[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54659-54662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21508]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 210928-0199; RTID 0648-XT041]


Atlantic Highly Migratory Species; Adjustments to 2021 Northern 
Albacore Tuna, North and South Atlantic Swordfish, and Atlantic Bluefin 
Tuna Reserve Category Quotas

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary final rule.

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SUMMARY: NMFS adjusts the 2021 baseline quotas for U.S. North Atlantic 
albacore tuna (northern albacore), North and South Atlantic swordfish, 
and the Atlantic bluefin Reserve category based on available 
underharvest of the 2020 adjusted U.S. quotas. This action is necessary 
to implement binding recommendations of the International Commission 
for the Conservation of Atlantic Tunas (ICCAT), 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). This action to adjust the 
quotas is only temporary and will be effective through December 31, 
2021. On January 1, 2022, full annual baseline allocations of northern 
albacore, North and South Atlantic swordfish, and the Atlantic bluefin 
tuna will renew and be available to U.S. harvest.

DATES: Effective October 4, 2021, through December 31, 2021.

ADDRESSES: Supporting documents, including environmental assessments 
and environmental impact statements, as well as the Fishery Management 
Plans and their amendments that are described below, may be downloaded 
from the Highly Migratory Species (HMS) website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species. These 
documents also are available upon request from Steve Durkee or Karyl 
Brewster-Geisz at the email addresses and telephone numbers below.

FOR FURTHER INFORMATION CONTACT: Steve Durkee (202-670-6637, 
[email protected]) or Karyl Brewster-Geisz (301-427-8503, 
[email protected]).

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including northern 
albacore, swordfish, and bluefin tuna fisheries, are managed under the 
authority of the 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.). The 2006 Consolidated Atlantic HMS Fishery 
Management Plan (FMP) and its amendments are implemented by regulations 
at 50 CFR part 635. Section 635.27(e) implements the northern albacore 
annual quota recommended by ICCAT and describes the annual northern 
albacore quota adjustment process. Section 635.27(c) implements the 
ICCAT-recommended quotas and describes the quota adjustment process for 
both North and South Atlantic swordfish. Section 635.27(a) implements 
the ICCAT-recommended quota and describes the annual quota adjustment 
process for bluefin tuna. NMFS is required under the Magnuson-Stevens 
Act 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.
    Note that weight information for northern albacore and bluefin tuna 
below is shown in metric tons (mt) whole weight (ww), and both dressed 
weight (dw) and ww are shown for swordfish.

Northern Albacore Annual Quota and Adjustment Process

    Since 1998, ICCAT has adopted recommendations regarding the 
northern albacore fishery. ICCAT Recommendation 17-04 on northern 
albacore (which supplemented Recommendation 16-06) includes a total 
allowable catch (TAC) of 33,600 mt for 2018 through 2020 and specific 
provisions regarding northern albacore conservation and management. The 
U.S. share of that TAC was a quota of 632.4 mt annually for 2019 and 
2020, which is codified at Sec.  635.27(e) and will remain in effect 
until changed.
    At the 2020 Annual ICCAT meeting, the U.S. northern albacore quota 
was increased from 632.4 mt to 711.5 mt for 2021 (Recommendation 20-
04). Given provisions in Recommendation 20-04, it is possible the U.S. 
northern albacore quota might change at the ICCAT annual meeting this 
November. In anticipation of such change and to decrease administrative 
burden, NMFS does not plan to alter the 50 CFR part 635 regulations to 
incorporate the 2021 quota increase at this time. Since domestic 
landings are typically less

[[Page 54660]]

than 50 percent of the baseline, changing the regulations is unlikely 
to result in increased fishing opportunities or harvest since the 
domestic fishery is limited by other management measures other than the 
quota. The full 711.5 mt remains available, however, and NMFS will 
monitor landings and initiate rulemaking to update the baseline quota 
if landings reach 75 percent of the adjusted quota. Northern albacore 
landings for January through June 2021 were 119.6 mt (15 percent of the 
quota as adjusted under this action). After ICCAT reconvenes in 2021, 
NMFS would initiate appropriate rulemaking to address any changes made 
to the domestic quota.
    Relevant to the northern albacore quota adjustment in this action, 
and as codified at Sec.  635.27(e)(2), 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 would be 158.1 mt for the 
United States.

Adjustment of the 2021 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 complete catch information for the prior year is 
available and finalized. Under ICCAT Recommendation 17-04, 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 2021, would be 158.1 mt for the United States (25 percent of 632.4 
mt).
    For 2020, the adjusted quota was 790.5 mt (632.4 mt plus 158.1 mt 
of 2019 underharvest carried forward to 2020, based on 25 percent of 
the 632.4-mt quota in place for 2019) (83 FR 51391, October 11, 2018). 
The total 2020 northern albacore catch, which includes landings and 
dead discards, was 332.49 mt, which is an underharvest of 458.01 mt of 
the 2020 adjusted quota. Of this underharvest, 158.1 mt may be carried 
forward to the 2021 fishing year. Thus, the adjusted 2021 northern 
albacore quota is 632.4 mt plus 158.1 mt, totaling 790.5 mt.

North and South Atlantic Swordfish Annual Quota and Adjustment Process

North Atlantic Swordfish

    Consistent with the North Atlantic swordfish quota regulations at 
Sec.  635.27(c), NMFS adjusts the U.S. annual North Atlantic swordfish 
quota for allowable underharvest, if any, in the previous year. NMFS 
makes such adjustments consistent with ICCAT limits and when complete 
catch information for the prior year is available and finalized. Under 
ICCAT Recommendation 17-02, the U.S. North Atlantic swordfish baseline 
annual quota for 2018 through 2021 is 2,937.6 mt dw (3,907 mt ww). The 
maximum underharvest that the United States may carry forward from one 
year to the next is 15 percent of the baseline quota, which equals 
440.6 mt dw (586 mt ww) for the United States. In 2020, the adjusted 
North Atlantic swordfish quota was 3,378.2 mt dw (2,937.6 mt dw 
baseline quota + 440.6 mt dw carried over from 2019).
    The total 2020 U.S. North Atlantic swordfish catch, which includes 
landings and dead discards, was 1,100.08 mt dw, which is an 
underharvest of 2,278.12 mt dw of the 2020 adjusted quota. This 
underharvest exceeds the 440.6-mt dw underharvest carryover limit 
allowed under Recommendation 17-02. Thus, NMFS is carrying forward 
440.6 mt dw, the maximum carryover allowed. The 2,937.6-mt dw baseline 
quota is increased by the underharvest carryover of 440.6 mt dw, 
resulting in a final adjusted North Atlantic swordfish quota for the 
2021 fishing year of 3,378.2 mt dw (2,937.6 + 440.6 = 3,378.2 mt dw). 
From that adjusted quota, 50 mt dw will be allocated to the reserve 
category for inseason adjustments and research, and 300 mt dw will be 
allocated to the incidental category, which covers recreational 
landings and landings by incidental swordfish permit holders, in 
accordance with regulations at Sec.  635.27(c)(1)(i). This results in 
an allocation of 3,028.2 mt dw (3,378.2-50-300 = 3,028.2 mt dw) for the 
directed category, split equally between two seasons in 2021 (January 
through June, and July through December) (Table 1).

South Atlantic Swordfish

    Consistent with the South Atlantic swordfish quota regulations at 
Sec.  635.27(c), NMFS adjusts the U.S. annual South Atlantic swordfish 
quota for allowable underharvest, if any, in the previous year. NMFS 
makes such adjustments consistent with ICCAT limits when complete catch 
information for the prior year is available and finalized. Under ICCAT 
Recommendation 17-03, the U.S. South Atlantic swordfish baseline annual 
quota for 2021 is 75.2 mt dw (100 mt ww) and the amount of underharvest 
that the United States can carry forward from one year to the next is 
100 percent of the baseline quota (75.2 mt dw). Recommendation 17-03 
continues to require the United States to transfer a total of 75.2 mt 
dw (100 mt ww) to other countries. These transfers are 37.6 mt dw (50 
mt ww) to Namibia, 18.8 mt dw (25 mt ww) to C[ocirc]te d'Ivoire, and 
18.8 mt dw (25 mt ww) to Belize.
    U.S. fishermen landed no South Atlantic swordfish in 2020. The 
adjusted 2020 South Atlantic swordfish quota was 75.1 mt dw due to 
nominal landings in previous years. Therefore, 75.1 mt dw of 
underharvest is available to carry over to 2021. NMFS is carrying 
forward 75.1 mt dw to be added to the 75.2 mt dw baseline quota. The 
quota is then reduced by the 75.2 mt dw of annual international quota 
transfers outlined above, resulting in an adjusted South Atlantic 
swordfish quota of 75.1 mt dw for the 2021 fishing year (Table 1).

         Table 1--2021 North and South Atlantic Swordfish Quotas
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                                               2020            2021
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North Atlantic Swordfish Quota (mt dw):
    Baseline Quota......................         2,937.6         2,937.6
    International Quota Transfer........               0               0
    Total Underharvest from Previous            1,906.25        2,278.12
     Year...............................
    Underharvest Carryover from Previous        (+)440.6        (+)440.6
     Year [dagger]......................
    Adjusted Quota......................         3,378.2         3,378.2
    Quota Allocation:
        Directed Category...............         3,028.2         3,028.2
        Incidental Category.............             300             300
        Reserve Category................              50              50
South Atlantic Swordfish Quota (mt dw):

[[Page 54661]]

 
    Baseline Quota......................            75.2            75.2
    International Quota Transfers *.....         (-)75.2         (-)75.2
    Total Underharvest from Previous                75.1            75.1
     Year...............................
    Underharvest Carryover from Previous            75.1            75.1
     Year [dagger]......................
    Adjusted quota......................            75.1            75.1
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[dagger] Allowable underharvest carryover is capped at 15 percent of the
  baseline quota allocation for the North Atlantic and 75.2 dw (100 mt
  ww) for the South Atlantic.
* Under ICCAT Recommendation 17-03, the United States transfers 75.2 mt
  dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), C[ocirc]te
  d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).

Bluefin Tuna Annual Quota and Adjustment Process

    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 
once complete catch information is available and finalized.
    Due to the unprecedented situation in 2020, ICCAT canceled its 
annual meeting and conducted discussions via correspondence. 
Recognizing the significant challenges of complex decision making by 
correspondence, rollovers of expiring measures was ICCAT's default 
approach. For western Atlantic bluefin tuna, ICCAT adopted 
Recommendation 20-06, which rolled over the current TAC for 2020; 
provided for a 2021 stock assessment that would incorporate the most 
recent available data, including any new abundance indices; and 
specified TAC levels for 2022 and 2023 that would address overfishing 
based on the 2020 stock assessment update and management scenario 3 
analyzed therein, unless ICCAT decides otherwise based on new Standing 
Committee on Research and Statistics (SCRS) advice. The status of the 
stock after the 2020 stock assessment update remained ``no overfishing 
occurring/rebuilding status unknown.'' Although the SCRS and ICCAT 
expressed concerns about the current overall TAC level resulting in 
overfishing in 2021, the projected change in biomass at this current 
TAC level is on par with the other management scenarios analyzed. 
Specifically, the update indicates that the current TAC level results 
in about a one percent greater decline in biomass for 2021 than a TAC 
level that has a 50 percent of ending overfishing. Furthermore, in the 
course of managing U.S. fisheries to achieve, but not exceed, the 
overall ICCAT-recommended U.S. quota, the United States has 
underharvested its overall quota over the past several years. Given 
recent trends, it is highly likely that the 2021 fishery will also 
underharvest the overall quota. Thus, carrying over the underharvest 
from 2020 would have neutral ecological impacts on the bluefin tuna 
stock. Similarly, the ecological impacts on other HMS species (as well 
as protected species) would be neutral because fishing strategies for 
target species are likely to remain similar under the same quota 
allocation methods. A full consideration of impacts of the 2021 bluefin 
tuna TAC and quota are detailed in the 2021 Annual Atlantic Bluefin 
Tuna Quota Adjustment Supplemental Environmental Assessment. Copies of 
the 2021 Supplemental Environmental Assessment can be requested as 
specified in the ADDRESSES section.
    NMFS implemented relevant provisions of ICCAT western Atlantic 
bluefin tuna Recommendation 17-06 in a final rule that published in 
October 2018 (83 FR 51391, October 11, 2018). That rulemaking 
implemented the recommended annual U.S. baseline quota of 1,247.86 mt, 
plus an additional 25 mt to account for bycatch related to pelagic 
longline fisheries in the Northeast Distant gear restricted area (NED), 
for a total of 1,272.86 mt. The total annual U.S. bluefin tuna quota of 
1,272.86 mt is codified at Sec.  635.27(a) and will remain in effect 
until changed (for instance, if a new ICCAT western Atlantic bluefin 
tuna TAC recommendation is adopted). 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, is 
127.29 mt for 2021 (10 percent of 1,272.86 mt). The relevant provisions 
remained the same in the 2020 ICCAT recommendation, Recommendation 20-
06.

Adjustment of the 2021 Bluefin Tuna Reserve Category Quota

    The United States is carrying forward the full, allowable 127.29 mt 
for 2021. In 2020, the adjusted bluefin tuna quota was 1,400.15 mt 
(baseline quota of 1,272.86 mt + 127.29 mt of 2019 underharvest carried 
over to 2020). The total 2020 bluefin tuna catch, including landings 
and dead discards, was 1,183.49 mt, which is an underharvest of 216.66 
mt from the 2020 adjusted quota and 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 2021, NMFS augments the Reserve category quota with 
the allowable carryover of 127.29 mt.
    The codified Reserve category quota is 29.5 mt. Effective February 
8, 2021, NMFS adjusted the Reserve category quota for 2021 to 168 mt by 
reallocating 164.5 mt of Purse Seine quota to the Reserve category 
(based on 2020 catch by Purse Seine category participants) and also 
transferring 26 mt of Reserve category quota to the General category 
(86 FR 8717; February 9, 2021). Effective August 4, 2021, NMFS 
transferred 30 mt from the Reserve category quota to the Harpoon 
category (86 FR 43420, August 9, 2021), leaving a total of 138 mt in 
the Reserve category. Effective September 9, 2021, NMFS transferred 
113.8 mt from the Reserve category quota to the General category (86 FR 
51016, September 14, 2021), leaving a total of 24.2 mt in the Reserve 
category. Thus, as of the effective date of this action (October 4, 
2021), the adjusted 2021 Reserve category quota is 151.49 mt (24.2 mt + 
127.29 mt).

Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. NMFS designed the FMP to authorize the agency to take this 
action pursuant to MSA section 305(d) in a previous action taken 
pursuant to section 304(c). See 50 CFR 635.27. The NMFS Assistant 
Administrator (AA) has determined that this final rule is consistent 
with the 2006 Consolidated Atlantic HMS FMP, Amendment 13 to the 2006 
Consolidated Atlantic HMS FMP, ATCA, and other applicable law.
    Pursuant to section 553(b)(B) of the Administrative Procedure Act 
(5 U.S.C. 553(b)(B)), the AA finds that it is

[[Page 54662]]

unnecessary and would be contrary to the public interest to provide 
prior notice of, and an opportunity for public comment on, this action 
for the reasons described below.
    The rulemaking processes for Amendment 7 to the 2006 Consolidated 
HMS FMP in 2015 (79 FR 71509, December 2, 2014) and for the 2016 North 
and South Atlantic Swordfish Quota Adjustment Rule (81 FR 48719, July 
26, 2016) specifically provided prior notice of, and accepted public 
comment on, the formulaic quota adjustment processes for the northern 
albacore, Atlantic bluefin tuna, and swordfish fisheries and the manner 
in which they occur. These processes have not changed, and the 
application of these formulas in this action does not have 
discretionary aspects requiring additional agency consideration. Thus, 
it is unnecessary to provide an opportunity for public comment on this 
action. There are no new quotas for 2021, and the quota formulas are 
the same as in previous years. NMFS therefore is issuing this temporary 
final rule to adjust the northern albacore, North and South Atlantic 
swordfish, and western Atlantic bluefin tuna quotas for 2021 without 
prior notice and an additional opportunity for comment. Similar actions 
to adjust the quotas based on the previous year's underharvest occur 
annually and the affected community expects similar adjustments in 
2021. This action to adjust the 2021 quotas could not occur earlier in 
the year because final 2020 landings data were not available until now.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date and to make the rule effective upon publication 
in the Federal Register. The fisheries for northern albacore, North and 
South Atlantic swordfish, and bluefin tuna began on January 1, 2021. 
NMFS monitors northern albacore, North and South Atlantic swordfish, 
and bluefin tuna annual catch and measures the annual catch data 
against the applicable available quotas. Delaying the effective date of 
these quota adjustments would affect the regulated fisheries' 
reasonable opportunity to catch the available quotas. Adjusting the 
North and South Atlantic swordfish quota allows the United States to 
take advantage of the ICCAT allowance to carry over quota underharvest 
and to comply with the South Atlantic swordfish recommendation's 
obligation to transfer quota internationally. Adjusting the bluefin 
tuna Reserve category without the 30-day delay provides NMFS the 
flexibility to transfer quota from the Reserve to other fishing 
categories inseason after considering the regulatory determination 
criteria, including fishery conditions at the time of the transfer, 
while potentially avoiding premature fishery closures when quota is 
available.
    This action is exempt from review under Executive Order 12866.
    This action does not contain a collection-of-information 
requirement for purposes of the Paperwork Reduction Act.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

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

    Dated: September 28, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-21508 Filed 10-1-21; 8:45 am]
BILLING CODE 3510-22-P