[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Rules and Regulations]
[Pages 5737-5739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02123]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XB751]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; Purse Seine category annual quota adjustment; 
inseason quota transfer.

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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) Purse Seine 
and Reserve category quotas for 2022. NMFS also is transferring 26 
metric tons (mt) of BFT quota from the Reserve category to the General 
category January through March 2022 subquota period. The transfer to 
the General category is 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 permitted vessels with 
a commercial sale endorsement when fishing commercially for BFT.

DATES: Effective January 28, 2022 through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
301-427-8503, Nicholas Velseboer, [email protected], 978-281-
9260, or Thomas Warren, [email protected], 978-281-9347.

[[Page 5738]]


SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT 
fisheries, are managed 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.). The 2006 Consolidated Atlantic HMS Fishery 
Management Plan (FMP) and its amendments are implemented by regulations 
at 50 CFR part 635. Section 635.27 divides 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 HMS FMP and its amendments. 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.
    The 2022 baseline Purse Seine, General, and Reserve category quotas 
are 219.5 mt, 555.7 mt, and 29.5 mt, respectively. The General category 
baseline subquota for the January through March time period is 29.5 mt. 
Effective January 1, 2022, NMFS transferred 19.5 mt of BFT quota from 
the December 2022 subquota time period to the January through March 
2021 subquota time period resulting in an adjusted subquota of 49 mt 
for the January through March 2022 subquota time period (86 FR 72857, 
December 23, 2021).

Annual Adjustment of the BFT Purse Seine and Reserve Category Quotas

    Consistent with Sec.  635.27(a)(4), NMFS determines the amount of 
quota available to the Atlantic Tunas Purse Seine category participants 
in the current year, based on their BFT catch (landings and dead 
discards) in the previous year. As described in Sec.  
635.27(a)(4)(v)(A), NMFS makes available to each Purse Seine category 
participant either 100 percent, 75 percent, 50 percent, or 25 percent 
of the individual baseline quota allocations based on the previous 
year's catch, and reallocates the remainder to the Reserve category. 
NMFS has calculated the amounts of quota available to the Purse Seine 
category participants for 2022 based on their individual catch levels 
in 2021. NMFS did not open the Purse Seine fishery in 2021 because 
there were no purse seine vessels permitted to fish for BFT and thus no 
catch in 2021. As a result, each Purse Seine category participant will 
receive 25 percent of the individual baseline quota amount, which is 
the required distribution even with no fishing activity under the 
current regulations. The individual baseline amount is 43.9 mt (219.5 
mt divided by five Purse Seine category participants), 25 percent of 
which is 11 mt. Consistent with Sec.  635.27(a)(4)(v)(C), NMFS will 
notify Atlantic Tunas Purse Seine category participants of the amount 
of quota available for their use this year through the Individual 
Bluefin Quota electronic system established under Sec.  635.15 and in 
writing.
    By summing the individual available allocations, NMFS has 
determined that 55 mt are available to the Purse Seine category for 
2022. Thus, the amount of Purse Seine category quota to be reallocated 
to the Reserve category is 164.5 mt (219.5 mt-55 mt = 164.5 mt). This 
reallocation results in an adjusted 2022 Reserve category quota of 194 
mt (29.5 mt + 164.5 mt = 194 mt), before any further transfers to other 
categories.

Transfer of 26 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 
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 from the Reserve category 
to the General category. 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 
tuna dealers provide NMFS with valuable parts and data for ongoing 
scientific studies of BFT age and growth, migration, and reproductive 
status. Additional opportunity to land BFT in the General category 
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 winter fishery 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)). To date, 
preliminary landings data indicate that the General category January 
through March fishery has landed 31.4 mt of the adjusted 49-mt 
subquota. Without a quota transfer at this time, NMFS would likely need 
to close the General category fishery, and participants would have to 
stop BFT fishing activities while commercial-sized BFT remain available 
in the areas where General category permitted vessels operate. 
Transferring 26 mt of quota from the Reserve category would result in 
75 mt (49 mt + 26 mt = 75 mt) being available for the January through 
March 2022 subquota period and would provide limited additional 
opportunities to harvest the BFT quota while avoiding exceeding it.
    Regarding the projected ability of the vessels fishing under the 
General category quota to harvest the additional amount of BFT quota 
transferred before the end of the fishing year (Sec.  
635.27(a)(8)(iii)), NMFS considered General category landings over the 
last several years and landings to date this year. Landings are highly 
variable and depend on access to commercial-sized BFT and fishing 
conditions, among other factors. Thus, this quota transfer would allow 
fishermen to take advantage of the availability of BFT on the fishing 
grounds and provide a reasonable opportunity to harvest available U.S. 
BFT quota.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the BFT fishery might be exceeded (Sec.  
635.27(a)(8)(iv)) and the ability to account for all 2022 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 2022 landings 
and dead discards within the adjusted U.S. quota, consistent with ICCAT 
recommendations, and anticipates having sufficient quota to do that.
    NMFS also considered the effects of the transfer on the BFT stock 
and the effects of the adjustment on accomplishing the objectives of 
the 2006 Consolidated HMS FMP (Sec.  635.27(a)(8)(v) and (vi)). This 
transfer would be consistent with established quotas and subquotas, 
which are implemented consistent with ICCAT recommendations 
(established in Recommendation 17-06 and maintained in Recommendation 
20-06), ATCA, and the objectives of the 2006 Consolidated HMS FMP and 
amendments. In establishing these quotas and subquotas and associated 
management measures, ICCAT and NMFS considered the best scientific 
information available, objectives for stock management and status, and 
effects on the stock. This quota transfer is in line with these 
established management measures.

[[Page 5739]]

Another principal consideration is the objective of providing 
opportunities to harvest the available General category quota, based on 
the objectives of the 2006 Consolidated HMS FMP and its amendments, 
including to achieve optimum yield on a continuing basis and to allow 
all permit categories a reasonable opportunity to harvest available BFT 
quota allocations (related to Sec.  635.27(a)(8)(x)). For the General 
category, this includes providing opportunities equitably across all 
time-periods.
    Given these considerations, NMFS is transferring 26 mt from the 
adjusted Reserve category quota to the General category January through 
March 2022 subquota time period. Therefore, NMFS adjusts the General 
category January through March subquota to 75 mt, and adjusts the 
Reserve category quota to 168 mt (194 mt-26 mt = 168 mt). The General 
category fishery will remain open until March 31, 2022, or until the 
adjusted General category quota is reached, whichever comes first.

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 adjustments, 
as well as closures, and may result in enforcement actions. 
Additionally, and separate from the dealer reporting requirement, 
General and HMS Charter/Headboat category vessel owners are required 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.).
    Depending on the level of fishing effort and catch rates of BFT, 
NMFS may determine that additional adjustments (e.g., quota adjustment, 
daily retention limit adjustment, or closure) are necessary to ensure 
available quota is not exceeded or to enhance scientific data 
collection from, and fishing opportunities in, all geographic areas. If 
needed, subsequent adjustments will be published in the Federal 
Register. In addition, fishermen may 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 and regulations at 50 CFR part 635, and it is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for NMFS finds that it is impracticable 
and contrary to the public interest to provide prior notice of, and an 
opportunity for public comment on, the transfer from the Reserve 
category to the General category for the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP and 
amendments provide for inseason 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 BFT landings could 
otherwise exceed the adjusted January through March 2022 General 
category quota and result in an earlier closure of the fishery while 
fish are available on the fishing grounds. 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, measures to reallocate 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: January 28, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-02123 Filed 1-28-22; 4:15 pm]
BILLING CODE 3510-22-P