[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Rules and Regulations]
[Pages 64831-64833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20301]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 230911-0216]
RTID 0648-XC870


Atlantic Highly Migratory Species; Adjustments to 2023 North 
Atlantic 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 2023 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 2022 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, 
2023. On January 1, 2024, full annual baseline allocations of northern 
albacore, North and South Atlantic swordfish, and the Atlantic bluefin 
tuna will be available to the U.S. harvest.

DATES: Effective September 20, 2023, through December 31, 2023.

ADDRESSES: Supporting documents, including environmental assessments 
and environmental impact statements, as well as the 2006 Consolidated 
Atlantic HMS Fishery Management Plan (FMP) and its amendments, 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 Lisa Crawford or Steve 
Durkee at the email addresses and telephone numbers below.

FOR FURTHER INFORMATION CONTACT: Lisa Crawford (301-427-8503, 
[email protected]) or Steve Durkee (301-427-8503, 
[email protected]).

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including northern 
albacore, swordfish, and bluefin tuna fisheries, are managed under the 
authority of ATCA (16 U.S.C. 971 et seq.) and the Magnuson-Stevens Act 
(16 U.S.C. 1801 et seq.). The HMS 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, consistent with how the quotas are established, weight 
information for northern albacore and bluefin tuna below is shown in 
metric tons (mt) whole weight (ww), and weight information for 
swordfish is shown in both dressed weight (dw) and ww.

Northern Albacore Annual Quota and Adjustment Process

    Consistent with the northern albacore quota regulations at 50 CFR 
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 and when complete 
catch information for the prior year is available and finalized. 
Consistent with ICCAT Recommendation 21-04, on June 1, 2022, NMFS 
finalized a final rule that implemented a management procedure for 
northern albacore (87 FR 33049). This management procedure established 
a total allowable catch (TAC) of 37,801 mt and maintained the 711.5-mt 
U.S. northern albacore quota for 2022 and 2023. The annual baseline 
quota of 711.5 mt is codified at Sec.  635.27(e).
    Relevant to the northern albacore quota adjustment in this action, 
and as codified at Sec.  635.27(e)(2), the maximum underharvest that an 
ICCAT Contracting Party may carry forward from one year to the next is 
25 percent of its baseline quota, which equates to 177.9 mt for the 
United States. For 2022, the adjusted quota was 889.4 mt (711.5 mt plus 
177.9 mt of 2021 underharvest). In 2022, U.S. landings of northern 
albacore were 310.6 mt, which is an underharvest of 578.8 mt of the 
2022 adjusted quota. This underharvest exceeds the 177.9-mt 
underharvest carryover limit allowed under Recommendation 21-04; 
therefore, only 177.9 mt may be carried forward to the 2023 fishing 
year. Thus, the adjusted 2023 northern albacore quota will be 889.4 mt 
(711.5 mt plus 177.9 mt) (Table 1).

                  Table 1--2023 Northern Albacore Quota
------------------------------------------------------------------------
    Northern albacore quota  (mt ww)           2022            2023
------------------------------------------------------------------------
Baseline Quota..........................           711.5           711.5
Underharvest from Previous Year.........           573.7           578.8
Underharvest Carryover from Previous            (+)177.9        (+)177.9
 Year [dagger]..........................
Adjusted Quota (Baseline + Underharvest)           889.4           889.4
------------------------------------------------------------------------
[dagger] Allowable underharvest carryover is capped at 25 percent of the
  baseline quota allocation (177.9 mt ww).


[[Page 64832]]

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 carryover limits and when 
complete catch information for the prior year is available and 
finalized. Consistent with ICCAT Recommendation 17-02 as amended by 
Recommendations 21-02 and 22-03, the U.S. North Atlantic swordfish 
baseline annual quota through 2023 is 2,937.6 mt dw (3,907.0 mt ww).
    Relevant to the North Atlantic swordfish quota adjustment in this 
action, and as codified at Sec.  635.27(c)(3), the maximum underharvest 
that the United States may carry forward from one year to the next is 
15 percent of the baseline quota, which equates to 440.6 mt dw (586.0 
mt ww). For 2022, the adjusted North Atlantic swordfish quota was 
3,378.2 mt dw (2,937.6 mt dw baseline quota plus 440.6 mt dw of 2021 
underharvest). In 2022, landings U.S. landings of North Atlantic 
swordfish, which includes landings and dead discards, was 1,006.9 mt 
dw, which is an underharvest of 2,371.3 mt dw of the 2022 adjusted 
quota. This underharvest exceeds the 440.6-mt dw underharvest carryover 
limit allowed under Recommendation 22-03; therefore, only 440.6 mt dw 
may be carried forward to the 2023 fishing year. Thus, the adjusted 
2023 North Atlantic Swordfish quota will be 3,378.2 mt dw (2,937.6 mt 
dw plus 440.6 mt dw). In accordance with regulations at Sec.  
635.27(c)(1)(i), 50 mt dw of the adjusted quota will be allocated to 
the Reserve category for inseason adjustments and research, 300 mt dw 
of the adjusted quota will be allocated to the incidental category, 
which covers recreational landings and landings by incidental swordfish 
permit holders, and the remainder of the adjusted quota (3,028.2 mt dw) 
will be allocated to the directed category, which will be split equally 
between two seasons in 2023 (January through June, and July through 
December) (Table 2).

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, if needed, consistent with ICCAT carryover 
limits and when complete catch information for the prior year is 
available and finalized. Consistent with ICCAT Recommendation 17-03 as 
amended by Recommendation 22-04, the U.S. South Atlantic swordfish 
baseline annual quota through 2026 is 75.2 mt dw (100 mt ww), and the 
amount of underharvest that the U.S. can carry forward from one year to 
the next is 75.2 mt dw (100 mt ww) (Table 2). In 2022 there were no 
landings of South Atlantic swordfish by U.S. fishermen, which is an 
underharvest of 75.2 mt dw of the 2022 adjusted quota. Of that 
underharvest 75.2 mt dw may be carried forward to the 2023 fishing 
year. Under Recommendations 17-03 and 22-04, the United States 
continues 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. Thus, the adjusted 2023 South Atlantic swordfish quota will be 
75.2 mt dw.

         Table 2--2023 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
 North Atlantic swordfish quota  (mt dw)       2022            2023
------------------------------------------------------------------------
Baseline Quota..........................         2,937.6         2,937.6
Underharvest from Previous Year.........         2,416.4         2,371.3
Underharvest Carryover from Previous            (+)440.6        (+)440.6
 Year [dagger]..........................
Adjusted Quota (Baseline + Carryover)...         3,378.2         3,378.2
Quota Allocation:
    Directed Category...................         3,028.2         3,028.2
    Incidental Category.................           300.0           300.0
    Reserve Category....................            50.0            50.0
------------------------------------------------------------------------
South Atlantic swordfish quota                      2022            2023
(mt dw)
------------------------------------------------------------------------
Baseline Quota..........................            75.2            75.2
International Quota Transfers *.........         (-)75.2         (-)75.2
Underharvest from Previous Year.........            75.2            75.2
Underharvest Carryover from Previous                75.2            75.2
 Year [dagger]..........................
Adjusted quota (Baseline + Transfers +              75.2            75.2
 Carryover).............................
------------------------------------------------------------------------
[dagger] Allowable underharvest carryover is capped at 15 percent of the
  baseline quota allocation (440.6 mt dw) for the North Atlantic and
  75.2 dw (100 mt ww) for the South Atlantic.
* Under ICCAT Recommendations 17-03 and 21-03, 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 for the prior year is available and 
finalized.
    In 2022, NMFS implemented relevant provisions of an ICCAT western 
Atlantic bluefin tuna recommendation [adopted at the 2021 annual 
meeting] (Rec. 21-07) in a final rule that published on June 1, 2022 
(87 FR 33049). That rulemaking implemented the annual U.S. baseline 
quota of 1,316.1 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 quota of 1,341.1 mt. At the 2022 
annual meeting, a management procedure was implemented for bluefin tuna 
(Rec. 22-09). This management procedure set the western Atlantic 
bluefin tuna TAC for 2023 through 2025 at the same level as 2021 (Rec. 
22-10). As such, the total annual U.S. bluefin tuna quota for 2023 
remains 1,341.1 mt

[[Page 64833]]

(see Sec.  635.27(a)). Consistent with Recommendation 22-10, the 
maximum underharvest that the United States can carry forward from one 
year to the next is 10 percent of its total annual quota, which equates 
to 134.1 mt.
    In 2022, the adjusted U.S. quota was 1,468.4 mt and the U.S. catch, 
including landings and dead discards, totaled 1,361.9 mt. Thus, the 
2022 underharvest was 106.5 mt, which is less than the underharvest 
carryover limit (134.1 mt). As such, the United States is carrying 
forward the allowable 106.5 mt underharvest to 2023. Per Sec.  
635.27(a) this underharvest augments the Reserve category quota. The 
2023 Reserve category quota of 38.2 mt was recently adjusted to 27.4 mt 
(88 FR 48136, July 26, 2023). Thus, the adjusted 2023 Reserve category 
quota is now, through this action, 133.9 mt (106.5 mt plus 27.4 mt) 
(Table 3).

                    Table 3--2023 Bluefin Tuna Quota
------------------------------------------------------------------------
       Bluefin tuna quota  (mt ww)             2022            2023
------------------------------------------------------------------------
Baseline Quota..........................         1,316.1         1,316.1
Total Quota (Baseline Quota + Bycatch            1,341.1         1,341.1
 Allocation) *..........................
Underharvest from Previous Year.........           194.5           106.5
Underharvest Carryover from Previous            (+)127.3        (+)106.5
 Year [dagger]..........................
Adjusted Quota (Total quota + Carryover)         1,468.4         1,447.7
Baseline Reserve Category Quota.........            38.2   [Dagger] 38.2
Adjusted Reserve Category Quota (Reserve           306.7           133.9
 quota + Carryover).....................
------------------------------------------------------------------------
Values in this table are subject to rounding error.
* The United States is allocated an additional 25 mt to account for
  bycatch related to pelagic longline fisheries in the Northeast Distant
  gear restricted area (NED).
[dagger] Allowable underharvest carryover is capped at 10 percent of the
  total annual quota (134.11 mt ww).
[Dagger] The 2023 Reserve category quota of 38.2 mt was recently
  adjusted to 27.4 mt (88 FR 48136, July 26, 2023).

Classification

    NMFS is issuing this rule pursuant to 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) has determined that this 
final rule is consistent with the 2006 Consolidated HMS FMP, Amendment 
13 to the 2006 Consolidated Atlantic HMS FMP, ATCA, and other 
applicable law.
    The AA finds that pursuant to 5 U.S.C. 553(b)(B), it is unnecessary 
to provide prior notice of, and an opportunity for public comment on, 
this action for the following reasons. The rulemaking processes for 
Amendment 13 to the 2006 Consolidated HMS FMP (87 FR 59966, October 3, 
2022), the 2022 Atlantic bluefin tuna and northern albacore quota rule 
(87 FR 33049, June 1, 2022), and 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 to the relevant quotas in this temporary final rule is a 
routine action that does not have discretionary aspects requiring 
additional agency consideration. There are no new baseline quotas for 
the relevant species for 2023. Additionally, similar actions to adjust 
the quotas based on the previous year's underharvest occur annually and 
the regulated community expects similar adjustments in 2023. Thus, it 
is unnecessary to provide prior notice and an additional opportunity 
for public comment on this rule.
    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. This rule is a routine action that the 
regulated community anticipates annually and does not need time to 
prepare for. The 2023 fisheries for northern albacore, North and South 
Atlantic swordfish, and bluefin tuna opened on January 1, 2023. NMFS 
monitors northern albacore, North and South Atlantic swordfish, and 
bluefin tuna annual catch and uses the previous year's catch data to 
calculate the legally allowable quotas for the current year. However, 
these adjustments to the 2023 quotas could not occur earlier in the 
year because the final 2022 landings data--which first must collected, 
compiled, and submitted in association with ICCAT reporting 
requirements--were not available until now. Given that these fisheries 
are currently open and permit-holders are actively fishing, delaying 
the effective date of this rule's quota adjustments would in turn lead 
to premature closure of one or more affected fisheries if the 
unadjusted quota limit is reached within the next 30 days. Such an 
event would negatively affect the regulated fisheries' reasonable 
opportunity to catch the available quotas, contrary to Magnuson-Stevens 
Act requirements and overall purpose of sound conservation and 
management of fisheries--including highly migratory species--in a 
manner that achieves optimum yield. Furthermore, delaying the effective 
date of this rule would delay the application of North and South 
Atlantic swordfish quota transfers pursuant to ICCAT obligations to 
U.S. quota limits, contrary to requirements under ATCA, and delay NMFS' 
ability to transfer quota inseason, as needed, from the bluefin Reserve 
category to other fishing categories to ensure fishing opportunities 
and avoid premature fishery closures. As with the quota adjustments, 
such a delay would be contrary to the Magnuson-Stevens Act requirement 
to allow U.S. vessels reasonable opportunity to harvest highly 
migratory species allocations and quotas under relevant international 
fishery agreements such as the ICCAT Convention.
    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 14, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-20301 Filed 9-19-23; 8:45 am]
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