Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42607 

and the petition for partial 

reconsideration filed by PanAmSat 

Corporation, SES Americom, Inc., and 

Intelsat, Ltd. is hereby granted as 

described herein, and otherwise denied. 

34. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Order on Reconsideration, 

including the Supplemental Final 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer, Office of the 

Secretary. 

[FR Doc. 2018–18151 Filed 8–22–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 150121066–5717–02] 

RIN 0648–XG366 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

General category retention limit 

adjustment. 

SUMMARY: NMFS is adjusting the 

Atlantic bluefin tuna (BFT) General 

category daily retention limit from three 

large medium or giant BFT per vessel 

per day/trip to one large medium or 

giant BFT per vessel per day/trip for the 

remainder of the June through August 

2018 subquota period. This action is 

based on consideration of the regulatory 

determination criteria regarding 

inseason adjustments and applies to 

Atlantic Tunas General category 

(commercial) permitted vessels and 

Highly Migratory Species (HMS) 

Charter/Headboat category permitted 

vessels with a commercial sale 

endorsement when fishing 

commercially for BFT. 

DATES: Effective August 23, 2018, 

through August 31, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Dianne Stephan, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (ATCA; 16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 

established in the 2006 Atlantic 

Consolidated Highly Migratory Species 

Fishery Management Plan (2006 

Consolidated HMS FMP) (71 FR 58058, 

October 2, 2006) and amendments, and 

in accordance with implementing 

regulations. NMFS is required under 

ATCA and the Magnuson-Stevens Act to 

provide U.S. fishing vessels with a 

reasonable opportunity to harvest the 

ICCAT-recommended quota. 

The current baseline U.S. quota is 

1,058.9 mt (not including the 25 mt 

ICCAT allocated to the United States to 

account for bycatch of BFT in pelagic 

longline fisheries in the Northeast 

Distant Gear Restricted Area). See 

§ 635.27(a). The current baseline 

General category quota is 466.7 mt. Each 

of the five General category time periods 

(‘‘January,’’ June through August, 

September, October through November, 

and December) is allocated a portion of 

the annual General category quota. 

Although it is called the ‘‘January’’ 

subquota, the regulations allow the 

General category fishery under this 

quota to continue until the subquota is 

reached or March 31, whichever comes 

first. The current baseline subquotas for 

each time period are as follows: 24.7 mt 

(5.3 percent) for January; 233.3 mt (50 

percent) for June through August; 123.7 

mt (26.5 percent) for September; 60.7 mt 

(13 percent) for October through 

November; and 24.3 mt (5.2 percent) for 

December. Any unused General category 

quota rolls forward within the fishing 

year, which coincides with the calendar 

year, from one time period to the next, 

and is available for use in subsequent 

time periods. This action would adjust 

the daily retention limit for the 

remainder of the second time period in 

2018, which ends August 31, 2018. 

Although NMFS has published a 

proposed rule (83 FR 31517, July 6, 

2018) to increase the baseline U.S. 

bluefin tuna quota from 1,058.79 mt to 

1,247.86 mt and subquotas for 2018 

(including an expected increase in 

General category quota from 466.7 mt to 

555.7 mt, consistent with the annual 

bluefin tuna quota calculation process 

established in § 635.27(a)), NMFS does 

not anticipate that the final rule will be 

effective until September 2018. 

Adjustment of General Category Daily 

Retention Limit 

The default General category retention 

limit is one large medium or giant BFT 

(measuring 73 inches (185 cm) curved 

fork length (CFL) or greater) per vessel 

per day/trip (§ 635.23(a)(2)). 

Under § 635.23(a)(4), NMFS may 

increase or decrease the daily retention 

limit of large medium and giant BFT 

over a range of zero to a maximum of 

five per vessel based on consideration of 

the relevant criteria provided under 

§ 635.27(a)(8). On May 11, 2018, NMFS 

adjusted the daily retention limit for the 

beginning of the June through August 

2018 subquota period from the default 

level of one large medium or giant BFT 

to three large medium or giant BFT (83 

FR 21936). NMFS has considered the 

relevant regulatory determination 

criteria and their applicability to the 

General category BFT retention limit for 

the remainder of the June through 

August 2018 subquota time period. 

These considerations include, but are 

not limited to, the following: 

Regarding the usefulness of 

information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(8)(i)), biological 

samples collected from BFT landed by 

General category fishermen and 

provided by BFT dealers continue to 

provide NMFS with valuable data for 

ongoing scientific studies of BFT age 

and growth, migration, and reproductive 

status. Prolonged opportunities to land 

BFT over the longest time-period 

allowable would support the collection 

of a broad range of data for these studies 

and for stock monitoring purposes. 

NMFS also considered the catches of 

the General category quota to date 

(including landings and catch rates 

during the last several years) and the 

likelihood of closure of that segment of 

the fishery if no adjustment is made 

(§ 635.27(a)(8)(ii) and (ix)). Commercialsize BFT are currently readily available 

to vessels fishing under the General 

category quota. As of August 17, 2018, 

the General category has landed 

approximately 271.9 mt, which is 58 

and 57 percent of the annual base and 

adjusted 2018 General category quotas, 

respectively. Landings since June 1, 

2018, are 212.6 mt, representing 91 

percent of the General category 

subquota for the June 1 through August 

31 period. If current catch rates 

continue with the three-fish daily limit, 

the available subquota for June 1 

through August 31 period could be 

reached or exceeded, and NMFS would 


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42608 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 

need to close the fishery earlier than 

otherwise would be necessary under a 

lower limit. NMFS intends to provide 

General category participants in all 

areas and time periods opportunities to 

harvest the General category quota 

without exceeding it, through active 

inseason management such as retention 

limit adjustments and/or the timing and 

amount of quota transfers (based on 

consideration of the determination 

criteria regarding inseason adjustments), 

while extending the season as long as 

practicable. NMFS is setting the limit 

for the remainder of the June through 

August 2018 subquota period in such a 

way that NMFS believes, informed by 

past experience, increases the likelihood 

that the fishery will remain open 

throughout the subperiod and year. 

NMFS also considered the effects of 

the adjustment on BFT rebuilding and 

overfishing and the effects of the 

adjustment on accomplishing the 

objectives of the FMP (§ 635.27(a)(8)(v) 

and (vi)). The adjusted retention limit 

would be consistent with the 

established quotas and with objectives 

of the 2006 Consolidated HMS FMP and 

amendments, and is not expected to 

negatively impact stock health or to 

affect the stock in ways not already 

analyzed in those documents. It is also 

important that NMFS limit landings to 

the subquotas both to adhere to the FMP 

quota allocations and to ensure that 

landings are as consistent as possible 

with the pattern of fishing mortality 

(e.g., fish caught at each age) that was 

assumed in the projections of stock 

rebuilding. Another principal 

consideration in setting the retention 

limit is the objective of providing 

opportunities to harvest the full General 

category quota without exceeding it 

based on the goals of the 2006 

Consolidated HMS FMP and 

amendments, including to achieve 

optimum yield on a continuing basis 

and to optimize the ability of all permit 

categories to harvest their full BFT 

quota allocations (related to 

§ 635.27(a)(8)(x)). 

Based on these considerations, NMFS 

has determined that a one-fish General 

category retention limit is warranted for 

the remainder of the June-August 2018 

subquota period. The limit would 

provide a reasonable opportunity to 

harvest the full U.S. BFT quota 

(including the expected increase in 

available 2018 quota based on 2017 

underharvest), without exceeding it, 

while maintaining an equitable 

distribution of fishing opportunities, 

help optimize the ability of the General 

category to harvest its quota, allow 

collection of a broad range of data for 

stock monitoring purposes, and be 

consistent with the objectives of the 

2006 Consolidated HMS FMP and 

amendments. Therefore, NMFS adjusts 

the General category retention limit 

from three to one large medium or giant 

BFT per vessel per day/trip, effective 

August 23, 2018, through August 31, 

2018. 

Regardless of the duration of a fishing 

trip, no more than a single day’s 

retention limit may be possessed, 

retained, or landed. For example (and 

specific to the limit that will apply 

through August 31, 2018), whether a 

vessel fishing under the General 

category limit takes a two-day trip or 

makes two trips in one day, the daily 

limit of one fish may not be exceeded 

upon landing. This General category 

retention limit is effective in all areas, 

except for the Gulf of Mexico, where 

NMFS prohibits targeting fishing for 

BFT, and applies to vessels permitted in 

the General category, as well as to HMS 

Charter/Headboat permitted vessels 

with a commercial sale endorsement 

when fishing commercially for BFT. 

Unless NMFS publishes a subsequent 

adjustment in the Federal Register, the 

default daily retention limit of one large 

medium or giant BFT per vessel per 

day/trip (§ 635.23(a)(2)) will apply for 

the September 2018 General category 

fishery, which begins September 1, 

2018. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fishery closely. Dealers are required 

to submit landing reports within 24 

hours of a dealer receiving BFT. In 

addition, General and HMS Charter/ 

Headboat category vessel owners are 

required to report their own catch of all 

BFT retained or discarded dead, within 

24 hours of the landing(s) or end of each 

trip, by accessing hmspermits.noaa.gov, 

using the HMS Catch Reporting app, or 

calling (888) 872–8862 (Monday 

through Friday from 8 a.m. until 4:30 

p.m.). Depending on the level of fishing 

effort and catch rates of BFT, NMFS 

may determine that additional 

adjustments are necessary to ensure 

available quota is not exceeded or to 

enhance scientific data collection from, 

and fishing opportunities in, all 

geographic areas. If needed, subsequent 

adjustments will be published in the 

Federal Register. In addition, fishermen 

may call the Atlantic Tunas Information 

Line at (978) 281–9260, or access 

hmspermits.noaa.gov, for updates on 

quota monitoring and inseason 

adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA) finds that it is impracticable 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action for the following reasons: 

The regulations implementing the 

2006 Consolidated HMS FMP and 

amendments provide for inseason 

retention limit adjustments to respond 

to the unpredictable nature of BFT 

availability on the fishing grounds, the 

migratory nature of this species, and the 

regional variations in the BFT fishery. 

Prior notice and an opportunity for 

public comment is impracticable 

because the regulations implementing 

the 2006 Consolidated HMS FMP, as 

amended, intended that inseason 

retention limit adjustments would allow 

the agency to respond quickly to the 

unpredictable nature of BFT availability 

on the fishing grounds, the migratory 

nature of this species, and the regional 

variations in the BFT fishery. Based on 

available BFT quotas, fishery 

performance in recent years, and the 

availability of BFT on the fishing 

grounds, adjustment to the General 

category BFT daily retention limit from 

the current level is warranted. 

Delays in adjusting the retention limit 

may result in the available June 1 

through August 31 subquota being 

reached or exceeded and NMFS needing 

to close the fishery earlier than 

otherwise would be necessary under the 

lower limit being set for the remainder 

of this period. Such delays could 

adversely affect those General and HMS 

Charter/Headboat category vessels that 

would otherwise have an opportunity to 

harvest BFT if the fishery were to 

remain open for as feasible throughout 

the remaining subquota periods. 

Limited opportunities to harvest the 

respective quotas may have negative 

social and economic impacts for U.S. 

fishermen that depend upon catching 

the available quota within the time 

periods designated in the 2006 

Consolidated HMS FMP, as amended. 

Adjustment of the retention limit needs 

to be effective as soon as possible to 

extend fishing opportunities for 

fishermen in all geographic areas, 

consistent with objectives of the 2006 

Consolidated HMS FMP and provide 

equitable opportunities. 

Prior notice and an opportunity for 

public comment is also impracticable 

for the retention limit adjustment to one 

fish for the remainder of the June 

through August 2018 subquota period. 

Avoiding delay in implementation will 

also allow fishermen to take advantage 

of the availability of fish on the fishing 

grounds and of quota. Therefore, the AA 

finds good cause under 5 U.S.C. 

553(b)(B) to waive prior notice and the 

opportunity for public comment. For 


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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42609 

these reasons, there is good cause under 

5 U.S.C. 553(d) to waive the 30-day 

delay in effectiveness. 

This action is being taken under 

§ 635.23(a)(4), and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: August 20, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–18196 Filed 8–20–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170816769–8162–02] 

RIN 0648–XG378 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2018 Gulf of Alaska Pollock 

Seasonal Apportionments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS is adjusting the 2018 C 

seasonal apportionments of the total 

allowable catch (TAC) for pollock in the 

Gulf of Alaska (GOA) by re-apportioning 

unharvested pollock TAC in Statistical 

Area 630 of the GOA. This action is 

necessary to provide opportunity for 

harvest of the 2018 pollock TAC, 

consistent with the goals and objectives 

of the Fishery Management Plan for 

Groundfish of the Gulf of Alaska. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 20, 2018, until 

2400 hours A.l.t., December 31, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

(Council) under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The annual pollock TACs in 

Statistical Areas 610, 620, and 630 of 

the GOA are apportioned among four 

seasons, in accordance with 

§ 679.23(d)(2). Regulations at 

§ 679.20(a)(5)(iv)(B) allow the 

underharvest of a seasonal 

apportionment to be added to 

subsequent seasonal apportionments, 

provided that any revised seasonal 

apportionment does not exceed 20 

percent of the seasonal apportionment 

for a given statistical area. Therefore, 

NMFS is increasing the C season 

apportionment of pollock in Statistical 

Area 630 of the GOA to reflect the 

underharvest of pollock in Statistical 

Area 630 during the B season. In 

addition, any underharvest remaining 

beyond 20 percent of the originally 

specified seasonal apportionment in a 

particular area may be further 

apportioned to other statistical areas. 

Therefore, NMFS also is increasing the 

C season apportionment of pollock to 

Statistical Areas 610 and 620 based on 

the underharvest of pollock in 

Statistical Area 630 of the GOA. These 

adjustments are described below. 

The C seasonal apportionment of the 

2018 pollock TAC in Statistical Area 

610 of the GOA is 13,777 metric tons 

(mt) as established by the final 2018 and 

2019 harvest specifications for 

groundfish of the GOA (83 FR 8768, 

March 1, 2018). In accordance with 

§ 679.20(a)(5)(iv)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), hereby increases the C 

season apportionment for Statistical 

Area 610 by 611 mt to account for the 

underharvest of the TAC in Statistical 

Area 630 in the B season. This increase 

is in proportion to the estimated pollock 

biomass and is not greater than 20 

percent of the C seasonal apportionment 

of the TAC in Statistical Area 610. 

Therefore, the revised C seasonal 

apportionment of the pollock TAC in 

Statistical Area 610 is 14,388 mt (13,777 

mt plus 611 mt). 

The C seasonal apportionment of the 

2018 pollock TAC in Statistical Area 

620 of the GOA is 10,013 mt as 

established by the final 2018 and 2019 

harvest specifications for groundfish of 

the GOA (83 FR 8768, March 1, 2018). 

In accordance with § 679.20(a)(5)(iv)(B), 

the Regional Administrator hereby 

increases the C seasonal apportionment 

for Statistical Area 620 by 443 mt to 

account for the underharvest of the TAC 

in Statistical Area 630 in the B season. 

This increase is not greater than 20 

percent of the C seasonal apportionment 

of the TAC in Statistical Area 620. 

Therefore, the revised C seasonal 

apportionment of the pollock TAC in 

Statistical Area 620 is 10,456 mt (10,013 

mt plus 443 mt). 

The C seasonal apportionment of the 

2018 pollock TAC in Statistical Area 

630 of the GOA is 13,865 mt as 

established by the final 2018 and 2019 

harvest specifications for groundfish of 

the GOA (83 FR 8768, March 1, 2018). 

In accordance with § 679.20(a)(5)(iv)(B), 

the Regional Administrator hereby 

increases the C seasonal apportionment 

for Statistical Area 630 by 2,773 mt to 

account for the underharvest of the TAC 

in Statistical Area 630 in the B season. 

This increase is in proportion to the 

estimated pollock biomass and is not 

greater than 20 percent of the C seasonal 

apportionment of the TAC in Statistical 

Area 630. Therefore, the revised C 

seasonal apportionment of pollock TAC 

in Statistical Area 630 is 16,638 mt 

(13,865 mt plus 2,773 mt). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

provide opportunity to harvest 

increased pollock seasonal 

apportionments. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 15, 2018. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 20, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–18218 Filed 8–20–18; 4:15 pm] 

BILLING CODE 3510–22–P 


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