12648 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Proposed Rules 

NMFS is proposing to establish a 

schedule of RFDs for the 2022 fishing 

year that would specify days on which 

fishing and sales will not occur. 

Specifically, the proposed schedule 

allows for two-consecutive-day periods 

twice each week for BFT product to 

move through the market while also 

allowing some commercial fishing 

activity to occur each weekend (i.e., 

Sundays). Because this schedule of 

RFDs would apply to all participants 

equally, NMFS anticipates that this 

schedule would extend fishing 

opportunities through a greater 

proportion of the subquota periods in 

which they apply by spreading fishing 

effort out over time similar to the 2021 

fishing season. Further, to the extent 

that the ex-vessel revenue for a BFT sold 

by a General or HMS Charter/Headboat 

permitted vessel (with a commercial 

endorsement) may be higher when a 

lower volume of domestically-caught 

BFT is on the market at one time, the 

use of RFDs may result in some increase 

in BFT price, and the value of the 

General category subquotas could 

increase similar to that of 2021. Thus, 

although NMFS anticipates that the 

same overall amount of the General 

category quota would be landed as well 

as the same amount of BFT landed per 

vessel, there may be some positive 

impacts to the General category and 

Charter/Headboat (commercial) BFT 

fishery. Using RFDs may more equitably 

distribute opportunities across all 

permitted vessels for longer durations 

within the subquota periods. 

If NMFS does not implement a 

schedule, without any other changes, it 

is possible that the trends of increasing 

numbers of unsold BFT (Table 1) and 

decreasing ex-vessel prices (Table 2) 

from 2017 through 2020 could continue. 

Additionally, without RFDs in 2022, the 

General category could have fewer open 

days later in the fishing season when exvessel prices tend to be higher (Table 3) 

as observed in 2017 through 2020. If 

those trends were to continue, all active 

General category permit holders could 

experience negative economic impacts 

similar to 2019 and 2020 where dealers 

were limiting their purchases of BFT 

and buying no or very few BFT on 

certain days in order to extend the 

available quota. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Statistics, Treaties. 

Dated: February 28, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2022–04546 Filed 3–4–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220224–0058] 

RIN 0648–BL16 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna and North 

Atlantic Albacore Quotas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS is proposing to modify 

the baseline annual U.S. quota and 

subquotas for Atlantic bluefin tuna and 

the baseline annual U.S. North Atlantic 

albacore (northern albacore) quota. This 

action is necessary to implement 

binding recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

adopted in 2021, 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: Written comments must be 

received by April 6, 2022. NMFS will 

hold a public hearing via conference 

call and webinar for this proposed rule 

on March 24, 2022, from 2:30 p.m. to 4 

p.m. EDT. For webinar registration 

information, see the SUPPLEMENTARY

INFORMATION section of this document. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2022–0024, by electronic 

submission. Submit all electronic public 

comments via the Federal e-Rulemaking 

Portal. Go to https://

www.regulations.gov and enter 

‘‘NOAA–NMFS–2022–0024’’ in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

Comments sent by any other method, 

to any other address or individual, or 

received after the close of the comment 

period, may not be considered by 

NMFS. All comments received are a part 

of the public record and will generally 

be posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.), confidential 

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender will be 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

NMFS will hold a public hearing via 

conference call and webinar on this 

proposed rule. For specific location, 

date and time, see the SUPPLEMENTARY

INFORMATION section of this document. 

Copies of this proposed rule and 

supporting documents are available 

from the Highly Migratory Species 

(HMS) Management Division website at 

https://www.fisheries.noaa.gov/topic/ 

atlantic-highly-migratory-species or by 

contacting Carrie Soltanoff at 

carrie.soltanoff@noaa.gov or 301–427– 

8503. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Soltanoff (carrie.soltanoff@

noaa.gov) or Larry Redd, Jr. (larry.redd@

noaa.gov) at 301–427–8503, or Steve 

Durkee (steve.durkee@noaa.gov) at 202– 

670–6637. 

SUPPLEMENTARY INFORMATION: Atlantic 

tunas 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 2006 

Consolidated Atlantic HMS Fishery 

Management Plan (2006 Consolidated 

HMS FMP) and its amendments are 

implemented by regulations at 50 CFR 

part 635. Section 635.27 divides the 

U.S. bluefin tuna quota recommended 

by ICCAT and as implemented by the 

United States among domestic fishing 

categories and provides the annual 

bluefin tuna quota adjustment process. 

Section 635.23(e) implements the 

ICCAT-recommended U.S. northern 

albacore quota and provides the annual 

northern albacore quota adjustment 

process. 

Since 1982, ICCAT has recommended 

a total allowable catch (TAC) of western 

Atlantic bluefin tuna for contracting 

parties fishing on the stock, and since 

1991, ICCAT has recommended specific 

quotas within that TAC for the United 

States and other contracting parties. 

ICCAT adopted a 20-year rebuilding 

program for western Atlantic bluefin 

tuna in 1998. The rebuilding plan 

period was set as 1999 through 2018. In 

2017, ICCAT adopted an interim 

conservation and management measure 

for western Atlantic bluefin tuna as to 

transition from the rebuilding program 

to a long-term management strategy for 


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the stock. Under this interim measure, 

ICCAT adopted a bluefin tuna TAC and 

associated U.S. quota, which NMFS 

implemented in a 2018 final rule (83 FR 

51391; October 11, 2018). In 2009, 

ICCAT established a northern albacore 

rebuilding program, including a TAC 

and several provisions to limit catches 

by contracting parties (for major and 

minor harvesters). NMFS implemented 

the ICCAT-recommended U.S. northern 

albacore quota in the same 2018 quota 

rule (83 FR 51391; October 11, 2018). 

Through this action, NMFS proposes 

to adjust the annual U.S. baseline 

bluefin tuna quota and subquotas and 

the annual U.S. baseline northern 

albacore quota to implement the quotas 

recommended by ICCAT as required by 

ATCA and to achieve domestic 

management objectives under the 

Magnuson-Stevens Act. 

NMFS has prepared an Environmental 

Assessment (EA), Regulatory Impact 

Review (RIR), and an Initial Regulatory 

Flexibility Analysis (IRFA), which 

analyze the anticipated environmental, 

social, and economic impacts of several 

alternatives for each of the major issues 

contained in this proposed rule. A 

summary of the analyses is provided 

below. The full list of alternatives and 

their analyses are provided in the draft 

EA/RIR/IRFA and are not repeated here. 

A copy of the draft EA/RIR/IRFA 

prepared for this proposed rule is 

available from NMFS (see ADDRESSES). 

Bluefin Tuna Annual Quota and 

Subquotas 

Recent ICCAT Stock Assessment and 

Recommendation 

ICCAT sets bluefin tuna and northern 

albacore conservation and management 

measures, including TACs, following 

consideration of the latest stock 

assessment information and 

management advice provided by the 

Standing Committee on Research and 

Statistics (SCRS), ICCAT’s scientific 

body. Starting in 2023, for northern 

albacore, three-year constant annual 

TACs will be set applying the harvest 

control rule established in the 

management procedure in ICCAT 

Recommendation 21–04. 

The SCRS conducted a western 

bluefin tuna stock assessment in 2021. 

This assessment used data through 2020 

and updated the modeling assumptions 

given scientific concerns expressed by 

the SCRS regarding the 2020 assessment 

update. The 2021 assessment results 

were more positive than in 2020 as 

detailed below. 

Due to continued uncertainty 

regarding stock recruitment potential 

and the SCRS’ continued inability to 

resolve the divergent (i.e., low vs. high) 

recruitment potential scenarios, the 

SCRS did not estimate spawning stock 

biomass (SSB) or determine stock status 

based on maximum sustainable yield 

(MSY) reference points. Rather than 

presenting two SSB series based on 

these two scenarios, the SCRS presented 

total biomass information to assess the 

stock, which does not depend on which 

of these scenarios is selected. The 2021 

stock assessment estimated that the total 

biomass increased by 9 percent over 

2017 through 2020. In the 2021 

assessment, the SCRS also concluded 

that overfishing was not occurring. In 

recent years, the SCRS has focused on 

giving short-term management advice 

based on an F0.1 reference point (taken 

to be a proxy for achieving FMSY) 

assuming that near term recruitment 

will be similar to the recent past 

recruitment. The F0.1 strategy 

compensates for the effect of 

recruitment changes on biomass by 

allowing higher catches when recent 

recruitment is higher and reducing 

catches when recent recruitments are 

lower. Fishing consistently at F0.1 will, 

over the long-term, cause the stock to 

fluctuate around the corresponding 

long-term biomass (B0.1), whatever the 

future recruitment potential. The 2021 

report indicates that the total allowable 

catch (TAC) in place for 2018 through 

2021 likely did not lead to overfishing 

relative to F0.1, and that the stock 

showed clear signs of several strong 

subsequent recruitment years. 

Domestically, following the 2017 stock 

assessment, NMFS determined that the 

overfished status for bluefin tuna is 

unknown and that the stock is not 

subject to overfishing, and this status 

remains in effect. 

Recognizing that the results of the 

2021 stock assessment and projections, 

including the Kobe matrix, do not 

capture the full degree of uncertainty 

regarding the spawner-recruit 

relationship, the effects of stock mixing, 

and other aspects of the assessment and 

projections, the SCRS recommended 

that managers should use the scientific 

advice with caution. Toward that end, 

the SCRS recommended that a moderate 

increase to the TAC was allowable and 

provided additional advice on 

alternative approaches to assist in 

determining the level of an appropriate 

moderate increase in TAC. Considering 

this advice, ICCAT adopted a TAC of 

2,726 mt at its November 2021 meeting 

(Rec. 21–07), which is a 16-percent 

increase from the prior TAC of 2,350 mt. 

The recommendation describes the 

adopted TAC as a precautionary TAC 

that prevents overfishing with a high 

probability, prioritizes continued stock 

growth, including into the long-term, 

and ensures relative stability by 

avoiding a large fluctuation in catches. 

Quotas and Domestic Allocations 

Under ICCAT Recommendation 21– 

07, the annual U.S. quota is 1,316.14 mt, 

plus 25 mt to account for bycatch 

related to pelagic longline fisheries in 

the Northeast Distant gear restricted area 

(NED), resulting in a total of 1,341.14 

mt. The 1,316.14-mt quota is an increase 

of 68.28 mt (5.5 percent) from the 

1,247.86-mt level established via the 

2018 quota rule. All TAC, quota, and 

weight information provided in this 

action are whole weight amounts. 

This action proposes implementing 

the ICCAT-recommended quota of 

1,341.14 mt, which would remain in 

effect until changed (for instance as a 

result of a new ICCAT bluefin tuna TAC 

and U.S. quota recommendation). 

The ICCAT-recommended bluefin 

tuna quota proposed in this action 

would be divided among the established 

regulatory domestic bluefin tuna 

subquota categories. To calculate the 

subquotas under the existing 

regulations, 68 mt first is subtracted 

from the baseline annual U.S. bluefin 

tuna quota and allocated to the Longline 

category quota. Second, the remaining 

quota is divided among the categories 

according to the following percentages: 

General—47.1 percent; Angling—19.7 

percent; Harpoon—3.9 percent; Purse 

Seine—18.6 percent; Longline—8.1 

percent (plus the 68-mt initial 

allocation); Trap—0.1 percent; and 

Reserve—2.5 percent. The resulting 

subquotas would be codified at 

§ 635.27(a) and would remain in effect 

until changed. Within the bluefin tuna 

quota proposed in this action and 

consistent with the ICCATrecommended limit on the harvest of 

school bluefin tuna (measuring 27 to 

less than 47 inches curved fork length), 

the school bluefin tuna subquota would 

be 134.1 mt. The 25-mt NED allocation 

is in addition to these subquotas. 

The table below shows the proposed 

quotas and subquotas that result from 

applying this process. These quotas 

would be codified at § 635.27(a) and 

would remain in effect until changed. 

The proposed rule for Amendment 13 to 

the 2006 Consolidated HMS FMP (86 FR 

27686, May 21, 2021) proposed 

modifications to the category quotas 

specified in Table 1. NMFS is 

completing a Final Environmental 

Impact Statement and final rule for 

Amendment 13 and the quotas and 

subquotas are not affected by 

Amendment 13 at this time. 


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12650 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Proposed Rules 

TABLE 1—PROPOSED ANNUAL ATLANTIC BLUEFIN TUNA QUOTAS

[In metric tons] 

Category Annual 

baseline 

quota 

Subquotas 

General ............................................................................... 587.9 

January–March 1 ................................. 31.2 

June–August ....................................... 293.9 

September ........................................... 155.8 

October–November ............................. 76.4 

December ............................................ 30.6 

Harpoon .............................................................................. 48.7 

Longline .............................................................................. 169.1 

Trap .................................................................................... 1.2 

Purse Seine ........................................................................ 232.2 

Angling ............................................................................... 245.9 

School ................................................. 134.1 

Reserve ........................................

North of 39°18′ N lat. ...................

South of 39°18′ N lat. ..................

....................

....................

....................

24.8 

51.6 

57.7 

Large School/Small Medium ............... 106.1 

North of 39°18′ N lat ....................

South of 39°18′ N lat ...................

....................

....................

50.1 

56.0 

Trophy ................................................. 5.7 

North of 39°18′ N lat ....................

South of 39°18′ N lat ...................

Gulf of Mexico ..............................

....................

....................

....................

1.9 

1.9 

1.9 

Reserve .............................................................................. 31.2 

U.S. Baseline Quota .......................................................... 2 1,316.14 

Total U.S. Quota, including 25 mt for NED (Longline) 2 1,341.14 

1 January 1 through the effective date of a closure notice filed by NMFS announcing that the January subquota is reached or projected to be 

reached, or through March 31, whichever comes first. 2Totals subject to rounding error. 

In addition to the proposed measures, 

in the EA for this action, NMFS 

analyzed a no action alternative that 

would maintain the current U.S. annual 

bluefin tuna quota of 1,247.86 mt and 

the current subquotas. The EA for this 

action describes the impacts of the no 

action alternative and the preferred 

alternative proposed here. 

Northern Albacore Annual Quota 

Recent ICCAT Stock Assessment and 

Recommendations 

In 2020, the SCRS conducted a stock 

assessment using a production model 

and data through 2018. The stock 

assessment concluded that the relative 

abundance of northern albacore has 

continued to increase over the last years 

and that the probability of the stock 

being in the green quadrant of the Kobe 

plot (not overfished (B≤BMSY) and not 

undergoing overfishing (F<FMSY)) is 

98.4 percent. Following consideration of 

the 2020 stock assessment, ICCAT 

adopted an interim harvest control rule 

for northern albacore. Recommendation 

20–04 established a one-year TAC of 

37,801 mt for 2021, which represented 

a 12.5 percent increase with respect to 

the previous TAC established in 2017. 

Application of ICCAT’s northern 

albacore allocations to Contracting 

Parties resulted in an annual U.S. quota 

of 711.5 mt, which was a 12.5-percent 

increase (79.1 mt) from the 632.4-mt 

quota. The recommendation called on 

ICCAT to review the interim harvest 

control rule in 2021 with a view to 

adopting a long-term management 

procedure at that point. 

In 2021, ICCAT adopted 

Recommendation 21–04, which 

established a management procedure 

that resulted in maintaining the 2021 

TAC of 37,801 mt (set using the initial 

harvest control rule) for 2022 and 2023, 

including the annual U.S. quota of 711.5 

mt, which was first established in 

Recommendation 20–04. The 

management procedure establishes 

reference points, dictates that stock 

assessments shall be conducted every 

three years, sets a process for 

establishing a three-year constant 

annual TAC (beginning for the 2024– 

2026 management period) using values 

estimated from each stock assessment 

and through application of the 

recommendation’s harvest control rule. 

The parameters of the harvest control 

rule include the following: ‘‘the 

maximum catch limit recommended is 

50,000 mt in order to avoid adverse 

effects of potentially inaccurate stock 

assessments,’’ and the maximum change 

in the catch limit shall not exceed 25 

percent in case of increase or 20 percent 

in case of decrease of the previous 

recommended catch limit when the 

current biomass is greater than or equal 

to the biomass threshold level. The 

recommendation called on the SCRS to 

test further harvest control rules 

supporting management objectives over 

2022–2023. Additionally, the 

recommendation called on the 

Commission to review the management 

procedure established to consider if any 

revisions are needed taking into account 

any further analyses of harvest control 

rules in 2022 or 2023. 

Domestic Quotas 

Although an increase in the U.S. 

northern albacore quota to 711.5 mt was 

recommended for 2021 in ICCAT 

Recommendation 20–04, NMFS did not 

codify the quota increase at that time, 

due to the low level of northern albacore 

landings compared to the baseline 

quota, as described in the rule to adjust 

the 2021 northern albacore, swordfish, 


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and bluefin tuna Reserve category 

quotas (86 FR 54659, October 4, 2021). 

At its 2021 annual meeting, under 

Recommendation 21–04, ICCAT 

adopted a management procedure for 

northern albacore and maintained the 

711.5-mt U.S. northern albacore quota 

for 2022 and 2023. Accordingly, this 

action proposes modifying the baseline 

annual U.S. northern albacore quota 

from the 632.4-mt level established in 

the 2018 quota rule to 711.5 mt. The 

associated EA also analyzes the effects 

of three-year quotas of up to 950 mt, 

where the quota is set through 

application of Recommendation 21–04’s 

harvest control rule. This level of 950 

mt is derived from the maximum 

allowable catch limit recommended in 

the northern albacore management 

procedure. The maximum catch limit of 

50,000 mt recommended in the 

management procedure represents an 

approximately 32 percent increase over 

the current TAC of 37,801 mt. Assuming 

the portion of the overall quota 

allocated to the United States remains 

the same in future years under the 

management procedure, such an 

increase would result in a maximum 

annual baseline U.S. quota of 950 mt. 

This analysis anticipates 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 would 

implement 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 of the baseline northern albacore 

quota with any annual adjustments as 

allowable for over- and underharvest in 

the Federal Register as appropriate. 

NMFS would evaluate the need for any 

additional environmental analyses or 

proposed and final rulemaking when a 

new quota is adopted by ICCAT and 

implemented by NMFS. 

In addition to the proposed measures, 

in the EA for this action, NMFS 

analyzed a no action alternative that 

would maintain the current U.S. annual 

northern albacore quota of 632.4 mt, as 

well as an alternative that would 

implement the ICCAT-recommended 

711.5-mt U.S. annual northern albacore 

quota without considering a maximum 

quota under the northern albacore 

management procedure. The EA for this 

action describes the impacts of these 

two alternatives and the preferred 

alternative proposed here. 

Request for Comments 

NMFS is requesting comments on this 

proposed rule which may be submitted 

via www.regulations.gov or at a public 

conference call/webinar. NMFS solicits 

comments on this action by April 6, 

2022 (see DATES and ADDRESSES). 

During the comment period, NMFS 

will hold a public hearing via 

conference call and webinar for this 

proposed action. Requests for sign 

language interpretation or other 

auxiliary aids should be directed to 

Carrie Soltanoff at carrie.soltanoff@

noaa.gov or 301–427–8503, at least 7 

days prior to the meeting. 

The conference call and webinar will 

take place on March 24, 2022, from 2:30 

p.m. to 4 p.m. EDT. Information for 

registering and accessing the webinar 

can be found at https://

www.fisheries.noaa.gov/action/changesatlantic-bluefin-tuna-and-north-atlanticalbacore-quotas-proposed. 

The public is reminded that NMFS 

expects participants at public 

conference calls and webinars to 

conduct themselves appropriately. At 

the beginning of each conference call 

and webinar, the moderator will explain 

how the conference call and webinar 

will be conducted and how and when 

participants can provide comments. 

NMFS representative(s) will structure 

the conference call and webinars so that 

all members of the public will be able 

to comment, if they so choose, 

regardless of the controversial nature of 

the subject(s). Participants are expected 

to respect the ground rules, and those 

that do not may be asked to leave the 

conference call and webinars. 

Classification 

The NMFS Assistant Administrator 

has determined that the proposed rule is 

consistent with the 2006 Consolidated 

HMS FMP and its amendments, other 

provisions of the Magnuson-Stevens 

Act, ATCA, and other applicable law, 

subject to further consideration after 

public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An Initial Regulatory Flexibility 

Analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA). The 

IRFA describes the economic impact 

this proposed rule, if adopted, would 

have on small entities. A description of 

the action, why it is being considered, 

and the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

summary of the analysis follows. A copy 

of this analysis is available from NMFS 

(see ADDRESSES). 

Section 603(b)(1) requires agencies to 

describe the reasons why the action is 

being considered. The purpose of this 

proposed rulemaking is, consistent with 

the objectives of the 2006 Consolidated 

HMS FMP and its amendments, the 

Magnuson-Stevens Act, ATCA, and 

other applicable law, to analyze the 

impacts of the alternatives for 

implementing the ICCAT-recommended 

U.S. bluefin tuna and northern albacore 

quotas and allocating the bluefin tuna 

quota per the codified quota regulations. 

Section 603(b)(2) of the RFA requires 

agencies to state the objectives of, and 

legal basis for, the proposed action. The 

objective of this proposed rulemaking is 

to implement ICCAT recommendations 

consistent with ATCA and achieve 

domestic management objectives under 

the Magnuson-Stevens Act. The legal 

basis for the proposed rule is the 

Magnuson-Stevens Act and ATCA. 

Section 603(b)(3) of the RFA requires 

agencies to provide an estimate of the 

number of small entities to which the 

rule would apply. NMFS established a 

small business size standard of $11 

million in annual gross receipts for all 

businesses in the commercial fishing 

industry (NAICS 11411) for RFA 

compliance purposes. The Small 

Business Administration (SBA) has 

established size standards for all other 

major industry sectors in the United 

States, including the scenic and 

sightseeing transportation (water) sector 

(NAICS code 487210), which includes 

for-hire (charter/party boat) fishing 

entities. The SBA has defined a small 

entity under the scenic and sightseeing 

transportation (water) sector as one with 

average annual receipts (revenue) of less 

than $8.0 million. 

NMFS considers all HMS permit 

holders, both commercial and for-hire, 

to be small entities because they had 

average annual receipts of less than 

their respective sector’s standard of $11 

million and $8 million. Regarding those 

entities that would be directly affected 

by the preferred alternatives, the average 

annual revenue per active pelagic 

longline vessel is estimated to be 

$202,000, based on approximately 90 

active vessels that produced an 

estimated $18.2 million in revenue in 

2020, well below the NMFS small 

business size standard for commercial 

fishing businesses of $11 million. No 

single pelagic longline vessel has 

exceeded $11 million in revenue in 

recent years. 

Other non-longline HMS commercial 

fishing vessels typically earn less 


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revenue than pelagic longline vessels 

and, thus, would also be considered 

small entities. Based on 2021 permit 

information, NMFS predicts that the 

preferred alternatives would apply to 

the following numbers of non-pelagic 

longline permit holders that fish 

commercially or engage in commercial 

activities: 2,730 General category, 4,055 

Charter/Headboat, 35 Harpoon category, 

and 34 seafood dealers that purchase 

bluefin tuna and northern albacore. 

There are no Purse Seine category 

permits issued currently, however there 

are five historical participants in the 

purse seine fishery that are allocated 

bluefin tuna quota that may participate 

in the Individual Bluefin Quota (IBQ) 

leasing program. 

NMFS has determined that the 

preferred alternatives would not likely 

directly affect any small organizations 

or small government jurisdictions 

defined under RFA, nor would there be 

disproportionate economic impacts 

between large and small entities. 

This action would apply to all 

participants in the Atlantic tuna 

fisheries, i.e., to the over 7,000 permit 

holders that held an Atlantic HMS 

Charter/Headboat or an Atlantic Tunas 

permit as of October 2021. This 

proposed rule is expected to directly 

affect commercial and for-hire fishing 

vessels that possess an Atlantic Tunas 

permit or Atlantic HMS Charter/ 

Headboat permit. It is unknown what 

portion of HMS Charter/Headboat 

permit holders actively participate in 

the bluefin tuna and northern albacore 

fisheries or provide fishing services for 

recreational anglers. As summarized in 

the 2021 SAFE Report for Atlantic HMS, 

there were 7,104 commercial Atlantic 

tunas or Atlantic HMS permits in 2021, 

as follows: 2,730 in the Atlantic Tunas 

General category; 35 in the Atlantic 

Tunas Harpoon category; 282 in the 

Atlantic Tunas Longline category; 2 in 

the Atlantic Tunas Trap category; and 

4,055 in the HMS Charter/Headboat 

category. The 90 active pelagic longline 

vessels described above are a subset of 

the 282 Atlantic Tunas Longline permits 

issued, 136 of which received IBQ 

shares. This constitutes the best 

available information regarding the 

universe of permits and permit holders 

recently analyzed. NMFS has 

determined that this action would not 

likely directly affect any small 

government jurisdictions defined under 

the RFA. 

Section 603(b)(4) of the RFA requires 

agencies to describe any new reporting, 

record-keeping, and other compliance 

requirements. This proposed rule does 

not contain any new collection of 

information, reporting, or recordkeeping requirements. 

Under section 603(b)(5) of the RFA, 

agencies must identify, to the extent 

practicable, relevant Federal rules 

which duplicate, overlap, or conflict 

with the proposed action. Fishermen, 

dealers, and managers in these fisheries 

must comply with a number of 

international agreements, domestic 

laws, and other fishery management 

measures. These include, but are not 

limited to, the Magnuson-Stevens Act, 

ATCA, the High Seas Fishing 

Compliance Act, the Marine Mammal 

Protection Act, the Endangered Species 

Act, the National Environmental Policy 

Act, the Paperwork Reduction Act, and 

the Coastal Zone Management Act. This 

proposed action has been determined 

not to duplicate, overlap, or conflict 

with any relevant regulations, Federal or 

otherwise. 

Under section 603(c) of the RFA, 

agencies must describe any significant 

alternatives to the proposed rule which 

accomplish the stated objectives of 

applicable statutes and which minimize 

any significant economic impact of the 

proposed rule on small entities. 

Specifically, the RFA (5 U.S.C. 

603(c)(1)–(4)) lists four general 

categories of significant alternatives to 

assist an agency in the development of 

significant alternatives. These categories 

of alternatives are: (1) Establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) clarification, consolidation, 

or simplification of compliance and 

reporting requirements under the rule 

for such small entities; (3) use of 

performance rather than design 

standards; and, (4) exemptions from 

coverage of the rule, or any part thereof, 

for small entities. 

Regarding the first, second, and fourth 

categories, NMFS cannot establish 

differing compliance or reporting 

requirements for small entities or 

exempt small entities from coverage of 

the rule or parts of it, because all of the 

businesses impacted by this rule are 

considered small entities, and thus the 

requirements are already designed for 

small entities. Thus, no alternatives are 

discussed that fall under the first and 

fourth categories described above. 

Amendment 7 implemented criteria for 

determining the availability of bluefin 

tuna quota for Purse Seine category 

participants and IBQs for the Longline 

category. These criteria under 

Amendment 7 and the eligibility criteria 

for IBQs for the Longline category can 

be considered individual performance 

standards. NMFS has not yet found a 

practical means of applying individual 

performance standards to the other 

quota categories while concurrently 

complying with the Magnuson-Stevens 

Act. Thus, there are no alternatives 

considered under the third category. 

This rulemaking proposes to 

implement the recently adopted ICCATrecommended U.S. bluefin tuna and 

northern albacore quotas and, for 

bluefin tuna, to apply the allocations for 

each quota category per the codified 

quota regulations. This action would be 

consistent with ATCA, under which the 

Secretary promulgates regulations as 

necessary to implement binding ICCAT 

recommendations. 

As described below, NMFS analyzed 

several different alternatives in this 

proposed rulemaking and provides 

rationales for identifying the preferred 

alternatives to achieve the desired 

objectives. The IRFA assumes that each 

permit holder will have similar catch 

and gross revenues to show the relative 

impact of the proposed action on permit 

holders. 

For bluefin tuna, NMFS analyzed a no 

action alternative, Alternative A1, that 

would maintain the current U.S. annual 

bluefin tuna quota of 1,247.86 mt and 

the current subquotas. NMFS also 

analyzed Alternative A2, the preferred 

alternative, that would increase the U.S. 

annual bluefin tuna quota, as described 

below. 

NMFS has estimated the average 

impact that establishing the increased 

annual U.S. baseline bluefin tuna quota 

for all domestic quota categories under 

the preferred alternative would have on 

individual categories and the permit 

holders within those categories. As 

mentioned above, the 2021 bluefin tuna 

ICCAT recommendation increased the 

annual U.S. baseline bluefin tuna quota 

for 1,316.14 mt and continues to 

provide 25 mt annually for incidental 

catch of bluefin tuna related to directed 

longline fisheries in the NED. The 

annual U.S. baseline bluefin tuna 

subquotas would be adjusted consistent 

with the process (i.e., the formulas) 

established in Amendment 7 and as 

codified in the quota regulations (as 

shown in Table 1), and these amounts 

(in mt) would be codified. The proposed 

rule for Amendment 13 (86 FR 27686, 

May 21, 2021) proposed modifications 

to the annual U.S. baseline bluefin tuna 

subquotas. NMFS is completing a Final 

Environmental Impact Statement and 

final rule for Amendment 13. 

Amendment 13 does not affect the 

proposals in this action. 

To calculate the average ex-vessel 

bluefin tuna revenues under this action, 

NMFS first estimated potential categorywide revenues. The most recent exvessel average price per pound 


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information for each commercial quota 

category is used to estimate potential exvessel gross revenues under the 

proposed subquotas (i.e., 2021 prices for 

the General, Harpoon, Longline/Trap 

categories, and 2015 prices for the Purse 

Seine category). The proposed baseline 

subquotas could result in estimated 

gross revenues of $12.3 million 

annually, if finalized and fully utilized, 

broken out by quota category. Note that 

in recent years, the Purse Seine category 

has not landed any bluefin tuna and 75 

percent of the Purse Seine quota has 

been transferred to the Reserve category, 

which typically is then transferred to 

the General category (this is a 

simplification for the purposes of this 

analysis, Reserve category quota can be 

transferred to any other category after 

consideration of regulatory criteria). The 

remaining 25 percent of Purse Seine 

category quota is available for leasing to 

Atlantic Tunas Longline permit holders 

under the IBQ Program. The following 

quota category amounts assume the 

174.2 mt is transferred to the General 

category (75 percent of the purse seine 

quota) and 58.1 mt is available to the 

pelagic longline fishery (25 percent of 

the purse seine quota). Revenues in each 

category are as follows: General 

category: $9.3 million (762.1 mt * $5.55/ 

lb); Harpoon category: $660,289 (48.7 mt 

* $6.15/lb); Purse Seine category: $0 

million (0 mt * $3.21/lb); Longline 

category: $2.3 million (227.2 mt * $4.52/ 

lb); and Trap category: $10,556 (1.2 mt 

* $3.99/lb). 

Using the above methodology, the 

current baseline subquotas under 

Alternative A1 could result in estimated 

gross revenues of $11.6 million 

annually, if finalized and fully utilized, 

broken out by category. The following 

quota category amounts assume the 

164.5 mt is transferred to the General 

category (75 percent of the purse seine 

quota) and 55 mt is available to the 

pelagic longline fishery (25 percent of 

the purse seine quota). Revenues in each 

category are as follows: General 

category: $8.8 million (720.2 mt * $5.55/ 

lb); Harpoon category: $623,690 (46 mt 

* $6.15/lb); Purse Seine category: $0 (0 

mt * $3.21/lb); Longline category: $2.2 

million (218.6 mt * $4.52/lb); and Trap 

category: $10,556 (1.2 mt * $3.99/lb). 

Note that these revenues are likely an 

underestimation for the General and 

Harpoon categories, which typically 

receive additional quota from the 

Reserve category (i.e., from the baseline 

Reserve subquota, and from the up to 10 

percent of the U.S. baseline quota that 

could be carried forward from the 

previous year’s underharvest). These 

revenues are likely an overestimation 

for the Longline and Trap categories, 

which do not typically land their entire 

quotas allocated for incidental bluefin 

tuna catch. For comparison, in 2021, 

gross revenues were approximately 

$12.0 million, broken out by category as 

follows: General—$10.5 million, 

Harpoon—$755,924, Purse Seine—$0, 

Longline—$753,067, and Trap—$0. 

No affected entities would be 

expected to experience negative 

economic impacts as a result of this 

action. On the contrary, each of the 

bluefin tuna quota categories would 

increase relative to the baseline quotas 

that applied in prior years, and thus 

economic impacts would be expected to 

be positive. 

To estimate the potential average exvessel revenues for each permit holder 

that could result from this action for 

bluefin tuna, NMFS divided the 

potential annual gross revenues for the 

General, Harpoon, Purse Seine, and 

Trap category by the number of permit 

holders. For the Longline category, 

NMFS divided the potential annual 

gross revenues by the number of permit 

holders that are IBQ share recipients. 

This is an appropriate approach for 

bluefin tuna fisheries, in particular, 

because available landings data (weight 

and ex-vessel value of the fish in priceper-pound) allow NMFS to calculate the 

gross revenue earned by a permit holder 

on a successful trip. The available data 

(particularly from non-Longline permit 

holders) do not, however, allow NMFS 

to calculate the effort and cost 

associated with each successful trip 

(e.g., the cost of gas, bait, ice, etc.), so 

net revenue for each permit holder 

cannot be calculated. As a result, NMFS 

analyzes the average impact of the 

proposed alternatives among all permit 

holders in each category using gross 

revenues. The potential annual gross 

revenues reflect the analysis above, in 

which the Purse Seine category quota 

was divided among the General and 

Longline categories. 

Success rates for catching and landing 

bluefin tuna vary widely across permit 

holders in each category (due to extent 

of vessel effort and availability of 

commercial-sized bluefin tuna to permit 

holders where they fish), but for the 

sake of estimating potential revenues 

per permit holder, category-wide 

revenues can be divided by the number 

of permits in each category. For the 

Longline fishery, category-wide revenue 

is divided by the number of permits that 

received IBQ shares to determine 

potential revenue per the 136 permit 

holders that are IBQ share recipients, as 

indicated below, and actual revenues 

would depend, in part, on each permit 

holder’s IBQ in 2022. It is unknown 

what portion of HMS Charter/Headboat 

permit holders actively participate in 

the bluefin tuna fishery. HMS Charter/ 

Headboat vessels may fish commercially 

under the General category quota and 

retention limits. Therefore, NMFS is 

estimating potential General category 

ex-vessel revenue changes using the 

number of General category permit 

holders only. 

Estimated potential 2022 bluefin tuna 

revenues on a per permit holder basis 

under Alternative A1, the no action 

alternative, considering the number of 

permit holders and estimated gross 

revenues listed above, under the current 

subquotas, could be $3,228 for the 

General category permit holders; 

$17,819 for the Harpoon category permit 

holders; $0 for the Purse Seine category 

(no active vessels); $16,010 for the 

Longline category (using 136 IBQ share 

recipients); and $5,279 for the Trap 

category permit holders. Estimated 

potential 2022 bluefin tuna revenues on 

a per permit holder basis under the 

preferred alternative, considering the 

number of permit holders and estimated 

gross revenues listed above and the 

proposed subquotas, could be $3,407 for 

the General category permit holders; 

$18,865 for the Harpoon category permit 

holders; $0 for the Purse Seine category 

(no active vessels); $16,912 for the 

Longline category (using 136 IBQ share 

recipients); and $5,279 for the Trap 

category permit holders. 

As noted above, there are no active 

purse seine vessels landing bluefin tuna, 

but Purse Seine category participants do 

lease bluefin tuna quota to Atlantic 

Tunas Longline permit holders under 

the IBQ Program. As described in Draft 

Amendment 13, the recent lease price 

for Purse Seine category quota is $1.25/ 

lb. Under Alternative A1, if the full 55 

mt of Purse Seine quota were leased to 

the Longline category, revenue for Purse 

Seine category participants would be 

$151,568, or $30,314 per participant 

($151,568/5 participants). Under 

Alternative A2, if the full 58.1 mt of 

Purse Seine quota were leased to the 

Longline category, revenue for Purse 

Seine category participants would be 

$160,111, or $32,022 per participant. 

Because the directed commercial 

categories have underharvested their 

subquotas in recent years, the potential 

increases in ex-vessel revenues under 

both alternatives likely overestimate the 

probable economic impacts to permit 

holders in those categories relative to 

recent conditions. Additionally, there 

has been substantial interannual 

variability in ex-vessel revenues in each 

category in recent years, due to recent 

changes in bluefin tuna availability and 

other factors. Overall, because the U.S. 


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quota has not been fully harvested in 

recent years and because the increase in 

quota under Alternative A2 is relatively 

minor, the expected economic impacts 

on individual permit holders as a result 

of this action is minor. 

For northern albacore, NMFS 

analyzed three alternatives. Alternative 

B1, the no action alternative, would 

maintain the current U.S. baseline 

northern albacore quota of 632.4 mt. 

Alternative B2 would implement the 

2021 northern albacore ICCAT 

recommendation that increased the 

annual U.S. baseline northern albacore 

quota to 711.5 mt. Alternative B3 would 

implement the 2021 ICCAT 

recommendation for northern albacore 

by establishing an annual baseline quota 

of 711.5 mt (the same level as in 

Alternative B2 for 2022) and would 

analyze and anticipate implementation 

of subsequent quotas set consistent with 

the management procedure’s harvest 

control rule, with a maximum of 950 mt, 

consistent with the process set out in 

Recommendation 21–04. This quota 

would be adjusted annually for 

overharvest and underharvest consistent 

with existing regulations and ICCAT 

recommendations. 

NMFS does not subdivide the U.S. 

northern albacore quota into category 

subquotas. The most recent ex-vessel 

average price per pound information is 

used to estimate potential ex-vessel 

gross revenues. Potential annual gross 

revenues are divided by the total 

number of Atlantic tunas or Atlantic 

HMS permit holders that are authorized 

to retain and sell northern albacore, 

however, note that not all permit 

holders will sell northern albacore each 

year. As described for bluefin tuna, this 

analysis excludes HMS Charter/ 

Headboat permit holders and includes 

the 136 Atlantic Tunas Longline permit 

holders that received IBQ shares. In 

addition, trap category permit holders 

cannot retain northern albacore. The 

total number of permit holders that 

would potentially land northern 

albacore is 2,901 (2,730 in the Atlantic 

Tunas General category; 35 in the 

Atlantic Tunas Harpoon category; 136 in 

the Atlantic Tunas Longline category 

(IBQ share recipients)). If the entire 

quota is harvested under Alternative B1, 

the no action alternative, estimated 

annual gross revenues would be $1.75 

million (632.4 mt ww/1.25 * $1.57/lb 

dw) and average annual revenue across 

all permit holders would be $604 ($1.75 

million/2,901 permit holders). If the 

entire quota is harvested under 

Alternative B2, estimated annual gross 

revenues would be $1.97 million (711.5 

mt ww/1.25 * $1.57/lb dw) and average 

annual revenue across all permit 

holders would be $679 ($1.97 million/ 

2,901 permit holders). If the entire 

maximum quota is harvested under 

Alternative B3, the preferred alternative, 

estimated annual gross revenues would 

be $2.63 million (950 mt ww/1.25 * 

$1.57/lb dw) and average annual 

revenue across all permit holders would 

be $907 ($2.63 million/2,901 permit 

holders). In the short-term, Alternative 

B3 would set the same quota and 

produce the same estimated revenue as 

Alternative B2. 

Because the directed commercial 

fishery has underharvested the quota in 

recent years, the potential increases in 

ex-vessel revenues under the three 

analyzed alternatives likely 

overestimate the probable economic 

impacts relative to recent conditions. 

Additionally, there has been substantial 

interannual variability in ex-vessel 

revenues in recent years, due to recent 

changes in northern albacore 

availability and other factors. Overall, 

because the U.S. quota has not been 

fully harvested in recent years and 

because the increase in quota under 

Alternative B3 is relatively minor, the 

expected economic impacts on 

individual permit holders as a result of 

this action is minor. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Statistics, Treaties. 

Dated: February 28, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 635 is proposed 

to be amended as follows: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 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. 

■ 2. In § 635.27, revise paragraphs (a) 

introductory text, (a)(1)(i), (a)(2), (a)(3), 

(a)(4)(i), (a)(5), (a)(7)(i), (a)(7)(ii), and 

(e)(1) to read as follows: 

§ 635.27 Quotas. 

(a) Bluefin tuna. Consistent with 

ICCAT recommendations, and with 

paragraph (a)(10)(iv) of this section, 

NMFS may subtract the most recent, 

complete, and available estimate of dead 

discards from the annual U.S. bluefin 

tuna quota, and make the remainder 

available to be retained, possessed, or 

landed by persons and vessels subject to 

U.S. jurisdiction. The remaining 

baseline annual U.S. bluefin tuna quota 

will be allocated among the General, 

Angling, Harpoon, Purse Seine, 

Longline, Trap, and Reserve categories, 

as described in this section. Bluefin 

tuna quotas are specified in whole 

weight. The baseline annual U.S. 

bluefin tuna quota is 1,316.14 mt, not 

including an additional annual 25-mt 

allocation provided in paragraph (a)(3) 

of this section. The bluefin quota for the 

quota categories is calculated through 

the following process. First, 68 mt is 

subtracted from the baseline annual U.S. 

bluefin tuna quota and allocated to the 

Longline category quota. Second, the 

remaining quota is divided among the 

categories according to the following 

percentages: General—47.1 percent 

(587.9 mt); Angling—19.7 percent (245.9 

mt), which includes the school bluefin 

tuna held in reserve as described under 

paragraph (a)(7)(ii) of this section; 

Harpoon—3.9 percent (48.7 mt); Purse 

Seine—18.6 percent (232.2 mt); 

Longline—8.1 percent (101.1) plus the 

68-mt allocation (i.e., 169.1 mt total not 

including the 25-mt allocation from 

paragraph (a)(3)); Trap—0.1 percent (1.2 

mt); and Reserve—2.5 percent (31.2 mt). 

NMFS may make inseason and annual 

adjustments to quotas as specified in 

paragraphs (a)(9) and (10) of this 

section, including quota adjustments as 

a result of the annual reallocation of 

Purse Seine quota described under 

paragraph (a)(4)(v) of this section. 

(1) * * * 

(i) Catches from vessels for which 

General category Atlantic Tunas permits 

have been issued and certain catches 

from vessels for which an HMS Charter/ 

Headboat permit has been issued are 

counted against the General category 

quota in accordance with § 635.23(c)(3). 

Pursuant to paragraph (a) of this section, 

the amount of large medium and giant 

bluefin tuna that may be caught, 

retained, possessed, landed, or sold 

under the General category quota is 

587.9 mt, and is apportioned as follows, 

unless modified as described under 

paragraph (a)(1)(ii) of this section: 

(A) January 1 through the effective 

date of a closure notice filed by NMFS 

announcing that the January subquota is 

reached, or projected to be reached 

under § 635.28(a)(1), or through March 

31, whichever comes first—5.3 percent 

(31.2 mt); 

(B) June 1 through August 31—50 

percent (293.9 mt); 


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(C) September 1 through September 

30—26.5 percent (155.8 mt); 

(D) October 1 through November 30— 

13 percent (76.4 mt); and 

(E) December 1 through December 

31—5.2 percent (30.6 mt). 

* * * * * 

(2) Angling category quota. In 

accordance with the framework 

procedures of the Consolidated HMS 

FMP, prior to each fishing year, or as 

early as feasible, NMFS will establish 

the Angling category daily retention 

limits. In accordance with paragraph (a) 

of this section, the total amount of 

bluefin tuna that may be caught, 

retained, possessed, and landed by 

anglers aboard vessels for which an 

HMS Angling permit or an HMS 

Charter/Headboat permit has been 

issued is 245.9 mt. No more than 2.3 

percent (5.7 mt) of the annual Angling 

category quota may be large medium or 

giant bluefin tuna. In addition, no more 

than 10 percent of the annual U.S. 

bluefin tuna quota, inclusive of the 

allocation specified in paragraph (a)(3) 

of this section, may be school bluefin 

tuna (i.e., 134.1 mt). The Angling 

category quota includes the amount of 

school bluefin tuna held in reserve 

under paragraph (a)(7)(ii) of this section. 

The size class subquotas for bluefin tuna 

are further subdivided as follows: 

(i) After adjustment for the school 

bluefin tuna quota held in reserve 

(under paragraph (a)(7)(ii) of this 

section), 52.8 percent (57.7 mt) of the 

school bluefin tuna Angling category 

quota may be caught, retained, 

possessed, or landed south of 39°18′ N 

lat. The remaining school bluefin tuna 

Angling category quota (51.6 mt) may be 

caught, retained, possessed or landed 

north of 39°18′ N lat. 

(ii) An amount equal to 52.8 percent 

(56 mt) of the large school/small 

medium bluefin tuna Angling category 

quota may be caught, retained, 

possessed, or landed south of 39°18′ N. 

lat. The remaining large school/small 

medium bluefin tuna Angling category 

quota (50.1 mt) may be caught, retained, 

possessed or landed north of 39°18′ N 

lat. 

(iii) One third (1.9 mt) of the large 

medium and giant bluefin tuna Angling 

category quota may be caught retained, 

possessed, or landed, in each of the 

three following geographic areas: North 

of 39°18′ N lat.; south of 39°18′ N lat., 

and outside of the Gulf of Mexico; and 

in the Gulf of Mexico. For the purposes 

of this section, the Gulf of Mexico 

region includes all waters of the U.S. 

EEZ west and north of the boundary 

stipulated at 50 CFR 600.105(c). 

(3) Longline category quota. Pursuant 

to paragraph (a) of this section, the total 

amount of large medium and giant 

bluefin tuna that may be caught, 

discarded dead, or retained, possessed, 

or landed by vessels that possess 

Atlantic Tunas Longline category 

permits is 169.1 mt. In addition, 25 mt 

shall be allocated for incidental catch by 

pelagic longline vessels fishing in the 

Northeast Distant gear restricted area, 

and subject to the restrictions under 

§ 635.15(b)(8). 

(4) * * * 

(i) Baseline Purse Seine quota. 

Pursuant to paragraph (a) of this section, 

the baseline amount of large medium 

and giant bluefin tuna that may be 

caught, retained, possessed, or landed 

by vessels that possess Atlantic Tunas 

Purse Seine category permits is 232.2 

mt, unless adjusted as a result of 

inseason and/or annual adjustments to 

quotas as specified in paragraphs (a)(9) 

and (10) of this section; or adjusted 

(prior to allocation to individual 

participants) based on the previous 

year’s catch as described under 

paragraph (a)(4)(v) of this section. 

Annually, NMFS will make a 

determination when the Purse Seine 

fishery will start, based on variations in 

seasonal distribution, abundance or 

migration patterns of bluefin tuna, 

cumulative and projected landings in 

other commercial fishing categories, the 

potential for gear conflicts on the fishing 

grounds, or market impacts due to 

oversupply. NMFS will start the bluefin 

tuna purse seine season between June 1 

and August 15, by filing an action with 

the Office of the Federal Register, and 

notifying the public. The Purse Seine 

category fishery closes on December 31 

of each year. 

* * * * * 

(5) Harpoon category quota. The total 

amount of large medium and giant 

bluefin tuna that may be caught, 

retained, possessed, landed, or sold by 

vessels that possess Harpoon category 

Atlantic Tunas permits is 48.7 mt. The 

Harpoon category fishery commences on 

June 1 of each year, and closes on 

November 15 of each year. 

* * * * * 

(7) * * * 

(i) The total amount of bluefin tuna 

that is held in reserve for inseason or 

annual adjustments and research using 

quota or subquotas is 31.2 mt, which 

may be augmented by allowable 

underharvest from the previous year, or 

annual reallocation of Purse Seine 

category quota as described under 

paragraph (a)(4)(v) of this section. 

Consistent with paragraphs (a)(8) 

through (10) of this section, NMFS may 

allocate any portion of the Reserve 

category quota for inseason or annual 

adjustments to any fishing category 

quota. 

(ii) The total amount of school bluefin 

tuna that is held in reserve for inseason 

or annual adjustments and fisheryindependent research is 18.5 percent 

(24.8 mt) of the total school bluefin tuna 

Angling category quota as described 

under paragraph (a)(2) of this section. 

This amount is in addition to the 

amounts specified in paragraph (a)(7)(i) 

of this section. Consistent with 

paragraph (a)(8) of this section, NMFS 

may allocate any portion of the school 

bluefin tuna Angling category quota 

held in reserve for inseason or annual 

adjustments to the Angling category. 

* * * * * 

(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 711.5 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. 2022–04542 Filed 3–4–22; 8:45 am] 

BILLING CODE 3510–22–P 


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