel per day/trip) is the preferred alternative for the
opening retention limit for the General category, which would be in
effect through August 31, 2007. This alternative is expected to result
in the most positive socio-economic impacts by providing the best
opportunity to harvest the quota while avoiding oversupplying the
market, thus maximizing gross revenues. Other considered alternatives
were the no action alternative (one BFT measuring 73 inches or greater
per vessel per day/trip) and a retention limit of two BFT (73 inches or
greater per vessel per day/trip). Both of these alternatives are
expected to be too
[[Page 16323]]
restrictive given the large amount of quota available for the General
category during the 2007 fishing year and could result in the negative
economic impact of lower gross revenues. Although early season landings
seldom occur at a rate that could oversupply the market, NMFS will
monitor landings closely to ensure that the increased retention limit
does not contribute to an oversupply.
Six alternatives were considered for Angling category retention
limits for the 2007 fishing year. The preferred alternative (D1b) is a
three BFT retention limit (two fish measuring 47 inches (119.4 cm) to
less than 73 inches (185.4 cm) and one fish measuring 27 inches (68.6
cm) to less than 73 inches) per vessel per day/trip for all sectors of
the Angling category for the entire 2007 fishing year. The other two
alternatives providing the same daily retention limits (per vessel) for
both private recreational and charter/headboats were the no action
alternative (D1a, i.e., one fish measuring 27 inches to less than 73
inches) and Alternative D1c (two fish measuring 47 inches to less than
73 inches and two fish measuring 27 inches to less than 73 inches).
Alternative D1a was not preferred because it could unnecessarily
restrict the amount of Angling category landings which could result in
an underharvest of the quota and a negative economic impact.
Alternative D1c was not preferred because it could result in an
overharvest of the quota, with negative economic consequences.
Three other alternatives were considered that would provide
different retention limits for the Angling category sectors. The first
(D2a) would allow a private vessel daily retention limit of three fish
(two measuring 47 inches to less than 73 inches and one measuring 27
inches to less than 47 inches) and a charter/headboat daily retention
limit (per vessel) of five fish (three fish measuring 47 inches to less
than 73 inches and two fish measuring 27 inches to less than 47
inches). The second alternative (D2b) would allow three fish (two
measuring 47 inches to less than 73 inches and one measuring 27 inches
to less than 47 inches) for each vessel per day/trip for the season,
with an increase to five fish (three measuring 47 inches to less than
73 inches and two measuring 27 inches to less than 47 inches) per
vessel for charter/headboats during June 15, 2007 through July 31,
2007, and the month of September 2007. The third alternative (D2c)
would allow two fish (measuring 27 inches to less than 73 inches) less
than 47 inches) for each vessel per day/trip for the season, with an
increase to three fish (measuring 27 inches to less than 73 inches) per
vessel for charter/headboats during June 15, 2007 through July 31,
2007, and the month of September 2007. Alternatives D2a and D2b were
considered to be potentially too liberal with a greater potential for
exceeding the Angling category quota for 2007. Alternative D2c was
considered to be unnecessarily restrictive with a greater potential for
negative economic impacts associated with not harvesting the entire
quota. In addition, the D2 subalternatives were not preferred since
they could result in perceived inequities between the two sectors of
the Angling category fishery.
The preferred alternative (D1b) was selected to balance the intent
of landing the Angling category quota without overharvesting, providing
sufficient retention limits to offset costs, reducing any perceived
inequities between the charter/headboat and private recreational vessel
sectors of the Angling category fishery, and providing economic
benefits to all regional sectors of the fishery.
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action. This proposed
rule has also been determined not to duplicate, overlap, or conflict
with any other Federal rules.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Management,
Treaties.
Dated: March 30, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is
proposed to be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
1. The authority citation for part 635 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
2. In Sec. 635.4, paragraph (j)(3) is revised to read as follows:
Sec. 635.4 Permits and fees.
* * * * *
(j) * * *
(3) A vessel owner issued an Atlantic tunas permit in the General,
Harpoon, or Trap category or an Atlantic HMS permit in the Angling or
Charter/Headboat category under paragraph (b), (c), or (d) of this
section may change the category of the vessel permit once within 10
calendar days of the date of issuance of the permit. After 10 calendar
days from the date of issuance of the permit, the vessel owner may not
change the permit category until the following fishing season, except
during the period of January 1, 2008, through May 31, 2008, when one
additional change is authorized.
* * * * *
3. In Sec. 635.27, paragraphs (a) introductory text, (a)(1)(i),
(a)(2), (a)(3), (a)(4)(i), (a)(5), (a)(6), (a)(7)(i), (a)(7)(ii),
(a)(10)(iii), and (a)(10)(iv) are revised to read as follows:
Sec. 635.27 Quotas.
(a) BFT. Consistent with ICCAT recommendations, and with paragraph
(a)(10)(iv) of this section, NMFS may subtract the most recent,
complete, and available estimate of dead discards from the annual U.S.
BFT quota, and make the remainder available to be retained, possessed,
or landed by persons and vessels subject to U.S. jurisdiction. The
remaining baseline annual U.S. BFT quota will be allocated among the
General, Angling, Harpoon, Purse Seine, Longline, Trap, and Reserve
categories. BFT may be taken by persons aboard vessels issued Atlantic
Tunas permits, HMS Angling permits, or HMS Charter/Headboat permits.
The baseline annual U.S. BFT quota is 1,165.1 mt, not including an
additional annual 25 mt allocation provided in paragraph (a)(3) of this
section. Allocations of the baseline annual U.S. BFT quota are: General
- 47.1 percent (548.8 mt); Angling - 19.7 percent (229.5 mt), which
includes the school BFT held in reserve as described under paragraph
(a)(7)(ii) of this section; Harpoon - 3.9 percent (45.4 mt); Purse
Seine - 18.6 percent (216.7 mt); Longline - 8.1 percent (94.4 mt),
which does not include the additional annual 25 mt allocation provided
in paragraph (a)(3) of this section; and Trap - 0.1 percent (1.2 mt).
The remaining 2.5 percent (29.1 mt) of the baseline annual U.S. BFT
quota will be held in reserve for inseason or annual adjustments based
on the criteria in paragraph (a)(8) of this section. NMFS may apportion
a quota allocated to any category to specified fishing periods or to
geographic areas and will make annual adjustments to quotas, as
specified in paragraph (a)(10) of this section. BFT quotas are
specified in whole weight.
(1) General category quota. * * *
(i) Catches from vessels for which General category Atlantic Tunas
permits have been issued and certain catches from vessels for which an
HMS Charter/Headboat permit has been issued are counted against the
General category quota in accordance with Sec. 635.23(c)(3).
[[Page 16324]]
The amount of large medium and giant BFT that may be caught, retained,
possessed, landed, or sold under the General category quota is 47.1
percent (548.8 mt) of the baseline annual U.S. BFT quota, and is
apportioned as follows:
(A) January 1 through January 31 - 5.3 percent (29.1 mt);
(B) June 1 through August 31 - 50 percent (274.4 mt);
(C) September 1 through September 30 - 26.5 percent (145.4 mt);
(D) October 1 through November 30 - 13 percent (71.3 mt); and
(E) December 1 through December 31 - 5.2 percent (28.5 mt).
* * * * *
(2) Angling category quota. In accordance with the framework
procedures of the HMS FMP, prior to each fishing year or as early as
feasible, NMFS will establish the Angling category daily retention
limits. The total amount of BFT that may be caught, retained,
possessed, and landed by anglers aboard vessels for which an HMS
Angling permit or an HMS Charter/Headboat permit has been issued is
19.7 percent (229.5 mt) of the baseline annual U.S. BFT quota. No more
than 2.3 percent (5.3 mt) of the annual Angling category quota may be
large medium or giant BFT. In addition, over each 4 consecutive-year
period (starting in 2007, inclusive), no more than 10 percent of the
annual U.S. BFT quota, inclusive of the allocation specified in
paragraph (a)(3) of this section, may be school BFT. The Angling
category quota includes the amount of school BFT held in reserve under
paragraph (a)(7)(ii) of this section. The size class subquotas for BFT
are further subdivided as follows:
(i) After adjustment for the school BFT quota held in reserve
(under paragraph (a)(7)(ii) of this section), 52.8 percent (51.2 mt) of
the school BFT Angling category quota may be caught, retained,
possessed, or landed south of 39[deg]18' N. lat. The remaining school
BFT Angling category quota (45.8 mt) may be caught, retained, possessed
or landed north of 39[deg]18' N. lat.
(ii) An amount equal to 52.8 percent (55.6 mt) of the large school/
small medium BFT Angling category quota may be caught, retained,
possessed, or landed south of 39[deg]18' N. lat. The remaining large
school/small medium BFT Angling category quota (49.6 mt) may be caught,
retained, possessed or landed north of 39[deg]18' N. lat.
(iii) An amount equal to 66.7 percent (3.5 mt) of the large medium
and giant BFT Angling category quota may be caught, retained,
possessed, or landed south of 39[deg]18' N. lat. The remaining large
medium and giant BFT Angling category quota (1.8 mt) may be caught,
retained, possessed or landed north of 39[deg]18' N. lat.
(3) Longline category quota. The total amount of large medium and
giant BFT that may be caught incidentally and retained, possessed, or
landed by vessels that possess Longline category Atlantic Tunas permits
is 8.1 percent (94.4 mt) of the baseline annual U.S. BFT quota. No more
than 60.0 percent of the Longline category quota may be allocated for
landing in the area south of 31[deg]00' N. lat. In addition, 25 mt
shall be allocated for incidental catch by pelagic longline vessels
fishing in the Northeast Distant gear restricted area as specified at
Sec. 635.23(f)(3).
(4) * * *
(i) The total amount of large medium and giant BFT that may be
caught, retained, possessed, or landed by vessels that possess Purse
Seine category Atlantic Tunas permits is 18.6 percent (216.7 mt) of the
baseline annual U.S. BFT quota. The directed purse seine fishery for
BFT commences on July 15 of each year unless NMFS takes action to delay
the season start date. Based on cumulative and projected landings in
other commercial fishing categories, and the potential for gear
conflicts on the fishing grounds or market impacts due to oversupply,
NMFS may delay the BFT purse seine season start date from July 15 to no
later than August 15 by filing an adjustment with the Office of the
Federal Register prior to July 1.
* * * * *
(5) Harpoon category quota. The total amount of large medium and
giant BFT that may be caught, retained, possessed, landed, or sold by
vessels that possess Harpoon category Atlantic Tunas permits is 3.9
percent (45.4 mt) of the baseline annual U.S. BFT quota. The Harpoon
category fishery closes on November 15 each year.
(6) Trap category quota. The total amount of large medium and giant
BFT that may be caught, retained, possessed, or landed by vessels that
possess Trap category Atlantic Tunas permits is 0.1 percent (1.2 mt) of
the baseline annual U.S. BFT quota.
(7) * * *
(i) The total amount of BFT that is held in reserve for inseason or
annual adjustments and fishery-independent research using quotas or
subquotas is 2.5 percent (29.1 mt) of the baseline annual U.S. BFT
quota. Consistent with paragraph (a)(8) of this section, NMFS may
allocate any portion of this reserve for inseason or annual adjustments
to any category quota in the fishery.
(ii) The total amount of school BFT that is held in reserve for
inseason or annual adjustments and fishery-independent research is 18.5
percent (22 mt) of the total school BFT Angling category quota as
described under paragraph (a)(2) of this section. This is in addition
to the amounts specified in paragraph (a)(7)(i) of this section.
Consistent with paragraph (a)(8) of this section, NMFS may allocate any
portion of the school BFT Angling category quota held in reserve for
inseason or annual adjustments to the Angling category.
* * * * *
(10) * * *
(iii) Regardless of the estimated landings in any year, NMFS may
adjust the annual school BFT quota to ensure that the average take of
school BFT over each 4 consecutive-year period beginning in the 2007
fishing year does not exceed 10 percent by weight of the total annual
U.S. BFT quota, inclusive of the allocation specified in paragraph
(a)(3) of this section, for that period.
(iv) NMFS may subtract the best available estimate of dead discards
from the amount of BFT that can be landed in the subsequent fishing
year by those categories accounting for the dead discards.
* * * * *
[FR Doc. E7-6259 Filed 4-3-07; 8:45 am]
BILLING CODE 3510-22-S
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Originally Posted by Washashore
