[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Rules and Regulations]
[Pages 73504-73506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25894]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0119; RTID 0648-XC483]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; General Category December Quota Transfer

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 a total of 57.5 metric tons (mt) of 
Atlantic bluefin tuna (BFT) quota from both the Reserve category and 
the Harpoon category to the General category for the remainder of the 
2022 fishing year. With this transfer, the adjusted General category 
December subquota, Reserve category quota, and Harpoon category quota 
will be 50.1 mt, 6 mt, and 76.4 mt respectively. This action accounts 
for the accrued overharvest from previous 2022 General category time 
period subquotas, and will further opportunities for General category 
fishermen to participate in the December General category fishery, 
based on consideration of the regulatory determination criteria 
regarding inseason adjustments. This action would affect 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 December 1, 2022, through December 31, 2022.

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

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 Atlantic 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 baseline General, Reserve, and Harpoon category quotas are 
587.9 mt, 29.5 mt, and 48.7 mt respectively. The General category 
baseline quota is further suballocated to different time periods. 
Relevant to this action, the baseline subquota for the December time 
period is 30.6 mt. On December 23, 2021 (86 FR 72857), NMFS transferred 
19.5 mt of BFT quota from the December 2022 subquota time period to the 
January through March 2022 subquota time period, resulting in an 
adjusted subquota of 9.4 mt for the December 2022 time period. This 
adjusted subquota was subsequently adjusted to 11.1 mt via a final 
rulemaking that adjusted the overall quota (87 FR 33049, June 1, 2022).
    To date for 2022, NMFS has published several actions that adjusted 
the Reserve and Harpoon category quotas, including the allowable 
carryover of underharvest from 2021 to 2022 (87 FR 5737, February 2, 
2022; 87 FR 33049, June 1, 2022; 87 FR 43447, July 21, 2022; 87 FR 
54910, September 8, 2022; 87 FR 60938, October 7, 2022). The current 
adjusted Reserve and Harpoon category quotas are 61.2 mt and 78.7 mt, 
respectively. Per Sec.  635.27(a)(5), the Harpoon category fishery 
closed for the year on September 5, 2022 (87 FR 54912, September 9, 
2022). At that time, 2.3 mt of the Harpoon category quota remained 
unharvested.

Quota Transfer Calculations

    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). This section 
focuses on the various calculations involved in transferring quotas; 
the consideration of the determination criteria can be found below 
after this section.
    To date, preliminary landings data indicate that the General 
category landed 836.8 mt through November 30, 2022. This amount exceeds 
the cumulative adjusted quota available through November 30 (818.3 mt) 
by 18.5 mt (836.8 mt-818.3 mt = 18.5 mt).
    As stated above, the adjusted Reserve category quota is 61.2 mt. 
The quota in the Reserve category is held in reserve for inseason or 
annual adjustments and research. Under Sec.  635.24(a)(7), NMFS may 
allocate any portion of the Reserve category quota for inseason or 
annual adjustments to any fishing category quota. Transferring 55.2 mt 
from the Reserve category would account for the 18.5 mt accrued 
overharvest from the prior time periods. This transfer would result in 
36.7 mt being available for the General category December subquota time 
period (55.2 mt-18.5 mt = 36.7 mt). Transferring 55.2 mt out of the 
Reserve category would leave 6 mt in the Reserve category (61.2 mt-55.2 
mt = 6 mt), which could be used to account

[[Page 73505]]

for any BFT mortalities associated with research.
    Additionally, preliminary landings data indicate that the Harpoon 
category landed 76.4 mt of the 78.7 mt adjusted Harpoon category quota 
before closing. Because the Harpoon category closes on November 15 of 
each year (Sec.  635.24(a)(5)) and closed this year on September 5, 
2022 (87 FR 54912, September 9, 2022), the remaining quota of 2.3 mt 
(78.7 mt-76.4 mt = 2.3 mt) is available and could be used by the 
General category. Transferring 2.3 mt out of the Harpoon category would 
result in an adjusted Harpoon category quota of 76.4 mt.
    Given the current adjusted quota for the December time period is 
11.1 mt, these transfers from the Reserve and Harpoon categories would 
result in an adjusted December subquota of 50.1 mt (11.1 mt + 36.7 mt + 
2.3 mt = 50.1 mt). The transfers also would result in adjusted quotas 
for the Reserve and Harpoon categories of 6 mt and 76.4 mt, 
respectively.

Consideration of the Relevant Determination Criteria

    As described below, NMFS has considered all of the relevant 
determination criteria and their applicability to this inseason quota 
transfer. Given these considerations, after transferring a total of 
57.5 mt (55.2 mt from the Reserve category quota and 2.3 mt from the 
Harpoon category quota), the adjusted General category December 2022 
subquota will be 50.1 mt, the adjusted Reserve category quota will be 6 
mt, and the adjusted Harpoon category quota will be 76.4 mt. The 
General category fishery will remain open until December 31, 2022, or 
until the adjusted General category quota is reached, whichever comes 
first.
    In making these transfers, NMFS considered, among other things, 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 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 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 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 described 
above, preliminary landings data indicate that the General category has 
landed 836.8 mt through November 30, which exceeds the cumulative 
adjusted quota available through November 30 by 18.5 mt. While the 
General category December time period subquota has not yet been 
exceeded, without a quota transfer at this time, based on catch rates 
in the last 3 years in comparison to the current available quota (11.1 
mt), NMFS anticipates it would likely need to close the General 
category fishery very early in December. Once the fishery is closed, 
participants would have to stop BFT fishing activities even though 
commercial-sized BFT remain available in the areas where General 
category permitted vessels operate and U.S. BFT quota is available. 
Transferring quota from the Reserve and Harpoon categories would 
provide limited additional opportunities to harvest the U.S. 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. NMFS anticipates that General category 
participants will be able to harvest transferred BFT quota by the end 
of the subquota time period and end of the fishing year. 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 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 recently took such an action to carry 
over the allowable 127.3 mt of underharvest from 2021 to 2022 (87 FR 
33049, June 1, 2022). 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 transfer on accomplishing the objectives of the 
2006 Atlantic Consolidated 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 General 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)). Specific to the General category, this 
includes providing opportunities equitably across all time periods.

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, 
General category and HMS Charter/Headboat permitted 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, 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 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

[[Page 73506]]

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 pursuant to 5 
U.S.C. 553(b)(B), 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. Specifically, 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. Providing prior notice and opportunity for public comment 
on the quota transfer for the December 2022 time period is 
impracticable. The General category fishery is underway, there was an 
exceedance of prior subquota time periods. While the December subquota 
has not yet been exceeded, NMFS anticipates that it will need to close 
the General category in December even with the transfer. Delaying the 
action is contrary to the public interest, not only because it would 
likely result in a premature General category closure and associated 
costs to the fishery, but also administrative costs due to further 
agency action needed to re-open the fishery after quota is transferred. 
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 and Harpoon 
categories to the General 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 all the above reasons, the AA also finds that pursuant to 5 
U.S.C. 553(d), there is good cause to waive the 30-day delay in 
effectiveness.

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

    Dated: November 22, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-25894 Filed 11-28-22; 4:15 pm]
BILLING CODE 3510-22-P