Rule2021-19777
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 14, 2021
Effective
September 9, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 113.8 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category. This action is intended to account for an accrued overharvest of 53.8 mt from previous time-period subquotas and to provide further opportunities for General category fishermen to participate in the September General category fishery, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action would affect Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT.
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51016-51017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19777]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XB400]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer.
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SUMMARY: NMFS is transferring 113.8 metric tons (mt) of Atlantic
bluefin tuna (BFT) quota from the Reserve category to the General
category. This action is intended to account for an accrued overharvest
of 53.8 mt from previous time-period subquotas and to provide further
opportunities for General category fishermen to participate in the
September General category fishery, based on consideration of the
regulatory determination criteria regarding inseason adjustments. This
action would affect Atlantic tunas General category (commercial)
permitted vessels and Highly Migratory Species (HMS) Charter/Headboat
permitted vessels with a commercial sale endorsement when fishing
commercially for BFT.
DATES: Effective September 9, 2021 through September 30, 2021.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., 301-427-8503,
Nicholas Velseboer, 978-281-9260, or Lauren Latchford, 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT
fisheries, are managed 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.). The 2006 Consolidated Atlantic HMS Fishery
Management Plan (FMP) and its amendments are implemented by regulations
at 50 CFR part 635. Section 635.27 divides the U.S. BFT quota
recommended by the International Commission for the Conservation of
Atlantic Tunas (ICCAT) and as implemented by the United States among
the various domestic fishing categories, per the allocations
established in the 2006 Consolidated HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens Act to provide U.S. fishing
vessels with a reasonable opportunity to harvest quotas under relevant
international fishery agreements such as the ICCAT Convention, which is
implemented domestically pursuant to ATCA.
The current baseline General and Reserve category quotas are 555.7
mt and 29.5 mt, respectively. The General category baseline subquota
for the September time-period is 147.3 mt. Any unused General category
quota rolls forward from one time-period to the next and is available
for use in subsequent time-periods. To date for 2021, NMFS has
published three actions that resulted in adjustments to the General and
Reserve category quotas. The current adjusted quotas are 138 mt for the
Reserve category, 75 mt for the General category January through March
2021 subquota period, and 9.4 mt for the December 2021 subquota period
(85 FR 83832, December 23, 2020; 86 FR 8717, February 9, 2021; 86 FR
43420, August 9, 2021).
Transfer of 113.8 mt From the Reserve Category to the General Category
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories after considering
determination criteria provided under Sec. 635.27(a)(8). NMFS has
considered all of the relevant determination criteria and their
applicability to this inseason quota transfer. 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 (Sec. 635.27(a)(8)(i)), biological samples
collected from BFT landed by General category fishermen and provided by
tuna dealers provide NMFS with valuable parts and data for ongoing
scientific studies of BFT age and growth, migration, and reproductive
status. Additional opportunity to land BFT in the General category
would support the continued 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 during the summer/fall and winter fisheries in the last
several years) and the likelihood of closure of that segment of the
fishery if no adjustment is made (Sec. 635.27(a)(8)(ii) and (ix)).
Preliminary landings data as of September 8, 2021, indicate that the
General category landed a cumulative total of 406.7 mt through August
31, which exceeds the cumulative adjusted quota available through
August 31, i.e., 352.9 mt. Preliminary September landings as of
September 8, 2021, are 74.5 mt, which represent 51 percent of the
baseline September subquota (147.3 mt). As of September 8, 2021, the
General category September time-period subquota has not yet been
exceeded, but without a quota transfer at this time, NMFS would likely
close the General category fishery shortly, and participants would have
to stop BFT fishing activities while commercial-sized BFT remain
available in the areas where General category permitted vessels operate
at this time of year. Transferring 113.8 mt of quota from the Reserve
category would account for 53.8 mt of accrued overharvest from the
prior time-periods and result in an additional 60 mt being available
for the September 2021 subquota time-period, thus effectively providing
limited additional opportunities to harvest the U.S. BFT quota while
avoiding exceeding it. NMFS also took into consideration a recently
published final rule that would set restricted-fishing days for the
General category during the months of September through November 2021
(86 FR 43421, August 9, 2021). That rule would further increase the
likelihood that the fishery would remain open throughout the subperiod
and year.
Regarding the projected ability of the vessels fishing under the
General category quota to harvest the additional amount of BFT quota
transferred before the end of the fishing year (Sec.
635.27(a)(8)(iii)), NMFS considered General category landings over the
last several years and landings to date this year. Landings are highly
variable and depend on access to commercial-sized BFT and fishing
conditions, among other factors, such as the restrictions that some
dealers placed on their purchases of BFT from General category
participants this year. A portion of the transferred quota covers the
53.8 mt overharvest in the category to date, and NMFS anticipates that
General category participants will be able to harvest the remaining 60
mt of transferred BFT quota by the end of the subquota time-period. In
the unlikely event that any of this quota is unused by September 30,
such quota will roll forward to the next subperiod within the calendar
year (i.e., to the October through November period), and NMFS
anticipates that it would be used before the end of the fishing year.
NMFS also anticipates that some underharvest of the 2020 adjusted U.S.
BFT quota will be carried forward
[[Page 51017]]
to 2021 and placed in the Reserve category, in accordance with the
regulations. Thus, this quota transfer would allow fishermen to take
advantage of the availability of fish on the fishing grounds and
provide a reasonable opportunity to harvest the available U.S. BFT
quota.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the BFT fishery might be exceeded (Sec.
635.27(a)(8)(iv)) and the ability to account for all 2021 landings and
dead discards. In the last several years, total U.S. BFT landings have
been below the available U.S. quota such that the United States has
carried forward the maximum amount of underharvest allowed by ICCAT
from one year to the next. NMFS will need to account for 2021 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and anticipates having sufficient quota to do that.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the transfer on accomplishing the objectives of the
FMP (Sec. 635.27(a)(8)(v) and (vi)). This transfer would be consistent
with established quotas and subquotas, which are implemented consistent
with ICCAT recommendations (established in Recommendation 17-06 and
maintained in Recommendation 20-06), ATCA, and the objectives of the
2006 Consolidated HMS FMP and amendments. In establishing these quotas
and subquotas and associated management measures, ICCAT and NMFS
considered the best scientific information available, objectives for
stock management and status, and effects on the stock. This quota
transfer is in line with the established management measures and stock
status determinations. Another principal consideration is the objective
of providing opportunities to harvest the available General category
quota without exceeding the annual quota, based on the objectives of
the 2006 Consolidated HMS FMP and its amendments, including to achieve
optimum yield on a continuing basis and to optimize the ability of all
permit categories to harvest available BFT quota allocations (related
to Sec. 635.27(a)(8)(x)). Specific to the General category, this
includes providing opportunities equitably across all time-periods.
Given these considerations, NMFS is transferring 113.8 mt of the
available 138 mt of Reserve category quota to the General category. Of
this amount, 53.8 mt accounts for preliminary overharvest of the
January through March and June through August time-period subquotas,
and 60 mt is added to the September subquota. Therefore, NMFS adjusts
the General category September 2021 subquota to 207.3 mt after
accounting for the 53.8 mt of overharvest through for the prior 2021
time-periods and adjusts the Reserve category quota to 24.2 mt. The
General category fishery will remain open until September 30, 2021, or
until the adjusted General category quota is reached, whichever comes
first.
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. Late reporting by dealers compromises NMFS' ability to
timely implement actions such as quota and retention limit adjustments,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
General category and HMS Charter/Headboat vessel owners are required to
report the catch of all BFT retained or discarded dead within 24 hours
of the landing(s) or end of each trip, by accessing <a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a>
or by 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 (e.g., quota adjustment,
daily retention limit adjustment, or closure) 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 <a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a>, for
updates on quota monitoring and inseason adjustments.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is taken pursuant to 50 CFR part 635, which
was issued pursuant to section 304(c), and is exempt from review under
Executive Order 12866.
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 its
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. Affording prior notice and opportunity for public
comment to implement the quota transfer for the September 2021 time-
period is contrary to the public interest as such a delay would likely
result in closure of the General category fishery when the baseline
subquota for the September time-period is met and the need to re-open
the fishery, with attendant costs to the fishery, including
administrative costs and lost fishing opportunities. The delay would
preclude the fishery from harvesting BFT that are available on the
fishing grounds and that might otherwise become unavailable during a
delay. This action does not raise conservation and management concerns.
Transferring quota from the Reserve category to the General category
does not affect the overall U.S. BFT quota, and the adjustment would
have a minimal risk of exceeding the ICCAT-allocated quota. NMFS notes
that the public had an opportunity to comment on the underlying
rulemakings that established the U.S. BFT quota and the inseason
adjustment criteria. 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 these reasons, there also is good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: September 9, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-19777 Filed 9-9-21; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 14, 2021.
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