[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3361-3363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00809]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XD628]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; General Category January Through March 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 20.5 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the General category December 2024 subquota to 
the January through March 2024 subquota period. The adjusted General 
category January through March 2024 subquota is 58.2 mt. This action 
provides further opportunities for General category fishermen to 
participate in the January through March General category fishery, 
based on consideration of the regulatory determination criteria 
regarding inseason adjustments. This action would affect 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 January 12, 2024, through March 31, 2024.

FOR FURTHER INFORMATION CONTACT: Ann Williamson, 
<a href="/cdn-cgi/l/email-protection#1b7a7575356c727777727a766874755b75747a7a357c746d"><span class="__cf_email__" data-cfemail="51303f3f7f26383d3d38303c223e3f113f3e30307f363e27">[email protected]</span></a>, or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#2844495a5a51065a4d4c4c6846474949064f475e"><span class="__cf_email__" data-cfemail="cfa3aebdbdb6e1bdaaabab8fa1a0aeaee1a8a0b9">[email protected]</span></a>, at 
301-427-8503.

SUPPLEMENTARY INFORMATION: 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 divides 
the U.S. BFT quota recommended 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

[[Page 3362]]

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.
    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 
quota for the General category is 710.7 mt. The General category 
baseline quota is suballocated to different time periods. Relevant to 
this action, the baseline subquotas for the January through March time-
period and for the December time-period are 37.7 mt and 37.0 mt, 
respectively.

Transfer From the December 2024 Subquota to the January Through March 
2024 Subquota

    Under Sec.  635.27(a)(1)(ii), NMFS has the authority to transfer 
subquota from one time period to another time period through inseason 
action after considering determination criteria provided under Sec.  
635.27(a)(7). This section focuses on the calculations involved in 
transferring quota available from the 2024 General category December 
time period subquota to the 2024 General category January through March 
time period subquota; the consideration of the determination criteria 
can be found below after this section.
    As stated above, the baseline subquotas for the January through 
March time-period and for the December time-period are 37.7 mt and 37.0 
mt, respectively. Transferring 20.5 mt from the General category 
December time period to the General category January through March time 
period, results in an adjusted January through March time period 
subquota of 58.2 mt (37.7 mt + 20.5 mt = 58.2 mt), and an adjusted 
December time period subquota of 16.5 mt (37 mt - 20.5 mt = 16.5 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.
    In summary, this transfer results in an adjusted January through 
March 2024 time period subquota of 58.2 mt and an adjusted December 
2024 subquota of 16.5 mt. The General category fishery will remain open 
until March 31, 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. These 
considerations 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 
tuna dealers 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 General category catches in the December and 
January through March time periods over the last several years and the 
likelihood of closure of the January through March segment of the 
fishery if no adjustment is made (Sec.  635.27(a)(7)(ii) and (ix)). 
Without a quota transfer at this time, based on recent catch rates in 
comparison to the current available quota (37.7 mt), NMFS would likely 
need to close the General category fishery shortly. 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 quota 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 adjustment and transfer, NMFS 
anticipates that the General category quota would be used before the 
end of the fishing year. This quota transfer would allow fishermen to 
take advantage of the availability of BFT that are currently 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 BFT fishery might be exceeded (Sec.  
635.27(a)(7)(iv)) and the ability to account for all 2024 landings and 
dead discards. In the past few years, total U.S. BFT landings have been 
below the available U.S. quota such that the United States has carried 
forward the underharvest as allowed by ICCAT from one year to the next. 
NMFS will need to account for 2024 landings and dead discards within 
the adjusted U.S. quota, consistent with ICCAT recommendations, and 
anticipates having sufficient quota to do that.
    NMFS also considered the effects of the transfer on the BFT stock 
and on accomplishing the objectives of the 2006 Consolidated HMS FMP 
(Sec.  635.27(a)(7)(v) and (vi)). This transfer would be with 
established quotas and subquotas, which are implemented consistent with 
ICCAT 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, and effects on the stock. This quota transfer is 
in line with the established management measures and stock status 
determinations. Another principal consideration is the objective of 
providing opportunities to harvest the available General category quota 
without exceeding the annual quota, based on the objectives of the 2006 
Consolidated HMS FMP and its amendments, including to achieve optimum 
yield on a continuing basis and to allow all permit categories a 
reasonable opportunity to harvest available BFT quota allocations 
(related to Sec.  635.27(a)(7)(x)). Specific to the General category, 
this includes providing opportunities equitably across all time 
periods.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. 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 category and HMS Charter/Headboat vessel owners are required to 
report the

[[Page 3363]]

catch of all BFT retained or discarded dead within 24 hours of the 
landing(s) or the end of each trip, by accessing https://www.hmspermits.noaa.gov 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.

Classification

    NMFS issues this action pursuant to section 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) 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 retention 
limit adjustments 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 for 
prior notice and opportunity to comment is impracticable and contrary 
to the public interest as this fishery is currently underway and, based 
on current landings information, the available time period subquota is 
projected to be reached shortly. Delaying this action could result in 
BFT landings exceeding the January through March time period subquota. 
Taking this action does not raise conservation and management concerns. 
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: January 11, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-00809 Filed 1-12-24; 4:15 pm]
BILLING CODE 3510-22-P


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