Rule2021-27273
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Primary source
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Published
December 16, 2021
Effective
December 13, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS adjusts the Atlantic bluefin tuna (BFT) General category December 2021 subquota by adding 15.5 metric tons (mt) of quota remaining from the September and October through November subquotas resulting in a total adjusted December subquota of 54.6 mt and simultaneously closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 centimeters)) curved fork length or greater) BFT for the December subquota time period, and thus for the remainder of 2021. This action applies to Atlantic Tunas General category (commercial) permitted vessels and 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 239 (Thursday, December 16, 2021)</title>
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[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Rules and Regulations]
[Pages 71393-71395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27273]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XB635]
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 adjustment and closure of the Atlantic
bluefin tuna General category December fishery for 2021.
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SUMMARY: NMFS adjusts the Atlantic bluefin tuna (BFT) General category
December 2021 subquota by adding 15.5 metric tons (mt) of quota
remaining from the September and October through November subquotas
resulting in a total adjusted December subquota of 54.6 mt and
simultaneously closes the General category fishery for large medium and
giant (i.e., measuring 73 inches (185 centimeters)) curved fork length
or greater) BFT for the December subquota time period, and thus for the
remainder of 2021. This action applies to Atlantic Tunas General
category (commercial) permitted vessels and HMS Charter/Headboat
permitted vessels with a commercial sale endorsement when fishing
commercially for BFT.
DATES: The quota adjustment is effective December 13, 2021, through
December 31, 2021. The closure is effective 11:30 p.m., local time,
December 14, 2021, through December 31, 2021.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#a2cec3d0d0db8cd0c7c6c6e2cccdc3c38cc5cdd4"><span class="__cf_email__" data-cfemail="137f7261616a3d61767777537d7c72723d747c65">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#7e10171d1611121f0d50081b120d1c111b0c3e10111f1f50191108"><span class="__cf_email__" data-cfemail="f6989f959e999a9785d880939a8594999384b698999797d8919980">[email protected]</span></a>, 978-281-
9260, or Thomas Warren, <a href="/cdn-cgi/l/email-protection#780c101715190b560f190a0a1d163816171919561f170e"><span class="__cf_email__" data-cfemail="6f1b0700020e1c41180e1d1d0a012f01000e0e41080019">[email protected]</span></a>, 978-281-9347.
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.
Under Sec. 635.28(a)(1), NMFS files a closure action with the
Office of the Federal Register for publication when a BFT quota (or
subquota) is reached or is projected to be reached. Retaining,
possessing, or landing BFT under that quota category is prohibited on
or after the effective date and time of a closure notice for that
category until the opening of the relevant subsequent quota period or
until such date as specified.
The 2021 baseline quota for the General category is 555.7 mt. The
General category baseline subquota for the December time period is 28.9
mt. Effective January 1, 2021, NMFS transferred 19.5 mt of BFT quota
from the December 2021 subquota time-period to the January through
March 2021 subquota time-period resulting in an adjusted subquota of
9.4 mt for the December 2021 time period (85 FR 83832, December 23,
2020). NMFS recently transferred 9.5 mt of Reserve category and 20.2 mt
from the Harpoon category to the General category resulting in an
adjusted December subquota of 39.1 mt (86 FR 66975, November 24, 2021).
Based on landings data received to date, NMFS has determined that the
adjusted September and October through November time period subquotas
were underharvested by 10.7 mt and 4.8 mt, respectively. Thus, 15.5 mt
remains available from previous time periods.
Quota Adjustment
Under Sec. 635.27(a)(1)(ii), NMFS has the authority to adjust each
period's apportionment based on overharvest or underharvest in the
prior period, 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
adjustment. 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)). To
date, preliminary landings data indicate that the General category
September fishery landed 196.6 mt of the adjusted 207.3 mt subquota (86
FR 51016, September 14, 2021) before closing, resulting in an
underharvest of 10.7 mt (207.3 mt--196.6 mt = 10.7 mt) and the October
through November fishery landed 207.4 mt of the adjusted 212.2 mt
subquota (86 FR 54873, October 5, 2021) by the end of the October
through November time period, resulting in an underharvest of 4.8 mt
(212.2 mt--207.4 mt = 4.8 mt). Adjusting the December 2021 subquota by
adding the September
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and October through November subquotas underharvest of 15.5 mt (10.7 mt
+ 4.8 mt = 15.5 mt) would result in a total of 54.6 mt (39.1 mt + 15.5
mt = 54.6 mt) being available to the General category in December.
Without a quota adjustment at this time, NMFS would likely need to
close the General category fishery immediately, 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.
Regarding the projected ability of the vessels fishing under the
General category quota to harvest the additional amount of BFT quota
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. Thus,
this quota adjustment would allow fishermen to take advantage of the
availability of BFT 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. Earlier this year, NMFS took such an action
to carryover the allowable 127.3 mt of underharvest from 2020 to 2021
(86 FR 54659, October 4, 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 based on anticipated underharvest due to landings of some quota
categories being substantially less than the available quotas for those
categories.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the FMP (Sec. 635.27(a)(8)(v) and (vi)). This adjustment 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
adjustment 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 adjusting the General category
December 2021 subquota by adding 15.5 mt of quota remaining from the
September and October through November subquotas. Therefore, NMFS
adjusts the General category December 2021 subquota to 54.6 mt.
Closure of the December 2021 General Category Fishery
As of December 13, 2021, reported landings for the General category
December subquota time period total approximately 44 mt. Based on these
landings data, as well as average catch rates and anticipated fishing
conditions, NMFS projects the adjusted December 2021 subquota of 54.6
mt will be reached shortly. Therefore, retaining, possessing, or
landing large medium or giant (i.e., measuring 73 inches (185 cm)
curved fork length or greater) BFT by persons aboard vessels permitted
in the Atlantic Tunas General category and HMS Charter/Headboat
permitted vessels (while fishing commercially) must cease at 11:30 p.m.
local time on December 14, 2021. The General category will
automatically reopen January 1, 2022, for the January through March
2022 subquota time period. This action applies to Atlantic Tunas
General category (commercial) permitted vessels and HMS Charter/
Headboat permitted vessels with a commercial sale endorsement when
fishing commercially for BFT and is taken consistent with the
regulations at Sec. 635.28(a)(1). The intent of this closure is to
prevent overharvest of the available December subquota.
Fishermen aboard General category permitted vessels and HMS
Charter/Headboat permitted vessels may catch-and-release and tag and
release BFT of all sizes, subject to the requirements of the catch-and-
release and tag-and-release programs at Sec. 635.26. All BFT that are
released must be handled in a manner that will maximize their survival,
and without removing the fish from the water, consistent with
requirements at Sec. 635.21(a)(1). For additional information on safe
handling, see the ``Careful Catch and Release'' brochure available at
<a href="https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/">https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/</a>.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries 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 adjustment,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
General and HMS Charter/Headboat category 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>, using the HMS Catch Reporting app, or calling
(888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is taken pursuant to regulations at 50 CFR
part 635, which were issued pursuant to section 304(c), and is exempt
from review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), there is good cause to waive 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 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. This fishery is currently underway and delaying this
action would be contrary to the public interest as it could result in
BFT landings exceeding the adjusted December 2021 General category
quota. Affording prior notice and opportunity
[[Page 71395]]
for public comment to implement the quota transfer is impracticable and
contrary to the public interest as such a delay would likely result in
an earlier closure of the fishery while fish are available on the
fishing grounds. For all of the above reasons, there 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: December 13, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-27273 Filed 12-13-21; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 16, 2021.
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