Rule2024-15745
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Harpoon Category Quota Transfer
Primary source
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Published
July 17, 2024
Effective
July 15, 2024
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 2024 fishing season is 70 mt. The 2024 Harpoon category fishery is open until November 15, 2024, or until the Harpoon category quota is reached, whichever comes first. This action is intended to provide further harvest 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 89 Issue 137 (Wednesday, July 17, 2024)</title>
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[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Rules and Regulations]
[Pages 58074-58076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15745]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193]
RTID 0648-XE051
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 2024
fishing season is 70 mt. The 2024 Harpoon category fishery is open
until November 15, 2024, or until the Harpoon category quota is
reached, whichever comes first. This action is intended to provide
further harvest 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 15, 2024, through November 15, 2024.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#93f1f6f0f8eabdf0e6e1e7fae0d3fdfcf2f2bdf4fce5"><span class="__cf_email__" data-cfemail="3e5c5b5d5547105d4b4c4a574d7e50515f5f10595148">[email protected]</span></a>,
301-427-8503, Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#abc7cad9d9d285d9cecfcfebc5c4caca85ccc4dd"><span class="__cf_email__" data-cfemail="e985889b9b90c79b8c8d8da987868888c78e869f">[email protected]</span></a>, 301-427-8503, and
Ann Williamson, <a href="/cdn-cgi/l/email-protection#d3b2bdbdfda4babfbfbab2bea0bcbd93bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="09686767277e6065656068647a66674967666868276e667f">[email protected]</span></a>, 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic 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(a)
divides the U.S. BFT quota, established 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 at 16
U.S.C. 1854(g)(1)(D) 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.
Transfer From the Reserve Category to the Harpoon Category
As described in Sec. 635.27(a), the baseline quotas for the
Harpoon and Reserve categories are 59.2 mt and 38.2 mt, respectively.
The 2024 Harpoon category fishery opened June 1, and is open through
November 15, 2024, or until the Harpoon category quota is reached,
whichever comes first. Effective June 1, 2024, NMFS adjusted the daily
retention limit for the Harpoon category from the default of no more
than 10 large medium and giant BFT to no more than 5 large medium or
giant BFT (89 FR 45779). In this action, NMFS is transferring 10.8 mt
from the Reserve category to the Harpoon category. This transfer
results in 70 mt (59.2 mt + 10.8 mt = 70 mt) being available for the
Harpoon category through November 15, 2024, 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 2024 fishing year.
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
[[Page 58075]]
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)), as well as daily landing trends and
the availability of BFT on fishing grounds (Sec. 635.27(a)(7)(ix)). To
date, preliminary landings data indicate that the Harpoon category has
landed approximately 42.4 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 despite
commercial-sized BFT remaining 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. Nevertheless, 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 (87 FR 73504, November
30, 2022). Thus, this quota transfer would allow Harpoon category
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 2024 landings and
dead discards (Sec. 635.27(a)(7)(xi)). 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 BFT
rebuilding and overfishing, 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 recommendations
(established in 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 such as rebuilding and avoiding
overfishing, and effects on the stock. This quota transfer is in line
with the established management measures and stock status
determinations. It is also important that NMFS limit landings to the
quota both to adhere to the FMP quota allocations and to ensure that
landings are as consistent as possible with the pattern of fishing
mortality (e.g., fish caught at each age) that was assumed in the
latest stock assessment, and this quota transfer is consistent with
those objectives. 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,
including achieving optimum yield on a continuing basis and allowing
all permit categories a reasonable opportunity to harvest available BFT
quota allocations (related to Sec. 635.27(a)(7)(x)).
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. Per Sec.
635.5(b)(2)(i)(A), 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 per
Sec. 635.5(a)(4) 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://hmspermits.noaa.gov">https://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 (16 U.S.C. 1885(d)) and regulations at 50 CFR part 635 and
this action 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 adjustments
and quota transfers 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 2024 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, with attendant administrative costs and
costs to the fishery. NMFS could not have proposed this action earlier,
as it needed to consider updated landings data in deciding whether 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 currently available
on the fishing grounds and that might otherwise become unavailable
during a delay. This action does not raise conservation and management
concerns and would support effective management of the BFT fishery.
Transferring quota from the Reserve category to the Harpoon category
does not affect the overall ICCAT-allocated U.S. BFT quota, and
available data show
[[Page 58076]]
the adjustment would have a minimal risk of exceeding the overall
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 12, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-15745 Filed 7-15-24; 4:15 pm]
BILLING CODE 3510-22-P
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