[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Rules and Regulations]
[Pages 33049-33056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11722]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0119]
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: Final rule.

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SUMMARY: In this final rule, NMFS modifies the baseline annual U.S. 
quota and subquotas for Atlantic bluefin tuna and the baseline annual 
U.S. North Atlantic albacore tuna (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). NMFS also adjusts the 2022 bluefin tuna Reserve category 
quota and the 2022 baseline northern albacore quota to account for 
available underharvest from 2021, consistent with the Atlantic tunas 
quota regulations. NMFS further recalculates the bluefin tuna Purse 
Seine and Reserve category quotas that were announced earlier this 
year, to reflect the quotas in this final rule.

DATES: This final rule is effective on July 1, 2022.

ADDRESSES: Copies of this final 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 
<a href="/cdn-cgi/l/email-protection#e98a889b9b808cc79a86859d8887868f8fa987868888c78e869f"><span class="__cf_email__" data-cfemail="87e4e6f5f5eee2a9f4e8ebf3e6e9e8e1e1c7e9e8e6e6a9e0e8f1">[email protected]</span></a> or 301-427-8503.

FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff 
(<a href="/cdn-cgi/l/email-protection#b5d6d4c7c7dcd09bc6dad9c1d4dbdad3d3f5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="6c0f0d1e1e0509421f0300180d02030a0a2c02030d0d420b031a">[email protected]</span></a>), Larry Redd, Jr. (<a href="/cdn-cgi/l/email-protection#cba7aab9b9b2e5b9aeafaf8ba5a4aaaae5aca4bd"><span class="__cf_email__" data-cfemail="2f434e5d5d56015d4a4b4b6f41404e4e01484059">[email protected]</span></a>), or 
Steve Durkee (<a href="/cdn-cgi/l/email-protection#f28186978497dc968780999797b29c9d9393dc959d84"><span class="__cf_email__" data-cfemail="0b787f6e7d6e256f7e79606e6e4b65646a6a256c647d">[email protected]</span></a>) at 301-427-8503.

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(a) 
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 
635.27(e) implements the ICCAT-recommended U.S. northern albacore quota 
and provides the annual northern albacore quota adjustment process.
    Background information about the need to modify the baseline annual 
U.S. quota and subquotas for Atlantic bluefin tuna and the baseline 
annual U.S. northern albacore quota was provided in the preamble to the 
proposed rule (87 FR 12648, March 7, 2022) and most of that background 
information is not repeated here. The comment period for the proposed 
rule closed on April 6, 2022. NMFS received one written comment and did 
not receive any oral comments at a public webinar. The comment 
received, and the response to that comment, is summarized below in the 
Response to Comments section.
    Consistent with the regulations regarding annual bluefin tuna and 
northern albacore quota adjustment, NMFS annually announces the 
addition of available underharvest, if any, to the bluefin tuna Reserve 
category and to the northern albacore quota in a Federal Register 
notice once catch (landings and dead discards) information is 
available. Preliminary data have become available to NMFS since 
publication of the proposed rule. These preliminary data do not 
necessarily represent the complete and quality-controlled catch data 
that will become available later in the year and that will be submitted 
to ICCAT for 2021. However, NMFS anticipates that any changes in the 
data as a result of this additional analysis would be minor and would 
not change the amount of allowable carryover into 2022 for either 
bluefin tuna or northern albacore. Notice of the quota adjustment for 
2021 underharvest is included in this final rule to provide the 
regulated community with information about the adjusted quota balances.
    NMFS has prepared an Environmental Assessment (EA), Regulatory 
Impact Review (RIR), and Final Regulatory Flexibility Analysis (FRFA), 
which analyze the anticipated environmental, social, and economic 
impacts of several alternatives for each of the major issues contained 
in this final rule. A summary of the analyses is provided below. The 
full list of alternatives and their analyses are provided in the final 
EA/RIR/FRFA and are not repeated here.

[[Page 33050]]

    A copy of the final EA/RIR/FRFA prepared for this final rule is 
available from NMFS (see ADDRESSES).

Bluefin Tuna Annual Quota and Subquotas

Quotas and Domestic Allocations

    Under ICCAT Recommendation 21-07, adopted at the November 2021 
ICCAT meeting, the annual U.S. bluefin tuna 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 in the 2018 quota rule 
(83 FR 51391, October 11, 2018). All total allowable catch (TAC), 
quota, and weight information provided in this action are whole weight 
(ww) amounts.
    This action implements 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 is 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. This amount was first provided through 
Amendment 7 to the 2006 Consolidated HMS FMP to facilitate the 
category's ability to account for both landings and dead discards 
within the quota, consistent with the historical separate dead discard 
allocation. 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 will be 
codified at Sec.  635.27(a) when this final rule becomes effective and 
will remain in effect until changed. Within the bluefin tuna quota 
implemented in this action and consistent with the ICCAT-recommended 
limit on the harvest of school bluefin tuna (measuring 27 to less than 
47 inches curved fork length), the school bluefin tuna subquota is 
134.1 mt. The 25-mt NED allocation is in addition to these subquotas.
    The table below shows the quotas and subquotas that result from 
applying this process, using the current subquota formula and 
regulations. In May 2021, NMFS published a proposed rule for Draft 
Amendment 13 to the 2006 Consolidated HMS FMP (86 FR 27686, May 21, 
2021) that proposed modifications to the category quotas. At the time 
of this rulemaking, NMFS has not yet issued a final rule for Amendment 
13, and the quotas and subquotas in Table 1 are not affected by 
Amendment 13 at this time.

                                  Table 1--Annual Atlantic Bluefin Tuna Quotas
                                                [In metric tons]
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Category                                        Annual                          Subquotas
                                              baseline
                                                 quota
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General...............................           587.9
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                                                        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
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                                                        School..................           134.1
                                                        Reserve.................  ..............            24.8
                                                        North of 39[deg]18' N     ..............            51.6
                                                         lat.                     ..............            57.7
                                                        South of 39[deg]18' N
                                                         lat.
                                                        Large School/Small                 106.1
                                                         Medium.                  ..............            50.1
                                                        North of 39[deg]18' N     ..............            56.0
                                                         lat.
                                                        South of 39[deg]18' N
                                                         lat.
                                                        Trophy..................             5.7
                                                        North of 39[deg]18' N     ..............             1.9
                                                         lat.                     ..............             1.9
                                                        South of 39[deg]18' N     ..............             1.9
                                                         lat.
                                                        Gulf of Mexico..........
Reserve...............................            31.2
U.S. Baseline Quota...................    \2\ 1,316.14
                                       -------------------------------------------------------------------------
    Total U.S. Quota, including 25 mt     \2\ 1,341.14
     for NED (Longline).
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\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.
\2\ Totals subject to rounding error.

    In addition to the final 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 finalized here.

[[Page 33051]]

Recalculation of Quota Available to Atlantic Tunas Purse Seine Category 
and Reserve Category

    Pursuant to Sec.  635.27(a)(4), NMFS annually determines the amount 
of quota available to the Atlantic Tunas Purse Seine category 
participants, based on their bluefin tuna catch (landings and dead 
discards) in the prior year, and reallocates the remainder to the 
Reserve category. Because this action increases the U.S. baseline quota 
and subquotas, NMFS also recalculates the 2022 Purse Seine and Reserve 
category quotas in this final rule. NMFS previously announced that 55 
mt were available to the Purse Seine category for 2022, and the amount 
of Purse Seine category quota to be reallocated to the Reserve category 
was 164.5 mt (219.5 mt less 55 mt available to the Purse Seine 
category) (87 FR 5737, February 2, 2022). To account for the ICCAT 
quota increase addressed in this rule, NMFS first adjusts the 2022 
Purse Seine category quota to reflect the ICCAT quota increase. As a 
result, the baseline Purse Seine category quota initially increases by 
12.7 mt to 232.2 mt. NMFS then recalculates the amounts of quota 
available to individual Purse Seine category participants for 2022 
using the revised baseline Purse Seine category quota (232.2 mt). As a 
result of this recalculation, 58 mt are available overall for Purse 
Seine category participants in 2022, based on the cumulative amounts 
available to individual participants under the regulations at Sec.  
635.27(a)(4)(v). NMFS will notify Purse Seine category participants of 
the adjusted amount of quota available for their use in 2022 through 
the Individual Bluefin Quota (IBQ) electronic system and in writing.
    The remaining 174.2 mt (232.2 mt less 58 mt available to the Purse 
Seine category) is added to the 2022 Reserve category quota. This final 
rule also increases the baseline annual Reserve category quota by 1.7 
mt from 29.5 mt to 31.2 mt based on the ICCAT baseline quota increase 
and the existing Reserve category quota percentage. Thus, the 
recalculated 2022 Reserve category quota is: 29.5 mt (current baseline) 
+ 1.7 mt (reflecting ICCAT baseline quota increase) + 174.2 mt 
(transfer to Reserve following Purse Seine adjustments reflecting ICCAT 
baseline quota increase), for a total of 205.4 mt. The 2022 Reserve 
category quota is further adjusted from this recalculated total as 
described below.

Adjustment of the 2022 Bluefin Tuna Reserve Category Quota for 
Underharvest

    Consistent with the regulations regarding annual bluefin tuna quota 
adjustment at Sec.  635.27(a), NMFS annually announces the addition of 
available underharvest, if any, to the bluefin tuna Reserve category, 
after catch information is available. Under ICCAT Recommendation 17-06, 
as implemented in the U.S. quota adjustment regulations at Sec.  
635.27(a)(10), the maximum underharvest that a Contracting Party may 
carry forward from one year to the next is 10 percent of its initial 
catch quota, which, for the United States, was 127.29 mt for 2021 (10 
percent of 1,272.86 mt).
    For 2022, NMFS is carrying forward the full, allowable 127.29 mt. 
In 2021, the adjusted bluefin tuna quota was 1,400.15 mt (baseline 
quota of 1,272.86 mt + 127.29 mt of 2020 underharvest carried over to 
2021 (86 FR 54659, October 4, 2021)). The total 2021 bluefin tuna 
catch, including landings and dead discards, was 1,184.5 mt, which is 
an underharvest of 215.65 mt from the 2021 adjusted quota and which 
exceeds the allowable carryover of 127.29 mt. When carrying over 
underharvest from one year to the next, NMFS uses the underharvest to 
augment the bluefin tuna Reserve category quota. Thus, for 2022, NMFS 
augments the Reserve category quota with the allowable carryover of 
127.29 mt.
    Effective January 28, 2022, NMFS transferred 26 mt of Reserve 
category quota to the General category (87 FR 5737, February 2, 2022). 
Thus, the adjusted 2022 Reserve category quota as of the effective date 
of this action is: 29.5 mt (current baseline) + 1.7 mt (reflecting 
ICCAT baseline quota increase) + 174.2 mt (transfer to Reserve 
following Purse Seine adjustments reflecting ICCAT baseline quota 
increase)-26 mt (January quota transfer) + 127.29 mt (underharvest 
carryover in this action), for a total of 306.69 mt.

Northern Albacore Annual Quota

Domestic Quota

    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, 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 modifies the baseline annual U.S. northern albacore quota 
from 632.4 mt, as established in the 2018 quota rule, to 711.5 mt. The 
associated EA for this action also analyzes the effects of three-year 
annual quotas of up to 950 mt, where the quota is set through 
application of the harvest control rule within Recommendation 21-04's 
northern albacore management procedure. 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 
represents an increase of approximately 32 percent 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 anticipates 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.
    In addition to the final 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

[[Page 33052]]

two alternatives and the preferred alternative finalized here.

Adjustment of the 2022 Northern Albacore Quota

    Consistent with regulations at Sec.  635.27(e), NMFS adjusts the 
U.S. annual northern albacore quota for allowable underharvest, if any, 
in the previous year. NMFS makes such adjustments consistent with ICCAT 
carryover limits when catch information for the prior year is 
available. Under ICCAT Recommendation 21-04, the maximum underharvest 
that a Contracting Party may carry forward from one year to the next is 
25 percent of its initial catch quota, which, relevant to 2022, would 
be 177.9 mt for the United States (25 percent of 711.5 mt under 
Recommendation 20-04).
    In 2021, the adjusted northern albacore quota was 790.5 mt 
(baseline quota of 632.4 mt plus 158.1 mt of 2020 underharvest carried 
forward to 2021, based on 25 percent of the 632.4-mt quota in place for 
2020) (86 FR 54659, October 4, 2021). The total 2021 northern albacore 
landings were 272 mt, which is an underharvest of 518.5 mt of the 2021 
adjusted quota. Of this underharvest, 177.9 mt may be carried forward 
to the 2022 fishing year. Thus, the adjusted 2022 northern albacore 
quota is 711.5 mt plus 177.9 mt, for a total of 889.4 mt.

Response to Comments

    Written comments can be found at www.regulations.gov by searching 
for NOAA-NMFS-2022-0024. Below, NMFS summarizes and responds to the 
comment made specifically on the proposed rule during the comment 
period.
    Comment 1: A commenter suggested that, for conservation reasons, 
NMFS should reduce rather than increase the northern albacore and 
bluefin tuna overall quotas.
    Response: The western Atlantic bluefin tuna TAC adopted by ICCAT is 
consistent with the advice of ICCAT's scientific body, the Standing 
Committee on Research and Statistics (SCRS). For management in 2022 
under an interim conservation and management plan, ICCAT identified the 
selected TAC as precautionary, based on the results of the 2021 stock 
assessment, and as one 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. The northern albacore TAC resulted from the 
harvest control rule and management procedure adopted by ICCAT. The 
harvest control rule, management procedure, and resultant TAC support 
ICCAT's management objectives for the northern albacore stock, 
including to maintain the stock in the green quadrant of the Kobe plot 
(i.e., not overfished and not undergoing overfishing), with at least a 
60-percent probability, while maximizing long-term yield from the 
fishery. NMFS has determined that implementing the U.S. bluefin tuna 
and northern albacore baseline quotas is consistent with the ICCAT 
recommendations and NMFS' conservation and management obligations under 
the Magnuson-Stevens Act and ATCA to provide a reasonable opportunity 
to harvest the ICCAT-recommended quotas. Furthermore, ATCA prohibits 
NMFS from taking an action that ``may have the effect of increasing or 
decreasing any allocation or quota of fish or fishing mortality level'' 
set by ICCAT. 16 U.S.C. 971d(c)(3). NMFS is committed to the 
sustainable, science-based management of bluefin tuna and northern 
albacore, and is supportive of ICCAT's work toward adopting stock 
management recommendations using a management procedure for bluefin 
tuna, which ICCAT has recommended and has been adopted for northern 
albacore, to manage fisheries more effectively in the face of 
identified uncertainties. Reducing the quotas for either stock is not 
warranted from a conservation and management perspective.

Classification

    NMFS is issuing this rule pursuant to section 305(d) of the 
Magnuson-Stevens Act. The NMFS Assistant Administrator has determined 
that the final rule is consistent with the 2006 Consolidated HMS FMP 
and its amendments, other provisions of the Magnuson-Stevens Act, ATCA, 
and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    A Final Regulatory Flexibility Analysis (FRFA) was prepared for 
this rule. The FRFA incorporates the initial regulatory flexibility 
analysis (IRFA), a summary of the significant issues raised by the 
public comments in response to the IRFA, NMFS' responses to those 
comments, and a summary of the analyses completed to support the 
action. The full FRFA is available from NMFS (see ADDRESSES). A summary 
is provided below.
    Section 604(a)(1) of the Regulatory Flexibility Act (RFA) requires 
Agencies to state the need for, and objective of, the final action. The 
purpose of this rulemaking is, consistent with the 2006 Consolidated 
HMS FMP objectives, the Magnuson-Stevens Act, ATCA, and other 
applicable laws, 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. The objective of this rulemaking is to implement 
ICCAT recommendations consistent with ATCA and achieve domestic 
management objectives under the Magnuson-Stevens Act. See Section 1 of 
the EA for a full description of the need for and objectives of the 
final rule.
    Section 604(a)(2) of the RFA requires a summary of significant 
issues raised by the public in response to the IRFA, a summary of the 
agency's assessment of such issues, and a statement of any changes made 
as a result of the comments. NMFS received one comment on the proposed 
rule during the comment period. A summary of that comment and the 
Agency's response are described above. That comment did not refer to 
the IRFA or the economic impacts of the rule.
    Section 604(a)(3) of the RFA requires the response of the agency to 
any comments filed by the Chief Counsel for Advocacy of the Small 
Business Administration (SBA) in response to the proposed rule, and a 
detailed statement of any change made to the proposed rule in the final 
rule as a result of the SBA comments. NMFS did not receive comments 
from the Chief Counsel for Advocacy of the SBA in response to the 
proposed rule.
    Section 604(a)(4) of the RFA requires Agencies to provide 
descriptions of, and where feasible, 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

[[Page 33053]]

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 in total 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 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 some portion 
of the category's available bluefin tuna quota under regulations 
adopted in 2015. These participants may lease that quota to other 
category participants or pelagic longline vessels through 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 final 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, categorized as follows: 2,730 in the Atlantic 
Tunas General category; 35 in the Atlantic Tunas Harpoon category; 284 
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 284 
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 604(a)(5) of the RFA requires agencies to describe any new 
reporting, record-keeping, and other compliance requirements. This 
action does not contain any new collection of information, reporting, 
or record-keeping requirements.
    Section 604(a)(6) of the RFA requires Agencies to describe the 
steps the agency has taken to minimize the significant economic impact 
on small entities consistent with the stated objectives of applicable 
statutes, including a statement of the factual, policy, and legal 
reasons for selecting the alternative adopted in the final rule and why 
each one of the other significant alternatives to the rule considered 
by the agency which affect the impact on small entities was rejected.
    This rulemaking implements the recently adopted ICCAT-recommended 
U.S. bluefin tuna and northern albacore quotas and, for bluefin tuna, 
applies 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 rulemaking and provides rationales for identifying the preferred 
alternatives to achieve the desired objectives. The FRFA assumes that 
each permit holder will have similar catch and gross revenues to show 
the relative impact of the final action on permit holders.
    For bluefin tuna, NMFS analyzed a no action alternative, 
Alternative A1, which 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, which would increase the 
U.S. annual bluefin tuna quota, as described below.
    NMFS has estimated the average impact of establishing the increased 
annual U.S. baseline bluefin tuna quota for all domestic quota 
categories under the preferred alternative 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. In May 2021, NMFS published a proposed rule for Draft 
Amendment 13 to the 2006 Consolidated HMS FMP (86 FR 27686, May 21, 
2021) that proposed modifications to the category quotas. At the time 
of this rulemaking, NMFS has not yet issued a final rule for Amendment 
13, and Amendment 13 does not affect the measures in this action.
    To calculate the average ex-vessel bluefin tuna revenues under this 
action, NMFS first estimated potential category-wide revenues. The most 
recent ex-vessel average price per pound information for each 
commercial quota category is used to estimate potential ex-vessel gross 
revenues under the subquotas in this action (i.e., 2021 prices for the 
General, Harpoon, Longline/Trap categories, and 2015 prices for the 
Purse Seine category). The baseline subquotas in this action could 
result in estimated gross revenues of $12.3 million annually, if fully 
utilized. Note that in recent years, the Purse Seine category has not 
landed any bluefin tuna and has therefore been distributed 25 percent 
of the Purse Seine category quota. The remaining 75 percent of the 
Purse Seine category 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 Purse Seine category quota 
distributed to participants 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 leased to 
the pelagic longline fishery (25 percent of the purse seine quota). 
Potential revenues for each category are as follows: General category: 
$9.3 million (762.1 mt multiplied by $5.55/lb); Harpoon category: 
$660,289 (48.7 mt multiplied by $6.15/lb); Purse Seine category: $0 
million (0 mt multiplied by

[[Page 33054]]

$3.21/lb); Longline category: $2.3 million (227.2 mt multiplied by 
$4.52/lb); and Trap category: $10,556 (1.2 mt multiplied by $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 fully utilized. 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 leased to the pelagic 
longline fishery (25 percent of the purse seine quota). Potential 
revenues for each category are as follows: General category: $8.8 
million (720.2 mt multiplied by $5.55/lb); Harpoon category: $623,690 
(46 mt multiplied by $6.15/lb); Purse Seine category: $0 (0 mt 
multiplied by $3.21/lb); Longline category: $2.2 million (218.6 mt 
multiplied by $4.52/lb); and Trap category: $10,556 (1.2 mt multiplied 
by $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 to 
these revenue estimations, in 2021, gross revenues were approximately 
$12.0 million, broken out by category as follows: $10.5 million for the 
General category, $755,924 for the Harpoon category, $0 for the Purse 
Seine category, $753,067 for the Longline category, and $0 for the Trap 
category.
    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 ex-vessel 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 categories 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 price-per-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 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.
    Considering the number of permit holders and estimated gross 
revenues listed above, under the current subquotas, estimated potential 
2022 bluefin tuna revenues on a per permit holder basis under 
Alternative A1, the no action alternative, 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. Considering the number of 
permit holders and estimated gross revenues listed above and the 
subquotas in this action, estimated potential 2022 bluefin tuna 
revenues on a per permit holder basis under the preferred alternative 
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 through the IBQ 
Program system. As described in the FEIS for Amendment 13, the recent 
lease price for Purse Seine category quota is $1.08-$1.25/lb. Under 
Alternative A1, if the full 55 mt of Purse Seine quota were leased to 
the Longline category at $1.25/lb, revenue for Purse Seine category 
participants would be $151,568, or $30,314 per participant ($151,568 
divided by 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. 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 annual 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

[[Page 33055]]

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 multiplied by $1.57/lb dressed weight (dw)) and 
average annual revenue across all permit holders would be $604 ($1.75 
million divided by 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 multiplied by $1.57/lb dw) and 
average annual revenue across all permit holders would be $679 ($1.97 
million divided by 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 multiplied 
by $1.57/lb dw) and average annual revenue across all permit holders 
would be $907 ($2.63 million divided by 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.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a web page that also serves as small entity 
compliance guide (the guide) was prepared. This final rule and the 
guide are available on the HMS Management Division website at https://www.fisheries.noaa.gov/action/changes-atlantic-bluefin-tuna-and-north-atlantic-albacore-quotas-proposed or by contacting Carrie Soltanoff at 
<a href="/cdn-cgi/l/email-protection#bddedccfcfd4d893ced2d1c9dcd3d2dbdbfdd3d2dcdc93dad2cb"><span class="__cf_email__" data-cfemail="4d2e2c3f3f2428633e2221392c23222b2b0d23222c2c632a223b">[email protected]</span></a> or 301-427-8503.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Statistics, 
Treaties.

    Dated: May 25, 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 amended 
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 paragraphs (a) introductory text, (a)(1)(i), 
(a)(2) and (3), (a)(4)(i), (a)(5), (a)(7)(i) and (ii), and (e)(1) to 
read as follows:


Sec.  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 Sec.  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 Sec.  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);
    (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).
* * * * *

[[Page 33056]]

    (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[deg]18' N lat. The 
remaining school bluefin tuna Angling category quota (51.6 mt) may be 
caught, retained, possessed or landed north of 39[deg]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[deg]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[deg]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[deg]18' N 
lat.; south of 39[deg]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 Sec.  
635.15(b)(8).
    (4) * * *
    (i) Baseline Purse Seine quota. Pursuant to this paragraph (a), 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 fishery-independent 
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 this 
paragraph (a)(7)(i). 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. 2022-11722 Filed 5-31-22; 8:45 am]
BILLING CODE 3510-22-P


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