Rule2023-15818
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Harpoon Category Quota Transfer
Primary source
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Published
July 26, 2023
Effective
July 21, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 10.8 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Harpoon category. With this transfer, the adjusted Harpoon category quota for the 2023 fishing season is 70 mt. The 2023 Harpoon category fishery is open until November 15, 2023, or until the Harpoon category quota is reached, whichever comes first. This action is intended to provide further opportunities for Harpoon category fishermen, based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic Tunas Harpoon category (commercial) permitted vessels.
Full Text
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<title>Federal Register, Volume 88 Issue 142 (Wednesday, July 26, 2023)</title>
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[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48136-48137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15818]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0119; RTID 0648-XD185]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Harpoon Category 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 10.8 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the Harpoon category.
With this transfer, the adjusted Harpoon category quota for the 2023
fishing season is 70 mt. The 2023 Harpoon category fishery is open
until November 15, 2023, or until the Harpoon category quota is
reached, whichever comes first. This action is intended to provide
further opportunities for Harpoon category fishermen, based on
consideration of the regulatory determination criteria regarding
inseason adjustments and applies to Atlantic Tunas Harpoon category
(commercial) permitted vessels.
DATES: Effective July 21, 2023, through November 15, 2023.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#86e4e3e5edffa8e5f3f4f2eff5c6e8e9e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="4b292e28203265283e393f22380b25242a2a652c243d">[email protected]</span></a>,
301-427-8503, Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#d1bdb0a3a3a8ffa3b4b5b591bfbeb0b0ffb6bea7"><span class="__cf_email__" data-cfemail="7a161b08080354081f1e1e3a14151b1b541d150c">[email protected]</span></a>, 301-427-8503, and
Ann Williamson, <a href="/cdn-cgi/l/email-protection#40212e2e6e37292c2c29212d332f2e002e2f21216e272f36"><span class="__cf_email__" data-cfemail="6f0e01014118060303060e021c00012f01000e0e41080019">[email protected]</span></a>, 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic highly migratory species (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 quotas for the Harpoon and Reserve categories are 59.2
mt and 38.2 mt, respectively. The 2023 Harpoon category fishery opened
June 1, and is open through November 15, 2023, or until the Harpoon
category quota is reached, whichever comes first. In this action, NMFS
is transferring 10.8 mt from the Reserve category to the Harpoon
category. This transfer results in 70.0 mt (59.2 mt + 10.8 mt = 70.0
mt) being available for the Harpoon category through November 15, 2023,
or until the Harpoon category quota is reached, whichever comes first.
This transfer also results in 27.4 mt (38.2 mt-10.8 mt = 27.4 mt) being
available in the Reserve category through the remainder of the 2023
fishing year.
Transfer of 10.8 mt From the Reserve Category to the Harpoon Category
Under Sec. 635.27(a)(8), NMFS has the authority to transfer quota
among fishing categories or subcategories after considering the
determination criteria provided under Sec. 635.27(a)(7). NMFS has
considered all of the relevant determination criteria and their
applicability to this inseason quota transfer. These criteria 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)(7)(i)), biological samples
collected from BFT landed by Harpoon category fishermen and provided by
BFT dealers 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 Harpoon
category would support the continued collection of a broad range of
data for these studies and for stock monitoring purposes.
NMFS considered the catches of the Harpoon category quota to date
and the likelihood of closure of the Harpoon category if no adjustment
is made (Sec. 635.27(a)(7)(ii) and (ix)). To date, preliminary
landings data indicate that the Harpoon category has landed
approximately 55 mt. Without a quota transfer at this time, NMFS would
likely need to close the Harpoon category fishery and participants
would have to stop BFT fishing activities while commercial-sized BFT
remain available in the areas where Harpoon category permitted vessels
operate. A quota transfer of 10.8 mt 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
Harpoon category to harvest the additional amount of BFT quota
transferred before the end of the fishing year (Sec.
635.27(a)(7)(iii)), NMFS considered Harpoon 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 the Harpoon
category could harvest the transferred 10.8 mt prior to the end of the
Harpoon category season, subject to weather conditions and BFT
availability. NMFS may transfer unused Harpoon category quota to other
quota categories, inseason, based on consideration of the determination
criteria, as NMFS did in late 2022. 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)(7)(iv)) and the ability to account for all 2023 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. While NMFS does not yet have final estimates
of 2022 landings and dead discards, NMFS anticipates having sufficient
quota to account for landings and dead discards within the adjusted
U.S. quota, consistent with ICCAT recommendations.
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)(7)(v) and (vi)). This transfer would be consistent
with established quotas and subquotas, which are implemented consistent
with ICCAT Recommendation 22-10, 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
[[Page 48137]]
stock status determinations. Another principal consideration is the
objective of providing opportunities to harvest the available Harpoon
category quota without exceeding the annual quota. This consideration
is based on the objectives of the 2006 Consolidated HMS FMP and its
amendments, and includes achieving optimum yield on a continuing basis
and optimizing the ability of all permit categories to harvest
available BFT quota allocations (related to Sec. 635.27(a)(7)(x)).
Given these considerations, NMFS is transferring 10.8 mt of the
available 38.2 mt of Reserve category quota to the Harpoon category.
Therefore, NMFS adjusts the Harpoon category quota to 70 mt for the
2023 Harpoon category fishing season (i.e., through November 15, 2023,
or until the Harpoon category quota is reached, whichever comes first),
and adjusts the Reserve category quota to 27.4 mt for the remainder of
the 2023 fishing year.
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,
Harpoon category vessel owners are required to report their own catch
of all BFT retained or discarded dead within 24 hours of the landing(s)
or end of each trip, by accessing <a href="https://www.hmspermits.noaa.gov">https://www.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.).
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 access <a href="https://www.hmspermits.noaa.gov">https://www.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. 533(b)(B), there is good cause to waive prior notice and
opportunity to provide comment on this action, as notice and comment
would be impracticable and contrary to 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 this quota transfer
to the Harpoon category for the remainder of 2023 is impracticable and
contrary to the public interest as the Harpoon category fishery is
currently underway. Based on Harpoon category catch rates, a delay in
this action would likely result in closure of the Harpoon fishery when
the baseline quota is met and the need to re-open the fishery, with
attendant administrative costs and costs to the fishery. NMFS could not
have proposed this action earlier, as it needed to consider and respond
to updated landings data, in deciding to transfer a portion of the
Reserve category quota to the Harpoon category quota. A delay in
implementing this quota transfer 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 category to the Harpoon 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 of the above reasons, the AA finds that pursuant to 5
U.S.C. 553(d), there is good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: July 21, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-15818 Filed 7-21-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 26, 2023.
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