Rule2022-02123
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
February 2, 2022
Effective
January 28, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the Atlantic bluefin tuna (BFT) Purse Seine and Reserve category quotas for 2022. NMFS also is transferring 26 metric tons (mt) of BFT quota from the Reserve category to the General category January through March 2022 subquota period. The transfer to the General category is 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 87 Issue 22 (Wednesday, February 2, 2022)</title>
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[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Rules and Regulations]
[Pages 5737-5739]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02123]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XB751]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; Purse Seine category annual quota adjustment;
inseason quota transfer.
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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) Purse Seine
and Reserve category quotas for 2022. NMFS also is transferring 26
metric tons (mt) of BFT quota from the Reserve category to the General
category January through March 2022 subquota period. The transfer to
the General category is 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 28, 2022 through December 31, 2022.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#3c505d4e4e45124e5958587c52535d5d125b534a"><span class="__cf_email__" data-cfemail="d0bcb1a2a2a9fea2b5b4b490bebfb1b1feb7bfa6">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#543a3d373c3b3835277a22313827363b3126143a3b35357a333b22"><span class="__cf_email__" data-cfemail="b2dcdbd1daddded3c19cc4d7dec1d0ddd7c0f2dcddd3d39cd5ddc4">[email protected]</span></a>, 978-281-
9260, or Thomas Warren, <a href="/cdn-cgi/l/email-protection#91e5f9fefcf0e2bfe6f0e3e3f4ffd1fffef0f0bff6fee7"><span class="__cf_email__" data-cfemail="3e4a5651535f4d10495f4c4c5b507e50515f5f10595148">[email protected]</span></a>, 978-281-9347.
[[Page 5738]]
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 2022 baseline Purse Seine, General, and Reserve category quotas
are 219.5 mt, 555.7 mt, and 29.5 mt, respectively. The General category
baseline subquota for the January through March time period is 29.5 mt.
Effective January 1, 2022, NMFS transferred 19.5 mt of BFT quota from
the December 2022 subquota time period to the January through March
2021 subquota time period resulting in an adjusted subquota of 49 mt
for the January through March 2022 subquota time period (86 FR 72857,
December 23, 2021).
Annual Adjustment of the BFT Purse Seine and Reserve Category Quotas
Consistent with Sec. 635.27(a)(4), NMFS determines the amount of
quota available to the Atlantic Tunas Purse Seine category participants
in the current year, based on their BFT catch (landings and dead
discards) in the previous year. As described in Sec.
635.27(a)(4)(v)(A), NMFS makes available to each Purse Seine category
participant either 100 percent, 75 percent, 50 percent, or 25 percent
of the individual baseline quota allocations based on the previous
year's catch, and reallocates the remainder to the Reserve category.
NMFS has calculated the amounts of quota available to the Purse Seine
category participants for 2022 based on their individual catch levels
in 2021. NMFS did not open the Purse Seine fishery in 2021 because
there were no purse seine vessels permitted to fish for BFT and thus no
catch in 2021. As a result, each Purse Seine category participant will
receive 25 percent of the individual baseline quota amount, which is
the required distribution even with no fishing activity under the
current regulations. The individual baseline amount is 43.9 mt (219.5
mt divided by five Purse Seine category participants), 25 percent of
which is 11 mt. Consistent with Sec. 635.27(a)(4)(v)(C), NMFS will
notify Atlantic Tunas Purse Seine category participants of the amount
of quota available for their use this year through the Individual
Bluefin Quota electronic system established under Sec. 635.15 and in
writing.
By summing the individual available allocations, NMFS has
determined that 55 mt are available to the Purse Seine category for
2022. Thus, the amount of Purse Seine category quota to be reallocated
to the Reserve category is 164.5 mt (219.5 mt-55 mt = 164.5 mt). This
reallocation results in an adjusted 2022 Reserve category quota of 194
mt (29.5 mt + 164.5 mt = 194 mt), before any further transfers to other
categories.
Transfer of 26 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 from the Reserve category
to the General category. 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 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)). To date,
preliminary landings data indicate that the General category January
through March fishery has landed 31.4 mt of the adjusted 49-mt
subquota. Without a quota transfer at this time, NMFS would likely need
to close the General category fishery, and participants would have to
stop BFT fishing activities while commercial-sized BFT remain available
in the areas where General category permitted vessels operate.
Transferring 26 mt of quota from the Reserve category would result in
75 mt (49 mt + 26 mt = 75 mt) being available for the January through
March 2022 subquota period and would provide limited additional
opportunities to harvest the BFT quota while avoiding exceeding it.
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. Thus, this quota transfer 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 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.
NMFS also considered the effects of the transfer on the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS 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 these
established management measures.
[[Page 5739]]
Another principal consideration is the objective of providing
opportunities to harvest the available General category 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)). For the General
category, this includes providing opportunities equitably across all
time-periods.
Given these considerations, NMFS is transferring 26 mt from the
adjusted Reserve category quota to the General category January through
March 2022 subquota time period. Therefore, NMFS adjusts the General
category January through March subquota to 75 mt, and adjusts the
Reserve category quota to 168 mt (194 mt-26 mt = 168 mt). The General
category fishery will remain open until March 31, 2022, or until the
adjusted General category quota is reached, whichever comes first.
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 adjustments,
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.).
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 it 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, the transfer from the Reserve
category to the General category 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 BFT landings could
otherwise exceed the adjusted January through March 2022 General
category quota and result in an earlier closure of the fishery while
fish are available on the fishing grounds. Transferring quota from the
Reserve category to the General category does not affect the overall
U.S. BFT quota, and available data shows 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, measures to reallocate quota, and
the inseason adjustment criteria. 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: January 28, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-02123 Filed 1-28-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 2, 2022.
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