Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Rules and Regulations 64831 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2023–20291 Filed 9–19–23; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 230911–0216] 

RTID 0648–XC870 

Atlantic Highly Migratory Species; 

Adjustments to 2023 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: Temporary final rule. 

SUMMARY: NMFS adjusts the 2023 

baseline quotas for U.S. North Atlantic 

albacore tuna (northern albacore), North 

and South Atlantic swordfish, and the 

Atlantic bluefin Reserve category based 

on available underharvest of the 2022 

adjusted U.S. quotas. This action is 

necessary to implement binding 

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). This action to 

adjust the quotas is only temporary and 

will be effective through December 31, 

2023. On January 1, 2024, full annual 

baseline allocations of northern 

albacore, North and South Atlantic 

swordfish, and the Atlantic bluefin tuna 

will be available to the U.S. harvest. 

DATES: Effective September 20, 2023, 

through December 31, 2023. 

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 https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. These 

documents also are available upon 

request from Lisa Crawford or Steve 

Durkee at the email addresses and 

telephone numbers below. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Crawford (301–427–8503, 

lisa.crawford@noaa.gov) or Steve 

Durkee (301–427–8503, steve.durkee@

noaa.gov). 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including 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(e) implements the northern 

albacore annual quota recommended by 

ICCAT and describes the annual 

northern albacore quota adjustment 

process. 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(a) 

implements the ICCAT-recommended 

quota and describes the annual quota 

adjustment process for bluefin tuna. 

NMFS is required under the MagnusonStevens 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. 

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 

Consistent with the northern albacore 

quota regulations at 50 CFR 635.27(e), 

NMFS adjusts the U.S. annual northern 

albacore quota for allowable 

underharvest, if any, 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 21–04, on June 1, 

2022, NMFS finalized a final rule that 

implemented a management procedure 

for northern albacore (87 FR 33049). 

This management procedure established 

a total allowable catch (TAC) of 37,801 

mt and maintained the 711.5-mt U.S. 

northern albacore quota for 2022 and 

2023. The annual baseline quota of 

711.5 mt is codified at § 635.27(e). 

Relevant to the northern albacore 

quota adjustment in this action, and as 

codified at § 635.27(e)(2), 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 equates to 177.9 mt for the 

United States. For 2022, the adjusted 

quota was 889.4 mt (711.5 mt plus 177.9 

mt of 2021 underharvest). In 2022, U.S. 

landings of northern albacore were 

310.6 mt, which is an underharvest of 

578.8 mt of the 2022 adjusted quota. 

This underharvest exceeds the 177.9-mt 

underharvest carryover limit allowed 

under Recommendation 21–04; 

therefore, only 177.9 mt may be carried 

forward to the 2023 fishing year. Thus, 

the adjusted 2023 northern albacore 

quota will be 889.4 mt (711.5 mt plus 

177.9 mt) (Table 1). 

TABLE 1—2023 NORTHERN ALBACORE QUOTA

Northern albacore quota 

(mt ww) 2022 2023 

Baseline Quota ........................................................................................................................................................ 711.5 711.5 

Underharvest from Previous Year ........................................................................................................................... 573.7 578.8 

Underharvest Carryover from Previous Year † ....................................................................................................... (+)177.9 (+)177.9 

Adjusted Quota (Baseline + Underharvest) ............................................................................................................. 889.4 889.4 

† Allowable underharvest carryover is capped at 25 percent of the baseline quota allocation (177.9 mt ww). 


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64832 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Rules and Regulations 

North and South Atlantic Swordfish 

Annual Quota and Adjustment Process 

North Atlantic Swordfish 

Consistent with the North Atlantic 

swordfish quota regulations at 

§ 635.27(c), NMFS adjusts the U.S. 

annual North Atlantic swordfish quota 

for allowable underharvest, if any, 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 Recommendations 21–02 

and 22–03, the U.S. North Atlantic 

swordfish baseline annual quota 

through 2023 is 2,937.6 mt dw (3,907.0 

mt ww). 

Relevant to the North Atlantic 

swordfish quota adjustment in this 

action, and as codified at § 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 

mt dw (586.0 mt ww). For 2022, 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 2021 

underharvest). In 2022, landings U.S. 

landings of North Atlantic swordfish, 

which includes landings and dead 

discards, was 1,006.9 mt dw, which is 

an underharvest of 2,371.3 mt dw of the 

2022 adjusted quota. This underharvest 

exceeds the 440.6-mt dw underharvest 

carryover limit allowed under 

Recommendation 22–03; therefore, only 

440.6 mt dw may be carried forward to 

the 2023 fishing year. Thus, the adjusted 

2023 North Atlantic Swordfish quota 

will be 3,378.2 mt dw (2,937.6 mt dw 

plus 440.6 mt dw). In accordance with 

regulations at § 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 

(3,028.2 mt dw) will be allocated to the 

directed category, which will be split 

equally between two seasons in 2023 

(January through June, and July through 

December) (Table 2). 

South Atlantic Swordfish 

Consistent with the South Atlantic 

swordfish quota regulations at 

§ 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 U.S. can carry 

forward from one year to the next is 75.2 

mt dw (100 mt ww) (Table 2). In 2022 

there were no landings of South Atlantic 

swordfish by U.S. fishermen, which is 

an underharvest of 75.2 mt dw of the 

2022 adjusted quota. Of that 

underharvest 75.2 mt dw may be carried 

forward to the 2023 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 Coˆte d’Ivoire, and 18.8 mt 

dw (25 mt ww) to Belize. Thus, the 

adjusted 2023 South Atlantic swordfish 

quota will be 75.2 mt dw. 

TABLE 2—2023 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS

North Atlantic swordfish quota 

(mt dw) 2022 2023 

Baseline Quota ........................................................................................................................................................ 2,937.6 2,937.6 

Underharvest from Previous Year ........................................................................................................................... 2,416.4 2,371.3 

Underharvest Carryover from Previous Year † ....................................................................................................... (+)440.6 (+)440.6 

Adjusted Quota (Baseline + Carryover) .................................................................................................................. 3,378.2 3,378.2 

Quota Allocation: 

Directed Category ............................................................................................................................................. 3,028.2 3,028.2 

Incidental Category ........................................................................................................................................... 300.0 300.0 

Reserve Category ............................................................................................................................................. 50.0 50.0 

South Atlantic swordfish quota 

(mt dw) 

2022 2023 

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 Year † ....................................................................................................... 75.2 75.2 

Adjusted quota (Baseline + Transfers + Carryover) ............................................................................................... 75.2 75.2 

† 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 21–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 

mt ww), Coˆte 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 § 635.27(a), NMFS 

annually announces the addition of 

available underharvest, if any, to the 

bluefin tuna Reserve category once 

complete catch information for the prior 

year is available and finalized. 

In 2022, NMFS implemented relevant 

provisions of an ICCAT western Atlantic 

bluefin tuna recommendation [adopted 

at the 2021 annual meeting] (Rec. 21– 

07) in a final rule that published on June 

1, 2022 (87 FR 33049). 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 (Rec. 22–09). This management 

procedure set the western Atlantic 

bluefin tuna TAC for 2023 through 2025 

at the same level as 2021 (Rec. 22–10). 

As such, the total annual U.S. bluefin 

tuna quota for 2023 remains 1,341.1 mt 


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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Rules and Regulations 64833 

(see § 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. 

In 2022, the adjusted U.S. quota was 

1,468.4 mt and the U.S. catch, including 

landings and dead discards, totaled 

1,361.9 mt. Thus, the 2022 underharvest 

was 106.5 mt, which is less than the 

underharvest carryover limit (134.1 mt). 

As such, the United States is carrying 

forward the allowable 106.5 mt 

underharvest to 2023. Per § 635.27(a) 

this underharvest augments the Reserve 

category quota. The 2023 Reserve 

category quota of 38.2 mt was recently 

adjusted to 27.4 mt (88 FR 48136, July 

26, 2023). Thus, the adjusted 2023 

Reserve category quota is now, through 

this action, 133.9 mt (106.5 mt plus 27.4 

mt) (Table 3). 

TABLE 3—2023 BLUEFIN TUNA QUOTA

Bluefin tuna quota 

(mt ww) 2022 2023 

Baseline Quota ........................................................................................................................................................ 1,316.1 1,316.1 

Total Quota (Baseline Quota + Bycatch Allocation) * .............................................................................................. 1,341.1 1,341.1 

Underharvest from Previous Year ........................................................................................................................... 194.5 106.5 

Underharvest Carryover from Previous Year † ....................................................................................................... (+)127.3 (+)106.5 

Adjusted Quota (Total quota + Carryover) .............................................................................................................. 1,468.4 1,447.7 

Baseline Reserve Category Quota .......................................................................................................................... 38.2 ‡ 38.2 

Adjusted Reserve Category Quota (Reserve quota + Carryover) .......................................................................... 306.7 133.9 

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). 

† Allowable underharvest carryover is capped at 10 percent of the total annual quota (134.11 mt ww). 

‡ The 2023 Reserve category quota of 38.2 mt was recently adjusted to 27.4 mt (88 FR 48136, July 26, 2023). 

Classification 

NMFS is issuing this rule pursuant to 

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) has determined that this 

final rule is consistent with the 2006 

Consolidated HMS FMP, Amendment 

13 to the 2006 Consolidated Atlantic 

HMS FMP, 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. 

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. There 

are no new baseline quotas for the 

relevant species for 2023. Additionally, 

similar actions to adjust the quotas 

based on the previous year’s 

underharvest occur annually and the 

regulated community expects similar 

adjustments in 2023. Thus, it is 

unnecessary to provide prior notice and 

an additional opportunity for public 

comment on this rule. 

There is good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effective date and to make the rule 

effective upon publication in the 

Federal Register. This rule is a routine 

action that the regulated community 

anticipates annually and does not need 

time to prepare for. The 2023 fisheries 

for northern albacore, North and South 

Atlantic swordfish, and bluefin tuna 

opened on January 1, 2023. 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 2023 

quotas could not occur earlier in the 

year because the final 2022 landings 

data—which first must collected, 

compiled, and submitted in association 

with ICCAT reporting requirements— 

were not available until now. Given that 

these fisheries are currently open and 

permit-holders are actively fishing, 

delaying the effective date of this rule’s 

quota adjustments would in turn 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 to U.S. 

quota limits, contrary to requirements 

under ATCA, and 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 

reasonable opportunity to harvest highly 

migratory species allocations and quotas 

under relevant international fishery 

agreements such as the ICCAT 

Convention. 

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 14, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–20301 Filed 9–19–23; 8:45 am] 

BILLING CODE 3510–22–P 


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