Rule2022-25894
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category December Quota Transfer
Primary source
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Published
November 30, 2022
Effective
December 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring a total of 57.5 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from both the Reserve category and the Harpoon category to the General category for the remainder of the 2022 fishing year. With this transfer, the adjusted General category December subquota, Reserve category quota, and Harpoon category quota will be 50.1 mt, 6 mt, and 76.4 mt respectively. This action accounts for the accrued overharvest from previous 2022 General category time period subquotas, and will further opportunities for General category fishermen to participate in the December General category fishery, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action would affect Atlantic Tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT.
Full Text
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<title>Federal Register, Volume 87 Issue 229 (Wednesday, November 30, 2022)</title>
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[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Rules and Regulations]
[Pages 73504-73506]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25894]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0119; RTID 0648-XC483]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category December Quota Transfer
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 a total of 57.5 metric tons (mt) of
Atlantic bluefin tuna (BFT) quota from both the Reserve category and
the Harpoon category to the General category for the remainder of the
2022 fishing year. With this transfer, the adjusted General category
December subquota, Reserve category quota, and Harpoon category quota
will be 50.1 mt, 6 mt, and 76.4 mt respectively. This action accounts
for the accrued overharvest from previous 2022 General category time
period subquotas, and will further opportunities for General category
fishermen to participate in the December General category fishery,
based on consideration of the regulatory determination criteria
regarding inseason adjustments. This action would affect Atlantic Tunas
General category (commercial) permitted vessels and Highly Migratory
Species (HMS) Charter/Headboat permitted vessels with a commercial sale
endorsement when fishing commercially for BFT.
DATES: Effective December 1, 2022, through December 31, 2022.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#4e2c2b2d2537602d3b3c3a273d0e20212f2f60292138"><span class="__cf_email__" data-cfemail="abc9cec8c0d285c8ded9dfc2d8ebc5c4caca85ccc4dd">[email protected]</span></a>,
301-427-8503, Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#93fff2e1e1eabde1f6f7f7d3fdfcf2f2bdf4fce5"><span class="__cf_email__" data-cfemail="7814190a0a01560a1d1c1c3816171919561f170e">[email protected]</span></a>, 301-427-8503, or
Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#630d0a000b0c0f02104d15060f1006010c0611230d0c02024d040c15"><span class="__cf_email__" data-cfemail="fa9493999295969b89d48c9f96899f98959f88ba94959b9bd49d958c">[email protected]</span></a>, 978-281-9260.
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 Atlantic 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, Reserve, and Harpoon category quotas are
587.9 mt, 29.5 mt, and 48.7 mt respectively. The General category
baseline quota is further suballocated to different time periods.
Relevant to this action, the baseline subquota for the December time
period is 30.6 mt. On December 23, 2021 (86 FR 72857), NMFS transferred
19.5 mt of BFT quota from the December 2022 subquota time period to the
January through March 2022 subquota time period, resulting in an
adjusted subquota of 9.4 mt for the December 2022 time period. This
adjusted subquota was subsequently adjusted to 11.1 mt via a final
rulemaking that adjusted the overall quota (87 FR 33049, June 1, 2022).
To date for 2022, NMFS has published several actions that adjusted
the Reserve and Harpoon category quotas, including the allowable
carryover of underharvest from 2021 to 2022 (87 FR 5737, February 2,
2022; 87 FR 33049, June 1, 2022; 87 FR 43447, July 21, 2022; 87 FR
54910, September 8, 2022; 87 FR 60938, October 7, 2022). The current
adjusted Reserve and Harpoon category quotas are 61.2 mt and 78.7 mt,
respectively. Per Sec. 635.27(a)(5), the Harpoon category fishery
closed for the year on September 5, 2022 (87 FR 54912, September 9,
2022). At that time, 2.3 mt of the Harpoon category quota remained
unharvested.
Quota Transfer Calculations
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories after considering the
determination criteria provided under Sec. 635.27(a)(8). This section
focuses on the various calculations involved in transferring quotas;
the consideration of the determination criteria can be found below
after this section.
To date, preliminary landings data indicate that the General
category landed 836.8 mt through November 30, 2022. This amount exceeds
the cumulative adjusted quota available through November 30 (818.3 mt)
by 18.5 mt (836.8 mt-818.3 mt = 18.5 mt).
As stated above, the adjusted Reserve category quota is 61.2 mt.
The quota in the Reserve category is held in reserve for inseason or
annual adjustments and research. Under Sec. 635.24(a)(7), NMFS may
allocate any portion of the Reserve category quota for inseason or
annual adjustments to any fishing category quota. Transferring 55.2 mt
from the Reserve category would account for the 18.5 mt accrued
overharvest from the prior time periods. This transfer would result in
36.7 mt being available for the General category December subquota time
period (55.2 mt-18.5 mt = 36.7 mt). Transferring 55.2 mt out of the
Reserve category would leave 6 mt in the Reserve category (61.2 mt-55.2
mt = 6 mt), which could be used to account
[[Page 73505]]
for any BFT mortalities associated with research.
Additionally, preliminary landings data indicate that the Harpoon
category landed 76.4 mt of the 78.7 mt adjusted Harpoon category quota
before closing. Because the Harpoon category closes on November 15 of
each year (Sec. 635.24(a)(5)) and closed this year on September 5,
2022 (87 FR 54912, September 9, 2022), the remaining quota of 2.3 mt
(78.7 mt-76.4 mt = 2.3 mt) is available and could be used by the
General category. Transferring 2.3 mt out of the Harpoon category would
result in an adjusted Harpoon category quota of 76.4 mt.
Given the current adjusted quota for the December time period is
11.1 mt, these transfers from the Reserve and Harpoon categories would
result in an adjusted December subquota of 50.1 mt (11.1 mt + 36.7 mt +
2.3 mt = 50.1 mt). The transfers also would result in adjusted quotas
for the Reserve and Harpoon categories of 6 mt and 76.4 mt,
respectively.
Consideration of the Relevant Determination Criteria
As described below, NMFS has considered all of the relevant
determination criteria and their applicability to this inseason quota
transfer. Given these considerations, after transferring a total of
57.5 mt (55.2 mt from the Reserve category quota and 2.3 mt from the
Harpoon category quota), the adjusted General category December 2022
subquota will be 50.1 mt, the adjusted Reserve category quota will be 6
mt, and the adjusted Harpoon category quota will be 76.4 mt. The
General category fishery will remain open until December 31, 2022, or
until the adjusted General category quota is reached, whichever comes
first.
In making these transfers, NMFS considered, among other things, 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 continue to
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 and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(8)(ii) and (ix)). As described
above, preliminary landings data indicate that the General category has
landed 836.8 mt through November 30, which exceeds the cumulative
adjusted quota available through November 30 by 18.5 mt. While the
General category December time period subquota has not yet been
exceeded, without a quota transfer at this time, based on catch rates
in the last 3 years in comparison to the current available quota (11.1
mt), NMFS anticipates it would likely need to close the General
category fishery very early in December. Once the fishery is closed,
participants would have to stop BFT fishing activities even though
commercial-sized BFT remain available in the areas where General
category permitted vessels operate and U.S. BFT quota is available.
Transferring quota from the Reserve and Harpoon categories would
provide limited additional opportunities to harvest the U.S. 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. NMFS anticipates that General category
participants will be able to harvest transferred BFT quota by the end
of the subquota time period and end of the fishing year. 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 the available U.S. BFT quota.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the 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 recently took such an action to carry
over the allowable 127.3 mt of underharvest from 2021 to 2022 (87 FR
33049, June 1, 2022). 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 transfer on accomplishing the objectives of the
2006 Atlantic Consolidated 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 21-07), ATCA, and the objectives of the
2006 Consolidated HMS FMP and amendments. In establishing these quotas
and subquotas and associated management measures, ICCAT and NMFS
considered the best scientific information available, objectives for
stock management and status, and effects on the stock. This quota
transfer is in line with the established management measures and stock
status determinations. Another principal consideration is the objective
of providing opportunities to harvest the available General category
quota without exceeding the annual quota, based on the objectives of
the 2006 Consolidated HMS FMP and amendments, including to achieve
optimum yield on a continuing basis and to optimize the ability of all
permit categories 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.
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 permitted 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>, by 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 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
[[Page 73506]]
Line at 978-281-9260, or access <a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a>, for updates on
quota monitoring and inseason adjustments.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), 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. Specifically, the
regulations implementing the 2006 Consolidated HMS FMP and amendments
provide for inseason retention limit adjustments to respond to the
unpredictable nature of BFT availability on the fishing grounds, the
migratory nature of this species, and the regional variations in the
BFT fishery. Providing prior notice and opportunity for public comment
on the quota transfer for the December 2022 time period is
impracticable. The General category fishery is underway, there was an
exceedance of prior subquota time periods. While the December subquota
has not yet been exceeded, NMFS anticipates that it will need to close
the General category in December even with the transfer. Delaying the
action is contrary to the public interest, not only because it would
likely result in a premature General category closure and associated
costs to the fishery, but also administrative costs due to further
agency action needed to re-open the fishery after quota is transferred.
The delay would preclude the fishery from harvesting BFT that are
available on the fishing grounds and that might otherwise become
unavailable during a delay. This action does not raise conservation and
management concerns. Transferring quota from the Reserve and Harpoon
categories to the General category does not affect the overall U.S. BFT
quota, and available data show 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.
For all the above reasons, the AA also finds that pursuant to 5
U.S.C. 553(d), there is good cause to waive the 30-day delay in
effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: November 22, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2022-25894 Filed 11-28-22; 4:15 pm]
BILLING CODE 3510-22-P
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