Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 72857-72859 [2021-27898]
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
4. Effective January 24, 2022, in
§ 622.21:
■ a. Revise the second sentence in
paragraph (a)(3)(i);
■ b. Revise the third sentence in
paragraph (b)(1); and
■ c. Revise the first sentence in
paragraphs (b)(11)(i) and (b)(11)(ii)(A)
introductory text.
The revisions read as follows:
■
§ 622.21 Individual fishing quota (IFQ)
program for Gulf red snapper.
(a) * * *
(3) * * *
(i) * * * The computer must have
current, up-to-date browser software
installed, which may be downloaded
from the internet for free. * * *
*
*
*
*
*
(b) * * *
(1) * * * An owner of a vessel with
a commercial vessel permit for Gulf reef
fish, who has established an IFQ
account for Gulf red snapper as
specified in paragraph (a)(3)(i) of this
section, online via the NMFS IFQ
website https://
secatchshares.fisheries.noaa.gov/, may
establish a vessel account through that
IFQ account for that permitted vessel.
* * *
*
*
*
*
*
(11) * * *
(i) * * * A current participant in the
red snapper IFQ program must complete
and submit the application for an IFQ
Account that is available on the website
https://secatchshares.fisheries.noaa.gov,
to certify status as a U.S. citizen or
permanent resident alien. * * *
(ii) * * *
(A) To establish an IFQ account, a
person must first complete the
application for an IFQ Account that is
available on the website https://
secatchshares.fisheries.noaa.gov. * * *
*
*
*
*
*
■ 5. Effective January 24, 2022, in
§ 622.22:
■ a. Revise the second sentence in
paragraph (a)(3)(i);
■ b. Revise the third sentence in
paragraph (b)(1); and
■ c. Revise the first sentence in
paragraph (b)(11)(i).
The revisions read as follows:
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§ 622.22 Individual fishing quota (IFQ)
program for Gulf groupers and tilefishes.
(a) * * *
(3) * * *
(i) * * * The computer must have
current, up-to-date browser software
installed, which may be downloaded
from the internet for free. * * *
*
*
*
*
*
(b) * * *
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(1) * * * An owner of a vessel with
a commercial vessel permit for Gulf reef
fish, who has established an IFQ
account for the applicable species, as
specified in paragraph (a)(3)(i) of this
section, online via the NMFS IFQ
website https://
secatchshares.fisheries.noaa.gov, may
establish a vessel account through that
IFQ account for that permitted vessel.
* * *
*
*
*
*
*
(11) * * *
(i) A current participant in the Gulf
grouper and tilefish IFQ program must
complete and submit the application for
an IFQ Account that is available on the
website https://
secatchshares.fisheries.noaa.gov, to
certify status as a U.S. citizen or
permanent resident alien. * * *
*
*
*
*
*
■ 6. Effective December 23, 2021, in
§ 622.41, revise paragraph (k) to read as
follows:
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(k) Lane snapper. If the sum of the
commercial and recreational landings,
as estimated by the SRD, reaches or is
projected to reach the stock ACL, as
specified in this paragraph (k), the AA
will file a notification with the Office of
the Federal Register to close the
commercial and recreational sectors for
the remainder of the fishing year. The
stock ACL for lane snapper is 1,028,973
lb (466,734 kg), round weight.
*
*
*
*
*
[FR Doc. 2021–27752 Filed 12–22–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02; RTID
0648–XB640]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 19.5
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the 28.9-mt General
category December 2022 subquota to the
January through March 2022 subquota
SUMMARY:
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period. The adjusted General category
January through March 2022 subquota is
49 mt. NMFS reminds General category
participants that when the fishery
reopens January 1, 2022, the daily
retention limit will be one large medium
or giant bluefin tuna (i.e., measuring 73
inches (185 cm) curved fork length or
greater) per vessel per day/trip. This
action is intended to provide further
opportunities for General category
fishermen to participate in the January
through March General category fishery,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments and applies to
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.
Effective January 1, 2022,
through March 31, 2022.
DATES:
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, Nicholas Velseboer,
nicholas.velsboer@noaa.gov, 978–281–
9260, or Thomas Warren,
thomas.warren@noaa.gov, 978–281–
9347.
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.
The baseline General category quota is
555.7 mt. The General category baseline
subquota for the January through March
time-period is 29.5 mt.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
Transfer of 19.5 mt From the December
2022 Subquota to the January Through
March 2022 Subquota
Under § 635.27(a)(1)(ii), NMFS has
the authority to transfer subquota from
one time period to another time period
through inseason action after
considering determination criteria
provided under § 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 (§ 635.27(a)(8)(i)), biological
samples collected from BFT landed by
General category fishermen and
provided by tuna dealers 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 also considered the catches of
the General category quota to date
(including in December 2021 and during
the winter fishery in the last several
years) and the likelihood of closure of
that segment of the fishery if no
adjustment is made (§ 635.27(a)(8)(ii)
and (ix)). Without a quota transfer from
the December 2022 subquota period, the
quota available for the January through
March period would be 29.5 mt and
participants would have to stop BFT
fishing activities once that amount is
met, while commercial-sized BFT
remain available in the areas where
General category permitted vessels
operate. Transferring 19.5 mt of the
28.9-mt quota available for the
December 2022 subquota period would
result in 49 mt (29.5 mt + 19.5 mt = 49
mt) being available for the January
through March 2022 subquota period.
This quota transfer would provide
limited additional opportunities to
harvest the U.S. BFT quota while
avoiding exceeding it, while preserving
the opportunity for General category
fishermen to participate in the winter
BFT fishery at both the beginning and
end of the calendar year.
Regarding the projected ability of the
vessels fishing under the General
category quota to harvest the additional
amount of BFT quota transferred before
the end of the fishing year
(§ 635.27(a)(8)(iii)), NMFS considered
General category landings over the last
several years. Landings are highly
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variable and depend on access to
commercial-sized BFT and fishing
conditions, among other factors. NMFS
may adjust each period’s subquota
based on overharvest or underharvest in
the prior period and may transfer
subquota from one time period to
another time period. By allowing for
such quota adjustments and transfers,
NMFS anticipates that the General
category quota would be used before the
end of the fishing year. For 2021, NMFS
transferred 19.5 mt of quota from the
December 2021 subquota period to the
January through March 2021 subquota
period, resulting in an adjusted
subquota of 49 mt for the January
through March 2021 period and an
adjusted subquota of 9.4 mt for the
December 2021 period (85 FR 83832,
December 23, 2020). NMFS also made a
transfer of 26 mt from the Reserve to the
General category effective February 8,
2021, resulting in an adjusted subquota
of 75 mt for the January through March
2021 period (86 FR 8717, February 9,
2021), and closed the General category
fishery for the January through March
subquota period effective February 27,
2021 (86 FR 12291).
NMFS also considered the estimated
amounts by which quotas for other gear
categories of the BFT fishery might be
exceeded (§ 635.27(a)(8)(iv)) and the
ability to account for all 2022 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
2022 landings and dead discards within
the adjusted U.S. quota, consistent with
ICCAT recommendations, and
anticipates having sufficient quota to do
that. Thus, this quota transfer would
allow fishermen to take advantage of the
availability of fish on the fishing
grounds to the extent consistent with
the available amount of transferrable
quota and other management objectives,
while avoiding quota exceedance.
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
(§ 635.27(a)(8)(v) and (vi)). This transfer
would be consistent with established
quotas and subquotas, which are
implemented consistent with ICCAT
recommendations (established in
Recommendation 17–06 and maintained
in Recommendation 20–06), ATCA, and
the objectives of the 2006 Consolidated
HMS FMP and amendments. While not
yet implemented, NMFS anticipates this
transfer would also be consistent with
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ICCAT Recommendation 21–07. 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,
based on the objectives of the 2006
Consolidated HMS FMP and its
amendments, including to achieve
optimum yield on a continuing basis
and to allow all permit categories a
reasonable opportunity to harvest
available BFT quota allocations (related
to § 635.27(a)(8)(x)). Specific to the
General category, this includes
providing opportunities equitably across
all time-periods.
NMFS also anticipates that some
underharvest of the 2021 adjusted U.S.
BFT quota will be carried forward to
2022 and placed in the Reserve
category, in accordance with the
regulations. This, in addition to the fact
that NMFS may adjust each period’s
subquota based on overharvest or
underharvest in the prior period, as well
as NMFS’ plan to actively manage the
subquotas to avoid any exceedances,
makes it likely that General category
quota will remain available through the
end of 2022 for December fishery
participants, even with the quota
transfer. NMFS also may choose to
transfer unused quota from the Reserve
or other categories, inseason, based on
consideration of the determination
criteria, as NMFS did for late 2021.
NMFS anticipates that General category
participants in all areas and time
periods will have opportunities to
harvest the General category quota in
2022, through active inseason
management actions such as retention
limit adjustments and/or the timing of
quota transfers, as practicable.
Given these considerations, NMFS is
transferring 19.5 mt of the available
28.9-mt General category quota
allocated for the December 2022 period
to the January through March 2022
period, resulting in an adjusted January
through March 2022 subquota of 49 mt,
and an adjusted December 2022
subquota of 9.4 mt. The General
category fishery will remain open until
March 31, 2022, or until the adjusted
General category quota is reached,
whichever comes first.
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
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
category and HMS Charter/Headboat
vessel owners are required to report the
catch of all BFT retained or discarded
dead within 24 hours of the landing(s)
or the 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.).
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
five per vessel based on consideration of
the relevant criteria provided under
§ 635.27(a)(8). However, at this time,
NMFS is maintaining the default daily
retention limit of one large medium or
giant BFT per vessel per day/trip
(§ 635.23(a)(2)) for the January through
March 2022 General category fishery.
Regardless of the duration of a fishing
trip, no more than a single day’s
retention limit may be possessed,
retained, or landed. For example (and
specific to the limit that will apply
beginning January 1, 2022), whether a
vessel fishing under the General
category limit takes a 2-day trip or
makes two trips in 1 day, the daily limit
of one fish may not be exceeded upon
landing. This General category retention
limit is effective in all areas, except for
the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT, and
applies to those vessels permitted in the
General category, as well as to those
HMS Charter/Headboat permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional
adjustments (e.g., quota adjustment,
daily retention limit adjustment, or
closure) 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
hmspermits.noaa.gov, for updates on
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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 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 its
amendments provide for inseason
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. Affording
prior notice, an opportunity for public
comment, and a delay in effective date
regarding this quota transfer for the
January through March 2022 subquota
period is impracticable and contrary to
the public interest. NMFS could not
have proposed this action earlier, as it
needed to consider and respond to
updated landings data, including the
recently available December 2021 data,
in deciding to transfer a portion of the
December 2022 subquota to the January
through March 2022 subquota. If NMFS
was to offer a public comment period or
delay in effective date now, after having
appropriately considered that data, it
could preclude fishermen from
harvesting BFT that are legally available
consistent with all of the regulatory
criteria. This action does not raise
conservation and management concerns.
Transferring quota within the General
category does not affect the overall U.S.
BFT quota, and 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. 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
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 20, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–27898 Filed 12–20–21; 4:15 pm]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 211217–0262; RTID 0648–
XX072]
Fisheries of the Northeastern United
States; 2022 and Projected 2023
Summer Flounder, Scup, and Black
Sea Bass Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS announces 2022 and
projected 2023 specifications for the
summer flounder, scup, and black sea
fisheries. The implementing regulations
for the Summer Flounder, Scup, and
Black Sea Bass Fishery Management
Plan require us to publish specifications
for the upcoming fishing year for each
of these species. This action is intended
to inform the public of the
specifications for the start of the 2022
fishing year for summer flounder, scup,
and black sea bass.
DATES: This rule is effective January 1,
2022.
ADDRESSES: A Supplemental
Information Report (SIR) was prepared
for the 2022–2023 summer flounder,
scup, and black sea bass specifications.
Copies of the SIR are available on
request from Dr. Christopher M. Moore,
Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901.
The SIR is also accessible via the
internet at https://www.mafmc.org/s/
SFSBSB_2022-2023_specs_SIR_
final.pdf.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Policy Analyst,
(978) 281–9116.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery
Management Council (Council) and the
Atlantic States Marine Fisheries
Commission (Commission)
cooperatively manage the summer
flounder, scup, and black sea bass
fisheries. The Summer Flounder, Scup,
and Black Sea Bass Fishery Management
Plan (FMP) outlines the Council’s
process for establishing specifications.
The FMP requires NMFS to set an
acceptable biological catch (ABC),
annual catch limit (ACL), annual catch
targets (ACT), commercial quotas,
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]]>Agencies
[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72857-72859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27898]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XB640]
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.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 19.5 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the 28.9-mt General category December 2022
subquota to the January through March 2022 subquota period. The
adjusted General category January through March 2022 subquota is 49 mt.
NMFS reminds General category participants that when the fishery
reopens January 1, 2022, the daily retention limit will be one large
medium or giant bluefin tuna (i.e., measuring 73 inches (185 cm) curved
fork length or greater) per vessel per day/trip. This action is
intended to provide further opportunities for General category
fishermen to participate in the January through March General category
fishery, based on consideration of the regulatory determination
criteria regarding inseason adjustments and applies to 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: Effective January 1, 2022, through March 31, 2022.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected],
301-427-8503, Nicholas Velseboer, [email protected], 978-281-
9260, or Thomas Warren, [email protected], 978-281-9347.
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.
The baseline General category quota is 555.7 mt. The General
category baseline subquota for the January through March time-period is
29.5 mt.
[[Page 72858]]
Transfer of 19.5 mt From the December 2022 Subquota to the January
Through March 2022 Subquota
Under Sec. 635.27(a)(1)(ii), NMFS has the authority to transfer
subquota from one time period to another time period through inseason
action after considering 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
tuna dealers 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.[FEDREG][VOL]*[/
VOL][NO]*[/NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/
AGENCY][SUBJECT]*[/SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]
NMFS also considered the catches of the General category quota to
date (including in December 2021 and during the winter fishery 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)).
Without a quota transfer from the December 2022 subquota period, the
quota available for the January through March period would be 29.5 mt
and participants would have to stop BFT fishing activities once that
amount is met, while commercial-sized BFT remain available in the areas
where General category permitted vessels operate. Transferring 19.5 mt
of the 28.9-mt quota available for the December 2022 subquota period
would result in 49 mt (29.5 mt + 19.5 mt = 49 mt) being available for
the January through March 2022 subquota period. This quota transfer
would provide limited additional opportunities to harvest the U.S. BFT
quota while avoiding exceeding it, while preserving the opportunity for
General category fishermen to participate in the winter BFT fishery at
both the beginning and end of the calendar year.
Regarding the projected ability of the vessels fishing under the
General category quota 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. Landings are highly variable and depend on access
to commercial-sized BFT and fishing conditions, among other factors.
NMFS may adjust each period's subquota based on overharvest or
underharvest in the prior period and may transfer subquota from one
time period to another time period. By allowing for such quota
adjustments and transfers, NMFS anticipates that the General category
quota would be used before the end of the fishing year. For 2021, NMFS
transferred 19.5 mt of quota from the December 2021 subquota period to
the January through March 2021 subquota period, resulting in an
adjusted subquota of 49 mt for the January through March 2021 period
and an adjusted subquota of 9.4 mt for the December 2021 period (85 FR
83832, December 23, 2020). NMFS also made a transfer of 26 mt from the
Reserve to the General category effective February 8, 2021, resulting
in an adjusted subquota of 75 mt for the January through March 2021
period (86 FR 8717, February 9, 2021), and closed the General category
fishery for the January through March subquota period effective
February 27, 2021 (86 FR 12291).
NMFS also considered the estimated amounts by which quotas for
other gear categories of the BFT fishery might be exceeded (Sec.
635.27(a)(8)(iv)) and the ability to account for all 2022 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 2022 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and anticipates having sufficient quota to do that.
Thus, this quota transfer would allow fishermen to take advantage of
the availability of fish on the fishing grounds to the extent
consistent with the available amount of transferrable quota and other
management objectives, while avoiding quota exceedance. 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 established quotas and subquotas, which are implemented consistent
with ICCAT recommendations (established in Recommendation 17-06 and
maintained in Recommendation 20-06), ATCA, and the objectives of the
2006 Consolidated HMS FMP and amendments. While not yet implemented,
NMFS anticipates this transfer would also be consistent with ICCAT
Recommendation 21-07. 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, based on the objectives of the 2006
Consolidated HMS FMP and its amendments, including to achieve optimum
yield on a continuing basis and to allow all permit categories a
reasonable opportunity to harvest available BFT quota allocations
(related to Sec. 635.27(a)(8)(x)). Specific to the General category,
this includes providing opportunities equitably across all time-
periods.
NMFS also anticipates that some underharvest of the 2021 adjusted
U.S. BFT quota will be carried forward to 2022 and placed in the
Reserve category, in accordance with the regulations. This, in addition
to the fact that NMFS may adjust each period's subquota based on
overharvest or underharvest in the prior period, as well as NMFS' plan
to actively manage the subquotas to avoid any exceedances, makes it
likely that General category quota will remain available through the
end of 2022 for December fishery participants, even with the quota
transfer. NMFS also may choose to transfer unused quota from the
Reserve or other categories, inseason, based on consideration of the
determination criteria, as NMFS did for late 2021. NMFS anticipates
that General category participants in all areas and time periods will
have opportunities to harvest the General category quota in 2022,
through active inseason management actions such as retention limit
adjustments and/or the timing of quota transfers, as practicable.
Given these considerations, NMFS is transferring 19.5 mt of the
available 28.9-mt General category quota allocated for the December
2022 period to the January through March 2022 period, resulting in an
adjusted January through March 2022 subquota of 49 mt, and an adjusted
December 2022 subquota of 9.4 mt. The General category fishery will
remain open until March 31, 2022, or until the adjusted General
category quota is reached, whichever comes first.[FEDREG][VOL]*[/
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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 category and HMS Charter/Headboat vessel owners are required to
report the catch of all BFT retained or discarded dead within 24 hours
of the landing(s) or the 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.).
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8). However, at this time, NMFS
is maintaining the default daily retention limit of one large medium or
giant BFT per vessel per day/trip (Sec. 635.23(a)(2)) for the January
through March 2022 General category fishery. Regardless of the duration
of a fishing trip, no more than a single day's retention limit may be
possessed, retained, or landed. For example (and specific to the limit
that will apply beginning January 1, 2022), whether a vessel fishing
under the General category limit takes a 2-day trip or makes two trips
in 1 day, the daily limit of one fish may not be exceeded upon landing.
This General category retention limit is effective in all areas, except
for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT,
and applies to those vessels permitted in the General category, as well
as to those HMS Charter/Headboat permitted vessels with a commercial
sale endorsement when fishing commercially for BFT.
Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional adjustments (e.g., quota adjustment,
daily retention limit adjustment, or closure) 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 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 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 its
amendments provide for inseason 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. Affording prior notice, an opportunity for public comment,
and a delay in effective date regarding this quota transfer for the
January through March 2022 subquota period is impracticable and
contrary to the public interest. NMFS could not have proposed this
action earlier, as it needed to consider and respond to updated
landings data, including the recently available December 2021 data, in
deciding to transfer a portion of the December 2022 subquota to the
January through March 2022 subquota. If NMFS was to offer a public
comment period or delay in effective date now, after having
appropriately considered that data, it could preclude fishermen from
harvesting BFT that are legally available consistent with all of the
regulatory criteria. This action does not raise conservation and
management concerns. Transferring quota within the General category
does not affect the overall U.S. BFT quota, and 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. 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 effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: December 20, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-27898 Filed 12-20-21; 4:15 pm]
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