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[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Rules and Regulations]
[Pages 2638-2640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00625]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XE544]

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 2025 subquota to 
the January through March 2025 subquota period. The adjusted General 
category January through March 2025 subquota is 58.2 mt. This action is 
intended to provide further harvest opportunities for General category 
fishermen, based on consideration of the regulatory determination 
criteria regarding inseason adjustments and applies to Atlantic Tunas 
General category (commercial) permitted vessels and Atlantic Highly 
Migratory Species (HMS) Charter/Headboat permitted vessels with a 
commercial sale endorsement when fishing commercially for BFT.

DATES: The quota transfer is effective January 8, 2025, through March 
31, 2025.

FOR FURTHER INFORMATION CONTACT: Anna Quintrell 
([email protected]) or Larry Redd, Jr. ([email protected]) by 
email or by phone at 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the 
2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments, 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with 
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). ATCA 
is the implementing statute for binding recommendations of the 
International Commission for the Conservation of Atlantic Tunas. HMS 
implementing regulations are at 50 CFR part 635. Section 635.27(a) 
divides the U.S. BFT quota, established by the International Commission 
for the Conservation of Atlantic Tunas (ICCAT) and as implemented by 
the United

[[Page 2639]]

States among the various domestic fishing categories, per the 
allocations established in the 2006 Consolidated HMS FMP and its 
amendments. NMFS is required under the Magnuson-Stevens Act at 16 
U.S.C. 1854(g)(1)(D) to provide U.S. fishing vessels with a reasonable 
opportunity to harvest quotas under relevant international fishery 
agreements such as the ICCAT Convention, which is implemented 
domestically pursuant to ATCA.
    As described in Sec.  635.27(a), the current baseline U.S. BFT 
quota is 1,316.14 mt (not including the 25 mt ICCAT allocated to the 
United States to account for bycatch of BFT in pelagic longline 
fisheries in the Northeast Distant Gear Restricted Area). The baseline 
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 2025 Subquota to the January Through March 
2025 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 2025 General category December 
time period subquota to the 2025 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 (37.0 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 2025 time period subquota of 58.2 mt and an adjusted December 
2025 subquota of 16.5 mt. The General category fishery will remain open 
until March 31, 2025, or until the adjusted January through March 2025 
time period subquota 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 (Sec.  
635.27(a)(7)). These criteria include, but are not limited to, the 
following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(7)(i)), biological samples 
collected from BFT landed by General category fishermen and provided by 
BFT dealers continue to provide NMFS with valuable parts and data for 
ongoing scientific studies of BFT age and growth, migration, and 
reproductive status. Additional opportunity to land BFT in the General 
category during the January-March time period would support the 
continued collection of a broad range of data for these studies and for 
stock monitoring purposes.
    NMFS also considered the catches of the General category 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)), as well as daily landing trends and the 
availability of BFT on fishing grounds (Sec.  635.27(a)(7)(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 until 
the next time period begins in June, even though 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 
the current time period's subquota.
    Regarding the projected ability of the vessels fishing under the 
General category to harvest the additional amount of BFT quota 
transferred before the end of the fishing year (Sec.  
635.27(a)(7)(iii)), NMFS considered General category landings over the 
last several years and landings to date this year. Landings are highly 
variable and depend on access to commercial-sized BFT and fishing 
conditions, among other factors. NMFS may adjust each time period's 
subquota based on overharvest or underharvest in the prior time period 
and may transfer subquota from one time period to another time period. 
By allowing for the current quota transfer, NMFS anticipates that the 
General category quota would be used before the end of the fishing 
year. Thus, this quota transfer would allow General category fishermen 
to take advantage of the availability of BFT on the fishing grounds and 
provide a reasonable opportunity to harvest the available U.S. BFT 
quota.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the fishery might be exceeded (Sec.  
635.27(a)(7)(iv)) and the ability to account for all 2025 landings and 
dead discards (Sec.  635.27(a)(7)(xi)). In the last several years, the 
total U.S. BFT landings have typically been below the available U.S. 
quota such that the United States has carried forward the maximum 
amount of underharvest allowed by ICCAT from one year to the next. NMFS 
will need to account for 2025 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

[[Page 2640]]

providing opportunities equitably across all time periods.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Per Sec.  
635.5(b)(2)(i)(A), dealers are required to submit landing reports 
within 24 hours of a dealer receiving BFT. Late reporting by dealers 
compromises NMFS' ability to timely implement actions such as quota and 
retention limit adjustments, as well as closures, and may result in 
enforcement actions. Additionally, and separate from the dealer 
reporting requirement, General and HMS Charter/Headboat category vessel 
owners are required per Sec.  635.27(a)(4) to report their own catch of 
all BFT retained or discarded dead within 24 hours of the landing(s) or 
end of each trip, by accessing https://hmspermits.noaa.gov by using the 
HMS Catch Reporting app, by using other apps approved by NMFS for HMS 
reporting, or calling (888) 872-8862 (Monday through Friday from 8 a.m. 
until 4:30 p.m.).
    Depending on the level of fishing effort and catch rates of BFT, 
NMFS may determine that additional adjustments are necessary to ensure 
available quota is not exceeded or to enhance scientific data 
collection from, and fishing opportunities in, all geographic areas. If 
needed, subsequent adjustments will be published in the Federal 
Register. In addition, fishermen may access https://hmspermits.noaa.gov, for updates on quota monitoring and inseason 
adjustments.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635 and 
this action is exempt from review under Executive Order 12866.
    The Assistant Administrator for NMFS (AA) finds that pursuant to 5 
U.S.C. 553(b)(B), there is good cause to waive prior notice and 
opportunity to provide comment on this action, as notice and comment 
would be impracticable and contrary to the public interest. 
Specifically, the regulations implementing the 2006 Consolidated HMS 
FMP and amendments provide for inseason adjustments and quota transfers 
to respond to the unpredictable nature of BFT availability on the 
fishing grounds, the migratory nature of this species, and the regional 
variations in the BFT fishery. Providing prior notice and opportunity 
for public comment is impracticable and contrary to the public interest 
as this fishery is currently underway. 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. Additionally, 
a delay in implementing this transfer would preclude the fishery from 
harvesting BFT that are currently available on the fishing grounds and 
that might otherwise become unavailable. This action does not raise 
conservation and management concerns and would support effective 
management of the BFT fishery. Transferring quota from the General 
category December time period to the General category January through 
March time period does not affect the overall ICCAT-allocated U.S. BFT 
quota. NMFS notes that the public had an opportunity to comment on the 
underlying rulemakings that established the U.S. BFT quota and the 
inseason adjustment criteria.
    For all of the above reasons, the AA finds that pursuant to 5 
U.S.C. 553(d), there is good cause to waive the 30-day delay in 
effective date.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: January 8, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2025-00625 Filed 1-8-25; 4:15 pm]
BILLING CODE 3510-22-P
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