[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67654-67656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21707]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0193; RTID 0648-XD386]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; General Category October Through November Time Period 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 25 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the General category 
October through November time period resulting in an adjusted October 
through November time period subquota of 117.4 mt and a Reserve 
category quota of 87.2 mt. 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: The transfer is effective September 28, 2023, through November 
30, 2023.

FOR FURTHER INFORMATION CONTACT: Lisa Crawford, [email protected], 
301-427-8503; or Larry Redd, Jr., [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 October to November time period is 92.4 mt. 
To date, NMFS has published several actions that resulted in 
adjustments to the Reserve category quota, including the allowable 
carryover of underharvest from 2022 to 2023, resulting in an adjusted 
Reserve category quota of 112.2 mt (88 FR 48136, July 26, 2023; 88 FR 
64385,

[[Page 67655]]

September 19, 2023; 88 FR 64831 September 20, 2023). In this action, 
NMFS is transferring 25 mt from the Reserve category to the General 
category October through November time period. This transfer results in 
117.4 mt (92.4 mt + 25 mt = 117.4 mt) being available for the General 
category October through November time period. This transfer also 
results in 87.2 mt (112.2 mt - 25 mt = 87.2 mt) being available in the 
Reserve category through the remainder of the 2023 fishing year.

Transfer of 25 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 will 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)). While the General category is currently closed and the October 
through November time-period subquota has not yet opened or been 
exceeded, without a quota transfer, NMFS would likely need to close the 
General category shortly after the October through November time period 
opens and participants would have to stop BFT fishing activities while 
commercial-sized BFT remain available in the areas where General 
category permitted vessels operate. A quota transfer of 25 mt at this 
time provides 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 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. Thus, this quota transfer will 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 most of 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 106.5 mt of underharvest from 2022 to 2023 
(88 FR 64831, September 20, 2023). 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 25 mt of the 
available 112.2 mt of Reserve category quota to the General category 
October through November time period subquota. Therefore, NMFS adjusts 
the General category October through November time period subquota to 
117.4 mt and the Reserve category quota to 87.2 mt for the remainder of 
the 2023 fishing year, or until modified by a later action.

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.).
    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 https://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

[[Page 67656]]

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 
of the General category is impracticable and contrary to the public 
interest as the General category fishery will open on October 1 for the 
October through November time period. Based on General category catch 
rates, a delay in this action would likely result in BFT landings 
exceeding the adjusted October through November 2023 General category 
quota shortly after the opening on October 1. 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 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-21707 Filed 9-27-23; 4:15 pm]
BILLING CODE 3510-22-P