Rule2024-26946
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category December 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
November 19, 2024
Effective
December 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 59.5 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category for the remainder of the 2024 fishing year. With this transfer, the adjusted General category December time period subquota is 76 mt and the Reserve category quota is 2 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 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Rules and Regulations]
[Pages 91275-91276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26946]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XE450]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category December 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 59.5 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category for
the remainder of the 2024 fishing year. With this transfer, the
adjusted General category December time period subquota is 76 mt and
the Reserve category quota is 2 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: The quota transfer is effective December 1, 2024, through
December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Anna Quintrell
(<a href="/cdn-cgi/l/email-protection#7a1b14141b540b0f13140e081f16163a14151b1b541d150c"><span class="__cf_email__" data-cfemail="6d0c03030c431c180403191f0801012d03020c0c430a021b">[email protected]</span></a>) or Larry Redd, Jr. (<a href="/cdn-cgi/l/email-protection#5f333e2d2d26712d3a3b3b1f31303e3e71383029"><span class="__cf_email__" data-cfemail="d4b8b5a6a6adfaa6b1b0b094babbb5b5fab3bba2">[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.). ATCA
is the implementing statute for binding recommendations of the
International Commission for the Conservation of Atlantic Tunas. 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 December time period is 37.0 mt. To date, NMFS has published
one action that adjusted the December time period quota (89 FR 3361,
January 18, 2024) and three actions that adjusted the Reserve category
quota (89 FR 58074, July 17, 2024; 89 FR 77029, September 20, 2024; 89
FR 81032, October 7, 2024). The current adjusted December time period
quota is 16.5 mt and the Reserve category quota is 61.5 mt.
Transfer From the Reserve Category to the December 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 adjusted December time period subquota and
adjusted Reserve quota are 16.5 mt and 61.5 mt, respectively. At this
time, after considering the relevant determination criteria (see
below), NMFS is transferring 59.5 mt from the Reserve category to the
General category December time period. This transfer will result in an
adjusted December time period subquota of 76 mt (16.5 mt + 59.5 mt = 76
mt) and an adjusted Reserve category quota of 2 mt (61.5 mt-59.5 mt = 2
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. These quotas will be in effect when the
fishery automatically opens on December 1, 2024.
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 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)), as well as
daily landing trends and the availability of BFT on fishing grounds
(Sec. 635.27(a)(7)(ix)). The General category is currently closed and
the December time period has not yet opened. However, without a quota
transfer 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 begins.
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 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
[[Page 91276]]
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)). Preliminary landings across all
categories are below the available U.S. quota and are similar to
landing estimates calculated at this time in recent past years.
Additionally, in the last several years, the 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.
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 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 General category
quota without exceeding the overall U.S. 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. 1855(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.
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 December 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: November 14, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-26946 Filed 11-14-24; 4:15 pm]
BILLING CODE 3510-22-P
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