[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Rules and Regulations]
[Pages 64411-64413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22659]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XA544]


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 and closure.

-----------------------------------------------------------------------

SUMMARY: NMFS transfers 40 metric tons (mt) of Atlantic bluefin tuna 
(BFT) quota from the Reserve category to the October through November 
2020 General category subquota period and closes the General category 
fishery until the General category reopens on December 1, 2020. The 
quota transfer is intended to provide additional fishing opportunities 
based on consideration of the regulatory determination criteria 
regarding inseason adjustments and applies to Atlantic tunas General 
category (commercial) permitted vessels and Highly Migratory Species 
(HMS) Charter/Headboat category permitted vessels with a commercial 
sale endorsement when fishing commercially for BFT. Given that the 
adjusted quota is projected to be caught quickly, the closure is being 
filed simultaneously to prevent overharvest of the adjusted General 
category October through November 2020 BFT subquota.

DATES: The quota transfer is effective October 8, 2020, through 
November 30, 2020. The closure is effective 11:30 p.m., local time, 
October 9, 2020, through November 30, 2020.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Nicholas 
Velseboer, 978-281-9260, 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) and 
amendments. 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.
    Under Sec.  635.28(a)(1), NMFS files a closure notice with the 
Office of the Federal Register for publication when a BFT quota (or 
subquota) is reached or is projected to be reached. Retaining, 
possessing, or landing BFT under that quota category is prohibited on 
or after the effective date and time of a closure notice for that 
category until the opening of the relevant subsequent quota period or 
until such date as specified.
    The current baseline General and Reserve category quotas are 555.7 
mt and 29.5 mt, respectively. See Sec.  635.27(a). Each of the General 
category time periods (January, June through August, September, October 
through

[[Page 64412]]

November, and December) is allocated a ``subquota'' or portion of the 
annual General category quota. The baseline subquotas for each time 
period are as follows: 29.5 mt for January; 277.9 mt for June through 
August; 147.3 mt for September; 72.2 mt for October through November; 
and 28.9 mt for December. Any unused General category quota rolls 
forward from one time period to the next, and is available for use in 
subsequent time periods. To date, NMFS has taken several actions that 
resulted in adjustments to the General and Reserve category quotas, 
resulting in currently adjusted quotas of 128.7 mt of quota for the 
Reserve category, 100 mt for the General category January through March 
2020 subquota period, and 9.4 mt for the December 2020 subquota period 
(85 FR 17, January 2, 2020; 85 FR 6828, February 6, 2020; 85 FR 43148, 
July 16, 2020; 85 FR 59445, September 22, 2020; and 85 FR 61872, 
October 1, 2020).

Transfer of 40 mt From the Reserve Category to the General 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 this inseason quota transfer. 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 General category fishermen and provided by 
bluefin tuna dealers continue to provide valuable data for ongoing 
scientific studies of BFT age and growth, migration, and reproductive 
status. Additional opportunity to land BFT in the General 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 General category quota to 
date (including during the fall and winter fisheries in the last 
several years), and the likelihood of closure of that segment of the 
fishery if no adjustment is made (Sec.  635.27(a)(8)(ii) and (ix)). 
Preliminary landings data as of October 7, 2020, indicate that the 
General category landed 67.3 mt for the October through November 
period. This represents 93 percent of the baseline October through 
November subquota (72.2 mt). At the time of drafting of this inseason 
action, the General category subquota has not yet been exceeded, but 
without a quota transfer at this time, NMFS would likely close the 
General category fishery shortly, and participants would have to stop 
bluefin tuna fishing activities while commercial-sized bluefin tuna 
remain available in the areas where General category permitted vessels 
operate at this time of year. Transferring 40 mt of quota from the 
Reserve category would result in 112.2 mt being available for the 
October through November 2020 subquota period, thus effectively 
providing limited additional opportunities to harvest the U.S. bluefin 
tuna quota while avoiding exceeding it. Given the lag between 
initiation of an inseason action and its implementation, however, this 
notice also closes the fishery, as NMFS anticipates the transferred 
quota will be caught quickly. NMFS plans to account for General 
category overharvest from the September 2020 subquota period 
(preliminarily 43.5 mt as of October 7, 2020), as well as additional 
landings from the June through August period not previously accounted 
for in 85 FR 59445 (September 22, 2020), in a subsequent notice, such 
as the notice NMFS would prepare to announce a quota transfer from the 
Reserve to the General category December subquota period.
    Regarding the projected ability of the vessels fishing under the 
particular category quota (here, the General category) to harvest the 
additional amount of BFT quota transferred before the end of the 
fishing year (Sec.  635.27(a)(8)(iii)), NMFS anticipates that all of 
the 40 mt of transferred quota will be used by October 9, based on 
current figures and the amount of quota being transferred, but this is 
also subject to weather conditions and BFT availability. In the 
unlikely event that any of this quota is unused by November 30, such 
quota will roll forward to the next subperiod within the calendar year 
(i.e., the December period), and NMFS anticipates that it would be used 
before the end of the fishing year. 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 fishery might be exceeded (Sec.  
635.27(a)(8)(iv)) and the ability to account for all 2020 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, 
even with the 40-mt transfer to the General category for the October 
through November fishery. NMFS anticipates that General category 
participants in all areas and time periods will have opportunities to 
harvest the General category quota in 2020, through active inseason 
management such as the timing of quota transfers, as practicable. Thus, 
this quota transfer would allow fishermen to take advantage of the 
availability of fish on the fishing grounds to the extent consistent 
with the available amount of transferrable quota and other management 
objectives, while avoiding quota exceedance.
    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 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)). Specific to the General category, this 
includes providing opportunity equitably across all time periods.
    Based on the considerations above, NMFS is transferring 40 mt of 
the available 128.7 mt of Reserve category quota to the General 
category for the October through November 2020 fishery, resulting in a 
subquota of 112.2 mt for the October through November 2020 fishery and 
88.7 mt in the Reserve category.

Closure of the October Through November 2020 General Category Fishery

    Based on the best available landings information for the General 
category BFT fishery, NMFS has determined that the adjusted October 
through November subquota of 112.2 mt, adjusted in this

[[Page 64413]]

action, is projected to be reached shortly (i.e., as of October 7, 
reported landings total approximately 67.3 mt) and that the General 
category should be closed. Therefore, retaining, possessing, or landing 
large medium or giant BFT by persons aboard vessels permitted in the 
Atlantic tunas General category and HMS Charter/Headboat category 
(while fishing commercially) must cease at 11:30 p.m. local time on 
October 9, 2020. The General category will automatically reopen 
December 1, 2020, for the December 2020 subquota time period. This 
action applies to Atlantic tunas General category (commercial) 
permitted vessels and HMS Charter/Headboat category permitted vessels 
with a commercial sale endorsement when fishing commercially for BFT, 
and is taken consistent with the regulations at Sec.  635.28(a)(1). The 
intent of this closure is to prevent overharvest of the available 
adjusted October through November subquota.
    Fishermen may catch and release (or tag and release) BFT of all 
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs at Sec.  635.26. All BFT that are released must be 
handled in a manner that will maximize their survival, and without 
removing the fish from the water, consistent with requirements at Sec.  
635.21(a)(1). For additional information on safe handling, see the 
``Careful Catch and Release'' brochure available at https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fisheries 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 and retention limit adjustment, 
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 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, using the HMS Catch Reporting app, or calling 
(888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.).
    After the fishery reopens on December 1, depending on the level of 
fishing effort and catch rates of BFT, NMFS may determine that 
additional adjustments are necessary to ensure available subquotas are 
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 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 part 635, which was 
issued pursuant to section 304(c), and is exempt from review under 
Executive Order 12866.
    The Assistant Administrator for NMFS finds that pursuant to 5 
U.S.C. 553(b)(B), there is good cause to waive prior notice of, and an 
opportunity for public comment on, 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. This fishery is currently underway and delaying this 
action would be contrary to the public interest as it could result in 
BFT landings exceeding the adjusted October through November 2020 
General category quota. Affording prior notice and opportunity for 
public comment to implement the quota transfer is impracticable and 
contrary to the public interest as such a delay would likely result in 
exceedance of the General category October through November fishery 
subquota or earlier closure of the fishery while fish are available on 
the fishing grounds. Subquota exceedance may result in the need to 
reduce quota for the General category later in the year and thus could 
affect later fishing opportunities. This action does not raise 
conservation and management concerns. Transferring quota from the 
Reserve category to the General category does not affect the overall 
U.S. BFT quota, and available data shows 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. For all of the above reasons, there is good cause under 5 
U.S.C. 553(d) to waive the 30-day delay in effectiveness.

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

    Dated: October 8, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-22659 Filed 10-8-20; 4:15 pm]
BILLING CODE 3510-22-P