[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Rules and Regulations]
[Pages 30732-30739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13207]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 100317152-0176-01]
RIN 0648-AY77


Atlantic Highly Migratory Species; 2010 Atlantic Bluefin Tuna 
Quota Specifications

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Final rule.

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SUMMARY:  NMFS is establishing Atlantic bluefin tuna (BFT) quota 
specifications for 2010. 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).

DATES:  Effective July 2, 2010.

ADDRESSES:  Supporting documents, including the Supplemental 
Environmental Assessment, Regulatory Impact Review, and Final 
Regulatory Flexibility Analysis, are available from Sarah McLaughlin, 
Highly Migratory Species (HMS) Management Division, Office of 
Sustainable Fisheries (F/SF1), NMFS, 55 Great Republic Drive, 
Gloucester, MA 01930. These documents are also available from the HMS 
Management Division website at http://www.nmfs.noaa.gov/sfa/hms/ or at 
the Federal e-Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:  Sarah McLaughlin, 978-281-9260.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual 
authority of the Magnuson-Stevens Act and ATCA. 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 ATCA 
has been delegated from the Secretary to the Assistant Administrator 
for Fisheries, NOAA (AA).

Background

    Background information about the need for the 2010 BFT quota 
specifications was provided in the preamble to the proposed rule (74 FR 
63095, December 2, 2009), and is not repeated here.

Changes from the Proposed Rule

    Consistent with NMFS' implementation of the 2009 BFT Quota 
Specifications, NMFS establishes the 2010 U.S. baseline quota at the 
ICCAT-recommended level and carries over the full amount of available 
BFT underharvest allowed by ICCAT from 2009 to 2010, and distributes 
that underharvest to: (1) provide the Longline category sufficient 
quota to operate during 2010 after the required accounting for BFT dead 
discards; (2) maintain up to 15 percent of the 2010 U.S. quota in 
Reserve for potential transfer to other ICCAT contracting parties and 
other domestic management objectives, if warranted; and (3) provide the 
non-Longline quota categories a share of the remainder of the 
underharvest consistent with the allocation scheme established in the 
2006 Consolidated Atlantic Highly Migratory Species Fishery Management 
Plan (Consolidated HMS FMP).
    When NMFS prepared the proposed rule, landings information was 
incomplete, and NMFS anticipated the full amount of 2009 underharvest 
allowed under the 2008 ICCAT recommendation for the western Atlantic 
bluefin tuna stock (ICCAT Recommendation 08-04), i.e., 50 percent of 
the U.S. quota, or 488.7 mt, would be available and carried forward to 
2010. NMFS indicated that

[[Page 30733]]

adjustments to the quota specifications based on actual underharvest 
would be made in the final rule. Complete information on 2009 landings 
is now available, and it indicates a total 2009 underharvest of 388.6 
mt. Thus, in this final action, NMFS carries forward 388.6 mt of 2009 
underharvest to 2010, for a total adjusted 2010 BFT quota of 1,168.2 
mt.
    Consistent with the proposed rule, NMFS is applying 170.7 mt of the 
total underharvest to the pelagic longline fishery in anticipation of 
both landings and projected discards. This is intended to allow the 
fishery to operate for the entire 2010 fishing year, i.e., to avoid 
potential closure of the pelagic longline fishery prior to the end of 
the year while the fleet is conducting directed operations for 
swordfish and other Atlantic tunas. NMFS is placing 46.5 mt of 2009 
underharvest in the Reserve and is distributing the remainder of the 
quota carryover (171.4 mt) to the Angling, General, Harpoon, Purse 
Seine, and Trap categories, consistent with the allocation percentage 
shares in the Consolidated HMS FMP. The amount NMFS is placing in the 
Reserve is 100.1 mt less than was proposed. This change allows NMFS to 
maintain the proposed amounts of underharvest to be allocated to the 
Longline fishery and to the directed fishing categories for 2010, as 
well as their respective adjusted quotas. Because the Reserve is not a 
specific fishing category, but rather serves as a pool from which NMFS 
may allocate quota for inseason or annual adjustments to any category 
quota in the BFT fishery, the smaller amount of Reserve in this final 
rule would have no direct impact on any particular fishing category.
    As described in the Comments and Responses section below, following 
requests for information regarding the start date of the Harpoon 
category fishery, NMFS clarifies in the regulatory text of this action 
the dates on which the Harpoon category commences and the Purse Seine 
fishery closes, consistent with existing NMFS guidance and 
publications, including the Consolidated HMS FMP.

2010 Final Quota Specifications

    In accordance with ICCAT Recommendation 08-04, the Consolidated HMS 
FMP percentage shares for each of the domestic categories, and 
regulations regarding annual adjustments at Sec.  635.27(a)(10), NMFS 
establishes final 2010 quota specifications as follows (as shown in the 
table below): General category - 538.9 mt; Harpoon category - 44.6 mt; 
Purse Seine category - 212.8 mt; Angling category - 225.4 mt; Longline 
category - 75 mt; and Trap category - 1.1 mt. A total of 70.3 mt (46.5 
mt of 2009 underharvest plus the Consolidated HMS FMP quota share of 
23.8 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.
    The General category quota of 538.9 mt is subdivided as follows: 
28.6 mt for the period beginning January 1, 2010, and ending January 
31, 2010; 269.4 mt for the period beginning June 1, 2010, and ending 
August 31, 2010; 142.8 mt for the period beginning September 1, 2010, 
and ending September 30, 2010; 70.1 mt for the period beginning October 
1, 2010, and ending November 30, 2010; and 28 mt for the period 
beginning December 1, 2010, and ending December 31, 2010.
    The Angling category quota of 225.4 mt is subdivided as follows: 
School BFT - 97.7 mt, with 37.6 mt to the northern area (north of 
39[deg]18' N. latitude), 42.1 mt to the southern area (south of 
39[deg]18' N. latitude), plus 18.1 mt held in reserve; large school/
small medium BFT - 122.5 mt, with 57.8 mt to the northern area and 64.7 
mt to the southern area; and large medium/giant BFT - 5.2 mt, with 1.7 
mt to the northern area and 3.5 mt to the southern area.
    The 25-mt Northeast Distant gear restricted area (NED) set-aside 
quota is in addition to the overall incidental longline quota, to be 
subdivided in accordance with the North/South allocation percentages 
(i.e., no more than 60 percent to the south of 31[deg] N. latitude). 
NMFS accounts for landings under the 25-mt NED allocation separately 
from other Longline category landings. Thus, the Longline category 
quota of 75 mt is subdivided as follows: 30 mt to pelagic longline 
vessels landing BFT north of 31[deg] N. latitude, and 45 mt to pelagic 
longline vessels landing BFT south of 31[deg] N. latitude.
BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TR02JN10.310

BILLING CODE 3510-22-C

[[Page 30735]]

Comments and Responses

    Below, NMFS summarizes and responds to all comments made 
specifically on the proposed quota specifications. In addition, NMFS 
received comments on issues that were not considered part of this 
rulemaking, as described below.

A. BFT Quotas

    Comment 1: A few commenters support a total closure of the BFT 
fishery, or substantial cuts to the U.S. BFT quota, and stricter 
domestic management measures for the sustainability of the stock. One 
stated that the BFT stock is a natural resource belonging to all, not 
only those who profit from its use.
    Response: These specifications are promulgated in accordance with 
ICCAT Recommendation 08-04, domestic legislation, such as the Magnuson-
Stevens Act, ATCA, and their implementing regulations, and the 
Consolidated HMS FMP. In Recommendation 08-04, ICCAT adopted a western 
Atlantic BFT Total Allowable Catch (TAC) of 1,800 mt for the U.S. 
fisheries for 2010, based on scientific advice and projections that, at 
these harvest levels, the stock would rebuild by the end of the 
rebuilding period under the low recruitment scenario. NMFS is required 
under the Magnuson-Stevens Act to provide U.S. fishing vessels with a 
reasonable opportunity to harvest the ICCAT-recommended quota. Further, 
no regulation promulgated under ATCA may have the effect of increasing 
or decreasing any allocation or quota of fish to which the United 
States agreed pursuant to an ICCAT recommendation. NMFS allocates the 
U.S. quota to ensure that available fishing opportunities are 
distributed over as wide a range as possible with regard to time of 
year, geographic area, and type of participation while maintaining 
consistency with measures taken to rebuild the BFT fishery.
    Comment 2: One commenter is concerned that the fishery for BFT 
measuring less than 73 inches is insufficiently regulated and 
monitored. The commenter suggested that NMFS enforce a hard Angling 
category quota, or stop the recreational BFT fishery on September 1, to 
prevent Angling category quota excesses.
    Response: To monitor the recreational BFT fishery, NMFS depends 
primarily on the Large Pelagics Survey (LPS) for landings estimation, 
and uses information from catch card reporting in North Carolina and 
Maryland as well as the Automated Landings Reporting System to verify 
or supplement landings estimates. The LPS is specifically designed to 
collect information on recreational fishing directed at large pelagic 
species, including tunas. This specialized survey allows for higher 
levels of sampling of fishing trips targeting BFT and other HMS, which 
ultimately improves estimates of total catch and effort. NMFS considers 
the BFT estimates produced by the LPS, in combination with the landings 
reports collected via the other programs described above, to constitute 
the best information available with regard to recreational BFT 
landings.
    Although NMFS also may adjust recreational effort controls inseason 
based on the best information available, landings data generally are 
not available until the end of the calendar year. Using the data sets 
above along with retrospective analysis, NMFS is able to estimate 
approximate landings following the end of the year, and make 
adjustments to recreational daily retention limits for the upcoming 
year to maintain overall landings within the ICCAT-recommended quotas.
    Comment 3: A representative from a commercial handgear organization 
states that the General category BFT allocation scheme, which allocates 
89.5 percent of the General category quota to the summer and fall 
fishery, which traditionally take place in New England, is inequitable 
and violates National Standard 4 of the Magnuson-Stevens Act (i.e., it 
discriminates against residents of different states). The industry 
group seeks reallocation generally, and requests that NMFS allocate 
quota from the 2010 adjusted Reserve to the January and December 2010 
subquotas.
    Response: The current General category quota allocation scheme was 
established in the 2006 Consolidated HMS FMP. During the development of 
the previous HMS FMP, in 1999, the emergence of a General category BFT 
fishery in the southern Atlantic region was extensively discussed by 
the HMS Advisory Panel (AP) and the public. At the time, the majority 
of General category fishing activity took place in the summer and fall 
off the New England and Mid-Atlantic coasts. However, the HMS AP did 
not agree on how the HMS FMP should address the scope of a southern 
area late season General category BFT fishery. In the early 2000s, NMFS 
performed a number of inseason quota transfers of BFT, consistent with 
the transfer criteria established in the 1999 HMS FMP, which allowed 
the General category BFT fishery to extend into the winter months 
(i.e., late November - December). In 2002, NMFS received a Petition for 
Rulemaking from the North Carolina Division of Marine Fisheries to 
formalize this winter fishery and extend fishing opportunities for the 
General category into January (67 FR 69502, November 18, 2002). On 
December 24, 2003, NMFS extended the General category end date from 
December 31 to January 31 (68 FR 74504) to address some of the concerns 
raised in the Petition, as well as to increase fishing opportunities 
and optimum yield for the fishery overall. In 2006, NMFS modified the 
General category time period subquotas to allow for a formalized winter 
fishery via the Consolidated HMS FMP (71 FR 58058, October 2, 2006). 
These subquotas remain in effect.
    However, in November 2009, NMFS published a proposed rule that, if 
finalized, could, among other things, allow the General category season 
to remain open past January 31 until the entire subquota is utilized 
(74 FR 57128, November 4, 2009). This proposed action was initiated 
with the intent to more thoroughly utilize available U.S. BFT quota 
and, in particular, extend fishing opportunities beyond the end of 
January, if quota is still available. The comment period for this 
proposed rule was extended through March 31, 2010.
    Comment 4: A representative from a commercial handgear organization 
objects to the allocation of underharvest carried forward from 2009 to 
the Longline category, and would prefer allocation of this underharvest 
to the directed fishing categories that use live-release methods and do 
not result in discards.
    Response: NMFS is applying 170.7 mt of the 2009 underharvest to the 
Longline category quota to provide the Longline category sufficient 
quota to operate during the entire 2010 fishing year, after the 
required accounting for BFT dead discards. The regulations regarding 
determination criteria and annual adjustment of the BFT quota at 
Sec. Sec.  635.27(a)(8) and 635.27(a)(10) allow NMFS to transfer quotas 
among categories based on several criteria (such as a review of landing 
trends, the projected ability of the vessels fishing under a particular 
category quota to harvest the additional amount of BFT before the end 
of the fishing year, the estimated amounts by which quotas for other 
categories might be exceeded, the effects of the adjustment on 
accomplishing the objectives of the fishery management plan, etc.). 
These regulations provide NMFS the flexibility to apply the 
underharvest to the overall quota for the following fishing year, and 
distribute the underharvest as needed, provided that the total of the 
adjusted

[[Page 30736]]

category quotas and the Reserve is consistent with the ICCAT 
recommendation.
    Distribution of the available underharvest solely to the directed 
fishing categories potentially could result in a closure of the pelagic 
longline fishery prior to the end of the year, while the longline fleet 
is conducting directed operations for swordfish and other Atlantic 
tunas. NMFS acknowledges that high landings and discards are a growing 
issue for the pelagic longline fleet given the limited quota for 
incidental retention of BFT, and continues to work with stakeholders 
and the HMS AP to more fully understand the scope of the problem and 
possible solutions.
    Comment 5: A BFT dealer asks if NMFS can transfer quota from the 
Purse Seine category, which has not made full use of its quota in 
recent years, to the Longline category for 2010.
    Response: As described in the response to Comment 4, NMFS may 
conduct annual adjustments or year-end quota transfers among any of the 
categories based on the determination criteria listed in the BFT quota 
regulations.
     Comment 6: A representative of the longline industry opposes the 
BFT longline dead discard methodology in place since the 2006 ICCAT 
Annual Meeting, and is concerned about the potential for BFT quota 
shortages in the near term, combined with potential increased longline 
interactions with BFT as the stock recovers.
    Response: The United States applies the ICCAT Standing Committee on 
Research and Statistics (SCRS) approved methodology to calculate dead 
discards. The United States must report dead discard estimates to ICCAT 
annually, and account for this mortality as part of the domestic 
specification calculation process. Changes to the approved method would 
require consideration and approval by the SCRS prior to U.S. 
implementation. As described in the response to Comment 4, NMFS will 
continue to seek solutions to the issue of BFT bycatch in the pelagic 
longline fishery.
    Comment 7: A commercial handgear fisherman requests that NMFS 
manage the BFT fishery based on what the science shows to be available 
to the U.S fishery, i.e., allow greater access to small medium BFT, 
because they have moved to grounds off New England.
    Response: The current quota allocation scheme and minimum sizes are 
as established in the 2006 Consolidated HMS FMP. Increased availability 
of small medium BFT (measuring 59 to less than 73 inches) has presented 
increased fishing opportunities for recreational fishery participants 
at this time. However, there is little certainty that this availability 
will continue for the long-term. Furthermore, changes to the commercial 
minimum size need to be carefully considered in the context of impacts 
to the stock and rebuilding program, as well as the socio-economic 
impacts for the commercial and recreational BFT fisheries. In addition, 
because the United States landed its 2009 base quota, and because ICCAT 
Recommendation 08-04 limits the amount of quota that can be carried 
forward to 10 percent starting in 2011, providing additional access to 
small medium BFT potentially could result in U.S. overharvest and U.S. 
non-compliance with the ICCAT Recommendation.

B. Other Issues

1) Extension of the General and Harpoon Category Seasons

    Some of the Gloucester public hearing participants sought 
clarification of the Harpoon category fishery start date, and some 
requested that NMFS allow General and Harpoon category fishing to 
commence May 1 rather than June 1, particularly given recent 
underharvests of those categories.

2) ICCAT Negotiations

    A few industry representatives request that the U.S. delegation to 
ICCAT renegotiate the amount that western Atlantic ICCAT contracting 
parties may carry forward to the next year (from 10 percent to at least 
25 percent), as U.S. landings are variable from year to year and may 
increase as a result of eastern Atlantic and Mediterranean TAC 
reductions and mixing.
    Response to Comments on Other Issues: The suggestions listed above 
are beyond the scope of the rulemaking and NEPA analysis for this 
action. However, in the regulatory text of this action, NMFS clarifies 
that the Harpoon category fishery commences June 1 each year. NMFS also 
clarifies that the Purse Seine fishery closes on December 31 of each 
year. This information has been presented in numerous HMS documents, 
including the Consolidated HMS FMP, the annual Commercial Compliance 
Guides, and the annual Atlantic Tunas Regulations brochures, but 
addressing it in the regulatory text will provide needed clarity within 
the fishery that is the subject of this rule.
    In considering any change to the ICCAT recommendation on allowed 
carryforward of underharvest, NMFS must consider carefully the 
potential effects on the stock rebuilding, particularly when they 
result in potential total catches that are greater than the 
scientifically recommended TAC.

Classification

    NMFS publishes this final rule under the authority of the Magnuson-
Stevens Act and ATCA. The Assistant Administrator for Fisheries (AA) 
has determined that the regulations contained in this final rule are 
necessary to implement the recommendations of ICCAT, and to manage the 
domestic Atlantic HMS fisheries, and are consistent with the Magnuson-
Stevens Act and its National Standards.
    This final rule been determined to be not significant for purposes 
of Executive Order 12866.
    In compliance with Section 604 of the Regulatory Flexibility Act 
(RFA), a Final Regulatory Flexibility Analysis (FRFA) was prepared for 
this rule. The FRFA revises the Initial Regulatory Flexibility Analysis 
(IRFA), and analyzes the anticipated economic impacts of the preferred 
actions and any significant alternatives that could minimize economic 
impacts on small entities. Each of the statutory requirements of 
Section 604 of the RFA has been addressed and a summary of the FRFA is 
below. The full FRFA and analysis of economic and ecological impacts 
are available from NMFS (see ADDRESSES).
    Section 604(a)(1) of the RFA requires the Agency to state the 
objective of and need for the rule. The objective of this rule is to 
establish 2010 BFT quotas. This action is needed specifically to 
implement the 2008 ICCAT BFT recommendation for 2010. The action is 
also necessary and appropriate pursuant to ATCA, and to achieve 
domestic management objectives under the Magnuson-Stevens Act, 
including rebuilding stocks and ending overfishing. Because BFT quotas 
and allocations are codified in the HMS regulations at Sec.  635.27, a 
regulatory amendment is required to modify the baseline U.S. quota from 
1,009.9 mt (recommended for 2009) to 952.4 mt (recommended for 2010), 
and the allocations (in mt) to the General, Angling, Harpoon, Purse 
Seine, Longline, Trap, and Reserve categories, per the percentage 
allocation shares set forth in the Consolidated HMS FMP.
    Section 604(a)(2) of the RFA requires the Agency to summarize 
significant issues raised by public comments in response to the IRFA, a 
summary of the Agency's assessment of such issues, and a statement of 
any changes made as a result of the comments. NMFS did not

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receive any comments specifically on the IRFA.
    Section 604(a)(3) of the RFA requires the Agency to describe and 
provide an estimate of the number of small entities to which the rule 
will apply. The final action could directly affect the approximately 
34,000 vessels that held a 2009 Atlantic HMS Charter/Headboat, Atlantic 
HMS Angling, or an Atlantic tunas permit and will hold one again in 
2010. These permitted vessels consist of commercial, recreational, and 
charter vessels as well as headboats. Of these, 8,318 permit holders 
(the combined number of commercial category permit holders, including 
charter/headboat vessels) are considered small business entities 
according to the Small Business Administration's standard for defining 
a small entity.
    Section 604(a)(4) of the RFA requires the Agency to describe the 
projected reporting, recordkeeping, and other compliance requirements 
of the final rule, including an estimate of the classes of small 
entities which would be subject to the requirements of the report or 
record. None of the alternatives considered for this final rule would 
result in additional reporting, recordkeeping, and compliance 
requirements.
    Section 604(a)(5) of the RFA requires the Agency to describe the 
steps taken to minimize the significant economic impact on small 
entities consistent with the stated objectives of applicable statutes. 
Additionally, section 603(c)(1)-(4) of the RFA lists four general 
categories of ``significant'' alternatives that would assist an agency 
in the development of 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 for small 
entities.
    In order to meet the objectives of this final rule, consistent with 
the Magnuson-Stevens Act, NMFS cannot exempt small entities or change 
the reporting requirements only for small entities, because all of the 
affected businesses (commercial vessel permit holders) are considered 
small entities. Thus, there are no alternatives discussed that fall 
under the first and fourth categories described above. In addition, 
none of the alternatives considered would result in an increase or 
decrease of reporting requirements for small entities (category two 
above). NMFS does not know of any performance or design standards that 
would satisfy the aforementioned objectives of this rulemaking, while 
concurrently complying with the Magnuson-Stevens Act.
    As described below, NMFS analyzed two alternatives in this final 
rulemaking and justified its selection of the preferred alternative to 
achieve the desired objective. Specifically, NMFS analyzed a no-action 
alternative, and a preferred alternative that would implement the 2008 
ICCAT recommendation.
    NMFS has estimated the average impact that the preferred 
alternative to establish the 2010 BFT quota for all domestic fishing 
categories would have on individual permit categories and the vessels 
within those categories. As mentioned above, the 2008 ICCAT 
recommendation reduces the U.S. BFT quota for 2010 to 977.4 mt. This 
quota allocation includes 25 mt to account for incidental catch of BFT 
related to directed longline fisheries in the NED. This action would 
distribute the adjusted (baseline) quota of 952.4 mt to the domestic 
fishing categories based on the allocation percentages established in 
the Consolidated HMS FMP.
    In 2009, the annual gross revenues from the commercial BFT fishery 
were approximately $6.9 million. As described above, 8,318 vessels are 
permitted to land and sell BFT under four commercial BFT quota 
categories (including charter/headboat vessels). The commercial 
categories and their 2009 gross revenues are General ($5,040,772), 
Harpoon ($498,877), Purse Seine ($149,934), and Longline ($1,247,600). 
The FRFA assumes that each vessel within a category would have similar 
catch and gross revenues, to show the relative impact of the proposed 
action on vessels.
    In its analysis of alternatives, NMFS found that implementation of 
the preferred alternative would be in accordance with the Consolidated 
HMS FMP and consistent with ATCA, under which the United States is 
obligated to implement ICCAT-approved quota recommendations as 
necessary and appropriate. The preferred alternative would implement 
this quota, and have slightly positive impacts for fishermen in the 
long-run as the stock rebuilds. The no-action alternative would keep 
the quota at the 2009 levels (approximately 58 mt more), and would be 
inconsistent with the purpose and need for this action as well as the 
Consolidated HMS FMP. It would retain economic impacts to the United 
States and to local economies at a distribution and scale similar to 
2009, or recent prior years, and would provide fishermen additional 
fishing opportunities, subject to the availability of BFT to the 
fishery, in the short term. In the long term, however, as stock 
rebuilding is delayed, negative impacts would result.
    It is difficult to estimate average potential ex-vessel revenues to 
commercial participants, largely because revenues depend heavily on the 
availability of large medium and giant BFT to the fishery. Section 4 of 
the Supplemental Environmental Assessment, Regulatory Impact Review, 
and Final Regulatory Flexibility Analysis describes potential revenue 
losses per commercial quota category, based on each category's proposed 
base quota reduction and price-per-pound information from 2009. This 
was found to be $454,059 for the General category, $27,888 for the 
Harpoon category, $46,420 for the Longline category, $0 for the Trap 
category, and $139,278 for the Purse Seine category. Because the 
directed commercial categories have underharvested their subquotas in 
recent years, the potential decreases in ex-vessel revenues above 
overestimate the probable economic impacts to those categories relative 
to recent conditions. Additionally, there has been substantial 
interannual variability in ex-vessel revenues per category in recent 
years due to recent changes in BFT availability and other factors. 
Generally, the interannual differences in ex-vessel revenues per 
category have been larger than the potential impacts described above.
    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, in 
particular because 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. 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 
revenue loss per vessel, category-wide revenue losses can be divided by 
the number of permitted vessels in each category. Because HMS

[[Page 30738]]

Charter/Headboat vessels may fish commercially under the General 
category quota and retention limits, Charter/Headboat permitted vessels 
are considered along with General category vessels when estimating 
potential General category ex-vessel revenue changes. Potential ex-
vessel revenue losses have been estimated as follows: General category 
(including Charter/Headboat vessels): $57; Harpoon category: $1,213; 
Longline category (incidental): $171; Trap category (incidental): $0; 
and Purse Seine category: $46,426. These values likely overestimate 
potential revenue losses for vessels that actively fish and are 
successful in landing at least one BFT.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Treaties.

    Dated: May 26, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 635 is amended as 
follows:

PART 635-ATLANTIC HIGHLY MIGRATORY SPECIES

0
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.

0
2. In Sec.  635.27, paragraphs (a) introductory text, (a)(1)(i), 
(a)(2), (a)(3), (a)(4)(i), (a)(5), (a)(7)(i), and (a)(7)(ii) 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 952.4 mt, not including an 
additional annual 25 mt allocation provided in paragraph (a)(3) of this 
section. The baseline annual U.S. BFT quota is divided among the 
categories as follows: General - 47.1 percent (448.6 mt); Angling - 
19.7 percent (187.6 mt), which includes the school BFT held in reserve 
as described under paragraph (a)(7)(ii) of this section; Harpoon - 3.9 
percent (37.1 mt); Purse Seine - 18.6 percent (177.2 mt); Longline - 
8.1 percent (77.1 mt), which does not include the additional annual 25 
mt allocation provided in paragraph (a)(3) of this section; and Trap - 
0.1 percent (1.0 mt). The remaining 2.5 percent (23.8 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) * * *
    (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). 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 (448.6 mt) of the baseline annual U.S. BFT quota, and is 
apportioned as follows:
    (A) January 1 through January 31 - 5.3 percent (23.8 mt);
    (B) June 1 through August 31 - 50 percent (224.3 mt);
    (C) September 1 through September 30 - 26.5 percent (118.9 mt);
    (D) October 1 through November 30 - 13 percent (58.3 mt); and
    (E) December 1 through December 31 - 5.2 percent (23.3 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. 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 (187.6 mt) of the baseline annual U.S. BFT quota. No more 
than 2.3 percent (4.3 mt) of the annual Angling category quota may be 
large medium or giant BFT. In addition, over each 2-consecutive-year 
period (starting in 2009, 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 (42.1 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 (37.6 mt) may be caught, retained, possessed 
or landed north of 39[deg]18' N. lat.
    (ii) An amount equal to 52.8 percent (45.2 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 (40.4 mt) may be caught, 
retained, possessed or landed north of 39[deg]18' N. lat.
    (iii) An amount equal to 66.7 percent (2.9 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 (1.4 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 (77.1 mt) of the baseline annual U.S. BFT quota. No more 
than 60.0 percent (46.2 mt) 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 (177.2 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

[[Page 30739]]

with the Office of the Federal Register prior to July 1. The Purse 
Seine category fishery closes on December 31 of each year.
* * * * *
    (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 (37.1 mt) of the baseline annual U.S. BFT quota. The Harpoon 
category fishery commences on June 1 of each year, and closes on 
November 15 of each year.
* * * * *
    (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 (23.8 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 (18.1 mt) of the total school BFT 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 BFT Angling category quota held in 
reserve for inseason or annual adjustments to the Angling category.
* * * * *
[FR Doc. 2010-13207 Filed 5-27-10; 4:15 pm]
BILLING CODE 3510-22-S