Rule2024-23129
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category October Through November 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 7, 2024
Effective
October 2, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 100 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category October through November 2024 time period. With this transfer, the adjusted General category October through November time period subquota is 192.4 mt and the Reserve category quota is 61.5 mt. This action is intended to provide further harvest opportunities for General category fishermen, based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to 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 194 (Monday, October 7, 2024)</title>
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[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Rules and Regulations]
[Pages 81032-81034]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23129]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XE331]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category October Through November 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 100 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category
October through November 2024 time period. With this transfer, the
adjusted General category October through November time period subquota
is 192.4 mt and the Reserve
[[Page 81033]]
category quota is 61.5 mt. This action is intended to provide further
harvest opportunities for General category fishermen, based on
consideration of the regulatory determination criteria regarding
inseason adjustments and applies to 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 October 2, 2024, through November 30, 2024.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., (<a href="/cdn-cgi/l/email-protection#7f131e0d0d06510d1a1b1b3f11101e1e51181009"><span class="__cf_email__" data-cfemail="4f232e3d3d36613d2a2b2b0f21202e2e61282039">[email protected]</span></a>)
and Ann Williamson (<a href="/cdn-cgi/l/email-protection#11707f7f3f66787d7d78707c627e7f517f7e70703f767e67"><span class="__cf_email__" data-cfemail="e1808f8fcf96888d8d88808c928e8fa18f8e8080cf868e97">[email protected]</span></a>) by email or by phone at
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.
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
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 two actions that adjusted the Reserve category quota (89 FR
58074, July 17, 2024; 89 FR 77029, September 20, 2024). The current
adjusted Reserve category quota is 161.5 mt.
Transfer From the Reserve Category to the October Through November 2024
Subquota
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; the consideration of the
determination criteria can be found below after this section.
As stated above, the baseline October through November time period
subquota and adjusted Reserve quota are 92.4 mt and 161.5 mt,
respectively. At this time after considering the relevant determination
criteria (see below), NMFS is transferring 100 mt from the Reserve
category to the General category October through November time period.
This transfer will result in an adjusted October through November time
period subquota of 192.4 mt (92.4 mt + 100 mt = 192.4 mt) and an
adjusted Reserve category quota of 61.5 mt (161.5 mt-100 mt = 61.5 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. The General category fishery will remain
open until November 30, 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 (Sec.
635.27(a)(7)). 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 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 General category quota to date
and the likelihood of closure of the General 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)).
The General category October through November time period has recently
opened and based on projected daily landings rates, without a quota
transfer at this time, NMFS would likely need to close the General
category fishery shortly and participants would have to stop BFT
fishing activities despite commercial-sized BFT remaining available in
the areas where General category permitted vessels operate. This quota
transfer 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
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. 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 transfer, NMFS anticipates that the
General category quota would be used before the end of the fishing
year. Thus, this quota transfer would allow General 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 recently
took such an action to carry over the allowable 134.1 mt of
underharvest from 2023 to 2024 (89 FR 77029, September 20, 2024). NMFS
anticipates having sufficient quota to account for landings and dead
discards within the adjusted U.S. quota, consistent with ICCAT
recommendations.
[[Page 81034]]
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 quota 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 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 General 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, General and HMS Charter/Headboat 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://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 (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 General category for the remainder of 2024 is impracticable and
contrary to the public interest as the General category fishery is
currently underway. Based on General category catch rates, a delay in
this action would likely result in closure of the General category
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 General 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 General
category October through November time period does not affect the
overall ICCAT-allocated U.S. BFT quota, and available data show 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: October 2, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-23129 Filed 10-2-24; 4:15 pm]
BILLING CODE 3510-22-P
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