Rule2021-21718
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
October 5, 2021
Effective
October 4, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 140 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category. This action is intended to provide further opportunities for General category fishermen to participate in the October through November 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 190 (Tuesday, October 5, 2021)</title>
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[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Rules and Regulations]
[Pages 54873-54875]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21718]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RTID 0648-XB483
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 140 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category.
This action is intended to provide further opportunities for General
category fishermen to participate in the October through November
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 October 4, 2021, through November 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
[[Page 54874]]
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 baseline General and Reserve category quotas are 555.7 mt and
29.5 mt, respectively. The General category baseline subquota for the
October through November time-period is 72.2 mt. Under the regulations,
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 several actions that adjusted the Reserve
category quota (86 FR 8717, February 9, 2021; 86 FR 43420, August 9,
2021; 86 FR 51016, September 14, 2021). NMFS recently also recently
adjusted the Reserve category quota using the allowable underharvest
from 2020 to 2021. The current adjusted Reserve category quota is 151.5
mt.
Transfer of 140 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)). The
General category October through November time-period subquota has not
yet been exceeded, but without a quota transfer at this time, NMFS
would likely need to 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
140 mt of quota from the Reserve category for the October through
November 2021 subquota time-period would provide 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. In the unlikely event that any of this quota is
unused by November 30, such quota will roll forward to the next
subquota time period within the calendar year (i.e., to the December
period), and NMFS anticipates that it would be used before the end of
the fishing year. 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 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 recently took such an action to
carryover the allowable 127.3 mt of underharvest from 2020 to 2021.
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 allow all permit categories
a reasonable opportunity 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 140 mt of the
available 151.5 mt of Reserve category quota to the General category.
Therefore, NMFS adjusts the General category October through November
2021 subquota to 212.2 mt and adjusts the Reserve category quota to
11.5 mt. The General category fishery will remain open until November
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
[[Page 54875]]
(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 and regulations at 50 CFR part 635 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 October through
November 2021 time-period is contrary to the public interest as such a
delay would likely fail to prevent the closure of the General category
fishery when the baseline subquota for the October through November
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 effective
date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: September 30, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-21718 Filed 9-30-21; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 5, 2021.
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