[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Rules and Regulations]
[Pages 58074-58076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15745]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193]
RTID 0648-XE051


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Harpoon Category 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 10.8 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 2024 
fishing season is 70 mt. The 2024 Harpoon category fishery is open 
until November 15, 2024, or until the Harpoon category quota is 
reached, whichever comes first. This action is intended to provide 
further harvest 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 15, 2024, through November 15, 2024.

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

SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the 
2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments, 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with 
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS 
implementing regulations are at 50 CFR part 635. Section 635.27(a) 
divides the U.S. BFT quota, established 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 at 16 
U.S.C. 1854(g)(1)(D) 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.

Transfer From the Reserve Category to the Harpoon Category

    As described in Sec.  635.27(a), the baseline quotas for the 
Harpoon and Reserve categories are 59.2 mt and 38.2 mt, respectively. 
The 2024 Harpoon category fishery opened June 1, and is open through 
November 15, 2024, or until the Harpoon category quota is reached, 
whichever comes first. Effective June 1, 2024, NMFS adjusted the daily 
retention limit for the Harpoon category from the default of no more 
than 10 large medium and giant BFT to no more than 5 large medium or 
giant BFT (89 FR 45779). In this action, NMFS is transferring 10.8 mt 
from the Reserve category to the Harpoon category. This transfer 
results in 70 mt (59.2 mt + 10.8 mt = 70 mt) being available for the 
Harpoon category through November 15, 2024, or until the Harpoon 
category quota is reached, whichever comes first. This transfer also 
results in 27.4 mt (38.2 mt-10.8 mt = 27.4 mt) being available in the 
Reserve category through the remainder of the 2024 fishing year.
    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 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

[[Page 58075]]

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 Harpoon category quota to date 
and the likelihood of closure of the Harpoon category if no adjustment 
is made (Sec.  635.27(a)(7)(ii)), as well as daily landing trends and 
the availability of BFT on fishing grounds (Sec.  635.27(a)(7)(ix)). To 
date, preliminary landings data indicate that the Harpoon category has 
landed approximately 42.4 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 despite 
commercial-sized BFT remaining available in the areas where Harpoon 
category permitted vessels operate. A quota transfer of 10.8 mt 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 
Harpoon 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 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. Nevertheless, NMFS anticipates that 
the Harpoon category could harvest the transferred 10.8 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 in late 2022 (87 FR 73504, November 
30, 2022). Thus, this quota transfer would allow Harpoon category 
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 2024 landings and 
dead discards (Sec.  635.27(a)(7)(xi)). 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 BFT 
rebuilding and overfishing, 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 recommendations 
(established in 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 such as rebuilding and avoiding 
overfishing, and effects on the stock. This quota transfer is in line 
with the established management measures and stock status 
determinations. It is also important that NMFS limit landings to the 
quota both to adhere to the FMP quota allocations and to ensure that 
landings are as consistent as possible with the pattern of fishing 
mortality (e.g., fish caught at each age) that was assumed in the 
latest stock assessment, and this quota transfer is consistent with 
those objectives. Another principal consideration is the objective of 
providing opportunities to harvest the available Harpoon category quota 
without exceeding the annual quota. This consideration is based on the 
objectives of the 2006 Consolidated HMS FMP and its amendments, 
including achieving optimum yield on a continuing basis and allowing 
all permit categories a reasonable opportunity to harvest available BFT 
quota allocations (related to Sec.  635.27(a)(7)(x)).

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Per Sec.  
635.5(b)(2)(i)(A), 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 per 
Sec.  635.5(a)(4) 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://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 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 (16 U.S.C. 1885(d)) and regulations at 50 CFR part 635 and 
this action 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), 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 the public interest for the 
following reasons. Specifically, the regulations implementing the 2006 
Consolidated HMS FMP and amendments provide for inseason adjustments 
and quota transfers 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 
to the Harpoon category for the remainder of 2024 is impracticable and 
contrary to the public interest as the Harpoon category fishery is 
currently underway. Based on Harpoon category catch rates, a delay in 
this action would likely result in closure of the Harpoon fishery when 
the baseline quota is met, with attendant administrative costs and 
costs to the fishery. NMFS could not have proposed this action earlier, 
as it needed to consider updated landings data in deciding whether to 
transfer a portion of the Reserve category quota to the Harpoon 
category quota. A delay in implementing this quota transfer would 
preclude the fishery from harvesting BFT that are currently available 
on the fishing grounds and that might otherwise become unavailable 
during a delay. This action does not raise conservation and management 
concerns and would support effective management of the BFT fishery. 
Transferring quota from the Reserve category to the Harpoon category 
does not affect the overall ICCAT-allocated U.S. BFT quota, and 
available data show

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the adjustment would have a minimal risk of exceeding the overall 
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: July 12, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-15745 Filed 7-15-24; 4:15 pm]
BILLING CODE 3510-22-P