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Proposed Rule2022-04542

Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and North Atlantic Albacore Quotas

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Published

March 7, 2022

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS is proposing to modify the baseline annual U.S. quota and subquotas for Atlantic bluefin tuna and the baseline annual U.S. North Atlantic albacore (northern albacore) quota. This action is necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted in 2021, as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Full Text

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<title>Federal Register, Volume 87 Issue 44 (Monday, March 7, 2022)</title>
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[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Proposed Rules]
[Pages 12648-12655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04542]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220224-0058]
RIN 0648-BL16

Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and
North Atlantic Albacore Quotas

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing to modify the baseline annual U.S. quota and
subquotas for Atlantic bluefin tuna and the baseline annual U.S. North
Atlantic albacore (northern albacore) quota. This action is necessary
to implement binding recommendations of the International Commission
for the Conservation of Atlantic Tunas (ICCAT) adopted in 2021, as
required by the Atlantic Tunas Convention Act (ATCA), and to achieve
domestic management objectives under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).

DATES: Written comments must be received by April 6, 2022. NMFS will
hold a public hearing via conference call and webinar for this proposed
rule on March 24, 2022, from 2:30 p.m. to 4 p.m. EDT. For webinar
registration information, see the SUPPLEMENTARY INFORMATION section of
this document.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0024, by electronic submission. Submit all electronic
public comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2022-0024'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Comments sent by any other method, to any other address or
individual, or received after the close of the comment period, may not
be considered by NMFS. All comments received are a part of the public
record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
NMFS will hold a public hearing via conference call and webinar on
this proposed rule. For specific location, date and time, see the
SUPPLEMENTARY INFORMATION section of this document.
Copies of this proposed rule and supporting documents are available
from the Highly Migratory Species (HMS) Management Division website at
<a href="https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species">https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species</a>
or by contacting Carrie Soltanoff at <a href="/cdn-cgi/l/email-protection#0f6c6e7d7d666a217c60637b6e616069694f61606e6e21686079">[email&#160;protected]</a> or 301-
427-8503.

FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff
(<a href="/cdn-cgi/l/email-protection#305351424259551e435f5c44515e5f5656705e5f51511e575f46">[email&#160;protected]</a>) or Larry Redd, Jr. (<a href="/cdn-cgi/l/email-protection#1c707d6e6e65326e7978785c72737d7d327b736a">[email&#160;protected]</a>) at
301-427-8503, or Steve Durkee (<a href="/cdn-cgi/l/email-protection#9be8effeedfeb5ffeee9f0fefedbf5f4fafab5fcf4ed">[email&#160;protected]</a>) at 202-670-6637.

SUPPLEMENTARY INFORMATION: Atlantic tunas fisheries are managed under
the authority of ATCA (16 U.S.C. 971 et seq.) and the Magnuson-Stevens
Act (16 U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic HMS
Fishery Management Plan (2006 Consolidated HMS FMP) and its amendments
are implemented by regulations at 50 CFR part 635. Section 635.27
divides the U.S. bluefin tuna quota recommended by ICCAT and as
implemented by the United States among domestic fishing categories and
provides the annual bluefin tuna quota adjustment process. Section
635.23(e) implements the ICCAT-recommended U.S. northern albacore quota
and provides the annual northern albacore quota adjustment process.
Since 1982, ICCAT has recommended a total allowable catch (TAC) of
western Atlantic bluefin tuna for contracting parties fishing on the
stock, and since 1991, ICCAT has recommended specific quotas within
that TAC for the United States and other contracting parties. ICCAT
adopted a 20-year rebuilding program for western Atlantic bluefin tuna
in 1998. The rebuilding plan period was set as 1999 through 2018. In
2017, ICCAT adopted an interim conservation and management measure for
western Atlantic bluefin tuna as to transition from the rebuilding
program to a long-term management strategy for

[[Page 12649]]

the stock. Under this interim measure, ICCAT adopted a bluefin tuna TAC
and associated U.S. quota, which NMFS implemented in a 2018 final rule
(83 FR 51391; October 11, 2018). In 2009, ICCAT established a northern
albacore rebuilding program, including a TAC and several provisions to
limit catches by contracting parties (for major and minor harvesters).
NMFS implemented the ICCAT-recommended U.S. northern albacore quota in
the same 2018 quota rule (83 FR 51391; October 11, 2018).
Through this action, NMFS proposes to adjust the annual U.S.
baseline bluefin tuna quota and subquotas and the annual U.S. baseline
northern albacore quota to implement the quotas recommended by ICCAT as
required by ATCA and to achieve domestic management objectives under
the Magnuson-Stevens Act.
NMFS has prepared an Environmental Assessment (EA), Regulatory
Impact Review (RIR), and an Initial Regulatory Flexibility Analysis
(IRFA), which analyze the anticipated environmental, social, and
economic impacts of several alternatives for each of the major issues
contained in this proposed rule. A summary of the analyses is provided
below. The full list of alternatives and their analyses are provided in
the draft EA/RIR/IRFA and are not repeated here.
A copy of the draft EA/RIR/IRFA prepared for this proposed rule is
available from NMFS (see ADDRESSES).

Bluefin Tuna Annual Quota and Subquotas

Recent ICCAT Stock Assessment and Recommendation

ICCAT sets bluefin tuna and northern albacore conservation and
management measures, including TACs, following consideration of the
latest stock assessment information and management advice provided by
the Standing Committee on Research and Statistics (SCRS), ICCAT's
scientific body. Starting in 2023, for northern albacore, three-year
constant annual TACs will be set applying the harvest control rule
established in the management procedure in ICCAT Recommendation 21-04.
The SCRS conducted a western bluefin tuna stock assessment in 2021.
This assessment used data through 2020 and updated the modeling
assumptions given scientific concerns expressed by the SCRS regarding
the 2020 assessment update. The 2021 assessment results were more
positive than in 2020 as detailed below.
Due to continued uncertainty regarding stock recruitment potential
and the SCRS' continued inability to resolve the divergent (i.e., low
vs. high) recruitment potential scenarios, the SCRS did not estimate
spawning stock biomass (SSB) or determine stock status based on maximum
sustainable yield (MSY) reference points. Rather than presenting two
SSB series based on these two scenarios, the SCRS presented total
biomass information to assess the stock, which does not depend on which
of these scenarios is selected. The 2021 stock assessment estimated
that the total biomass increased by 9 percent over 2017 through 2020.
In the 2021 assessment, the SCRS also concluded that overfishing was
not occurring. In recent years, the SCRS has focused on giving short-
term management advice based on an F<INF>0.1</INF> reference point
(taken to be a proxy for achieving F<INF>MSY</INF>) assuming that near
term recruitment will be similar to the recent past recruitment. The
F<INF>0.1</INF> strategy compensates for the effect of recruitment
changes on biomass by allowing higher catches when recent recruitment
is higher and reducing catches when recent recruitments are lower.
Fishing consistently at F<INF>0.1</INF> will, over the long-term, cause
the stock to fluctuate around the corresponding long-term biomass
(B<INF>0.1</INF>), whatever the future recruitment potential. The 2021
report indicates that the total allowable catch (TAC) in place for 2018
through 2021 likely did not lead to overfishing relative to
F<INF>0.1</INF>, and that the stock showed clear signs of several
strong subsequent recruitment years. Domestically, following the 2017
stock assessment, NMFS determined that the overfished status for
bluefin tuna is unknown and that the stock is not subject to
overfishing, and this status remains in effect.
Recognizing that the results of the 2021 stock assessment and
projections, including the Kobe matrix, do not capture the full degree
of uncertainty regarding the spawner-recruit relationship, the effects
of stock mixing, and other aspects of the assessment and projections,
the SCRS recommended that managers should use the scientific advice
with caution. Toward that end, the SCRS recommended that a moderate
increase to the TAC was allowable and provided additional advice on
alternative approaches to assist in determining the level of an
appropriate moderate increase in TAC. Considering this advice, ICCAT
adopted a TAC of 2,726 mt at its November 2021 meeting (Rec. 21-07),
which is a 16-percent increase from the prior TAC of 2,350 mt. The
recommendation describes the adopted TAC as a precautionary TAC that
prevents overfishing with a high probability, prioritizes continued
stock growth, including into the long-term, and ensures relative
stability by avoiding a large fluctuation in catches.

Quotas and Domestic Allocations

Under ICCAT Recommendation 21-07, the annual U.S. quota is 1,316.14
mt, plus 25 mt to account for bycatch related to pelagic longline
fisheries in the Northeast Distant gear restricted area (NED),
resulting in a total of 1,341.14 mt. The 1,316.14-mt quota is an
increase of 68.28 mt (5.5 percent) from the 1,247.86-mt level
established via the 2018 quota rule. All TAC, quota, and weight
information provided in this action are whole weight amounts.
This action proposes implementing the ICCAT-recommended quota of
1,341.14 mt, which would remain in effect until changed (for instance
as a result of a new ICCAT bluefin tuna TAC and U.S. quota
recommendation).
The ICCAT-recommended bluefin tuna quota proposed in this action
would be divided among the established regulatory domestic bluefin tuna
subquota categories. To calculate the subquotas under the existing
regulations, 68 mt first is subtracted from the baseline annual U.S.
bluefin tuna quota and allocated to the Longline category quota.
Second, the remaining quota is divided among the categories according
to the following percentages: General--47.1 percent; Angling--19.7
percent; Harpoon--3.9 percent; Purse Seine--18.6 percent; Longline--8.1
percent (plus the 68-mt initial allocation); Trap--0.1 percent; and
Reserve--2.5 percent. The resulting subquotas would be codified at
Sec. 635.27(a) and would remain in effect until changed. Within the
bluefin tuna quota proposed in this action and consistent with the
ICCAT-recommended limit on the harvest of school bluefin tuna
(measuring 27 to less than 47 inches curved fork length), the school
bluefin tuna subquota would be 134.1 mt. The 25-mt NED allocation is in
addition to these subquotas.
The table below shows the proposed quotas and subquotas that result
from applying this process. These quotas would be codified at Sec.
635.27(a) and would remain in effect until changed. The proposed rule
for Amendment 13 to the 2006 Consolidated HMS FMP (86 FR 27686, May 21,
2021) proposed modifications to the category quotas specified in Table
1. NMFS is completing a Final Environmental Impact Statement and final
rule for Amendment 13 and the quotas and subquotas are not affected by
Amendment 13 at this time.

[[Page 12650]]

Table 1--Proposed Annual Atlantic Bluefin Tuna Quotas
[In metric tons]
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Category Annual Subquotas
baseline
quota
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General.................................. 587.9
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January-March \1\.......... 31.2
June-August................ 293.9
September.................. 155.8
October-November........... 76.4
December................... 30.6
Harpoon.................................. 48.7
Longline................................. 169.1
Trap..................................... 1.2
Purse Seine.............................. 232.2
Angling.................................. 245.9
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School..................... 134.1
Reserve................. ........... 24.8
North of 39[deg]18' N lat.. ........... 51.6
South of 39[deg]18' N lat.. ........... 57.7
Large School/Small Medium.. 106.1
North of 39[deg]18' N ........... 50.1
lat. ........... 56.0
South of 39[deg]18' N lat..
Trophy..................... 5.7
North of 39[deg]18' N ........... 1.9
lat. ........... 1.9
South of 39[deg]18' N lat.. ........... 1.9
Gulf of Mexico.............
Reserve.................................. 31.2
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U.S. Baseline Quota...................... \2\ 1,316.14
Total U.S. Quota, including 25 mt for \2\ 1,341.14
NED (Longline).
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\1\ January 1 through the effective date of a closure notice filed by NMFS announcing that the January subquota
is reached or projected to be reached, or through March 31, whichever comes first.
\2\ Totals subject to rounding error.

In addition to the proposed measures, in the EA for this action,
NMFS analyzed a no action alternative that would maintain the current
U.S. annual bluefin tuna quota of 1,247.86 mt and the current
subquotas. The EA for this action describes the impacts of the no
action alternative and the preferred alternative proposed here.

Northern Albacore Annual Quota

Recent ICCAT Stock Assessment and Recommendations

In 2020, the SCRS conducted a stock assessment using a production
model and data through 2018. The stock assessment concluded that the
relative abundance of northern albacore has continued to increase over
the last years and that the probability of the stock being in the green
quadrant of the Kobe plot (not overfished (B>B<INF>MSY</INF>) and not
undergoing overfishing (F<F<INF>MSY</INF>)) is 98.4 percent. Following
consideration of the 2020 stock assessment, ICCAT adopted an interim
harvest control rule for northern albacore. Recommendation 20-04
established a one-year TAC of 37,801 mt for 2021, which represented a
12.5 percent increase with respect to the previous TAC established in
2017. Application of ICCAT's northern albacore allocations to
Contracting Parties resulted in an annual U.S. quota of 711.5 mt, which
was a 12.5-percent increase (79.1 mt) from the 632.4-mt quota. The
recommendation called on ICCAT to review the interim harvest control
rule in 2021 with a view to adopting a long-term management procedure
at that point.
In 2021, ICCAT adopted Recommendation 21-04, which established a
management procedure that resulted in maintaining the 2021 TAC of
37,801 mt (set using the initial harvest control rule) for 2022 and
2023, including the annual U.S. quota of 711.5 mt, which was first
established in Recommendation 20-04. The management procedure
establishes reference points, dictates that stock assessments shall be
conducted every three years, sets a process for establishing a three-
year constant annual TAC (beginning for the 2024-2026 management
period) using values estimated from each stock assessment and through
application of the recommendation's harvest control rule. The
parameters of the harvest control rule include the following: ``the
maximum catch limit recommended is 50,000 mt in order to avoid adverse
effects of potentially inaccurate stock assessments,'' and the maximum
change in the catch limit shall not exceed 25 percent in case of
increase or 20 percent in case of decrease of the previous recommended
catch limit when the current biomass is greater than or equal to the
biomass threshold level. The recommendation called on the SCRS to test
further harvest control rules supporting management objectives over
2022-2023. Additionally, the recommendation called on the Commission to
review the management procedure established to consider if any
revisions are needed taking into account any further analyses of
harvest control rules in 2022 or 2023.

Domestic Quotas

Although an increase in the U.S. northern albacore quota to 711.5
mt was recommended for 2021 in ICCAT Recommendation 20-04, NMFS did not
codify the quota increase at that time, due to the low level of
northern albacore landings compared to the baseline quota, as described
in the rule to adjust the 2021 northern albacore, swordfish,

[[Page 12651]]

and bluefin tuna Reserve category quotas (86 FR 54659, October 4,
2021).
At its 2021 annual meeting, under Recommendation 21-04, ICCAT
adopted a management procedure for northern albacore and maintained the
711.5-mt U.S. northern albacore quota for 2022 and 2023. Accordingly,
this action proposes modifying the baseline annual U.S. northern
albacore quota from the 632.4-mt level established in the 2018 quota
rule to 711.5 mt. The associated EA also analyzes the effects of three-
year quotas of up to 950 mt, where the quota is set through application
of Recommendation 21-04's harvest control rule. This level of 950 mt is
derived from the maximum allowable catch limit recommended in the
northern albacore management procedure. The maximum catch limit of
50,000 mt recommended in the management procedure represents an
approximately 32 percent increase over the current TAC of 37,801 mt.
Assuming the portion of the overall quota allocated to the United
States remains the same in future years under the management procedure,
such an increase would result in a maximum annual baseline U.S. quota
of 950 mt. This analysis anticipates that NMFS would implement U.S.
northern albacore quotas as recommended by ICCAT in accordance with the
management procedure, up to the analyzed maximum baseline quota of 950
mt. The baseline quota would remain at 711.5 mt annually until changed
by ICCAT. NMFS would implement any new baseline quotas through final
rulemaking, assuming no new management measures are adopted or other
relevant changes in circumstances occur. Additionally, consistent with
current practice, NMFS annually would provide notice to the public of
the baseline northern albacore quota with any annual adjustments as
allowable for over- and underharvest in the Federal Register as
appropriate. NMFS would evaluate the need for any additional
environmental analyses or proposed and final rulemaking when a new
quota is adopted by ICCAT and implemented by NMFS.
In addition to the proposed measures, in the EA for this action,
NMFS analyzed a no action alternative that would maintain the current
U.S. annual northern albacore quota of 632.4 mt, as well as an
alternative that would implement the ICCAT-recommended 711.5-mt U.S.
annual northern albacore quota without considering a maximum quota
under the northern albacore management procedure. The EA for this
action describes the impacts of these two alternatives and the
preferred alternative proposed here.

Request for Comments

NMFS is requesting comments on this proposed rule which may be
submitted via <a href="http://www.regulations.gov">www.regulations.gov</a> or at a public conference call/
webinar. NMFS solicits comments on this action by April 6, 2022 (see
DATES and ADDRESSES).
During the comment period, NMFS will hold a public hearing via
conference call and webinar for this proposed action. Requests for sign
language interpretation or other auxiliary aids should be directed to
Carrie Soltanoff at <a href="/cdn-cgi/l/email-protection#3b585a4949525e154854574f5a55545d5d7b55545a5a155c544d">[email&#160;protected]</a> or 301-427-8503, at least
7 days prior to the meeting.
The conference call and webinar will take place on March 24, 2022,
from 2:30 p.m. to 4 p.m. EDT. Information for registering and accessing
the webinar can be found at <a href="https://www.fisheries.noaa.gov/action/changes-atlantic-bluefin-tuna-and-north-atlantic-albacore-quotas-proposed">https://www.fisheries.noaa.gov/action/changes-atlantic-bluefin-tuna-and-north-atlantic-albacore-quotas-proposed</a>.
The public is reminded that NMFS expects participants at public
conference calls and webinars to conduct themselves appropriately. At
the beginning of each conference call and webinar, the moderator will
explain how the conference call and webinar will be conducted and how
and when participants can provide comments. NMFS representative(s) will
structure the conference call and webinars so that all members of the
public will be able to comment, if they so choose, regardless of the
controversial nature of the subject(s). Participants are expected to
respect the ground rules, and those that do not may be asked to leave
the conference call and webinars.

Classification

The NMFS Assistant Administrator has determined that the proposed
rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, other provisions of the Magnuson-Stevens Act, ATCA, and
other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of this section in the preamble and in the SUMMARY
section of the preamble. A summary of the analysis follows. A copy of
this analysis is available from NMFS (see ADDRESSES).
Section 603(b)(1) requires agencies to describe the reasons why the
action is being considered. The purpose of this proposed rulemaking is,
consistent with the objectives of the 2006 Consolidated HMS FMP and its
amendments, the Magnuson-Stevens Act, ATCA, and other applicable law,
to analyze the impacts of the alternatives for implementing the ICCAT-
recommended U.S. bluefin tuna and northern albacore quotas and
allocating the bluefin tuna quota per the codified quota regulations.
Section 603(b)(2) of the RFA requires agencies to state the
objectives of, and legal basis for, the proposed action. The objective
of this proposed rulemaking is to implement ICCAT recommendations
consistent with ATCA and achieve domestic management objectives under
the Magnuson-Stevens Act. The legal basis for the proposed rule is the
Magnuson-Stevens Act and ATCA.
Section 603(b)(3) of the RFA requires agencies to provide an
estimate of the number of small entities to which the rule would apply.
NMFS established a small business size standard of $11 million in
annual gross receipts for all businesses in the commercial fishing
industry (NAICS 11411) for RFA compliance purposes. The Small Business
Administration (SBA) has established size standards for all other major
industry sectors in the United States, including the scenic and
sightseeing transportation (water) sector (NAICS code 487210), which
includes for-hire (charter/party boat) fishing entities. The SBA has
defined a small entity under the scenic and sightseeing transportation
(water) sector as one with average annual receipts (revenue) of less
than $8.0 million.
NMFS considers all HMS permit holders, both commercial and for-
hire, to be small entities because they had average annual receipts of
less than their respective sector's standard of $11 million and $8
million. Regarding those entities that would be directly affected by
the preferred alternatives, the average annual revenue per active
pelagic longline vessel is estimated to be $202,000, based on
approximately 90 active vessels that produced an estimated $18.2
million in revenue in 2020, well below the NMFS small business size
standard for commercial fishing businesses of $11 million. No single
pelagic longline vessel has exceeded $11 million in revenue in recent
years.
Other non-longline HMS commercial fishing vessels typically earn
less

[[Page 12652]]

revenue than pelagic longline vessels and, thus, would also be
considered small entities. Based on 2021 permit information, NMFS
predicts that the preferred alternatives would apply to the following
numbers of non-pelagic longline permit holders that fish commercially
or engage in commercial activities: 2,730 General category, 4,055
Charter/Headboat, 35 Harpoon category, and 34 seafood dealers that
purchase bluefin tuna and northern albacore. There are no Purse Seine
category permits issued currently, however there are five historical
participants in the purse seine fishery that are allocated bluefin tuna
quota that may participate in the Individual Bluefin Quota (IBQ)
leasing program.
NMFS has determined that the preferred alternatives would not
likely directly affect any small organizations or small government
jurisdictions defined under RFA, nor would there be disproportionate
economic impacts between large and small entities.
This action would apply to all participants in the Atlantic tuna
fisheries, i.e., to the over 7,000 permit holders that held an Atlantic
HMS Charter/Headboat or an Atlantic Tunas permit as of October 2021.
This proposed rule is expected to directly affect commercial and for-
hire fishing vessels that possess an Atlantic Tunas permit or Atlantic
HMS Charter/Headboat permit. It is unknown what portion of HMS Charter/
Headboat permit holders actively participate in the bluefin tuna and
northern albacore fisheries or provide fishing services for
recreational anglers. As summarized in the 2021 SAFE Report for
Atlantic HMS, there were 7,104 commercial Atlantic tunas or Atlantic
HMS permits in 2021, as follows: 2,730 in the Atlantic Tunas General
category; 35 in the Atlantic Tunas Harpoon category; 282 in the
Atlantic Tunas Longline category; 2 in the Atlantic Tunas Trap
category; and 4,055 in the HMS Charter/Headboat category. The 90 active
pelagic longline vessels described above are a subset of the 282
Atlantic Tunas Longline permits issued, 136 of which received IBQ
shares. This constitutes the best available information regarding the
universe of permits and permit holders recently analyzed. NMFS has
determined that this action would not likely directly affect any small
government jurisdictions defined under the RFA.
Section 603(b)(4) of the RFA requires agencies to describe any new
reporting, record-keeping, and other compliance requirements. This
proposed rule does not contain any new collection of information,
reporting, or record-keeping requirements.
Under section 603(b)(5) of the RFA, agencies must identify, to the
extent practicable, relevant Federal rules which duplicate, overlap, or
conflict with the proposed action. Fishermen, dealers, and managers in
these fisheries must comply with a number of international agreements,
domestic laws, and other fishery management measures. These include,
but are not limited to, the Magnuson-Stevens Act, ATCA, the High Seas
Fishing Compliance Act, the Marine Mammal Protection Act, the
Endangered Species Act, the National Environmental Policy Act, the
Paperwork Reduction Act, and the Coastal Zone Management Act. This
proposed action has been determined not to duplicate, overlap, or
conflict with any relevant regulations, Federal or otherwise.
Under section 603(c) of the RFA, agencies must describe any
significant alternatives to the proposed rule which accomplish the
stated objectives of applicable statutes and which minimize any
significant economic impact of the proposed rule on small entities.
Specifically, the RFA (5 U.S.C. 603(c)(1)-(4)) lists four general
categories of significant alternatives to assist an agency in the
development of significant alternatives. These categories of
alternatives are: (1) Establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; (3) use of
performance rather than design standards; and, (4) exemptions from
coverage of the rule, or any part thereof, for small entities.
Regarding the first, second, and fourth categories, NMFS cannot
establish differing compliance or reporting requirements for small
entities or exempt small entities from coverage of the rule or parts of
it, because all of the businesses impacted by this rule are considered
small entities, and thus the requirements are already designed for
small entities. Thus, no alternatives are discussed that fall under the
first and fourth categories described above. Amendment 7 implemented
criteria for determining the availability of bluefin tuna quota for
Purse Seine category participants and IBQs for the Longline category.
These criteria under Amendment 7 and the eligibility criteria for IBQs
for the Longline category can be considered individual performance
standards. NMFS has not yet found a practical means of applying
individual performance standards to the other quota categories while
concurrently complying with the Magnuson-Stevens Act. Thus, there are
no alternatives considered under the third category.
This rulemaking proposes to implement the recently adopted ICCAT-
recommended U.S. bluefin tuna and northern albacore quotas and, for
bluefin tuna, to apply the allocations for each quota category per the
codified quota regulations. This action would be consistent with ATCA,
under which the Secretary promulgates regulations as necessary to
implement binding ICCAT recommendations.
As described below, NMFS analyzed several different alternatives in
this proposed rulemaking and provides rationales for identifying the
preferred alternatives to achieve the desired objectives. The IRFA
assumes that each permit holder will have similar catch and gross
revenues to show the relative impact of the proposed action on permit
holders.
For bluefin tuna, NMFS analyzed a no action alternative,
Alternative A1, that would maintain the current U.S. annual bluefin
tuna quota of 1,247.86 mt and the current subquotas. NMFS also analyzed
Alternative A2, the preferred alternative, that would increase the U.S.
annual bluefin tuna quota, as described below.
NMFS has estimated the average impact that establishing the
increased annual U.S. baseline bluefin tuna quota for all domestic
quota categories under the preferred alternative would have on
individual categories and the permit holders within those categories.
As mentioned above, the 2021 bluefin tuna ICCAT recommendation
increased the annual U.S. baseline bluefin tuna quota for 1,316.14 mt
and continues to provide 25 mt annually for incidental catch of bluefin
tuna related to directed longline fisheries in the NED. The annual U.S.
baseline bluefin tuna subquotas would be adjusted consistent with the
process (i.e., the formulas) established in Amendment 7 and as codified
in the quota regulations (as shown in Table 1), and these amounts (in
mt) would be codified. The proposed rule for Amendment 13 (86 FR 27686,
May 21, 2021) proposed modifications to the annual U.S. baseline
bluefin tuna subquotas. NMFS is completing a Final Environmental Impact
Statement and final rule for Amendment 13. Amendment 13 does not affect
the proposals in this action.
To calculate the average ex-vessel bluefin tuna revenues under this
action, NMFS first estimated potential category-wide revenues. The most
recent ex-vessel average price per pound

[[Page 12653]]

information for each commercial quota category is used to estimate
potential ex-vessel gross revenues under the proposed subquotas (i.e.,
2021 prices for the General, Harpoon, Longline/Trap categories, and
2015 prices for the Purse Seine category). The proposed baseline
subquotas could result in estimated gross revenues of $12.3 million
annually, if finalized and fully utilized, broken out by quota
category. Note that in recent years, the Purse Seine category has not
landed any bluefin tuna and 75 percent of the Purse Seine quota has
been transferred to the Reserve category, which typically is then
transferred to the General category (this is a simplification for the
purposes of this analysis, Reserve category quota can be transferred to
any other category after consideration of regulatory criteria). The
remaining 25 percent of Purse Seine category quota is available for
leasing to Atlantic Tunas Longline permit holders under the IBQ
Program. The following quota category amounts assume the 174.2 mt is
transferred to the General category (75 percent of the purse seine
quota) and 58.1 mt is available to the pelagic longline fishery (25
percent of the purse seine quota). Revenues in each category are as
follows: General category: $9.3 million (762.1 mt * $5.55/lb); Harpoon
category: $660,289 (48.7 mt * $6.15/lb); Purse Seine category: $0
million (0 mt * $3.21/lb); Longline category: $2.3 million (227.2 mt *
$4.52/lb); and Trap category: $10,556 (1.2 mt * $3.99/lb).
Using the above methodology, the current baseline subquotas under
Alternative A1 could result in estimated gross revenues of $11.6
million annually, if finalized and fully utilized, broken out by
category. The following quota category amounts assume the 164.5 mt is
transferred to the General category (75 percent of the purse seine
quota) and 55 mt is available to the pelagic longline fishery (25
percent of the purse seine quota). Revenues in each category are as
follows: General category: $8.8 million (720.2 mt * $5.55/lb); Harpoon
category: $623,690 (46 mt * $6.15/lb); Purse Seine category: $0 (0 mt *
$3.21/lb); Longline category: $2.2 million (218.6 mt * $4.52/lb); and
Trap category: $10,556 (1.2 mt * $3.99/lb). Note that these revenues
are likely an underestimation for the General and Harpoon categories,
which typically receive additional quota from the Reserve category
(i.e., from the baseline Reserve subquota, and from the up to 10
percent of the U.S. baseline quota that could be carried forward from
the previous year's underharvest). These revenues are likely an
overestimation for the Longline and Trap categories, which do not
typically land their entire quotas allocated for incidental bluefin
tuna catch. For comparison, in 2021, gross revenues were approximately
$12.0 million, broken out by category as follows: General--$10.5
million, Harpoon--$755,924, Purse Seine--$0, Longline--$753,067, and
Trap--$0.
No affected entities would be expected to experience negative
economic impacts as a result of this action. On the contrary, each of
the bluefin tuna quota categories would increase relative to the
baseline quotas that applied in prior years, and thus economic impacts
would be expected to be positive.
To estimate the potential average ex-vessel revenues for each
permit holder that could result from this action for bluefin tuna, NMFS
divided the potential annual gross revenues for the General, Harpoon,
Purse Seine, and Trap category by the number of permit holders. For the
Longline category, NMFS divided the potential annual gross revenues by
the number of permit holders that are IBQ share recipients. This is an
appropriate approach for bluefin tuna fisheries, in particular, because
available landings data (weight and ex-vessel value of the fish in
price-per-pound) allow NMFS to calculate the gross revenue earned by a
permit holder on a successful trip. The available data (particularly
from non-Longline permit holders) do not, however, allow NMFS to
calculate the effort and cost associated with each successful trip
(e.g., the cost of gas, bait, ice, etc.), so net revenue for each
permit holder cannot be calculated. As a result, NMFS analyzes the
average impact of the proposed alternatives among all permit holders in
each category using gross revenues. The potential annual gross revenues
reflect the analysis above, in which the Purse Seine category quota was
divided among the General and Longline categories.
Success rates for catching and landing bluefin tuna vary widely
across permit holders in each category (due to extent of vessel effort
and availability of commercial-sized bluefin tuna to permit holders
where they fish), but for the sake of estimating potential revenues per
permit holder, category-wide revenues can be divided by the number of
permits in each category. For the Longline fishery, category-wide
revenue is divided by the number of permits that received IBQ shares to
determine potential revenue per the 136 permit holders that are IBQ
share recipients, as indicated below, and actual revenues would depend,
in part, on each permit holder's IBQ in 2022. It is unknown what
portion of HMS Charter/Headboat permit holders actively participate in
the bluefin tuna fishery. HMS Charter/Headboat vessels may fish
commercially under the General category quota and retention limits.
Therefore, NMFS is estimating potential General category ex-vessel
revenue changes using the number of General category permit holders
only.
Estimated potential 2022 bluefin tuna revenues on a per permit
holder basis under Alternative A1, the no action alternative,
considering the number of permit holders and estimated gross revenues
listed above, under the current subquotas, could be $3,228 for the
General category permit holders; $17,819 for the Harpoon category
permit holders; $0 for the Purse Seine category (no active vessels);
$16,010 for the Longline category (using 136 IBQ share recipients); and
$5,279 for the Trap category permit holders. Estimated potential 2022
bluefin tuna revenues on a per permit holder basis under the preferred
alternative, considering the number of permit holders and estimated
gross revenues listed above and the proposed subquotas, could be $3,407
for the General category permit holders; $18,865 for the Harpoon
category permit holders; $0 for the Purse Seine category (no active
vessels); $16,912 for the Longline category (using 136 IBQ share
recipients); and $5,279 for the Trap category permit holders.
As noted above, there are no active purse seine vessels landing
bluefin tuna, but Purse Seine category participants do lease bluefin
tuna quota to Atlantic Tunas Longline permit holders under the IBQ
Program. As described in Draft Amendment 13, the recent lease price for
Purse Seine category quota is $1.25/lb. Under Alternative A1, if the
full 55 mt of Purse Seine quota were leased to the Longline category,
revenue for Purse Seine category participants would be $151,568, or
$30,314 per participant ($151,568/5 participants). Under Alternative
A2, if the full 58.1 mt of Purse Seine quota were leased to the
Longline category, revenue for Purse Seine category participants would
be $160,111, or $32,022 per participant.
Because the directed commercial categories have underharvested
their subquotas in recent years, the potential increases in ex-vessel
revenues under both alternatives likely overestimate the probable
economic impacts to permit holders in those categories relative to
recent conditions. Additionally, there has been substantial interannual
variability in ex-vessel revenues in each category in recent years, due
to recent changes in bluefin tuna availability and other factors.
Overall, because the U.S.

[[Page 12654]]

quota has not been fully harvested in recent years and because the
increase in quota under Alternative A2 is relatively minor, the
expected economic impacts on individual permit holders as a result of
this action is minor.
For northern albacore, NMFS analyzed three alternatives.
Alternative B1, the no action alternative, would maintain the current
U.S. baseline northern albacore quota of 632.4 mt. Alternative B2 would
implement the 2021 northern albacore ICCAT recommendation that
increased the annual U.S. baseline northern albacore quota to 711.5 mt.
Alternative B3 would implement the 2021 ICCAT recommendation for
northern albacore by establishing an annual baseline quota of 711.5 mt
(the same level as in Alternative B2 for 2022) and would analyze and
anticipate implementation of subsequent quotas set consistent with the
management procedure's harvest control rule, with a maximum of 950 mt,
consistent with the process set out in Recommendation 21-04. This quota
would be adjusted annually for overharvest and underharvest consistent
with existing regulations and ICCAT recommendations.
NMFS does not subdivide the U.S. northern albacore quota into
category subquotas. The most recent ex-vessel average price per pound
information is used to estimate potential ex-vessel gross revenues.
Potential annual gross revenues are divided by the total number of
Atlantic tunas or Atlantic HMS permit holders that are authorized to
retain and sell northern albacore, however, note that not all permit
holders will sell northern albacore each year. As described for bluefin
tuna, this analysis excludes HMS Charter/Headboat permit holders and
includes the 136 Atlantic Tunas Longline permit holders that received
IBQ shares. In addition, trap category permit holders cannot retain
northern albacore. The total number of permit holders that would
potentially land northern albacore is 2,901 (2,730 in the Atlantic
Tunas General category; 35 in the Atlantic Tunas Harpoon category; 136
in the Atlantic Tunas Longline category (IBQ share recipients)). If the
entire quota is harvested under Alternative B1, the no action
alternative, estimated annual gross revenues would be $1.75 million
(632.4 mt ww/1.25 * $1.57/lb dw) and average annual revenue across all
permit holders would be $604 ($1.75 million/2,901 permit holders). If
the entire quota is harvested under Alternative B2, estimated annual
gross revenues would be $1.97 million (711.5 mt ww/1.25 * $1.57/lb dw)
and average annual revenue across all permit holders would be $679
($1.97 million/2,901 permit holders). If the entire maximum quota is
harvested under Alternative B3, the preferred alternative, estimated
annual gross revenues would be $2.63 million (950 mt ww/1.25 * $1.57/lb
dw) and average annual revenue across all permit holders would be $907
($2.63 million/2,901 permit holders). In the short-term, Alternative B3
would set the same quota and produce the same estimated revenue as
Alternative B2.
Because the directed commercial fishery has underharvested the
quota in recent years, the potential increases in ex-vessel revenues
under the three analyzed alternatives likely overestimate the probable
economic impacts relative to recent conditions. Additionally, there has
been substantial interannual variability in ex-vessel revenues in
recent years, due to recent changes in northern albacore availability
and other factors. Overall, because the U.S. quota has not been fully
harvested in recent years and because the increase in quota under
Alternative B3 is relatively minor, the expected economic impacts on
individual permit holders as a result of this action is minor.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.

Dated: February 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 635 is
proposed to be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

0
2. In Sec. 635.27, revise paragraphs (a) introductory text, (a)(1)(i),
(a)(2), (a)(3), (a)(4)(i), (a)(5), (a)(7)(i), (a)(7)(ii), and (e)(1) to
read as follows:

Sec. 635.27 Quotas.

(a) Bluefin tuna. Consistent with ICCAT recommendations, and with
paragraph (a)(10)(iv) of this section, NMFS may subtract the most
recent, complete, and available estimate of dead discards from the
annual U.S. bluefin tuna quota, and make the remainder available to be
retained, possessed, or landed by persons and vessels subject to U.S.
jurisdiction. The remaining baseline annual U.S. bluefin tuna quota
will be allocated among the General, Angling, Harpoon, Purse Seine,
Longline, Trap, and Reserve categories, as described in this section.
Bluefin tuna quotas are specified in whole weight. The baseline annual
U.S. bluefin tuna quota is 1,316.14 mt, not including an additional
annual 25-mt allocation provided in paragraph (a)(3) of this section.
The bluefin quota for the quota categories is calculated through the
following process. First, 68 mt is subtracted from the baseline annual
U.S. bluefin tuna quota and allocated to the Longline category quota.
Second, the remaining quota is divided among the categories according
to the following percentages: General--47.1 percent (587.9 mt);
Angling--19.7 percent (245.9 mt), which includes the school bluefin
tuna held in reserve as described under paragraph (a)(7)(ii) of this
section; Harpoon--3.9 percent (48.7 mt); Purse Seine--18.6 percent
(232.2 mt); Longline--8.1 percent (101.1) plus the 68-mt allocation
(i.e., 169.1 mt total not including the 25-mt allocation from paragraph
(a)(3)); Trap--0.1 percent (1.2 mt); and Reserve--2.5 percent (31.2
mt). NMFS may make inseason and annual adjustments to quotas as
specified in paragraphs (a)(9) and (10) of this section, including
quota adjustments as a result of the annual reallocation of Purse Seine
quota described under paragraph (a)(4)(v) of this section.
(1) * * *
(i) Catches from vessels for which General category Atlantic Tunas
permits have been issued and certain catches from vessels for which an
HMS Charter/Headboat permit has been issued are counted against the
General category quota in accordance with Sec. 635.23(c)(3). Pursuant
to paragraph (a) of this section, the amount of large medium and giant
bluefin tuna that may be caught, retained, possessed, landed, or sold
under the General category quota is 587.9 mt, and is apportioned as
follows, unless modified as described under paragraph (a)(1)(ii) of
this section:
(A) January 1 through the effective date of a closure notice filed
by NMFS announcing that the January subquota is reached, or projected
to be reached under Sec. 635.28(a)(1), or through March 31, whichever
comes first--5.3 percent (31.2 mt);
(B) June 1 through August 31--50 percent (293.9 mt);

[[Page 12655]]

(C) September 1 through September 30--26.5 percent (155.8 mt);
(D) October 1 through November 30--13 percent (76.4 mt); and
(E) December 1 through December 31--5.2 percent (30.6 mt).
* * * * *
(2) Angling category quota. In accordance with the framework
procedures of the Consolidated HMS FMP, prior to each fishing year, or
as early as feasible, NMFS will establish the Angling category daily
retention limits. In accordance with paragraph (a) of this section, the
total amount of bluefin tuna that may be caught, retained, possessed,
and landed by anglers aboard vessels for which an HMS Angling permit or
an HMS Charter/Headboat permit has been issued is 245.9 mt. No more
than 2.3 percent (5.7 mt) of the annual Angling category quota may be
large medium or giant bluefin tuna. In addition, no more than 10
percent of the annual U.S. bluefin tuna quota, inclusive of the
allocation specified in paragraph (a)(3) of this section, may be school
bluefin tuna (i.e., 134.1 mt). The Angling category quota includes the
amount of school bluefin tuna held in reserve under paragraph
(a)(7)(ii) of this section. The size class subquotas for bluefin tuna
are further subdivided as follows:
(i) After adjustment for the school bluefin tuna quota held in
reserve (under paragraph (a)(7)(ii) of this section), 52.8 percent
(57.7 mt) of the school bluefin tuna Angling category quota may be
caught, retained, possessed, or landed south of 39[deg]18' N lat. The
remaining school bluefin tuna Angling category quota (51.6 mt) may be
caught, retained, possessed or landed north of 39[deg]18' N lat.
(ii) An amount equal to 52.8 percent (56 mt) of the large school/
small medium bluefin tuna Angling category quota may be caught,
retained, possessed, or landed south of 39[deg]18' N. lat. The
remaining large school/small medium bluefin tuna Angling category quota
(50.1 mt) may be caught, retained, possessed or landed north of
39[deg]18' N lat.
(iii) One third (1.9 mt) of the large medium and giant bluefin tuna
Angling category quota may be caught retained, possessed, or landed, in
each of the three following geographic areas: North of 39[deg]18' N
lat.; south of 39[deg]18' N lat., and outside of the Gulf of Mexico;
and in the Gulf of Mexico. For the purposes of this section, the Gulf
of Mexico region includes all waters of the U.S. EEZ west and north of
the boundary stipulated at 50 CFR 600.105(c).
(3) Longline category quota. Pursuant to paragraph (a) of this
section, the total amount of large medium and giant bluefin tuna that
may be caught, discarded dead, or retained, possessed, or landed by
vessels that possess Atlantic Tunas Longline category permits is 169.1
mt. In addition, 25 mt shall be allocated for incidental catch by
pelagic longline vessels fishing in the Northeast Distant gear
restricted area, and subject to the restrictions under Sec.
635.15(b)(8).
(4) * * *
(i) Baseline Purse Seine quota. Pursuant to paragraph (a) of this
section, the baseline amount of large medium and giant bluefin tuna
that may be caught, retained, possessed, or landed by vessels that
possess Atlantic Tunas Purse Seine category permits is 232.2 mt, unless
adjusted as a result of inseason and/or annual adjustments to quotas as
specified in paragraphs (a)(9) and (10) of this section; or adjusted
(prior to allocation to individual participants) based on the previous
year's catch as described under paragraph (a)(4)(v) of this section.
Annually, NMFS will make a determination when the Purse Seine fishery
will start, based on variations in seasonal distribution, abundance or
migration patterns of bluefin tuna, cumulative and projected landings
in other commercial fishing categories, the potential for gear
conflicts on the fishing grounds, or market impacts due to oversupply.
NMFS will start the bluefin tuna purse seine season between June 1 and
August 15, by filing an action with the Office of the Federal Register,
and notifying the public. The Purse Seine category fishery closes on
December 31 of each year.
* * * * *
(5) Harpoon category quota. The total amount of large medium and
giant bluefin tuna that may be caught, retained, possessed, landed, or
sold by vessels that possess Harpoon category Atlantic Tunas permits is
48.7 mt. The Harpoon category fishery commences on June 1 of each year,
and closes on November 15 of each year.
* * * * *
(7) * * *
(i) The total amount of bluefin tuna that is held in reserve for
inseason or annual adjustments and research using quota or subquotas is
31.2 mt, which may be augmented by allowable underharvest from the
previous year, or annual reallocation of Purse Seine category quota as
described under paragraph (a)(4)(v) of this section. Consistent with
paragraphs (a)(8) through (10) of this section, NMFS may allocate any
portion of the Reserve category quota for inseason or annual
adjustments to any fishing category quota.
(ii) The total amount of school bluefin tuna that is held in
reserve for inseason or annual adjustments and fishery-independent
research is 18.5 percent (24.8 mt) of the total school bluefin tuna
Angling category quota as described under paragraph (a)(2) of this
section. This amount is in addition to the amounts specified in
paragraph (a)(7)(i) of this section. Consistent with paragraph (a)(8)
of this section, NMFS may allocate any portion of the school bluefin
tuna Angling category quota held in reserve for inseason or annual
adjustments to the Angling category.
* * * * *
(e) * * *
(1) Annual quota. Consistent with ICCAT recommendations, the ICCAT
northern albacore management procedure, and domestic management
objectives, the baseline annual quota, before any adjustments, is 711.5
mt. The total quota, after any adjustments made per paragraph (e)(2) of
this section, is the fishing year's total amount of northern albacore
tuna that may be landed by persons and vessels subject to U.S.
jurisdiction.
* * * * *
[FR Doc. 2022-04542 Filed 3-4-22; 8:45 am]
BILLING CODE 3510-22-P

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