[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Rules and Regulations]
[Pages 43148-43149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15409]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02]
RTID 0648-XA263


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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 30 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the Harpoon category. 
With this transfer, the adjusted Harpoon category quota for the 2020 
fishing season is 76 mt. The 2020 Harpoon category fishery is open 
until November 15, 2020, or until the Harpoon category quota is 
reached, whichever comes first. The action is based on consideration of 
the regulatory determination criteria regarding inseason adjustments, 
and applies to Atlantic tunas Harpoon category (commercial) permitted 
vessels.

DATES: Effective July 13, 2020, through November 15, 2020.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260, 
Nicholas Velseboer, 978-675-2168, or Larry Redd, 301-427-8503.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by 
persons and vessels subject to U.S. jurisdiction are found at 50 CFR 
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) and as implemented by the United States among the various 
domestic fishing categories, per the allocations established in the 
2006 Consolidated Highly Migratory Species Fishery Management Plan 
(2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended 
by Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 
71510, December 2, 2014). NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable 
opportunity to harvest the ICCAT-recommended quota.
    The current baseline quotas for the Harpoon and Reserve categories 
are 46 mt and 29.5 mt, respectively. See Sec.  635.27(a). To date for 
2020, NMFS has published one action that has augmented the available 
2020 Reserve category quota and transferred quota from the Reserve to 
the General category for the January 2020 Fishery. This resulted in the 
current available Reserve quota of 143 mt (85 FR 6828, February 6, 
2020). Regulations provide that the Harpoon category fishery opens June 
1 and closes on November 15 of each year, or until the Harpoon category 
quota is reached, whichever comes first.

Transfer of 30 mt From the Reserve Category to the Harpoon Category

    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories, after considering regulatory 
determination criteria provided under Sec.  635.27(a)(8). NMFS has 
considered all of the relevant determination criteria and their 
applicability to the Harpoon category fishery. These considerations 
include, but are not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(8)(i)), biological samples 
collected from BFT landed by Harpoon category fishermen and provided by 
tuna dealers provides 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 Harpoon category 
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 Harpoon category quota to 
date and the likelihood of closure of that segment of the fishery if no 
adjustment is made (Sec.  635.27(a)(8)(ii) and (ix)). As of July 13, 
2020, the Harpoon category has landed 42.1 mt. Commercial-size BFT are 
currently readily available to vessels fishing under the Harpoon 
category quota. Without a quota transfer at this time, Harpoon category 
participants would have to stop BFT fishing activities with very short 
notice, while commercial-sized BFT remain available on the fishing 
grounds in the areas Harpoon category permitted vessels operate. 
Transferring 30 mt of BFT quota from the Reserve category would result 
in a total of 76 mt being available for the Harpoon category for the 
2020 Harpoon category fishing season.
    Regarding the projected ability of the vessels fishing under the 
particular category quota (here, the Harpoon category) to harvest the 
additional amount of BFT before the end of the fishing year (Sec.  
635.27(a)(8)(iii)), NMFS considered Harpoon category landings over the 
last several years. Landings are highly variable and depend on access 
to commercial-sized BFT and fishing conditions, among other factors. 
NMFS anticipates that the Harpoon category could harvest the 
transferred 30 mt prior to the end of the Harpoon category fishing 
season, subject to weather conditions and BFT availability. NMFS may 
transfer unused Harpoon category quota to other quota categories, as 
appropriate. NMFS also anticipates that some underharvest of the 2019 
adjusted U.S. BFT quota will be carried forward to 2020 and placed in 
the Reserve category, in accordance with the regulations. Thus, this 
quota transfer would allow fishermen to take advantage of the 
availability of fish on the fishing grounds, and provide a reasonable 
opportunity to harvest the full U.S. BFT quota.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the bluefin tuna fishery might be exceeded 
(Sec.  635.27(a)(8)(iv)) and the ability to account for all 2019 
landings and dead discards. In the last several years, total U.S. BFT 
landings have 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 2020 
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 adjustment on the BFT stock 
and the effects of the transfer on accomplishing the objectives of the 
FMP (Sec.  635.27(a)(8)(v) and (vi)). This transfer would be consistent 
with the current quotas, which were established and analyzed in the 
2018 BFT quota final

[[Page 43149]]

rule (83 FR 51391, October 11, 2018), and with objectives of the 2006 
Consolidated HMS FMP and amendments, and is not expected to negatively 
impact stock health or to affect the stock in ways not already analyzed 
in those documents. Another principal consideration is the objective of 
providing opportunities to harvest the full annual U.S. BFT quota 
without exceeding it based on the goals of the 2006 Consolidated HMS 
FMP and amendments, including to achieve optimum yield on a continuing 
basis and to optimize the ability of all permit categories to harvest 
their full BFT quota allocations (related to Sec.  635.27(a)(8)(x)).
    Based on the considerations above, NMFS is transferring 30 mt of 
the available 143 mt of Reserve category quota to the Harpoon category. 
Therefore, NMFS adjusts the Harpoon category quota to 76 mt for the 
2020 Harpoon category fishing season (i.e., through November 15, 2020, 
or until the Harpoon category quota is reached, whichever comes first), 
and adjusts the Reserve category quota to 113 mt.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
receiving BFT. Late reporting by dealers compromises NMFS' ability to 
timely implement actions such as quota adjustments and closures, and 
may result in enforcement actions. Additionally, and separate from the 
dealer reporting requirement, Harpoon category vessel owners are 
required to report the catch of all BFT retained or discarded dead 
within 24 hours of the landing(s) or end of each trip, by accessing 
hmspermits.noaa.gov or by using the HMS Catch Reporting app, or calling 
(888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.).
    Depending on the level of fishing effort and catch rates, NMFS may 
determine that additional action (i.e., quota adjustment, daily 
retention limit adjustment, or closure) is necessary to enhance 
scientific data collection from, and fishing opportunities in, all 
geographic areas, and to ensure available subquotas are not exceeded. 
If needed, subsequent adjustments will be published in the Federal 
Register. In addition, fishermen may call the Atlantic Tunas 
Information Line at (978) 281-9260, or access 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. This action is required by 50 CFR 635, which was issued 
pursuant to section 304(c), and is exempt from review under Executive 
Order 12866.
    The Assistant Administrator for NMFS (AA) finds that pursuant to 5 
U.S.C. 553(b)(B), there is good cause to waive prior notice and an 
opportunity for public comment on this action, as notice and comment 
would be impracticable and contrary to the public interest to provide 
prior notice of, and an opportunity for public comment on, this action 
for the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP and 
amendments provide for inseason retention limit adjustments to respond 
to the unpredictable nature of BFT availability on the fishing grounds, 
the migratory nature of this species, and the regional variations in 
the BFT fishery. Affording prior notice and opportunity for public 
comment to implement the quota transfer for the remainder of 2020 is 
also contrary to the public interest as such a delay would likely 
result in closure of the Harpoon fishery when the baseline quota is met 
and the need to re-open the fishery, with attendant administrative 
costs and costs to the fishery. The delay would preclude the fishery 
from harvesting BFT that are available on the fishing grounds and that 
might otherwise become unavailable during a delay. This action does not 
raise conservation and management concerns. Transferring quota from the 
Reserve category to the Harpoon category does not affect the overall 
U.S. BFT quota, and available data show the adjustment would have a 
minimal risk of exceeding the ICCAT-allocated 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.

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

    Dated: July 13, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-15409 Filed 7-13-20; 4:15 pm]
BILLING CODE 3510-22-P