[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Rules and Regulations]
[Pages 43447-43449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15754]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0119; RTID 0648-XC145]


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 2022 
fishing season is 78.7 mt. The 2022 Harpoon category fishery is open 
until November 15, 2022, or until the Harpoon category quota is 
reached, whichever comes first. This action is intended to provide 
further opportunities for Harpoon category fishermen, based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments and applies to Atlantic Tunas Harpoon category 
(commercial) permitted vessels.

DATES: Effective July 19, 2022, through November 15, 2022.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
301-427-8503, Erianna Hammond, [email protected], 301-427-8503, 
and Nicholas Velseboer, [email protected], 978-281-9260.

SUPPLEMENTARY INFORMATION: Atlantic highly migratory species (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)

[[Page 43448]]

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.
    NMFS published a final rule implementing the 2021 ICCAT 
recommendation regarding western Atlantic BFT management which resulted 
in an increase to the baseline U.S. BFT quota (i.e., from 1,247.86 mt 
to 1,316.14 mt) and sub-quotas for 2022 (87 FR 33049, June 1, 2022). 
The current baseline quotas for the Harpoon and Reserve categories are 
48.7 mt and 31.2 mt, respectively. To date for 2022, NMFS has published 
two actions that have adjusted the Reserve category quota, including 
the allowable carryover of underharvest from 2021 to 2022 (86 FR 8717, 
February 9, 2022; 87 FR 33049, June 1, 2022). The current adjusted 
Reserve category quota is 306.7 mt. The 2022 Harpoon category fishery 
opened June 1, and is open through November 15, 2022, 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 the 
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 criteria 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 
BFT dealers continue to 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 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)). To date, 
preliminary landings data indicate that the Harpoon category has landed 
33.8 mt. Without a quota transfer at this time, NMFS would likely need 
to close the Harpoon category fishery and participants would have to 
stop BFT fishing activities with while commercial-sized BFT remain 
available in the areas where Harpoon category permitted vessels 
operate. Transferring 30 mt of BFT quota from the Reserve category 
would result in a total of 78.7 mt (48.7 mt + 30 mt = 78.7 mt) being 
available for the Harpoon category for the 2022 Harpoon category 
fishing season.
    Regarding the projected ability of the vessels fishing under the 
Harpoon category to harvest the additional amount of BFT quota 
transferred before the end of the fishing year (Sec.  
635.27(a)(8)(iii)), NMFS considered Harpoon 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. NMFS anticipates that the Harpoon 
category could harvest the transferred 30 mt prior to the end of the 
Harpoon category season, subject to weather conditions and BFT 
availability. NMFS may transfer unused Harpoon category quota to other 
quota categories, inseason, based on consideration of the determination 
criteria, as NMFS did for late 2021. 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 the 
available 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 2021 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 recently took such an action to 
carryover the allowable 127.3 mt of underharvest from 2021 to 2022 (87 
FR 33049). 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 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 established quotas and subquotas, which are implemented consistent 
with ICCAT recommendations, (established in Recommendation 21-07), 
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 the 
established management measures and stock status determinations. 
Another principal consideration is the objective of providing 
opportunities to harvest the available Harpoon category quota without 
exceeding the annual quota, based on the objectives 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 available BFT quota allocations (related to Sec.  
635.27(a)(8)(x)).
    Given these considerations, NMFS is transferring 30 mt of the 
available 306.7 mt of Reserve category quota to the Harpoon category. 
Therefore, NMFS adjusts the Harpoon category quota to 78.7 mt for the 
2022 Harpoon category fishing season (i.e., through November 15, 2022, 
or until the Harpoon category quota is reached, whichever comes first), 
and adjusts the Reserve category quota to 276.7 mt (306.7 mt-30 mt = 
276.7 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 and retention limit adjustments, 
as well as closures, and may result in enforcement actions. 
Additionally, and separate from the dealer reporting requirement, 
Harpoon category vessel owners are required to report their own 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.).

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    Depending on the level of fishing effort and catch rates of BFT, 
NMFS may determine that additional adjustments 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 is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for NMFS (AA) finds that it is 
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 2022 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. For the same reasons discussed above, the AA finds good cause 
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for 
public comment.

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

    Dated: July 19, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-15754 Filed 7-19-22; 4:15 pm]
BILLING CODE 3510-22-P