Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31517 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

18–126, adopted April 25, 2018, and 

released April 26, 2018. The full text of 

this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street SW, Washington, 

DC 20554. This document will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an email to 

fcc504@fcc.gov or call the Commission’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts (other than 

ex parte presentations exempt under 47 

CFR 1.1204(a)) are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1208 for rules governing 

restricted proceedings. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Barbara Kreisman, 

Chief, Video Division, Media Bureau. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for Part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 309, 310, 

334, 336, and 339. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Connecticut is amended by 

adding the entry for Stamford to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(i) Post-Transition Table of DTV 

Allotments. 

* * * * * 

CONNECTICUT 

* * * * * 

Stamford ............................... * 49 

* * * * * 

* * * * * 

[FR Doc. 2018–14260 Filed 7–5–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8548–01] 

RIN 0648–BH54 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna and Northern 

Albacore Tuna Quotas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments; notice of public hearing. 

SUMMARY: NMFS proposes to modify the 

baseline annual U.S. quota and 

subquotas for Atlantic bluefin tuna 

(BFT) and the baseline annual U.S. 

North Atlantic albacore (northern 

albacore or NALB) quota. The proposed 

action also would modify regulations to 

update regulatory language on school 

BFT to reflect current ICCAT 

requirements. Finally, NMFS also 

proposes to make a minor change to the 

Atlantic tunas size limit regulations to 

address retention, possession, and 

landing of bigeye and yellowfin tuna 

damaged by shark bites. This action is 

necessary to implement binding 

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). 

DATES: Written comments must be 

received on or before August 6, 2018. 

NMFS will host an operator-assisted 

public hearing conference call and 

webinar on July 17, 2018, from 3 to 5 

p.m. EDT, providing an opportunity for 

individuals from all geographic areas to 

participate. See SUPPLEMENTARY

INFORMATION for further details. 

ADDRESSES: You may submit comments 

on this document, identified by 

‘‘NOAA–NMFS–2018–0004,’’ by either 

of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/#!docketDetail;

D=NOAA-NMFS-2018-0004, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

Sarah McLaughlin, Highly Migratory 

Species (HMS) Management Division, 

Office of Sustainable Fisheries (F/SF1), 

NMFS, 55 Great Republic Drive, 

Gloucester, MA 01930. 

• Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and generally 

will be posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.), confidential 

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender will be 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

The public hearing conference call 

information is phone number 1–800– 

593–7188; participant passcode 

6548000. Participants are strongly 

encouraged to log/dial in 15 minutes 

prior to the meeting. NMFS will show 

a brief presentation via webinar 

followed by public comment. To join 

the webinar, go to: https://

noaaevents2.webex.com/noaaevents2/ 

onstage/g.php?MTID=e051cd980

da5c8b77c9062c866bbb3c95; meeting 

number: 993 478 244; password: NOAA. 

Participants who have not used WebEx 

before will be prompted to download 

and run a plug-in program that will 

enable them to view the webinar. 


daltland on DSKBBV9HB2PROD with PROPOSALS
31518 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 

Supporting documents, including the 

Environmental Assessment, Regulatory 

Impact Review, and Initial Regulatory 

Flexibility Analysis, may be 

downloaded from the HMS website at 

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species/. These 

documents also are available by 

contacting Sarah McLaughlin at the 

mailing address specified above. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

bluefin tuna, bigeye tuna, albacore tuna, 

yellowfin tuna, and skipjack tuna 

(hereafter referred to as ‘‘Atlantic 

tunas’’) are managed under the dual 

authority of the Magnuson-Stevens Act 

(16 U.S.C. 1801 et seq.) and ATCA (16 

U.S.C. 971 et seq.). As a member of 

ICCAT, the United States implements 

binding ICCAT recommendations 

pursuant to ATCA, which authorizes the 

Secretary of Commerce (Secretary) to 

promulgate regulations, as may be 

necessary and appropriate to carry out 

ICCAT recommendations. The authority 

to issue regulations under the 

Magnuson-Stevens Act and ATCA has 

been delegated from the Secretary to the 

Assistant Administrator for Fisheries, 

NMFS. 

Regulations implemented under the 

authority of ATCA and the MagnusonStevens Act governing the harvest of 

BFT and NALB by persons and vessels 

subject to U.S. jurisdiction are found at 

50 CFR part 635. Section 635.27(a) 

subdivides the ICCAT-recommended 

U.S. BFT quota among the various 

domestic fishing categories, per the 

allocations established in the 2006 

Consolidated Atlantic Highly Migratory 

Species Fishery Management Plan (2006 

Consolidated HMS FMP) (71 FR 58058, 

October 2, 2006), as amended by 

Amendment 7 to the 2006 Consolidated 

HMS FMP (Amendment 7) (79 FR 

71510, December 2, 2014), and provides 

the annual BFT quota adjustment 

process. Section 635.27(e) implements 

the ICCAT-recommended U.S. NALB 

quota and provides the annual NALB 

quota adjustment process. Section 

635.20(c) implements the size limit 

restrictions applicable to BFT, bigeye 

tuna, and yellowfin tuna. NMFS is 

required under ATCA and the 

Magnuson-Stevens Act to provide U.S. 

fishing vessels with a reasonable 

opportunity to harvest the ICCATrecommended quotas. 

Since 1982, ICCAT has recommended 

a Total Allowable Catch (TAC) of 

western Atlantic BFT for contracting 

parties fishing on the stock, and since 

1991, ICCAT has recommended specific 

quotas within that TAC for the United 

States and other contracting parties. 

Since 1999, ICCAT has managed 

western BFT in accordance with a 20- 

year rebuilding program adopted in 

1998. Since 1998, ICCAT has adopted 

recommendations regarding the NALB 

fishery, including quotas for the major 

harvesters. In 2009, ICCAT established a 

NALB rebuilding program, including a 

TAC and several provisions to limit 

catches by contracting parties (for major 

and minor harvesters). ICCAT sets BFT 

and NALB conservation and 

management measures, including TACs, 

following consideration of the latest 

stock assessment information and 

management advice provided by the 

Standing Committee on Research and 

Statistics (SCRS), ICCAT’s scientific 

body. 

Through this action, NMFS proposes 

to adjust the annual U.S. baseline BFT 

quota and subquotas and the annual 

U.S. baseline NALB quota to implement 

the new quotas adopted in 2017 by 

ICCAT as required by ATCA, and to 

achieve domestic management 

objectives under the Magnuson-Stevens 

Act. NMFS also is proposing minor 

modifications to the Atlantic tunas size 

limit regulations to address retention, 

possession, and landing of bigeye and 

yellowfin tuna damaged by shark bites. 

This change would allow retention, 

possession, and landing of bigeye and 

yellowfin tuna for which the otherwiserequired measurement to the fork of the 

tail may not be possible, provided that 

the remainder of the fish meets the 

applicable minimum sizes. Minimum 

fish size regulations apply to Atlantic 

bluefin tuna, bigeye tuna, and yellowfin 

tuna but this change would apply only 

to bigeye and yellowfin tunas. This 

change is not a result of ICCAT 

recommendations but rather clarifies the 

applicability of size limits to a situation 

that is not addressed by the current 

regulations. The clarification is 

included in this action for purposes of 

administrative efficiency and because it 

addresses Atlantic tunas management, 

like the other actions being 

implemented here. Finally, this action 

would modify regulations to update 

regulatory language on school BFT to 

reflect current ICCAT requirements. 

NMFS has prepared an Environmental 

Assessment (EA), Regulatory Impact 

Review (RIR), and an Initial Regulatory 

Flexibility Analysis (IRFA), which 

analyze the anticipated environmental, 

social, and economic impacts of several 

alternatives for each of the major issues 

contained in this proposed rule. The list 

of alternatives and their analyses are 

provided in the draft EA/RIR/IRFA and 

are not repeated here in their entirety. 

The effects of the changes related to 

retention of shark-bitten tunas are 

primarily economic and administrative 

in nature and thus are not analyzed in 

the draft EA. The effects of updating 

regulatory language on school BFT to 

reflect current ICCAT requirements are 

administrative in nature and thus are 

not analyzed in the draft EA. 

A copy of the draft EA/RIR/IRFA 

prepared for this proposed rule is 

available from NMFS (see ADDRESSES). 

Bluefin Tuna Annual Quota and 

Subquotas 

2017 ICCAT Stock Assessment and 

Recommendation 

The SCRS took a substantially 

different approach in 2017 from prior 

years in evaluating and providing 

management advice for the western BFT 

stock. In the past, significant 

uncertainties in some population 

characteristics resulted in assessments 

with very divergent stock status 

estimates, creating serious challenges 

for management. In an effort to improve 

this situation, the SCRS moved away 

from assessing the western stock against 

biomass-based reference points and 

instead evaluated the stock and 

provided management advice based on 

fishing mortality rate-based reference 

points. The draft EA provides more 

detailed information about the 

differences between the previous stock 

assessments’ approach and the current 

approach, focusing on the last (2014) 

stock assessment, to offer more context 

and information. 

In past western BFT stock 

assessments and updates, the SCRS 

presented status and projection 

information based on two divergent 

stock recruitment potential scenarios 

(low and high) and stated that it had 

insufficient evidence to favor either 

scenario over the other. Generally, 

under the low recruitment scenario, it 

was assumed that the stock is not as 

productive as it once was (i.e., prior to 

the 1970s) and therefore the maximum 

sustainable yield (MSY) is fairly low, 

and the stock is considered rebuilt. 

Under the high recruitment scenario, it 

was assumed that the stock could be 

much more productive as it recovers 

and MSY is much higher. However, 

under this scenario, the stock could not 

be rebuilt within the rebuilding period, 

even with no catch. The SCRS’ findings 

did not permit specification of a single 

MSY level for management purposes. 

Given the conflicting scenarios, ICCAT 

selected a TAC that would ensure 

continued stock growth under either 

scenario. Following the 2014 stock 

assessment, NMFS applied domestic 


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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31519 

stock status determination criteria and 

concluded that the status of the stock 

should be changed from ‘‘overfished 

and subject to overfishing’’ to 

‘‘overfished and no longer subject to 

overfishing,’’ indicating an improved 

stock status under either scenario. 

The SCRS next conducted a stock 

assessment for western Atlantic bluefin 

tuna in 2017. The 2017 stock assessment 

report stated that, despite considerable 

efforts to improve the historical data for 

the western Atlantic bluefin tuna stock 

and resolve assessment uncertainties, 

the SCRS has not gained any further 

insights into future recruitment 

potential. The assessment concluded 

that any additional improvements to the 

historical data are likely to be rather 

modest in scope and the SCRS expects 

such insights to ‘‘remain elusive.’’ 

Moreover, the SCRS stated that the 

ICCAT Convention objective of 

stabilizing the stock near the biomass 

necessary to produce MSY (BMSY) by its 

very nature tends to prevent the stock 

from reaching the high and low biomass 

levels needed to provide adequate 

contrast for estimating the spawnerrecruit relationship in this situation, 

which may help resolve the divergent 

recruitment potential scenarios. The 

SCRS indicated that it is not possible to 

calculate biomass-based reference 

points (e.g., BMSY and the fishing 

mortality rate consistent with achieving 

MSY, FMSY) without additional 

knowledge (or making assumptions) 

about how future recruitment potential 

relates to spawning stock biomass. In 

other words, the SCRS continues to be 

unable to provide one BMSY and 

corresponding allowable fishing 

mortality rate that applies regardless of 

the stock’s long-term recruitment 

potential. In light of the continued 

inability to set such biomass-based 

reference points and the unlikelihood of 

resolution in the near future, the SCRS 

decided to take a new approach to the 

stock assessment, focusing on fishing 

mortality rate-based reference points. 

The SCRS indicated that in other 

situations with stocks facing such 

uncertainties, several fishing mortality 

rate-based reference points have been 

recommended as proxies for FMSY as a 

strategy for effective stock management. 

A fishing mortality rate-based approach 

does not rely on or assume a stockrecruitment relationship but is derived 

from the yield-per-recruit curve. More 

detail about the F0.1 approach is 

provided in the draft EA. The SCRS 

stated in the assessment that it 

considers F0.1 to be a reasonable proxy 

for FMSY for the western Atlantic bluefin 

tuna stock and indicated that fishing 

consistently at F0.1 will, over the longterm, cause the stock to fluctuate around 

the corresponding long-term biomass 

(B0.1), whatever the future recruitment 

potential. 

The SCRS advised that annual 

constant catches from 2018–2020 

should not be greater than 2,500 metric 

tons (mt) as that would exceed the 

median yield associated with F0.1. A 

table showing the probability of 

avoiding overfishing for various 

constant TACs was included in the 

report. The SCRS noted that nearly all 

constant catch options shown (i.e., 

TACs greater than 1,000 mt) would 

result in an estimated decrease in 

biomass between 2018 and 2020; the 

percentage decrease being larger for the 

larger catches. For further detail, see 

pages 98 and 111 through 121 of the 

SCRS report at http://www.iccat.int/ 

Documents/Meetings/Docs/2017_SCRS_

REP_ENG.pdf. 

At its November 2017 meeting, after 

considering the SCRS advice, ICCAT 

adopted a recommendation for an 

interim conservation and management 

plan for western Atlantic BFT for 2018 

through 2020 (ICCAT Recommendation 

17–06). An interim approach was 

selected in light of the SCRS’ new stock 

assessment approach and ICCAT’s 

development of management procedures 

for the stock by 2020. Management 

procedures are a way to manage stocks 

in light of stock assessment and other 

scientific uncertainties and include use 

of stock monitoring, pre-agreed actions 

based on triggers, and evaluation to help 

ensure identified management 

objectives are achieved. See EA for more 

details. The Recommendation includes 

a TAC of 2,350 mt annually (i.e., an 

increase of approximately 17.5 percent) 

for each of 2018, 2019, and 2020. This 

TAC is within the SCRS-recommended 

range and provides a buffer from the top 

end of the range to help further account 

for identified stock assessment 

uncertainties. Relevant provisions of the 

Recommendation by ICCAT Amending 

the Supplemental Recommendation by 

ICCAT Concerning the Western Atlantic 

Bluefin Tuna Rebuilding Program 

(Recommendation 16–08) were also 

maintained in Recommendation 17–06, 

such as those involving effort and 

capacity limits, the 10-percent limit on 

the amount of unused quota Contracting 

Parties may carry forward, minimum 

fish size requirements and protection of 

small fish (including the 10-percent 

tolerance limit on the harvest of BFT 

measuring less than 115 cm and the 

procedures for addressing overharvest of 

the tolerance limit), area and time 

restrictions, transshipment, scientific 

research, and data and reporting 

requirements. 

Following the 2017 stock assessment, 

NMFS, applying domestic stock status 

determination criteria, concluded that 

the overfished status of the stock is 

unknown and the stock is not subject to 

overfishing, stating that changing from 

overfished to unknown status was 

appropriate given the continued 

inability to resolve the two widely 

divergent stock recruitment potential 

scenarios and the SCRS’ rejection of that 

approach in the 2017 assessment in 

favor of a new approach. 

Quotas and Domestic Allocations 

Recommendation 17–06 maintained 

the quota sharing arrangement (i.e., the 

percentages to each Contracting Party) 

of previous recommendations. Under 

the ICCAT recommendation, the annual 

U.S. quota is 1,247.86 mt, plus 25 mt to 

account for bycatch related to pelagic 

longline fisheries in the Northeast 

Distant gear restricted area (NED), 

resulting in a total of 1,272.86 mt. All 

TAC, quota, and weight information in 

this action are whole weight amounts. 

This action proposes implementing 

the ICCAT-recommended quota of 

1,272.86 mt, which would remain in 

effect until changed (for instance as a 

result of a new ICCAT BFT TAC and 

U.S. quota recommendation). NMFS 

currently anticipates that the annual 

baseline quota and subquotas would be 

in effect through 2020. 

The ICCAT-recommended BFT quota 

proposed in this action would then be 

divided among the established 

regulatory domestic BFT subquota 

categories. First, 68 mt is subtracted 

from the annual U.S. baseline BFT quota 

and allocated to the Longline category 

quota. Second, the remaining quota is 

divided among the categories according 

to the following percentages: General— 

47.1 percent; Angling—19.7 percent; 

Harpoon—3.9 percent; Purse Seine— 

18.6 percent; Longline—8.1 percent 

(plus the 68-mt initial allocation); 

Trap—0.1 percent; and Reserve—2.5 

percent. 

The table below shows the proposed 

quotas and subquotas that result from 

applying this process. These quotas 

would be codified at § 635.27(a) and 

would remain in effect until changed. 


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31520 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 

TABLE 1—PROPOSED ANNUAL ATLANTIC BLUEFIN TUNA QUOTAS

[In metric tons] 

Category Annual baseline quotas and subquotas 

Quota Subquotas 

General ........................................................... 555.7 

January–March 1 ............................................ 29.5 ........................

June–August .................................................. 277.9 ........................

September ...................................................... 147.3 ........................

October–November ........................................ 72.2 ........................

December ....................................................... 28.9 ........................

Harpoon .......................................................... 46.0 

Longline ........................................................... 163.6 

Trap ................................................................. 1.2 2

Purse Seine .................................................... 219.5 

Angling ............................................................ 232.4 

School ............................................................ 127.3 ........................

Reserve ................................................... ........................ 23.5 

North of 39°18′ N lat ............................... ........................ 49.0 

South of 39°18′ N lat .............................. ........................ 54.8 

Large School/Small Medium .......................... 99.8 ........................

North of 39°18′ N lat ............................... ........................ 47.1 

South of 39°18′ N lat .............................. ........................ 52.7 

Trophy ............................................................ 5.3 ........................

North of 39°18′ N lat ............................... ........................ 1.8 

South of 39°18′ N lat .............................. ........................ 1.8 

Gulf of Mexico ......................................... ........................ 1.8 

Reserve ........................................................... 2 29.5 

U.S. Baseline Quota ....................................... 3 1,247.86 

Total U.S. Quota, including 25 mt for NED 

(Longline).

3 1,272.86 

1 January 1 through the effective date of a closure notice filed by NMFS announcing that the January subquota is reached or projected to be 

reached, or through March 31, whichever comes first. 2Baseline amount shown. Does not reflect the annual quota reallocation process (for the Purse Seine and Reserve category quotas) adopted 

in Amendment 7 and codified in the regulations. 3Totals subject to rounding error. 

Within the BFT quota proposed in 

this action and consistent with the 

ICCAT-recommended limit on the 

harvest of school BFT (measuring 27 to 

less than 47 inches curved fork length 

(CFL)), the school BFT subquota would 

be 127.3 mt. The proposed action also 

would amend the regulations regarding 

annual quota adjustments to specify that 

NMFS may adjust the annual school 

BFT subquota to ensure compliance 

with the ICCAT-recommended 

procedures for addressing overharvest of 

school BFT. This amendment is needed 

because the current regulatory text 

refers to outdated language (regarding 

multi-year ‘‘balancing periods’’) from a 

previous ICCAT recommendation. 

NALB Annual Quota 

Recent ICCAT Stock Assessment and 

Recommendations 

In 2016, following consideration of 

the 2016 stock assessment, which 

showed that the stock was no longer 

overfished and not subject to 

overfishing, ICCAT determined that a 

rebuilding program was no longer 

needed and adopted a recommendation 

for a conservation and management 

program for northern albacore (ICCAT 

Recommendation 16–06 on a MultiAnnual Conservation and Management 

Program for North Atlantic Albacore). 

Recommendation 16–06 maintained the 

28,000-mt TAC from the prior 

recommendation for each of 2017 and 

2018, with the possibility of an increase 

to 30,000 mt for 2019–2020 subject to a 

decision by the Commission based on 

updated SCRS advice in 2018. However, 

in the event that ICCAT adopted a 

harvest control rule during the 2017– 

2020 period, the recommendation called 

for the TAC to be modified accordingly. 

The annual U.S. quota under that 

Recommendation was 527 mt. Key 

provisions continued to include: Quotas 

for the major harvesters and catch limits 

for other Contracting Parties and a 10- 

percent limit on the amount of unused 

quota Contracting Parties may carry 

forward. 

Recommendation 16–06 also 

incorporated capacity management 

measures from other active 

recommendations, including language 

establishing an authorized vessel list for 

NALB, operative paragraphs regarding 

anticipated harvest control rules and 

management strategy evaluation for the 

stock, and performance indicators to 

support future decision making. 

In 2017, following consideration of 

SCRS’ work to test a set of harvest 

control rules through management 

strategy evaluation simulations, ICCAT 

adopted an interim harvest control rule 

for NALB, the first for any ICCAT stock, 

with the goal of adopting a long-term 

harvest control rule following further 

management strategy evaluation testing 

over the next few years. ICCAT 

Recommendation 17–04 

(Recommendation by ICCAT on a 

Harvest Control Rule for North Atlantic 

Albacore Supplementing the 

Multiannual Conservation and 

Management Programme, 

Recommendation 16–06) establishes 

various biomass and fishing mortality 

rate-based reference points and includes 

the specific harvest control rule formula 

and figure, as well as the formula for 

setting the appropriate fishing mortality 

rate and, in turn, the TAC. The 3-year 

constant annual TAC adopted by ICCAT 

in 2017 is 33,600 t for 2018–2020; this 

20-percent increase from the current 

28,000-t TAC is consistent with the 

Commission’s chosen stability clause, 

which limits the TAC increase to 20 


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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31521 

percent. Application of ICCAT’s NALB 

allocations to Contracting Parties results 

in a U.S. quota of 632.4 mt, which is a 

20-percent increase (105.4 mt) from the 

current 527-mt quota. The 

recommendation calls on the SCRS to 

continue to develop the management 

strategy evaluation framework over the 

2018–2020 period and calls on ICCAT to 

review the interim harvest control rule 

in 2020 with a view to adopting a longterm management procedure at that 

point. ICCAT plans to consolidate 

Recommendations 17–04 and 16–06, as 

well as consider refinements of the 

interim harvest control rule, at the 2018 

Commission meeting. 

Following the 2016 stock assessment, 

NMFS applied domestic stock status 

determination criteria and concluded 

that the status of the stock should be 

changed from ‘‘not overfished— 

rebuilding’’ to ‘‘rebuilt.’’ 

Domestic Quotas 

The currently-codified baseline 

annual U.S. NALB quota is 527 mt, 

which NMFS implemented in 2015 to 

reflect the amount in the previous 

ICCAT Recommendation 

(Recommendation 13–05, Supplemental 

Recommendation by ICCAT Concerning 

the North Atlantic Albacore Rebuilding 

Program). This action proposes 

implementing the current ICCATrecommended quota of 632.4 mt. 

Modification of the Size Limit 

Regulations To Address SharkDamaged Bigeye and Yellowfin Tuna 

Minimum fish size regulations have 

applied for Atlantic bluefin tuna, bigeye 

tuna, and yellowfin tuna since 1996, 

when NMFS implemented the 27-inch 

minimum size for BFT consistent with 

ICCAT requirements, and also 

implemented a 27-inch minimum size 

for bigeye and yellowfin tuna for 

identification and enforcement 

purposes. These fish may be landed 

round with fins intact, or eviscerated 

with the head and fins removed as long 

as one pectoral fin and the tail remain 

attached. They cannot be filleted or cut 

into pieces at sea. The upper and lower 

lobes of the tail may be removed from 

tunas for storage purposes but the fork 

of the tail must remain intact. 

To facilitate enforcement, total CFL is 

the sole criterion for determining the 

size class of whole (with head) Atlantic 

tunas. CFL is measured by tracing the 

contour of the body from the tip of the 

upper jaw to the fork of the tail in a line 

that runs along the top of the pectoral 

fin and the top of the caudal keel. 

Pectoral fin curved fork length (PFCFL) 

is the sole criterion for determining the 

size class of a bluefin tuna with the head 

removed and is multiplied by 1.35 to 

obtain total CFL. For detailed diagrams 

and measuring instructions, see the 

HMS Compliance Guides at 

www.fisheries.noaa.gov/atlantic-highlymigratory-species/atlantic-highlymigratory-species-fishery-complianceguides. Currently, the size limit 

regulations prohibit a person from 

taking, retaining, or possessing a BFT, 

bigeye tuna, or yellowfin tuna in the 

Atlantic Ocean that is less than 27 

inches CFL. The regulations also 

prohibit removing the head of a bigeye 

tuna or yellowfin tuna if the remaining 

portion would be less than 27 inches 

from the fork of the tail to the forward 

edge of the cut. 

NMFS proposes minor modifications 

to the applicable Atlantic tunas size 

limit regulations to address retention, 

possession, and landing of bigeye and 

yellowfin damaged by shark bites. 

NMFS implemented similar measures to 

address shark-damaged swordfish in 

1996 (61 FR 27304, May 31, 1996). 

Specifically, NMFS proposes to add text 

to the size limit regulations applicable 

to bigeye and yellowfin tunas to 

indicate that a ‘‘bigeye or yellowfin tuna 

that is damaged by shark bites may be 

retained, possessed, or landed only if 

the length of the remainder of the fish 

is equal to or greater than 27 inches (69 

cm).’’ These changes would allow 

retention, possession, and landing of 

yellowfin and bigeye tuna for which a 

measurement to the fork of the tail may 

not be possible, provided that the 

remainder of the fish meets the current 

minimum size (e.g., 27 inches for 

yellowfin and bigeye tuna). For 

enforcement purposes to preserve 

evidence that the carcass was sharkbitten, the action also proposes that no 

tissue may be cut away from or other 

alterations made to the shark-damaged 

area of the fish. The effects of this 

change are primarily economic and 

administrative and no environmental 

effects are anticipated because the 

change only allows for retention of a 

very limited number of fish that would 

otherwise be caught but need to be 

discarded. 

Request for Comments 

NMFS solicits comments on this 

proposed rule through August 6, 2018. 

See instructions in ADDRESSES section. 

Public Hearing Conference Call 

NMFS will hold a public hearing 

conference call and webinar on July 17, 

2018, from 3 p.m. to 5 p.m. EDT, to 

allow for an additional opportunity for 

interested members of the public from 

all geographic areas to submit verbal 

comments on the proposed quota rule. 

The public is reminded that NMFS 

expects participants at public hearings 

and on conference calls to conduct 

themselves appropriately. At the 

beginning of the conference call, a 

representative of NMFS will explain the 

ground rules (all comments are to be 

directed to the agency on the proposed 

action; attendees will be called to give 

their comments in the order in which 

they registered to speak; each attendee 

will have an equal amount of time to 

speak; and attendees should not 

interrupt one another). The NMFS 

representative will attempt to structure 

the meeting so that all attending 

members of the public will be able to 

comment, if they so choose, regardless 

of the controversial nature of the subject 

matter. If attendees do not respect the 

ground rules, they will be asked to leave 

the conference call. 

Classification 

The NMFS Assistant Administrator 

has determined that the proposed rule is 

consistent with the 2006 Consolidated 

HMS FMP and its amendments, the 

Magnuson-Stevens Act, ATCA, and 

other applicable law, subject to further 

consideration after public comment. 

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 (RFA). 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 SUMMARY

and SUPPLEMENTARY INFORMATION

sections of the preamble. A summary of 

the analysis follows. A copy of this 

analysis is available from NMFS (see 

ADDRESSES). 

In compliance with section 603(b)(1) 

of the RFA, the purpose of this proposed 

rulemaking is, consistent with the 2006 

Consolidated HMS FMP objectives, the 

Magnuson-Stevens Act, and other 

applicable law, to analyze the impacts 

of the alternatives for implementing the 

ICCAT-recommended U.S. BFT and 

NALB quotas and allocating the BFT 

quota per the codified quota regulations. 

The proposed action also would update 

regulatory language on school BFT to 

reflect current ICCAT requirements and 

would make a minor change to the 

Atlantic tunas size limit regulations to 

address retention, possession, and 

landing of bigeye and yellowfin tuna 

damaged by shark bites. 

In compliance with section 603(b)(2) 

of the RFA, the objective of this 

proposed rulemaking is to implement 

ICCAT recommendations and achieve 


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domestic management objectives under 

the Magnuson-Stevens Act. 

Section 603(b)(3) of the RFA requires 

Agencies to provide descriptions of, and 

where feasible, an estimate of the 

number of small entities to which the 

rule would apply. The Small Business 

Administration (SBA) has established 

size criteria for all major industry 

sectors in the United States, including 

fish harvesters. Provision is made under 

SBA’s regulations for an agency to 

develop its own industry-specific size 

standards after consultation with 

Advocacy and an opportunity for public 

comment (see 13 CFR 121.903(c)). 

Under this provision, NMFS may 

establish size standards that differ from 

those established by the SBA Office of 

Size Standards, but only for use by 

NMFS and only for the purpose of 

conducting an analysis of economic 

effects in fulfillment of the agency’s 

obligations under the RFA. To utilize 

this provision, NMFS must publish such 

size standards in the Federal Register, 

which NMFS did in a December 29, 

2015, final rule (80 FR 81194) which 

was effective on July 1, 2016 (50 CFR 

200.2). In 50 CFR 200.2, NMFS 

established a small business size 

standard of $11 million in annual gross 

receipts for all businesses in the 

commercial fishing industry (NAICS 

11411) for RFA compliance purposes. 

NMFS considers all commercial HMS 

permit holders to be small entities 

because they had average annual 

receipts of less than $11 million for 

commercial fishing. 

As described in the recently 

published final rule to implement 

quarterly Individual Bluefin Quota 

(IBQ) accounting (82 FR 61489, 

December 28, 2017), the average annual 

gross revenue per active pelagic longline 

vessel was estimated to be $308,050 for 

2013 through 2016. NMFS considers all 

HMS Atlantic Tunas Longline permit 

holders (280 as of October 2017) to be 

small entities because these vessels have 

reported annual gross receipts of less 

than $11 million for commercial fishing. 

The average annual gross revenue per 

active pelagic longline vessel was 

estimated to be $187,000, based on the 

170 active vessels between 2006 and 

2012 that produced an estimated $31.8 

million in revenue annually. The 

maximum annual revenue for any 

pelagic longline vessel between 2006 

and 2015 was $1.9 million, well below 

the NMFS small business size threshold 

of $11 million in gross receipts for 

commercial fishing. NMFS is unaware 

of any other Atlantic Tunas category 

permit holders that potentially could 

earn more than $11 million in revenue 

annually. HMS Angling category 

permits, which are recreational fishing 

permits, are typically obtained by 

individuals who are not considered 

small entities for purposes of the RFA. 

Therefore, NMFS considers all Atlantic 

Tunas permit holders and HMS Charter/ 

Headboat permit holders subject to this 

action to be small entities. 

This action would apply to all 

participants in the Atlantic tunas 

fisheries, i.e., to the over 27,000 vessels 

that held an Atlantic HMS Charter/ 

Headboat, Atlantic HMS Angling, or an 

Atlantic Tunas permit as of October 

2017. This proposed rule is expected to 

directly affect commercial and for-hire 

fishing vessels that possess an Atlantic 

Tunas permit or Atlantic HMS Charter/ 

Headboat permit. It is unknown what 

portion of HMS Charter/Headboat 

permit holders actively participate in 

the BFT and NALB fisheries or fishing 

services for recreational anglers. As 

summarized in the 2017 SAFE Report 

for Atlantic HMS, there were 6,855 

commercial Atlantic tunas or Atlantic 

HMS permits in 2017, as follows: 2,940 

in the Atlantic Tunas General category; 

11 in the Atlantic Tunas Harpoon 

category; 5 in the Atlantic Tunas Purse 

Seine category; 280 in the Atlantic 

Tunas Longline category; 1 in the 

Atlantic Tunas Trap category; and 3,618 

in the HMS Charter/Headboat category. 

In the process of developing the IBQ 

regulations implemented in the final 

rule for Amendment 7 to the 2006 

Consolidated HMS FMP (Amendment 7) 

(79 FR 71510, December 2, 2014), NMFS 

deemed 136 Longline category vessels 

as eligible for IBQ shares (i.e., 136 

vessels reported a set in the HMS 

logbook between 2006 and 2012 and 

had valid Atlantic Tunas Longline 

category permits on a vessel as of 

August 21, 2013, the publication date of 

the Amendment 7 proposed rule). This 

constitutes the best available 

information regarding the universe of 

permits and permit holders recently 

analyzed. It is unknown what portion of 

fishery participants would benefit from 

the minor change in the regulations to 

allow retention, possession, and landing 

of shark-damaged bigeye and yellowfin 

tuna, for which a measurement to the 

fork of the tail may not be possible, 

provided that the remainder of the fish 

meets the current minimum sizes (e.g., 

27 inches for yellowfin, and bigeye 

tunas). NMFS has determined that this 

action would not likely directly affect 

any small government jurisdictions 

defined under the RFA. 

Under section 603(b)(4) of the RFA, 

agencies are required to describe any 

new reporting, record-keeping, and 

other compliance requirements. The 

action does not contain any new 

collection of information, reporting, or 

record-keeping requirements. 

Under section 603(b)(5) of the RFA, 

agencies must identify, to the extent 

practicable, relevant Federal rules 

which duplicate, overlap, or conflict 

with the proposed rule. Fishermen, 

dealers, and managers in these fisheries 

must comply with a number of 

international agreements, domestic 

laws, and other FMPs. These include, 

but are not limited to, the MagnusonStevens Act, ATCA, the High Seas 

Fishing Compliance Act, the Marine 

Mammal Protection Act, the Endangered 

Species Act (ESA), the National 

Environmental Policy Act, the 

Paperwork Reduction Act, and the 

Coastal Zone Management Act. This 

proposed rule has also been determined 

not to duplicate, overlap, or conflict 

with any relevant regulations, Federal or 

otherwise. 

Under section 603(c) of the RFA, 

agencies are required to describe any 

significant alternatives to the proposed 

rule which accomplish the stated 

objectives of the applicable statutes and 

which minimize any significant 

economic impacts of the proposed rule 

on small entities. These alternatives and 

their impacts are discussed below. 

Additionally, the RFA (5 U.S.C. 

603(c)(1)–(4)) lists four general 

categories of significant alternatives that 

would assist an agency in the 

development of significant alternatives. 

These categories of alternatives are: (1) 

Establishment of differing compliance 

or reporting requirements or timetables 

that take into account the resources 

available to small entities; (2) 

clarification, consolidation, or 

simplification of compliance and 

reporting requirements under the rule 

for such small entities; (3) use of 

performance rather than design 

standards; and, (4) exemptions from 

coverage of the rule, or any part thereof, 

for small entities. 

Regarding the first, second, and fourth 

categories, NMFS cannot establish 

differing compliance or reporting 

requirements for small entities or 

exempt small entities from coverage of 

the rule or parts of it, because all of the 

businesses impacted by this rule are 

considered small entities, and thus the 

requirements are already designed for 

small entities. Thus, no alternatives are 

discussed that fall under the first and 

fourth categories described above. 

Amendment 7 in 2014 implemented 

criteria for determining the availability 

of BFT quota for Purse Seine fishery 

category participants and IBQs for the 

Longline category. Both of these and the 

eligibility criteria for IBQs and access to 

the Cape Hatteras Gear Restricted Area 


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for the Longline category can be 

considered individual performance 

standards. NMFS has not yet found a 

practical means of applying individual 

performance standards to the other 

quota categories while concurrently 

complying with the Magnuson-Stevens 

Act. Thus, there are no alternatives 

considered under the third category. 

NMFS has estimated the average 

impact that establishing the increased 

annual U.S. baseline BFT quota for all 

domestic fishing categories would have 

on individual categories and the vessels 

within those categories. As mentioned 

above, the 2017 BFT ICCAT 

recommendation increased the annual 

U.S. baseline BFT quota for each of 

2018, 2019, and 2020 to 1,247.86 mt and 

provides 25 mt annually for incidental 

catch of BFT related to directed longline 

fisheries in the NED. The annual U.S. 

baseline BFT subquotas would be 

adjusted consistent with the process 

(i.e., the formulas) established in 

Amendment 7 (79 FR 71510, December 

2, 2014) and as codified in the quota 

regulations, and these amounts (in mt) 

would be codified. 

This rulemaking proposes to 

implement the recently adopted ICCATrecommended U.S. BFT and NALB 

quotas and, for BFT, to apply the 

allocations for each quota category per 

the codified quota regulations. This 

action would be consistent with ATCA, 

under which the Secretary promulgates 

regulations as necessary and appropriate 

to implement binding ICCAT 

recommendations. 

To calculate the average ex-vessel 

BFT revenues under this action, NMFS 

first estimated potential category-wide 

revenues. The most recent ex-vessel 

average price per pound information for 

each commercial quota category is used 

to estimate potential ex-vessel gross 

revenues under the proposed subquotas 

(i.e., 2017 prices for the General, 

Harpoon, and Longline/Trap categories, 

and 2015 prices for the Purse Seine 

category). For comparison, in 2017, 

gross revenues were approximately $9.2 

million, broken out by category as 

follows: General—$7.8 million, 

Harpoon—$496,968, Purse Seine—$0, 

Longline—$878,824, and Trap—$0. The 

proposed baseline subquotas could 

result in estimated gross revenues of $10 

million annually, if finalized and fully 

utilized, broken out by category as 

follows: General category: $6.5 million 

(555.7 mt * $5.30/lb); Harpoon category: 

$526,326 (46 mt * $5.19/lb); Purse Seine 

category: $1.5 million (219.5 mt * $3.21/ 

lb); Longline category: $1.4 million 

(163.6 mt * $3.99/lb); and Trap category: 

$10,556 (1.2 mt * $3.99/lb). 

No affected entities would be 

expected to experience negative, direct 

economic impacts as a result of this 

action. On the contrary, each of the BFT 

quota categories would increase relative 

to the baseline quotas that applied in 

2015 through 2017. To the extent that 

Purse Seine fishery participants and IBQ 

participants could receive additional 

quota as a result of the Amendment 7- 

implemented allocation formulas being 

applied to increases in available Purse 

Seine and Longline category quota, 

those participants would receive 

varying amounts of an increase, which 

would result in direct benefits from 

either increased fishing opportunities or 

quota leasing. 

To estimate potential average exvessel revenues that could result from 

this action for BFT, NMFS divides the 

potential annual gross revenues for the 

General, Harpoon, Purse Seine, and 

Trap category by the number of permit 

holders. For the Longline category, 

NMFS divides the potential annual 

gross revenues by the number of IBQ 

share recipients. This is an appropriate 

approach for BFT fisheries, in 

particular, because available landings 

data (weight and ex-vessel value of the 

fish in price-per-pound) allow NMFS to 

calculate the gross revenue earned by a 

fishery participant on a successful trip. 

The available data (particularly from 

non-Longline participants) 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. As a 

result, NMFS analyzes the average 

impact of the proposed alternatives 

among all participants in each category. 

Success rates vary widely across 

participants in each category (due to 

extent of vessel effort and availability of 

commercial-sized BFT to participants 

where they fish), but for the sake of 

estimating potential revenues per vessel, 

category-wide revenues can be divided 

by the number of permitted vessels in 

each category. For the Longline fishery, 

actual revenues would depend, in part, 

on each vessel’s IBQ in 2018. It is 

unknown what portion of HMS Charter/ 

Headboat permit holders actively 

participate in the BFT fishery. HMS 

Charter/Headboat vessels may fish 

commercially under the General 

category quota and retention limits. 

Therefore, NMFS is estimating potential 

General category ex-vessel revenue 

changes using the number of General 

category vessels only. 

Estimated potential 2018 revenues on 

a per vessel basis, considering the 

number of permit holders listed above 

and the proposed subquotas, could be 

$2,409 for the General category; $47,848 

for the Harpoon category; $310,670 for 

the Purse Seine category; $10,582 for the 

Longline category, using the 136 IBQ 

share recipients; and $10,556 for the 

Trap category. Thus, all of the entities 

affected by this rule are considered to be 

small entities for the purposes of the 

RFA. 

Consistent with the codified BFT 

quota regulations at § 635.27(a)(v), 

NMFS will continue to annually 

calculate the quota available to 

historical Purse Seine fishery 

participants and reallocate the 

remaining Purse Seine category quota to 

the Reserve category. NMFS will further 

adjust those amounts if the annual U.S. 

baseline BFT quota in this proposed 

rule is finalized. The analyses in this 

IRFA are limited to the proposed 

baseline subquotas. 

Because the directed commercial 

categories have underharvested their 

subquotas in recent years, the potential 

increases in ex-vessel revenues above 

may overestimate the probable 

economic impacts to those categories 

relative to recent conditions. 

Additionally, there has been substantial 

interannual variability in ex-vessel 

revenues in each category in recent 

years, due to recent changes in BFT 

availability and other factors. 

The 2017 NALB ICCAT 

recommendation increased the annual 

U.S. baseline NALB quota for each of 

2018, 2019, and 2020 to 632.4 mt. Based 

on knowledge of current participants in 

the fishery and estimated gross 

revenues, NMFS considers all of the 

entities affected by the NALB quota 

action be small entities for the purposes 

of the RFA. 

NMFS does not subdivide the U.S. 

NALB quota into category subquotas. 

The most recent ex-vessel average price 

per pound information is used to 

estimate potential ex-vessel gross 

revenues. The proposed baseline 

subquotas could result in estimated 

gross revenues of $1.8 million annually, 

if finalized and fully utilized ((632.4 mt/ 

1.25) * $1.63/lb dw). No affected entities 

would be expected to experience 

negative, direct economic impacts as a 

result of this action. 

The proposed change to the regulatory 

text concerning Atlantic bigeye and 

yellowfin tuna size limits applies to all 

fishery participants but is not expected 

to have significant economic impacts. 

This is because shark damage to caught 

bigeye and yellowfin tuna is rare, and 

the proposed change to the regulatory 

text is not expected to result in changes 

to Atlantic tunas fishery operations. 


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31524 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties. 

Dated: June 29, 2018. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 635 to read 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. Amend § 635.20, by revising 

paragraph (c)(3) to read as follows: 

§ 635.20 Size limits. 

* * * * * 

(c) * * * 

(3) No person aboard a vessel shall 

remove the head of a bigeye tuna or 

yellowfin tuna if the remaining portion 

would be less than 27 inches (69 cm) 

from the fork of the tail to the forward 

edge of the cut. A bigeye or yellowfin 

tuna that is damaged by shark bites may 

be retained, possessed, or landed only if 

the length of the remainder of the fish 

is equal to or greater than 27 inches (69 

cm). No person shall cut or otherwise 

alter the shark-damaged area in any 

manner. 

* * * * * 

■ 3. Amend § 635.27, by revising 

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 

(e)(1) to read as follows: 

§ 635.27 Quotas. 

(a) Bluefin tuna. 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. bluefin 

tuna 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. bluefin tuna quota 

will be allocated among the General, 

Angling, Harpoon, Purse Seine, 

Longline, Trap, and Reserve categories, 

as described in this section. Bluefin 

tuna quotas are specified in whole 

weight. The baseline annual U.S. 

bluefin tuna quota is 1,247.86 mt, not 

including an additional annual 25-mt 

allocation provided in paragraph (a)(3) 

of this section. The bluefin quota for the 

quota categories is calculated through 

the following process. First, 68 mt is 

subtracted from the baseline annual U.S. 

bluefin tuna quota and allocated to the 

Longline category quota. Second, the 

remaining quota is divided among the 

categories according to the following 

percentages: General—47.1 percent 

(555.7 mt); Angling—19.7 percent (232.4 

mt), which includes the school bluefin 

tuna held in reserve as described under 

paragraph (a)(7)(ii) of this section; 

Harpoon—3.9 percent (46 mt); Purse 

Seine—18.6 percent (219.5 mt); 

Longline—8.1 percent (95.6) plus the 

68-mt allocation (i.e., 163.6 mt total not 

including the 25-mt allocation from 

paragraph (a)(3)); Trap—0.1 percent (1.2 

mt); and Reserve—2.5 percent (29.5 mt). 

NMFS may make inseason and annual 

adjustments to quotas as specified in 

paragraphs (a)(9) and (10) of this 

section, including quota adjustments as 

a result of the annual reallocation of 

Purse Seine quota described under 

paragraph (a)(4)(v) of this section. 

(1) * * * 

(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 § 635.23(c)(3). 

Pursuant to paragraph (a) of this section, 

the amount of large medium and giant 

bluefin tuna that may be caught, 

retained, possessed, landed, or sold 

under the General category quota is 

555.7 mt, and is apportioned as follows, 

unless modified as described under 

paragraph (a)(1)(ii) of this section: 

(A) January 1 through the effective 

date of a closure notice filed by NMFS 

announcing that the January subquota is 

reached, or projected to be reached 

under § 635.28(a)(1), or through March 

31, whichever comes first—5.3 percent 

(29.5 mt); 

(B) June 1 through August 31—50 

percent (277.9 mt); 

(C) September 1 through September 

30—26.5 percent (147.3 mt); 

(D) October 1 through November 30— 

13 percent (72.2 mt); and 

(E) December 1 through December 

31—5.2 percent (28.9 mt). 

* * * * * 

(2) Angling category quota. In 

accordance with the framework 

procedures of the Consolidated HMS 

FMP, prior to each fishing year, or as 

early as feasible, NMFS will establish 

the Angling category daily retention 

limits. In accordance with paragraph (a) 

of this section, the total amount of 

bluefin tuna 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 232.4 mt. No more than 2.3 

percent (5.3 mt) of the annual Angling 

category quota may be large medium or 

giant bluefin tuna. In addition, no more 

than 10 percent of the annual U.S. 

bluefin tuna quota, inclusive of the 

allocation specified in paragraph (a)(3) 

of this section, may be school bluefin 

tuna (i.e., 127.3 mt). The Angling 

category quota includes the amount of 

school bluefin tuna held in reserve 

under paragraph (a)(7)(ii) of this section. 

The size class subquotas for bluefin tuna 

are further subdivided as follows: 

(i) After adjustment for the school 

bluefin tuna quota held in reserve 

(under paragraph (a)(7)(ii) of this 

section), 52.8 percent (54.8 mt) of the 

school bluefin tuna Angling category 

quota may be caught, retained, 

possessed, or landed south of 39°18′ N. 

lat. The remaining school bluefin tuna 

Angling category quota (49 mt) may be 

caught, retained, possessed or landed 

north of 39°18′ N. lat. 

(ii) An amount equal to 52.8 percent 

(52.7 mt) of the large school/small 

medium bluefin tuna Angling category 

quota may be caught, retained, 

possessed, or landed south of 39°18′ N. 

lat. The remaining large school/small 

medium bluefin tuna Angling category 

quota (47.1 mt) may be caught, retained, 

possessed or landed north of 39°18′ N. 

lat. 

(iii) One third (1.8 mt) of the large 

medium and giant bluefin tuna Angling 

category quota may be caught retained, 

possessed, or landed, in each of the 

three following geographic areas: North 

of 39°18′ N. lat.; south of 39°18′ N. lat., 

and outside of the Gulf of Mexico; and 

in the Gulf of Mexico. For the purposes 

of this section, the Gulf of Mexico 

region includes all waters of the U.S. 

EEZ west and north of the boundary 

stipulated at 50 CFR 600.105(c). 

(3) Longline category quota. Pursuant 

to paragraph (a) of this section, the total 

amount of large medium and giant 

bluefin tuna that may be caught, 

discarded dead, or retained, possessed, 

or landed by vessels that possess 

Atlantic Tunas Longline category 

permits is 163.6 mt. In addition, 25 mt 

shall be allocated for incidental catch by 

pelagic longline vessels fishing in the 

Northeast Distant gear restricted area, 

and subject to the restrictions under 

§ 635.15(b)(8). 

(4) * * * 

(i) Baseline Purse Seine quota. 

Pursuant to paragraph (a) of this section, 

the baseline amount of large medium 

and giant bluefin tuna that may be 


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caught, retained, possessed, or landed 

by vessels that possess Atlantic Tunas 

Purse Seine category permits is 219.5 

mt, unless adjusted as a result of 

inseason and/or annual adjustments to 

quotas as specified in paragraphs (a)(9) 

and (10) of this section; or adjusted 

(prior to allocation to individual 

participants) based on the previous 

year’s catch as described under 

paragraph (a)(4)(v) of this section. 

Annually, NMFS will make a 

determination when the Purse Seine 

fishery will start, based on variations in 

seasonal distribution, abundance or 

migration patterns of bluefin tuna, 

cumulative and projected landings in 

other commercial fishing categories, the 

potential for gear conflicts on the fishing 

grounds, or market impacts due to 

oversupply. NMFS will start the bluefin 

tuna purse seine season between June 1 

and August 15, by filing an action with 

the Office of the Federal Register, and 

notifying the public. The Purse Seine 

category fishery closes on December 31 

of each year. 

* * * * * 

(5) Harpoon category quota. The total 

amount of large medium and giant 

bluefin tuna that may be caught, 

retained, possessed, landed, or sold by 

vessels that possess Harpoon category 

Atlantic Tunas permits is 46 mt. The 

Harpoon category fishery commences on 

June 1 of each year, and closes on 

November 15 of each year. 

(6) Trap category quota. The total 

amount of large medium and giant 

bluefin tuna that may be caught, 

retained, possessed, or landed by 

vessels that possess Trap category 

Atlantic Tunas permits is 1.2 mt. 

(7) * * * 

(i) The total amount of bluefin tuna 

that is held in reserve for inseason or 

annual adjustments and research using 

quota or subquotas is 29.5 mt, which 

may be augmented by allowable 

underharvest from the previous year, or 

annual reallocation of Purse Seine 

category quota as described under 

paragraph (a)(4)(v) of this section. 

Consistent with paragraphs (a)(8) 

through (10) of this section, NMFS may 

allocate any portion of the Reserve 

category quota for inseason or annual 

adjustments to any fishing category 

quota. 

(ii) The total amount of school bluefin 

tuna that is held in reserve for inseason 

or annual adjustments and fisheryindependent research is 18.5 percent 

(23.5 mt) of the total school bluefin tuna 

Angling category quota as described 

under paragraph (a)(2) of this section. 

This amount 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 

bluefin tuna 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 bluefin tuna quota to 

ensure compliance with the ICCATrecommended procedures for 

addressing overharvest of school bluefin 

tuna. 

* * * * * 

(e) Northern albacore tuna—(1) 

Annual quota. Consistent with ICCAT 

recommendations and domestic 

management objectives, the total 

baseline annual fishery quota is 632.4 

mt ww. The total quota, after any 

adjustments made per paragraph (e)(2) 

of this section, is the fishing year’s total 

amount of northern albacore tuna that 

may be landed by persons and vessels 

subject to U.S. jurisdiction. 

* * * * * 

[FR Doc. 2018–14452 Filed 7–5–18; 8:45 am] 

BILLING CODE 3510–22–P 


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