[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64385-64387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20148]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0193; RTID 0648-XD337]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; General Category September Time Period Quota Transfer and 
Closure

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

ACTION: Temporary rule; quota transfer and closure.

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SUMMARY: NMFS is transferring 21.7 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the General category 
September time period resulting in an adjusted September time period 
subquota of 210 mt and a Reserve category quota of 5.7 mt. NMFS is also 
simultaneously closing the General category fishery for large medium 
and giant (i.e., measuring 73 inches (185 centimeters)) curved fork 
length or greater) BFT for the September time period. This action also 
waives the previously scheduled restricted-fishing days (RFDs) for the 
remainder of the September time period. With the RFDs waived during the 
closure, fishermen aboard General category permitted vessels and Highly 
Migratory Species (HMS) Charter/Headboat permitted vessels may tag and 
release BFT of all sizes, subject to the requirements of the catch-and-
release and tag-and-release programs. On October 1, 2023, the fishery 
will reopen automatically and previously scheduled RFDs for October 
will resume.

DATES: The transfer is effective September 17, 2023, through September 
30, 2023. The closure is effective 11:30 p.m., local time, September 
17, 2023, through September 30, 2023.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
301-427-8503, and Ann Williamson, [email protected], 301-427-
8503.

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.
    As described in Sec.  635.27(a), the current baseline U.S. BFT 
quota is 1,316.14 metric tons (mt) (not including the 25 mt ICCAT 
allocated to the United States to account for bycatch of BFT in pelagic 
longline fisheries in the Northeast Distant Gear Restricted Area). The 
baseline quotas for the General and Reserve categories are 710.7 mt and 
38.2 mt, respectively. The General category baseline quota is 
suballocated to different time periods. Relevant to this action, the 
baseline subquota for the

[[Page 64386]]

September time period is 188.3 mt. To date, NMFS has published one 
action that resulted in adjustments to the Reserve category quota, 
resulting in an adjusted Reserve category quota of 27.4 mt (88 FR 
48136, July 26, 2023). In this action, NMFS is transferring 21.7 mt 
from the Reserve category to the General category September time 
period. This transfer results in 210 mt (188.3 mt + 21.7 mt = 210 mt) 
being available for the General category September time period. This 
transfer also results in 5.7 mt (27.4 mt-21.7 mt = 5.7 mt) being 
available in the Reserve category through the remainder of the 2023 
fishing year, or until modified in a later action.

Transfer of 21.7 mt From the Reserve Category to the General Category

    Under Sec.  635.27(a)(8), NMFS has the authority to transfer quota 
among fishing categories or subcategories after considering the 
determination criteria provided under Sec.  635.27(a)(7). 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)(7)(i)), biological samples 
collected from BFT landed by General 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 General 
category would support the continued collection of a broad range of 
data for these studies and for stock monitoring purposes.
    NMFS considered the catches of the General category quota to date 
and the likelihood of overharvests and an earlier closure of the 
General category if no adjustment is made (Sec.  635.27(a)(7)(ii) and 
(ix)). To date, preliminary landings data indic ate that the General 
category has landed approximately 132.5 mt for the September time 
period. Without a quota transfer at this time, the General category 
would have exceeded the available quota and NMFS would have needed to 
close the General category fishery earlier. If this had happened, 
participants would have had to stop BFT fishing activities while 
commercial-sized BFT remain available in the areas where General 
category permitted vessels operate. A quota transfer of 21.7 mt at this 
time provides limited additional opportunities to harvest the U.S. BFT 
quota while avoiding a large exceedance.
    Regarding the projected ability of the vessels fishing under the 
General category to harvest the additional amount of BFT quota 
transferred before the end of the fishing year (Sec.  
635.27(a)(7)(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. Current reports indicate the General 
category has already harvested almost all of the transferred 21.7 mt. 
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)(7)(iv)) and the ability to account for all 2023 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 anticipates having sufficient quota to 
account for landings and dead discards within the adjusted U.S. quota, 
consistent with ICCAT recommendations.
    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)(7)(v) and (vi)). This transfer would be consistent 
with established quotas and subquotas, which are implemented consistent 
with ICCAT Recommendation 22-10, 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. This consideration is based on the 
objectives of the 2006 Consolidated HMS FMP and its amendments, and 
includes achieving optimum yield on a continuing basis and optimizing 
the ability of all permit categories to harvest available BFT quota 
allocations (related to Sec.  635.27(a)(7)(x)). Specific to the General 
category, this includes providing opportunities equitably across all 
time periods.
    Given these considerations, NMFS is transferring 21.7 mt of the 
available 27.4 mt of Reserve category quota to the General category 
September time period subquota. Therefore, NMFS adjusts the General 
category September time period subquota to 210 mt and the Reserve 
category quota to 5.7 mt for the remainder of the 2023 fishing year, or 
until modified by a later action.

Closure of the September 2023 General Category Fishery

    Under Sec.  635.28(a)(1), NMFS files a closure action 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.
    To date, reported landings for the General category September time 
period total approximately 132.5 mt. Based on these landings data, NMFS 
has determined that the adjusted General category September time period 
subquota of 210 mt is projected to be reached and exceeded shortly. 
Therefore, retaining, possessing, or landing large medium or giant 
(i.e., measuring 73 inches (185 cm) curved fork length or greater) BFT 
by persons aboard vessels permitted in the Atlantic Tunas General 
category and HMS Charter/Headboat permitted vessels (while fishing 
commercially) must cease at 11:30 p.m. local time on September 17, 
2023. This action applies to Atlantic Tunas General category 
(commercial) permitted vessels and HMS Charter/Headboat 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 General category will automatically reopen October 1, 
2023, for the October through November 2023 time period, with a default 
daily retention limit of one BFT per vessel.

Adjustment of Daily Retention Limit for Selected Dates

    On May 25, 2023 (88 FR 33839), NMFS published a final rule 
implementing RFDs every Tuesday, Friday, and Saturday from July 1 
through November 30, 2023. Since the fishery will be closed for the 
remainder of the September time period, NMFS waives the previously 
scheduled RFDs

[[Page 64387]]

for the remainder of that time period. Previously scheduled RFDs will 
resume on October 1, 2023.
    With the RFDs waived during the closure, consistent with Sec.  
635.23(a)(4), fishermen aboard General category permitted vessels and 
HMS Charter/Headboat permitted vessels may 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 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 and HMS Charter/Headboat 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 https://www.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.).
    After the fishery reopens on October 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 access https://www.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. 533(b)(B), there is good cause to waive prior notice and 
opportunity to provide comment on this action, as notice and comment 
would be impracticable and contrary to 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 this quota transfer 
and closure of the General category is impracticable and contrary to 
the public interest as the General category fishery is currently 
underway for the September time period. Based on General category catch 
rates, a delay in this action would likely result in BFT landings 
exceeding the adjusted September 2023 General category quota. 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. NMFS could not have proposed this action earlier, as it 
needed to consider and respond to updated landings data, in deciding to 
transfer a portion of the Reserve category quota to the General 
category quota. 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 
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 of the above reasons, the AA finds that pursuant to 5 
U.S.C. 553(d), there is good cause to waive the 30-day delay in 
effective date.

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

    Dated: September 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-20148 Filed 9-14-23; 4:15 pm]
BILLING CODE 3510-22-P