Rule2024-00809
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category January Through March 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
January 18, 2024
Effective
January 12, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 20.5 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the General category December 2024 subquota to the January through March 2024 subquota period. The adjusted General category January through March 2024 subquota is 58.2 mt. This action provides further opportunities for General category fishermen to participate in the January through March 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 Atlantic 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 89 Issue 12 (Thursday, January 18, 2024)</title>
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[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3361-3363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00809]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD628]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category January Through March 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 20.5 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the General category December 2024 subquota to
the January through March 2024 subquota period. The adjusted General
category January through March 2024 subquota is 58.2 mt. This action
provides further opportunities for General category fishermen to
participate in the January through March 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 Atlantic Highly
Migratory Species (HMS) Charter/Headboat permitted vessels with a
commercial sale endorsement when fishing commercially for BFT.
DATES: Effective January 12, 2024, through March 31, 2024.
FOR FURTHER INFORMATION CONTACT: Ann Williamson,
<a href="/cdn-cgi/l/email-protection#1b7a7575356c727777727a766874755b75747a7a357c746d"><span class="__cf_email__" data-cfemail="51303f3f7f26383d3d38303c223e3f113f3e30307f363e27">[email protected]</span></a>, or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#2844495a5a51065a4d4c4c6846474949064f475e"><span class="__cf_email__" data-cfemail="cfa3aebdbdb6e1bdaaabab8fa1a0aeaee1a8a0b9">[email protected]</span></a>, at
301-427-8503.
SUPPLEMENTARY INFORMATION: BFT fisheries are managed under the 2006
Consolidated HMS Fishery Management Plan (FMP) and its amendments,
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS
implementing regulations are 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
[[Page 3362]]
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 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
quota for the General category is 710.7 mt. The General category
baseline quota is suballocated to different time periods. Relevant to
this action, the baseline subquotas for the January through March time-
period and for the December time-period are 37.7 mt and 37.0 mt,
respectively.
Transfer From the December 2024 Subquota to the January Through March
2024 Subquota
Under Sec. 635.27(a)(1)(ii), NMFS has the authority to transfer
subquota from one time period to another time period through inseason
action after considering determination criteria provided under Sec.
635.27(a)(7). This section focuses on the calculations involved in
transferring quota available from the 2024 General category December
time period subquota to the 2024 General category January through March
time period subquota; the consideration of the determination criteria
can be found below after this section.
As stated above, the baseline subquotas for the January through
March time-period and for the December time-period are 37.7 mt and 37.0
mt, respectively. Transferring 20.5 mt from the General category
December time period to the General category January through March time
period, results in an adjusted January through March time period
subquota of 58.2 mt (37.7 mt + 20.5 mt = 58.2 mt), and an adjusted
December time period subquota of 16.5 mt (37 mt - 20.5 mt = 16.5 mt).
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, this transfer results in an adjusted January through
March 2024 time period subquota of 58.2 mt and an adjusted December
2024 subquota of 16.5 mt. The General category fishery will remain open
until March 31, 2024, or until the adjusted General category quota is
reached, whichever comes first.
Consideration of the Relevant Determination Criteria
NMFS has considered all of the relevant determination criteria and
their applicability to this inseason quota transfer. 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 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 General category catches in the December and
January through March time periods over the last several years and the
likelihood of closure of the January through March segment of the
fishery if no adjustment is made (Sec. 635.27(a)(7)(ii) and (ix)).
Without a quota transfer at this time, based on recent catch rates in
comparison to the current available quota (37.7 mt), NMFS would likely
need to close the General category fishery shortly. 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 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
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. NMFS may adjust each time period's
subquota based on overharvest or underharvest in the prior time period
and may transfer subquota from one time period to another time period.
By allowing for the current quota adjustment and transfer, NMFS
anticipates that the General category quota would be used before the
end of the fishing year. This quota transfer would allow fishermen to
take advantage of the availability of BFT that are currently 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 BFT fishery might be exceeded (Sec.
635.27(a)(7)(iv)) and the ability to account for all 2024 landings and
dead discards. In the past few years, total U.S. BFT landings have been
below the available U.S. quota such that the United States has carried
forward the underharvest as allowed by ICCAT from one year to the next.
NMFS will need to account for 2024 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 on accomplishing the objectives of the 2006 Consolidated HMS FMP
(Sec. 635.27(a)(7)(v) and (vi)). This transfer 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 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 category and HMS Charter/Headboat vessel owners are required to
report the
[[Page 3363]]
catch of all BFT retained or discarded dead within 24 hours of the
landing(s) or the 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.
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), 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 the public interest 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 for
prior notice and opportunity to comment is impracticable and contrary
to the public interest as this fishery is currently underway and, based
on current landings information, the available time period subquota is
projected to be reached shortly. Delaying this action could result in
BFT landings exceeding the January through March time period subquota.
Taking this action does not raise conservation and management concerns.
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: January 11, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-00809 Filed 1-12-24; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 18, 2024.
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