[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 [www.gpo.gov]
[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 https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species. 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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