Rule2021-27898
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
December 23, 2021
Effective
January 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 19.5 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the 28.9-mt General category December 2022 subquota to the January through March 2022 subquota period. The adjusted General category January through March 2022 subquota is 49 mt. NMFS reminds General category participants that when the fishery reopens January 1, 2022, the daily retention limit will be one large medium or giant bluefin tuna (i.e., measuring 73 inches (185 cm) curved fork length or greater) per vessel per day/trip. This action is intended to provide further opportunities for General category fishermen to participate in the January through March General category fishery, 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 permitted vessels with a commercial sale endorsement when fishing commercially for BFT.
Full Text
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<title>Federal Register, Volume 86 Issue 244 (Thursday, December 23, 2021)</title>
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[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72857-72859]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27898]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XB640]
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 19.5 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the 28.9-mt General category December 2022
subquota to the January through March 2022 subquota period. The
adjusted General category January through March 2022 subquota is 49 mt.
NMFS reminds General category participants that when the fishery
reopens January 1, 2022, the daily retention limit will be one large
medium or giant bluefin tuna (i.e., measuring 73 inches (185 cm) curved
fork length or greater) per vessel per day/trip. This action is
intended to provide further opportunities for General category
fishermen to participate in the January through March General category
fishery, 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 permitted vessels with a commercial sale
endorsement when fishing commercially for BFT.
DATES: Effective January 1, 2022, through March 31, 2022.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#c3afa2b1b1baedb1a6a7a783adaca2a2eda4acb5"><span class="__cf_email__" data-cfemail="3a565b48484314485f5e5e7a54555b5b145d554c">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#e987808a818685889ac79f8c859a8b868c9ba987868888c78e869f"><span class="__cf_email__" data-cfemail="2b4542484344474a58055d4e475849444e596b45444a4a054c445d">[email protected]</span></a>, 978-281-
9260, or Thomas Warren, <a href="/cdn-cgi/l/email-protection#592d313634382a772e382b2b3c371937363838773e362f"><span class="__cf_email__" data-cfemail="c8bca0a7a5a9bbe6bfa9babaada688a6a7a9a9e6afa7be">[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.
The baseline General category quota is 555.7 mt. The General
category baseline subquota for the January through March time-period is
29.5 mt.
[[Page 72858]]
Transfer of 19.5 mt From the December 2022 Subquota to the January
Through March 2022 Subquota
Under Sec. 635.27(a)(1)(ii), NMFS has the authority to transfer
subquota from one time period to another time period through inseason
action 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.[FEDREG][VOL]*[/
VOL][NO]*[/NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/
AGENCY][SUBJECT]*[/SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]
NMFS also considered the catches of the General category quota to
date (including in December 2021 and during the winter fishery 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)).
Without a quota transfer from the December 2022 subquota period, the
quota available for the January through March period would be 29.5 mt
and participants would have to stop BFT fishing activities once that
amount is met, while commercial-sized BFT remain available in the areas
where General category permitted vessels operate. Transferring 19.5 mt
of the 28.9-mt quota available for the December 2022 subquota period
would result in 49 mt (29.5 mt + 19.5 mt = 49 mt) being available for
the January through March 2022 subquota period. This quota transfer
would provide limited additional opportunities to harvest the U.S. BFT
quota while avoiding exceeding it, while preserving the opportunity for
General category fishermen to participate in the winter BFT fishery at
both the beginning and end of the calendar 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. Landings are highly variable and depend on access
to commercial-sized BFT and fishing conditions, among other factors.
NMFS may adjust each period's subquota based on overharvest or
underharvest in the prior period and may transfer subquota from one
time period to another time period. By allowing for such quota
adjustments and transfers, NMFS anticipates that the General category
quota would be used before the end of the fishing year. For 2021, NMFS
transferred 19.5 mt of quota from the December 2021 subquota period to
the January through March 2021 subquota period, resulting in an
adjusted subquota of 49 mt for the January through March 2021 period
and an adjusted subquota of 9.4 mt for the December 2021 period (85 FR
83832, December 23, 2020). NMFS also made a transfer of 26 mt from the
Reserve to the General category effective February 8, 2021, resulting
in an adjusted subquota of 75 mt for the January through March 2021
period (86 FR 8717, February 9, 2021), and closed the General category
fishery for the January through March subquota period effective
February 27, 2021 (86 FR 12291).
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 2022 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 2022 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and anticipates having sufficient quota to do that.
Thus, this quota transfer would allow fishermen to take advantage of
the availability of fish on the fishing grounds to the extent
consistent with the available amount of transferrable quota and other
management objectives, while avoiding quota exceedance. 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. While not yet implemented,
NMFS anticipates this transfer would also be consistent with ICCAT
Recommendation 21-07. 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.
NMFS also anticipates that some underharvest of the 2021 adjusted
U.S. BFT quota will be carried forward to 2022 and placed in the
Reserve category, in accordance with the regulations. This, in addition
to the fact that NMFS may adjust each period's subquota based on
overharvest or underharvest in the prior period, as well as NMFS' plan
to actively manage the subquotas to avoid any exceedances, makes it
likely that General category quota will remain available through the
end of 2022 for December fishery participants, even with the quota
transfer. NMFS also may choose to transfer unused quota from the
Reserve or other categories, inseason, based on consideration of the
determination criteria, as NMFS did for late 2021. NMFS anticipates
that General category participants in all areas and time periods will
have opportunities to harvest the General category quota in 2022,
through active inseason management actions such as retention limit
adjustments and/or the timing of quota transfers, as practicable.
Given these considerations, NMFS is transferring 19.5 mt of the
available 28.9-mt General category quota allocated for the December
2022 period to the January through March 2022 period, resulting in an
adjusted January through March 2022 subquota of 49 mt, and an adjusted
December 2022 subquota of 9.4 mt. The General category fishery will
remain open until March 31, 2022, or until the adjusted General
category quota is reached, whichever comes first.[FEDREG][VOL]*[/
VOL][NO]*[/NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/
AGENCY][SUBJECT]*[/SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]
[[Page 72859]]
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 the 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.).
Under Sec. 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 Sec. 635.27(a)(8). However, at this time, NMFS
is maintaining the default daily retention limit of one large medium or
giant BFT per vessel per day/trip (Sec. 635.23(a)(2)) for the January
through March 2022 General category fishery. 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 beginning January 1, 2022), whether a vessel fishing
under the General category limit takes a 2-day trip or makes two trips
in 1 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 targeted fishing for BFT,
and applies to those vessels permitted in the General category, as well
as to those HMS Charter/Headboat permitted vessels with a commercial
sale endorsement when fishing commercially for BFT.
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 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 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, an opportunity for public comment,
and a delay in effective date regarding this quota transfer for the
January through March 2022 subquota period is impracticable and
contrary to the public interest. NMFS could not have proposed this
action earlier, as it needed to consider and respond to updated
landings data, including the recently available December 2021 data, in
deciding to transfer a portion of the December 2022 subquota to the
January through March 2022 subquota. If NMFS was to offer a public
comment period or delay in effective date now, after having
appropriately considered that data, it could preclude fishermen from
harvesting BFT that are legally available consistent with all of the
regulatory criteria. This action does not raise conservation and
management concerns. Transferring quota within 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: December 20, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-27898 Filed 12-20-21; 4:15 pm]
BILLING CODE 3510-22-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES]
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</html>Indexed from Federal Register on December 23, 2021.
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