Rule2023-24923
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Quota Transfer and Adjustment (General Category December Subquota)
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
November 14, 2023
Effective
December 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the Atlantic bluefin tuna (BFT) General category December 2023 subquota by transferring quota from the Reserve category. This adjustment results in an adjusted December time period subquota of 48.7 mt and an adjusted Reserve category quota of 1 mt. This action accounts for the accrued overharvest from previous 2023 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 218 (Tuesday, November 14, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Rules and Regulations]
[Pages 77903-77905]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24923]
[[Page 77903]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD473]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Quota Transfer and Adjustment (General Category December
Subquota)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer and adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General
category December 2023 subquota by transferring quota from the Reserve
category. This adjustment results in an adjusted December time period
subquota of 48.7 mt and an adjusted Reserve category quota of 1 mt.
This action accounts for the accrued overharvest from previous 2023
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: The quota transfer and adjustment is effective December 1, 2023,
through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Erianna Hammond,
<a href="/cdn-cgi/l/email-protection#ea8f98838b84848bc4828b878785848eaa84858b8bc48d859c"><span class="__cf_email__" data-cfemail="2c495e454d42424d02444d41414342486c42434d4d024b435a">[email protected]</span></a>, 301-427-8503; or Larry Redd, Jr.,
<a href="/cdn-cgi/l/email-protection#4d212c3f3f34633f2829290d23222c2c632a223b"><span class="__cf_email__" data-cfemail="ea868b989893c4988f8e8eaa84858b8bc48d859c">[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 December time period is 37 mt. Effective
January 1, 2023, NMFS transferred 20.5 mt of BFT quota from the
December 2023 time period to the January through March 2023 time period
resulting in an adjusted subquota of 16.5 mt (37 mt-20.5 mt = 16.5 mt)
for the December 2023 time period (88 FR 786, January 5, 2023).
To date, NMFS has published several actions that adjusted the
Reserve category quota (88 FR 48136, July 26, 2023; 88 FR 64385,
September 19, 2023; 88 FR 64831, September 20, 2023; 88 FR 67654,
October 2, 2023). As a result of these previous actions, the current
adjusted Reserve category quota prior to this action is 87.2 mt.
Based on preliminary landings data received to date, NMFS has
determined that the General category landed 795 mt. This amount
exceeded the cumulative adjusted quota available through November 30
(741 mt) by 54 mt (795 mt-741 mt = 54 mt).
Quota Transfer and Adjustment
Under Sec. 635.27(a)(1)(ii) NMFS has the authority to adjust each
period's apportionment based on overharvest or underharvest in the
prior period, after considering determination criteria provided under
Sec. 635.27(a)(7). Additionally, 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). This section focuses on the calculations
involved in transferring quota from the Reserve category to the General
category and adjusting the quota available for the General category
December subquota time period; the consideration of the determination
criteria can be found below after this section.
As stated above, the adjusted Reserve category quota is 87.2 mt.
The quota in the Reserve category is held in reserve for inseason or
annual adjustments and research. Under Sec. 635.24(a)(8), NMFS may
allocate any portion of the Reserve category quota for inseason or
annual adjustments to any fishing category quota.
Transferring 86.2 mt from the Reserve category to the General
category would account for the 54 mt accrued overharvest from the
January through November time periods, results in a total adjusted
December time period subquota of 48.7 mt (16.5 mt + 32.2 mt = 48.7 mt),
and leaves 1 mt in the Reserve category to account for any BFT
mortalities associated with research. The General category quota is
available for use by Atlantic Tunas General category (commercial)
permitted vessels and HMS Charter/Headboat permitted vessels with a
commercial sale endorsement when fishing commercially for BFT.
In summary, these modifications result in a total adjusted General
category December time period subquota of 48.7 mt and a Reserve
category quota of 1 mt. This action accounts for the accrued
overharvest from previous 2023 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 (see below). These quotas will be in effect when
the fishery automatically opens on December 1, 2023.
Consideration of the Relevant Determination Criteria
NMFS has considered all of the relevant determination criteria and
their applicability to this inseason action. These considerations
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
tuna dealers provide NMFS
[[Page 77904]]
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 (including during the summer/fall and winter fisheries in the last
several years) and the likelihood of closure of that segment of the
fishery if no adjustment is made (Sec. 635.27(a)(7)(ii) and (ix)). As
stated above, preliminary landings data to date, indicate that the
General category landed 795 mt. This amount exceeded the cumulative
adjusted quota available through November 30 by 54 mt. While the
General category is currently closed and December time period has not
yet opened or been exceeded, without a quota transfer and adjustment at
this time, based on recent catch rates in comparison to the current
available quota (16.5 mt), NMFS would likely need to close the General
category fishery shortly after the December time period opens. Once the
fishery is closed, 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 and
adjustment 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 quota to harvest the additional amount of BFT quota
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, such as the restrictions that some dealers placed on their
purchases of BFT from General category participants this year. Thus,
this quota transfer and adjustment would allow fishermen to take
advantage of the availability of BFT on the fishing grounds and provide
a reasonable opportunity to harvest available U.S. BFT quota.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the BFT 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 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
carryover 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 adjustment on accomplishing the objectives of
the FMP (Sec. 635.27(a)(7)(v) and (vi)). This quota transfer and
adjustment would be 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 and adjustment 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 its amendments, including to achieve optimum
yield on a continuing basis and to allow all permit categories a
reasonable opportunity 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.
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
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 adjustment of the General category is impracticable and contrary to
the public interest as the General category fishery will open on
December 1 for the December time period. Based on General category
catch rates, a delay in this action would likely result in BFT landings
exceeding the adjusted December 2023 General category quota shortly
after the opening on December 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 add the underharvest from the
October through November time period and transfer a portion of the
Reserve category quota to the General category, specifically the
December time period subquota. 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
[[Page 77905]]
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: November 7, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-24923 Filed 11-13-23; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 14, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.