Rule2023-21707
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category October Through November Time Period Quota Transfer
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 2, 2023
Effective
September 28, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 25 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category October through November time period resulting in an adjusted October through November time period subquota of 117.4 mt and a Reserve category quota of 87.2 mt. 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 88 Issue 189 (Monday, October 2, 2023)</title>
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[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67654-67656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21707]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0193; RTID 0648-XD386]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category October Through November Time Period 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 25 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category
October through November time period resulting in an adjusted October
through November time period subquota of 117.4 mt and a Reserve
category quota of 87.2 mt. 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: The transfer is effective September 28, 2023, through November
30, 2023.
FOR FURTHER INFORMATION CONTACT: Lisa Crawford, <a href="/cdn-cgi/l/email-protection#3a5653495b1459485b4d5c55485e7a54555b5b145d554c"><span class="__cf_email__" data-cfemail="a4c8cdd7c58ac7d6c5d3c2cbd6c0e4cacbc5c58ac3cbd2">[email protected]</span></a>,
301-427-8503; or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#315d504343481f43545555715f5e50501f565e47"><span class="__cf_email__" data-cfemail="bcd0ddcecec592ced9d8d8fcd2d3dddd92dbd3ca">[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 October to November time period is 92.4 mt.
To date, NMFS has published several actions that resulted in
adjustments to the Reserve category quota, including the allowable
carryover of underharvest from 2022 to 2023, resulting in an adjusted
Reserve category quota of 112.2 mt (88 FR 48136, July 26, 2023; 88 FR
64385,
[[Page 67655]]
September 19, 2023; 88 FR 64831 September 20, 2023). In this action,
NMFS is transferring 25 mt from the Reserve category to the General
category October through November time period. This transfer results in
117.4 mt (92.4 mt + 25 mt = 117.4 mt) being available for the General
category October through November time period. This transfer also
results in 87.2 mt (112.2 mt - 25 mt = 87.2 mt) being available in the
Reserve category through the remainder of the 2023 fishing year.
Transfer of 25 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 will 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)). While the General category is currently closed and the October
through November time-period subquota has not yet opened or been
exceeded, without a quota transfer, NMFS would likely need to close the
General category shortly after the October through November time period
opens and participants would have to stop BFT fishing activities while
commercial-sized BFT remain available in the areas where General
category permitted vessels operate. A quota transfer of 25 mt at this
time provides 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 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. Thus, this quota transfer will 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 most of 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 106.5 mt of underharvest from 2022 to 2023
(88 FR 64831, September 20, 2023). 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 25 mt of the
available 112.2 mt of Reserve category quota to the General category
October through November time period subquota. Therefore, NMFS adjusts
the General category October through November time period subquota to
117.4 mt and the Reserve category quota to 87.2 mt for the remainder of
the 2023 fishing year, or until modified by a later action.
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.).
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 Line at (978) 281-9260, or access <a href="https://hmspermits.noaa.gov">https://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
[[Page 67656]]
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
of the General category is impracticable and contrary to the public
interest as the General category fishery will open on October 1 for the
October through November time period. Based on General category catch
rates, a delay in this action would likely result in BFT landings
exceeding the adjusted October through November 2023 General category
quota shortly after the opening on October 1. 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 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-21707 Filed 9-27-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 2, 2023.
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