Rule2023-20148
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category September Time Period Quota Transfer and Closure
Primary source
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Published
September 19, 2023
Effective
September 17, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 21.7 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category September time period resulting in an adjusted September time period subquota of 210 mt and a Reserve category quota of 5.7 mt. NMFS is also simultaneously closing the General category fishery for large medium and giant (i.e., measuring 73 inches (185 centimeters)) curved fork length or greater) BFT for the September time period. This action also waives the previously scheduled restricted-fishing days (RFDs) for the remainder of the September time period. With the RFDs waived during the closure, fishermen aboard General category permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels may tag and release BFT of all sizes, subject to the requirements of the catch-and- release and tag-and-release programs. On October 1, 2023, the fishery will reopen automatically and previously scheduled RFDs for October will resume.
Full Text
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<title>Federal Register, Volume 88 Issue 180 (Tuesday, September 19, 2023)</title>
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[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64385-64387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20148]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0193; RTID 0648-XD337]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category September Time Period Quota Transfer and
Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer and closure.
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SUMMARY: NMFS is transferring 21.7 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category
September time period resulting in an adjusted September time period
subquota of 210 mt and a Reserve category quota of 5.7 mt. NMFS is also
simultaneously closing the General category fishery for large medium
and giant (i.e., measuring 73 inches (185 centimeters)) curved fork
length or greater) BFT for the September time period. This action also
waives the previously scheduled restricted-fishing days (RFDs) for the
remainder of the September time period. With the RFDs waived during the
closure, fishermen aboard General category permitted vessels and Highly
Migratory Species (HMS) Charter/Headboat permitted vessels may tag and
release BFT of all sizes, subject to the requirements of the catch-and-
release and tag-and-release programs. On October 1, 2023, the fishery
will reopen automatically and previously scheduled RFDs for October
will resume.
DATES: The transfer is effective September 17, 2023, through September
30, 2023. The closure is effective 11:30 p.m., local time, September
17, 2023, through September 30, 2023.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#d3bfb2a1a1aafda1b6b7b793bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="d3bfb2a1a1aafda1b6b7b793bdbcb2b2fdb4bca5">[email protected]</span></a>,
301-427-8503, and Ann Williamson, <a href="/cdn-cgi/l/email-protection#e5848b8bcb928c89898c8488968a8ba58b8a8484cb828a93"><span class="__cf_email__" data-cfemail="d7b6b9b9f9a0bebbbbbeb6baa4b8b997b9b8b6b6f9b0b8a1">[email protected]</span></a>, 301-427-
8503.
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.
As described in Sec. 635.27(a), the current baseline U.S. BFT
quota is 1,316.14 metric tons (mt) (not including the 25 mt ICCAT
allocated to the United States to account for bycatch of BFT in pelagic
longline fisheries in the Northeast Distant Gear Restricted Area). The
baseline quotas for the General and Reserve categories are 710.7 mt and
38.2 mt, respectively. The General category baseline quota is
suballocated to different time periods. Relevant to this action, the
baseline subquota for the
[[Page 64386]]
September time period is 188.3 mt. To date, NMFS has published one
action that resulted in adjustments to the Reserve category quota,
resulting in an adjusted Reserve category quota of 27.4 mt (88 FR
48136, July 26, 2023). In this action, NMFS is transferring 21.7 mt
from the Reserve category to the General category September time
period. This transfer results in 210 mt (188.3 mt + 21.7 mt = 210 mt)
being available for the General category September time period. This
transfer also results in 5.7 mt (27.4 mt-21.7 mt = 5.7 mt) being
available in the Reserve category through the remainder of the 2023
fishing year, or until modified in a later action.
Transfer of 21.7 mt From the Reserve Category to the General 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 General 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 General
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 General category quota to date
and the likelihood of overharvests and an earlier closure of the
General category if no adjustment is made (Sec. 635.27(a)(7)(ii) and
(ix)). To date, preliminary landings data indic ate that the General
category has landed approximately 132.5 mt for the September time
period. Without a quota transfer at this time, the General category
would have exceeded the available quota and NMFS would have needed to
close the General category fishery earlier. If this had happened,
participants would have had to stop BFT fishing activities while
commercial-sized BFT remain available in the areas where General
category permitted vessels operate. A quota transfer of 21.7 mt at this
time provides limited additional opportunities to harvest the U.S. BFT
quota while avoiding a large exceedance.
Regarding the projected ability of the vessels fishing under the
General 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 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. Current reports indicate the General
category has already harvested almost all of the transferred 21.7 mt.
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. 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 stock status
determinations. Another principal consideration is the objective of
providing opportunities to harvest the available General 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)). Specific to the General
category, this includes providing opportunities equitably across all
time periods.
Given these considerations, NMFS is transferring 21.7 mt of the
available 27.4 mt of Reserve category quota to the General category
September time period subquota. Therefore, NMFS adjusts the General
category September time period subquota to 210 mt and the Reserve
category quota to 5.7 mt for the remainder of the 2023 fishing year, or
until modified by a later action.
Closure of the September 2023 General Category Fishery
Under Sec. 635.28(a)(1), NMFS files a closure action with the
Office of the Federal Register for publication when a BFT quota (or
subquota) is reached or is projected to be reached. Retaining,
possessing, or landing BFT under that quota category is prohibited on
or after the effective date and time of a closure notice for that
category until the opening of the relevant subsequent quota period or
until such date as specified.
To date, reported landings for the General category September time
period total approximately 132.5 mt. Based on these landings data, NMFS
has determined that the adjusted General category September time period
subquota of 210 mt is projected to be reached and exceeded shortly.
Therefore, retaining, possessing, or landing large medium or giant
(i.e., measuring 73 inches (185 cm) curved fork length or greater) BFT
by persons aboard vessels permitted in the Atlantic Tunas General
category and HMS Charter/Headboat permitted vessels (while fishing
commercially) must cease at 11:30 p.m. local time on September 17,
2023. This action applies to Atlantic Tunas General category
(commercial) permitted vessels and HMS Charter/Headboat permitted
vessels with a commercial sale endorsement when fishing commercially
for BFT and is taken consistent with the regulations at Sec.
635.28(a)(1). The General category will automatically reopen October 1,
2023, for the October through November 2023 time period, with a default
daily retention limit of one BFT per vessel.
Adjustment of Daily Retention Limit for Selected Dates
On May 25, 2023 (88 FR 33839), NMFS published a final rule
implementing RFDs every Tuesday, Friday, and Saturday from July 1
through November 30, 2023. Since the fishery will be closed for the
remainder of the September time period, NMFS waives the previously
scheduled RFDs
[[Page 64387]]
for the remainder of that time period. Previously scheduled RFDs will
resume on October 1, 2023.
With the RFDs waived during the closure, consistent with Sec.
635.23(a)(4), fishermen aboard General category permitted vessels and
HMS Charter/Headboat permitted vessels may tag and release BFT of all
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs at Sec. 635.26. All BFT that are released must be
handled in a manner that will maximize their survival, and without
removing the fish from the water, consistent with requirements at Sec.
635.21(a)(1). For additional information on safe handling, see the
``Careful Catch and Release'' brochure available at <a href="https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/">https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/</a>.
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 and HMS Charter/Headboat 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.).
After the fishery reopens on October 1, depending on the level of
fishing effort and catch rates of BFT, NMFS may determine that
additional adjustments are necessary to ensure available subquotas are
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
and closure of the General category is impracticable and contrary to
the public interest as the General category fishery is currently
underway for the September time period. Based on General category catch
rates, a delay in this action would likely result in BFT landings
exceeding the adjusted September 2023 General category quota. Subquota
exceedance may result in the need to reduce quota for the General
category later in the year and thus could affect later fishing
opportunities. 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 General
category quota. This action does not raise conservation and management
concerns. Transferring quota from the Reserve category 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 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: September 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-20148 Filed 9-14-23; 4:15 pm]
BILLING CODE 3510-22-P
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