Rule2024-21507
Atlantic Highly Migratory Species; Adjustments to the 2024 North Atlantic Albacore Tuna, North and South Atlantic Swordfish, and Atlantic Bluefin Tuna Reserve Category Quotas
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Published
September 20, 2024
Effective
September 20, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS modifies the baseline annual U.S. North Atlantic albacore tuna (northern albacore) quota, effective until changed, in accordance with the baseline quota adjustment process. NMFS also adjusts the 2024 baseline quotas for U.S. North Atlantic albacore tuna (northern albacore), North and South Atlantic swordfish, and the Atlantic bluefin tuna Reserve category based on the 2023 underharvest and applicable international quota transfer. These temporary adjustments are effective through December 31, 2024. Full annual baseline allocations will be available to U.S. harvesters starting January 1, 2025. These actions are necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Full Text
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<title>Federal Register, Volume 89 Issue 183 (Friday, September 20, 2024)</title>
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[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Rules and Regulations]
[Pages 77029-77033]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21507]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 240916-0238]
RIN 0648-BN13
Atlantic Highly Migratory Species; Adjustments to the 2024 North
Atlantic Albacore Tuna, North and South Atlantic Swordfish, and
Atlantic Bluefin Tuna Reserve Category Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; temporary quota adjustment.
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SUMMARY: NMFS modifies the baseline annual U.S. North Atlantic albacore
tuna (northern albacore) quota, effective until changed, in accordance
with the baseline quota adjustment process. NMFS also adjusts the 2024
baseline quotas for U.S. North Atlantic albacore tuna (northern
albacore), North and South Atlantic swordfish, and the Atlantic bluefin
tuna Reserve category based on the 2023 underharvest and applicable
international quota transfer. These temporary adjustments are effective
through December 31, 2024. Full annual baseline allocations will be
available to U.S. harvesters starting January 1, 2025. These actions
are necessary to implement recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT) as required
by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic
management objectives under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
DATES: The final rule is effective September 20, 2024. The temporary
quota adjustments are effective September 20, 2024, through December
31, 2024.
ADDRESSES: Supporting documents, including environmental assessments
and environmental impact statements, as well as the 2006 Consolidated
Atlantic HMS Fishery Management Plan (FMP) and its amendments, may be
downloaded from the Highly Migratory Species (HMS) website at <a href="https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species">https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species</a>. These
documents also are available upon request from Anna Quintrell or Steve
Durkee at the email addresses and telephone numbers below.
[[Page 77030]]
FOR FURTHER INFORMATION CONTACT: Anna Quintrell (301-427-8503,
<a href="/cdn-cgi/l/email-protection#46272828276837332f283234232a2a062829272768212930"><span class="__cf_email__" data-cfemail="51303f3f307f2024383f2523343d3d113f3e30307f363e27">[email protected]</span></a>) or Steve Durkee (301-427-8503,
<a href="/cdn-cgi/l/email-protection#91e2e5f4e7f4bff5e4e3faf4f4d1fffef0f0bff6fee7"><span class="__cf_email__" data-cfemail="5e2d2a3b283b703a2b2c353b3b1e30313f3f70393128">[email protected]</span></a>).
SUPPLEMENTARY INFORMATION: Atlantic HMS northern albacore, swordfish,
and bluefin tuna fisheries, are managed under the authority of ATCA (16
U.S.C. 971 et seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.). The HMS FMP and its amendments are implemented by regulations at
50 CFR part 635. Section 635.27(a) implements the ICCAT-recommended
quota and describes the annual quota adjustment process for bluefin
tuna. Section 635.27(c) implements the ICCAT-recommended quotas and
describes the quota adjustment process for both North and South
Atlantic swordfish. Section 635.27(e) implements the northern albacore
annual quota recommended by ICCAT and describes the annual northern
albacore quota adjustment process. 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 International Convention for the Conservation of
Atlantic Tunas, which is implemented domestically pursuant to ATCA.
Note that, consistent with how the quotas are established, weight
information for northern albacore and bluefin tuna below is shown in
metric tons (mt) whole weight (ww), and weight information for
swordfish is shown in both dressed weight (dw) and ww.
Northern Albacore Annual Quota and Adjustment Process
As described below, in accordance with the recent ICCAT
Recommendation 23-05, this final rule sets the U.S. allocation and
annual baseline quota for northern albacore at 889.4 mt NOAA conducted
the analysis supporting this rule and described the findings in the
Environmental Assessment (EA). This final rule further adjusts that
baseline quota to 1,067.3 mt for 2024 based on an underharvest of the
2023 adjusted quota.
At its 2021 annual meeting, under Recommendation 21-04, ICCAT
adopted a management procedure for northern albacore. The management
procedure was domestically implemented via a 2022 final rule (87 FR
33049, June 1, 2022). At that time, NMFS considered different quota
alternatives in an environmental assessment (EA). NOAA analyzed the
effects of the maximum possible quota pursuant to the northern albacore
management procedure in the EA, and the preferred alternative was
selected based on that analysis. In other words, NOAA analyzed and
preferred an alternative in the EA where the maximum annual baseline
quota could be up to 950 mt if adopted by ICCAT through application of
the management procedure within Recommendation 21-04. Additionally, the
2022 final rule that NMFS would implement any new annual baseline
quotas through final rulemaking, assuming no new management measures
are adopted or other relevant changes in circumstances occur; that NMFS
annually would provide notice to the public in the Federal Register of
the baseline northern albacore quota with any annual adjustments as
allowable for over- and underharvest, as appropriate; and that NMFS
would evaluate the need for any additional environmental analyses or
for proposed and final rulemaking when a new quota is adopted by ICCAT
and then implemented by NMFS. Because the U.S northern albacore
allocation under Recommendation 23-05 is within the range analyzed in
the 2022 EA, and because there are no new management measures other
than the change in the baseline quota, this action is consistent with
the 2022 final rule. Therefore, NMFS is proceeding directly to a final
rule to implement this change in annual baseline quota.
Consistent with the northern albacore quota regulations at Sec.
635.27(e), in this final rule and temporary quota adjustment, NMFS
adjusts the U.S. annual northern albacore quota for allowable
underharvest in the previous year. NMFS makes such adjustments
consistent with ICCAT carryover limits, and when complete catch
information for the prior year is available and finalized. The maximum
underharvest that an ICCAT Contracting Party may carry forward from one
year to the next is 25 percent of its baseline quota, which, for the
2023 baseline quota (711.5 mt), was 177.9 mt for the United States. For
2023, the adjusted quota was 889.4 mt (711.5 mt plus 177.9 mt of 2022
underharvest). In 2023, U.S. landings of northern albacore were 180.5
mt, which is an underharvest of 708.9 mt of the 2023 adjusted quota.
This underharvest exceeds the 177.9-mt underharvest carryover limit
allowed under Recommendation 21-04, which applied for 2023; therefore,
only 177.9 mt may be carried forward to the 2024 fishing year. Thus,
the adjusted 2024 northern albacore quota will be 1,067.3 mt (889.4 mt
plus 177.9 mt underharvest) (table 1).
Table 1--2024 Northern Albacore Quota
------------------------------------------------------------------------
Northern albacore quota (mt ww) 2023 2024
------------------------------------------------------------------------
Baseline Quota.......................... 711.5 889.4
Underharvest from Previous Year......... 578.8 708.9
Underharvest Carryover from Previous (+)177.9 (+)177.9
Year [dagger]..........................
Adjusted Quota (Baseline + Underharvest) 889.4 1,067.3
------------------------------------------------------------------------
[dagger] Allowable underharvest carryover is capped at 25 percent of the
2023 baseline quota allocation (177.9 mt ww).
North and South Atlantic Swordfish Annual Quota and Adjustment Process
North Atlantic Swordfish
Consistent with the North Atlantic swordfish quota regulations at
Sec. 635.27(c), in this final rule, NMFS adjusts the U.S. annual North
Atlantic swordfish quota for allowable underharvest in the previous
year. NMFS makes such adjustments consistent with ICCAT carryover
limits and when complete catch information for the prior year is
available and finalized. Consistent with ICCAT Recommendation 17-02 as
amended by Recommendation 23-04, the U.S. North Atlantic swordfish
baseline annual quota through 2024 is 2,937.6 mt dw (3,907 mt ww).
Relevant to the North Atlantic swordfish quota adjustment in this
action, and as codified at Sec. 635.27(c)(3), the maximum underharvest
that the United States may carry forward from one year to the next is
15 percent of the baseline quota, which equates to 440.6
[[Page 77031]]
mt dw (586 mt ww). For 2023, the adjusted North Atlantic swordfish
quota was 3,378.2 mt dw (2,937.6 mt dw baseline quota plus 440.6 mt dw
of 2022 underharvest). In 2023, U.S. landings of North Atlantic
swordfish, which includes landings and dead discards, was 1,008.3 mt
dw, which is an underharvest of 2,369.9 mt dw of the 2023 adjusted
quota. This underharvest exceeds the 440.6-mt dw underharvest carryover
limit allowed under Recommendation 23-04; therefore, only 440.6 mt dw
may be carried forward to the 2024 fishing year.
Additionally, in accordance with ICCAT Recommendation 23-04, the
United States will transfer 150.4 mt dw (200 mt ww) of its North
Atlantic swordfish quota to Morocco, which serves to facilitate
cooperative management efforts between ICCAT contracting parties.
Morocco agreed to adhere to ICCAT management measures, reporting
requirements, and monitoring of the transferred quota.
Thus, the adjusted 2024 North Atlantic swordfish quota will be
3,227.8 mt dw (2,937.6 mt dw baseline quota, plus 440.6 mt dw
carryover, minus 150.4 mt dw transfer to Morocco). In accordance with
regulations at Sec. 635.27(c)(1)(i), 50 mt dw of the adjusted quota
will be allocated to the Reserve category for inseason adjustments and
research, 300 mt dw of the adjusted quota will be allocated to the
incidental category, which covers recreational landings and landings by
incidental swordfish permit holders, and the remainder of the adjusted
quota (2,877.8 mt dw) will be allocated to the directed category, which
will be split equally between two seasons in 2024 (January through
June, and July through December) (table 2).
South Atlantic Swordfish
Consistent with the South Atlantic swordfish quota regulations at
Sec. 635.27(c), NMFS adjusts the U.S. annual South Atlantic swordfish
quota for allowable underharvest, if any, in the previous year. NMFS
makes such adjustments, if needed, consistent with ICCAT carryover
limits and when complete catch information for the prior year is
available and finalized. Consistent with ICCAT Recommendation 17-03 as
amended by Recommendation 22-04, the U.S. South Atlantic swordfish
baseline annual quota through 2026 is 75.2 mt dw (100 mt ww), and the
amount of underharvest that the United States can carry forward from
one year to the next is 75.2 mt dw (100 mt ww) (table 2). In 2023 there
were no landings of South Atlantic swordfish by U.S. fishermen, which
is an underharvest of 75.2 mt dw of the 2023 adjusted quota. Of that
underharvest, 75.2 mt dw may be carried forward to the 2024 fishing
year. Under Recommendations 17-03 and 22-04, the United States
continues to transfer a total of 75.2 mt dw (100 mt ww) to other
countries. These transfers are 37.6 mt dw (50 mt ww) to Namibia, 18.8
mt dw (25 mt ww) to C[ocirc]te d'Ivoire, and 18.8 mt dw (25 mt ww) to
Belize. Thus, the adjusted 2024 South Atlantic swordfish quota will be
75.2 mt dw.
Table 2--2024 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
North Atlantic swordfish quota (mt dw) 2023 2024
------------------------------------------------------------------------
Baseline Quota.......................... 2,937.6 2,937.6
International Quota Transfers *......... N/A (-)150.4
Underharvest from Previous Year......... 2,371.3 2,369.9
Underharvest Carryover from Previous (+)440.6 (+)440.6
Year [dagger]..........................
Adjusted Quota (Baseline + Carryover + 3,378.2 3,227.8
Transfer)..............................
Quota Allocation:
Directed Category................... 3,028.2 2,877.8
Incidental Category................. 300 300
Reserve Category.................... 50 50
------------------------------------------------------------------------
South Atlantic swordfish quota 2023 2024
(mt dw)
------------------------------------------------------------------------
Baseline Quota.......................... 75.2 75.2
International Quota Transfers **........ (-)75.2 (-)75.2
Underharvest from Previous Year......... 75.2 75.2
Underharvest Carryover from Previous 75.2 75.2
Year [dagger]..........................
Adjusted quota (Baseline + Transfers + 75.2 75.2
Carryover).............................
------------------------------------------------------------------------
* Under ICCAT Recommendation 23-04, the United States transferred 150.4
mt dw (200 mt ww) to Morocco.
[dagger] Allowable underharvest carryover is capped at 15 percent of the
baseline quota allocation (440.6 mt dw) for the North Atlantic and
75.2 dw (100 mt ww) for the South Atlantic.
** Under ICCAT Recommendations 17-03 and 22-04, the United States
transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50
mt ww), C[ocirc]te d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8
mt dw, 25 mt ww).
Bluefin Tuna Annual Quota and Adjustment Process
Consistent with the regulations regarding annual bluefin tuna quota
adjustment at Sec. 635.27(a), in this final rule, NMFS announces the
addition of available underharvest in the bluefin tuna Reserve
category. Specifically, the adjusted 2024 Reserve category quota is now
161.5 mt.
In 2022, NMFS implemented relevant provisions of an ICCAT western
Atlantic bluefin tuna recommendation (Recommendation 21-07) in a final
rule (87 FR 33049, June 1, 2022). That rulemaking implemented the
annual U.S. baseline quota of 1,316.1 mt, plus an additional 25 mt to
account for bycatch related to pelagic longline fisheries in the
Northeast Distant gear restricted area (NED), for a total quota of
1,341.1 mt. At the 2022 annual meeting, a management procedure was
implemented for bluefin tuna (Recommendation 22-09). This management
procedure set the western Atlantic bluefin tuna TAC for 2023 through
2025 at the same level as 2021 (Recommendation 22-10). As such, the
total annual U.S. bluefin tuna quota for 2024 remains 1,341.1 mt (see
Sec. 635.27(a)). Consistent with Recommendation 22-10, the maximum
underharvest that the United States can carry forward from one year to
the next is 10 percent of its total annual quota, which equates to
134.1 mt.
[[Page 77032]]
In 2023, the adjusted U.S. quota was 1,447.7 mt, and the U.S.
catch, including landings and dead discards, totaled 1,311.3 mt. Thus,
the 2023 underharvest was 136.4 mt, which exceeds the underharvest
carryover limit (134.1 mt). As such, the United States is carrying
forward the allowable 134.1 mt underharvest to 2024. Per Sec.
635.27(a) this underharvest augments the Reserve category quota. The
2024 Reserve category quota of 38.2 mt was recently adjusted to 27.4 mt
(89 FR 58074, July 17, 2024). Thus, the adjusted 2024 Reserve category
quota is now, through this action, 161.5 mt (27.4 mt plus 134.1 mt
underharvest) (table 3).
Table 3--2024 Bluefin Tuna Quota
------------------------------------------------------------------------
Bluefin tuna quota (mt ww) 2023 2024
------------------------------------------------------------------------
Baseline Quota.......................... 1,316.1 1,316.1
Total Quota (Baseline Quota + Bycatch 1,341.1 1,341.1
Allocation) *..........................
Underharvest from Previous Year......... 106.5 136.4
Underharvest Carryover from Previous (+)106.5 (+)134.1
Year [dagger]..........................
Adjusted Quota (Total quota + Carryover) 1,447.7 1,475.2
Baseline Reserve Category Quota......... [Dagger] 38.2 ** 38.2
Adjusted Reserve Category Quota (Reserve 133.9 161.5
quota + Carryover).....................
------------------------------------------------------------------------
Values in this table are subject to rounding error.
* The United States is allocated an additional 25 mt to account for
bycatch related to pelagic longline fisheries in the Northeast Distant
gear restricted area (NED).
[dagger] Allowable underharvest carryover is capped at 10 percent of the
total annual quota (134.1 mt ww).
[Dagger] The 2023 baseline Reserve category quota of 38.2 mt was
adjusted to 27.4 mt (88 FR 48136, July 26, 2023).
** The 2024 baseline Reserve category quota of 38.2 mt was adjusted to
27.4 mt (89 FR 58074, July 17, 2024).
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635.
This final rule has been determined to be not significant for purposes
of Executive Order 12866.
The Assistant Administrator for NMFS (AA) has determined that this
final rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, ATCA, and other applicable law.
The AA finds that pursuant to 5 U.S.C. 553(b)(B), it is unnecessary
to provide prior notice of, and an opportunity for public comment on,
this action for the following reasons. The rulemaking processes for
amendment 13 to the 2006 Consolidated HMS FMP (87 FR 59966, October 3,
2022), the 2022 Atlantic bluefin tuna and northern albacore quota rule
(87 FR 33049, June 1, 2022), and the 2016 North and South Atlantic
Swordfish Quota Adjustment Rule (81 FR 48719, July 26, 2016)
specifically provided prior notice of, and accepted public comment on,
the formulaic quota adjustment processes for the northern albacore,
Atlantic bluefin tuna, and swordfish fisheries and the manner in which
they occur. The June 1, 2022, final rule also anticipated that NMFS
would implement U.S. northern albacore quotas as recommended by ICCAT
in accordance with the management procedure, up to the analyzed maximum
baseline quota of 950 mt. The baseline quota would remain at 711.5 mt
annually until changed by ICCAT. NMFS anticipated implementing any new
baseline quotas through final rulemaking, assuming no new management
measures are adopted or other relevant changes in circumstances occur.
Additionally, consistent with current practice, NMFS annually would
provide notice to the public in the Federal Register of the baseline
northern albacore quota with any annual adjustments as allowable for
over- and underharvest, as appropriate. NMFS would evaluate the need
for any additional environmental analyses or for proposed and final
rulemaking when a new quota is adopted by ICCAT and implemented by
NMFS. These processes have not changed, and the application of these
formulas to the relevant quotas in this temporary final rule is a
routine action that does not have discretionary aspects requiring
additional agency consideration. Additionally, similar actions to
adjust the quotas based on the previous year's underharvest occur
annually, and the regulated community expects such adjustments in 2024.
For all of these reasons, it is unnecessary to provide prior notice and
an additional opportunity for public comment on this action.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the date of effectiveness and to make the rule effective upon
the date of publication in the Federal Register. As described above,
this rule is a routine action that applies existing quota adjustment
formulas, and that the regulated community anticipates annually and
does not need time to prepare for. The 2024 fisheries for northern
albacore, North and South Atlantic swordfish, and bluefin tuna opened
on January 1, 2024. NMFS monitors northern albacore, North and South
Atlantic swordfish, and bluefin tuna annual catch and uses the previous
year's catch data to calculate the legally allowable quotas for the
current year. However, these adjustments to the 2024 quotas could not
occur earlier in the year because the final 2023 landings data--which
first must collected, compiled, and submitted in accordance with ICCAT
reporting requirements--were not available until late July. Given that
these fisheries are currently open and permit-holders are actively
fishing, delaying the effective date of this rule's quota adjustments
could lead to premature closure of one or more affected fisheries if
the unadjusted quota limit is reached within the next 30 days. Such an
event would negatively affect the regulated fisheries' reasonable
opportunity to catch the available quotas, contrary to Magnuson-Stevens
Act requirements and overall purpose of sound conservation and
management of fisheries--including highly migratory species--in a
manner that achieves optimum yield. Furthermore, delaying the effective
date of this rule would delay the application of North and South
Atlantic swordfish quota transfers pursuant to ICCAT obligations for
U.S. quota limits, contrary to requirements under ATCA. It would also
delay NMFS' ability to transfer quota inseason, as needed, from the
bluefin Reserve category to other fishing categories to ensure fishing
opportunities and avoid premature fishery closures. As with the quota
adjustments, such a delay would be contrary to the Magnuson-Stevens Act
requirement to allow U.S. vessels
[[Page 77033]]
reasonable opportunity to harvest highly migratory species allocations
and quotas under relevant international fishery agreements such as the
International Convention for the Conservation of Atlantic Tunas.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: September 16, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
635 as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.27, revise paragraph (e)(1) to read as follows:
Sec. 635.27 Quotas.
* * * * *
(e) * * *
(1) Annual quota. Consistent with ICCAT recommendations, the ICCAT
northern albacore management procedure, and domestic management
objectives, the baseline annual quota, before any adjustments, is 889.4
mt. The total quota, after any adjustments made per paragraph (e)(2) of
this section, is the fishing year's total amount of northern albacore
tuna that may be landed by persons and vessels subject to U.S.
jurisdiction.
* * * * *
[FR Doc. 2024-21507 Filed 9-19-24; 8:45 am]
BILLING CODE 3510-22-P
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