[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Rules and Regulations]
[Pages 63812-63814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25014]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RTID 0648-XT027
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
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 53.2 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category, to
account for an accrued overharvest of 33.7 mt from previous time period
subquotas. This action is intended to provide opportunities for General
category fishermen to participate in the December General category
fishery, which is scheduled to reopen on December 1, 2019, and is 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 category permitted vessels with a commercial
sale endorsement when fishing commercially for BFT.
DATES: Effective November 18, 2019 through December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Nicholas
Velseboer, 978-281-9260, or Larry Redd, 301-427-8503.
SUPPLEMENTARY INFORMATION: Regulations implemented 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.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides 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 Highly Migratory Species Fishery Management Plan
(2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and
amendments. NMFS is required under ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a reasonable opportunity to harvest
the ICCAT-recommended quota.
The current baseline General and Reserve category quotas are 555.7
mt and 29.5 mt, respectively. See Sec. 635.27(a). Each of the General
category time periods (January, June through August, September, October
through November, and December) is allocated a ``subquota'' or portion
of the annual General category quota. The baseline subquotas for each
time period are as follows: 29.5 mt for January; 277.9 mt for June
through August; 147.3 mt for September; 72.2 mt for October through
November; and 28.9 mt for December. Any unused General category quota
rolls forward from one time period to the next and is available for use
in subsequent time periods. To date for 2019, NMFS has taken seven
actions that resulted in adjustments to the Reserve category, leaving
65.3 mt of quota currently available (84 FR 3724, February 13, 2019; 84
FR 6701, February 28, 2019; 84 FR 35340, July 23, 2019; 84 FR 47440,
September 10, 2019; and 84 FR 48566, September 16, 2019; 84 FR
[[Page 63813]]
52806, October 3, 2019; and 84 FR 55507, October 17, 2019.)
For the January 2019 subquota period, NMFS transferred 19.5 mt of
BFT quota from the December 2019 subquota period, and transferred 51 mt
from the Reserve category, resulting in an adjusted subquota of 100 mt
for the January 2019 period and a subquota of 9.4 mt for the December
2019 period (83 FR 67140, December 28, 2018, 83 FR 3724, February 13,
2019, and 84 FR 6701, February 28, 2019). NMFS closed the October
through November General category fishery when the subquota (172.2 mt)
was projected to be reached, effective October 13, 2019 (84 FR 55507,
October 17, 2019). The 2019 General category fishery reopens December
1, 2019, and will remain open until December 31, 2019, or until the
General category quota is reached, whichever comes first.
Transfer of 53.2 mt From the Reserve Category to the General Category
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering regulatory
determination criteria provided under Sec. 635.27(a)(8). NMFS has
considered all of the relevant determination criteria and their
applicability to this inseason quota transfer. These considerations
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)(8)(i)), biological samples
collected from BFT landed by General category fishermen and provided by
BFT dealers continue to provide valuable 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 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 (including during the summer/fall and winter fisheries in the last
several years), and the likelihood of closure of that segment of the
fishery if no adjustment is made (Sec. 635.27(a)(8)(ii) and (ix)).
Preliminary landings data as of November 13, 2019, indicate that the
General category has landed 791.1 mt this year, which exceeds the
overall General category adjusted quota of 766.8 mt. For all commercial
categories, however, approximately 17 percent (189.9 mt) of the total
of the BFT category quotas remains available as of November 13, 2019
(i.e., 978.1 mt of 1167.99 mt has been harvested), and NMFS anticipates
that some amount of quota may remain unused by the end of the year even
with the transfer. Absent a transfer, the December General category
fishery would remain closed, even though quota remains available within
the overall quota for the year and NMFS anticipates that commercial-
sized BFT will be readily available on the fishing grounds when the
fishery is otherwise scheduled to re-open December 1, 2019.
Transferring 53.2 mt of BFT quota from the Reserve category would allow
the General category fishery to resume as scheduled and would result in
28.9 mt being available to the General category in December after
accounting for 33.7 mt of accrued overharvest. It would also leave 12.1
mt in the Reserve category to account for any BFT mortalities
associated with research and/or any overharvests that may occur in
December.
Regarding the projected ability of the vessels fishing under the
particular category quota (here, the General category) 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. A portion of the
transferred quota covers the 33.7 mt overharvest in the category to
date, and NMFS anticipates that General category participants will be
able to harvest the remaining 28.9 mt of transferred BFT quota by the
end of the fishing year.
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 2019 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 will need to account for 2019 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and anticipates having sufficient quota to do that,
even with this 53.2 mt transfer to the General category.
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)(8)(v) and (vi)). This transfer would be consistent
with the current quotas, which were established and analyzed in the
2018 BFT quota final rule (83 FR 51391, October 11, 2018), and with
objectives of the 2006 Consolidated HMS FMP and amendments and is not
expected to negatively impact stock health or to affect the stock in
ways not already analyzed in those documents. Another principal
consideration is the objective of providing opportunities to harvest
the full annual U.S. BFT quota without exceeding it based on the goals
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 their full BFT quota allocations (related
to Sec. 635.27(a)(8)(x)). Specific to the General category, this
includes providing opportunity equitably across all time periods.
Based on the considerations above, NMFS is transferring 53.2 mt
from the Reserve category to the General category. Therefore, NMFS
adjusts the General category December 2019 subquota quota to 28.9 mt
and adjusts the Reserve category quota to 12.1 mt. The General category
fishery reopens December 1, 2019, and will remain open until December
31, 2019, or until the adjusted General category quota is reached,
whichever comes first.
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 adjustment,
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 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
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 action (e.g., quota adjustment or
closure) is 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 call the
Atlantic Tunas Information Line at (978) 281-9260, or access
hmspermits.noaa.gov, for updates on
[[Page 63814]]
quota monitoring and inseason adjustments.
NMFS reminds General category participants that when the fishery
reopens December 1, 2019, the BFT General category daily retention
limit will be one large medium or giant BFT per vessel per day/trip.
Classification
The Assistant Administrator for NMFS (AA) finds that 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:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason 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. Affording prior notice and opportunity for public comment
to implement the quota transfer for the remainder of 2019 is
impracticable and contrary to the public interest as such a delay would
result in continued closure of the General category fishery (because
the available quota has been exceeded) and the need to re-open the
fishery later in the December time period, rather than the fishery
automatically re-opening on December 1, 2019. 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.
Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for public comment. For these reasons,
there also is good cause under 5 U.S.C. 553(d) to waive the 30-day
delay in effectiveness.
This action is being taken under Sec. 635.27(a)(9) (Inseason
adjustments) and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: November 14, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-25014 Filed 11-18-19; 8:45 am]
BILLING CODE 3510-22-P