Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 5737-5739 [2022-02123]
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
annual work hours, including hours
worked by all employees of the railroad,
regardless of occupation, not only while
in the United States, but also while
outside the United States.
(2) When a contractor performs
regulated service for at least one railroad
with 400,000 or more total annual
employee work hours, including hours
worked by all employees of the railroad,
regardless of occupation, not only while
in the United States, but also while
outside the United States, this subpart
applies as follows:
(i) A railroad with 400,000 or more
total employee annual work hours must
comply with this subpart regarding any
contractor employees it integrates into
its own alcohol and drug program under
this part; and
(ii) If a contractor establishes an
independent alcohol and drug testing
program that meets the requirements of
this part and is acceptable to the
railroad, the contractor must comply
with this subpart if it has 200 or more
regulated employees.
Appendix B to Part 219—[Removed]
■
20. Remove appendix B to part 219.
Appendix C to Part 219—[Removed]
■
21. Remove appendix C to part 219.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022–01985 Filed 2–1–22; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2012–0042;
FF09E21000 FXES1111090FEDR 223]
RIN 1018–AX13
Endangered and Threatened Wildlife
and Plants; Revision of the Critical
Habitat Designation for the Jaguar in
Compliance With a Court Order;
Correction
Fish and Wildlife Service,
Interior.
ACTION: Final rule; correction.
AGENCY:
We, the U.S. Fish and
Wildlife Service, are correcting an
erroneous acreage amount presented
twice in the preamble of our July 22,
2021, final rule that was issued to
comply with a court order concerning
the critical habitat designation for the
jaguar (Panthera onca) under the
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SUMMARY:
VerDate Sep<11>2014
18:06 Feb 01, 2022
Jkt 256001
Endangered Species Act of 1973, as
amended (Act).
DATES: This correction is effective
February 2, 2022.
FOR FURTHER INFORMATION CONTACT: U.S.
Fish and Wildlife Service, Attn: Jeff
Humphrey, at 9828 North 31st Avenue
#C3, Phoenix, AZ 85051; by telephone
at 602–242–0210; or by email at
incomingazcorr@fws.gov. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Correction
On July 22, 2021, we published in the
Federal Register (86 FR 38570) a final
rule that was issued to comply with a
court order to vacate Unit 6 and the
New Mexico portion of Unit 5 from the
March 5, 2014, final rule designating
approximately 764,207 acres (309,263
hectares) of land in New Mexico and
Arizona as critical habitat for the jaguar
under the Act (16 U.S.C. 1531 et seq.).
In two places in the preamble of the July
22, 2021, final rule, we erroneously
stated that the final rule removes
approximately 110,438 acres (44,693
hectares) of land within New Mexico
from the designation of critical habitat
for the jaguar. This document corrects
the preamble to state that the July 22,
2021, final rule removes approximately
59,286 acres (23,993 hectares) of land
within New Mexico from the
designation of critical habitat for the
jaguar. We are not making any
corrections to the maps we codified in
the July 22, 2021, final rule; they are
correct as published (86 FR 38570, July
22, 2021, pp. 86 FR 38571–38572).
Therefore, in the final rule published
at 86 FR 38570, in the July 22, 2021,
issue of the Federal Register, we make
the following corrections to the
preamble:
1. On page 38570 in the third column,
second line, we remove the words
‘‘110,438 acres (44,693 hectares)’’ and
add in their place the words ‘‘59,286
acres (23,993 hectares)’’.
2. On page 38571 in the first column,
in the first sentence under Effects of the
Rule, we remove the words ‘‘110,438
acres (44,693 hectares)’’ and add in their
place the words ‘‘59,286 acres (23,993
hectares)’’.
Administrative Procedure
We have determined, pursuant to 5
U.S.C. 553(b)(3)(B), that prior notice and
opportunity for public comment are
impractical and unnecessary. Public
comment could not inform this
correction process in any meaningful
way. We have further determined that,
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5737
under 5 U.S.C. 553(d)(3), the agency has
good cause to make this rule effective
upon publication, as it is important for
the proper administration of our
programs for our rulemaking documents
published in the Federal Register to be
complete and accurate.
Authority
The authority for this action is the
Endangered Species Act (16 U.S.C. 1531
et seq.)
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2022–02054 Filed 2–1–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02; RTID
0648–XB751]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; Purse Seine
category annual quota adjustment;
inseason quota transfer.
AGENCY:
NMFS is adjusting the
Atlantic bluefin tuna (BFT) Purse Seine
and Reserve category quotas for 2022.
NMFS also is transferring 26 metric tons
(mt) of BFT quota from the Reserve
category to the General category January
through March 2022 subquota period.
The transfer to the General category is
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 28, 2022
through December 31, 2022.
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.
SUMMARY:
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
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 2022 baseline Purse Seine,
General, and Reserve category quotas
are 219.5 mt, 555.7 mt, and 29.5 mt,
respectively. The General category
baseline subquota for the January
through March time period is 29.5 mt.
Effective January 1, 2022, NMFS
transferred 19.5 mt of BFT quota from
the December 2022 subquota time
period to the January through March
2021 subquota time period resulting in
an adjusted subquota of 49 mt for the
January through March 2022 subquota
time period (86 FR 72857, December 23,
2021).
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SUPPLEMENTARY INFORMATION:
Annual Adjustment of the BFT Purse
Seine and Reserve Category Quotas
Consistent with § 635.27(a)(4), NMFS
determines the amount of quota
available to the Atlantic Tunas Purse
Seine category participants in the
current year, based on their BFT catch
(landings and dead discards) in the
previous year. As described in
§ 635.27(a)(4)(v)(A), NMFS makes
available to each Purse Seine category
participant either 100 percent, 75
percent, 50 percent, or 25 percent of the
individual baseline quota allocations
based on the previous year’s catch, and
reallocates the remainder to the Reserve
category. NMFS has calculated the
amounts of quota available to the Purse
Seine category participants for 2022
based on their individual catch levels in
2021. NMFS did not open the Purse
Seine fishery in 2021 because there
were no purse seine vessels permitted to
fish for BFT and thus no catch in 2021.
As a result, each Purse Seine category
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participant will receive 25 percent of
the individual baseline quota amount,
which is the required distribution even
with no fishing activity under the
current regulations. The individual
baseline amount is 43.9 mt (219.5 mt
divided by five Purse Seine category
participants), 25 percent of which is 11
mt. Consistent with § 635.27(a)(4)(v)(C),
NMFS will notify Atlantic Tunas Purse
Seine category participants of the
amount of quota available for their use
this year through the Individual Bluefin
Quota electronic system established
under § 635.15 and in writing.
By summing the individual available
allocations, NMFS has determined that
55 mt are available to the Purse Seine
category for 2022. Thus, the amount of
Purse Seine category quota to be
reallocated to the Reserve category is
164.5 mt (219.5 mt¥55 mt = 164.5 mt).
This reallocation results in an adjusted
2022 Reserve category quota of 194 mt
(29.5 mt + 164.5 mt = 194 mt), before
any further transfers to other categories.
Transfer of 26 mt From the Reserve
Category to the General Category
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories 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 from the Reserve category to the
General category. 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 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)). To date,
preliminary landings data indicate that
the General category January through
March fishery has landed 31.4 mt of the
adjusted 49-mt subquota. Without a
quota transfer at this time, NMFS would
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likely need to close the General category
fishery, and participants would have to
stop BFT fishing activities while
commercial-sized BFT remain available
in the areas where General category
permitted vessels operate. Transferring
26 mt of quota from the Reserve
category would result in 75 mt (49 mt
+ 26 mt = 75 mt) being available for the
January through March 2022 subquota
period and would provide limited
additional opportunities to harvest the
BFT quota while avoiding exceeding it.
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 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
would allow fishermen to take
advantage of the availability of BFT on
the fishing grounds and provide a
reasonable opportunity to harvest
available U.S. BFT quota.
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.
NMFS also considered the effects of
the transfer on the BFT stock and the
effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS 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. 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 these
established management measures.
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
Another principal consideration is the
objective of providing opportunities to
harvest the available General category
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)). For the General
category, this includes providing
opportunities equitably across all timeperiods.
Given these considerations, NMFS is
transferring 26 mt from the adjusted
Reserve category quota to the General
category January through March 2022
subquota time period. Therefore, NMFS
adjusts the General category January
through March subquota to 75 mt, and
adjusts the Reserve category quota to
168 mt (194 mt¥26 mt = 168 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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Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries 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 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, 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 (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.
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Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act and regulations at 50 CFR part 635,
and it 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, the transfer from
the Reserve category to the General
category for the following reasons:
The regulations implementing the
2006 Consolidated HMS FMP and
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. This
fishery is currently underway and
delaying this action would be contrary
to the public interest as BFT landings
could otherwise exceed the adjusted
January through March 2022 General
category quota and result in an earlier
closure of the fishery while fish are
available on the fishing grounds.
Transferring quota from the Reserve
category to the General category does
not affect the overall U.S. BFT quota,
and available data shows 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, measures to reallocate quota,
and the inseason adjustment criteria.
For all of the above reasons, there is
good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: January 28, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–02123 Filed 1–28–22; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 220126–0034; RTID 0648–
XX073]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery; 2022
and Projected 2023 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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5739
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
NMFS issues final
specifications for the 2022 Atlantic
bluefish fishery, and projected
specifications for 2023, as
recommended by the Mid-Atlantic
Fishery Management Council. This
action is necessary to establish
allowable harvest levels to prevent
overfishing while enabling optimum
yield, using the best scientific
information available. This rule also
informs the public of the final fishery
specifications for the 2022 fishing year.
DATES: Effective February 2, 2022.
ADDRESSES: The Mid-Atlantic Fishery
Management Council prepared an
environmental assessment (EA) for these
specifications that describes the action
and other considered alternatives. The
EA provides an analysis of the
biological, economic, and social impacts
of the preferred measures and other
considered alternatives. Copies of these
specifications, including the EA,
Regulatory Flexibility Act Analyses, and
other supporting documents for the
action are available upon request from
Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N
State Street, Dover, DE 19901. These
documents are also accessible via the
internet at https://www.mafmc.org/
supporting-documents.
FOR FURTHER INFORMATION CONTACT:
Cynthia Ferrio, Fishery Policy Analyst,
(978) 281–9180.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Mid-Atlantic Fishery
Management Council and the Atlantic
States Marine Fisheries Commission
jointly manage the Atlantic Bluefish
Fishery Management Plan (FMP). The
FMP requires the specification of an
acceptable biological catch (ABC),
commercial and recreational annual
catch limits (ACL), commercial and
recreational annual catch targets (ACT),
a commercial quota, a recreational
harvest limit (RHL), and any other
management measures, for up to 3 years
at a time. This action implements
bluefish specifications for the 2022
fishing year, and projects specifications
for 2023, based on Council and
Commission recommendations.
These specifications incorporate
several revised measures from
Amendment 7 to the FMP (86 FR 66977;
November 24, 2021), including the
rebuilding plan for the stock, and
phased-in reallocation of commercial
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]]>Agencies
[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Rules and Regulations]
[Pages 5737-5739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02123]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XB751]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; Purse Seine category annual quota adjustment;
inseason quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) Purse Seine
and Reserve category quotas for 2022. NMFS also is transferring 26
metric tons (mt) of BFT quota from the Reserve category to the General
category January through March 2022 subquota period. The transfer to
the General category is 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 28, 2022 through December 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.
[[Page 5738]]
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 2022 baseline Purse Seine, General, and Reserve category quotas
are 219.5 mt, 555.7 mt, and 29.5 mt, respectively. The General category
baseline subquota for the January through March time period is 29.5 mt.
Effective January 1, 2022, NMFS transferred 19.5 mt of BFT quota from
the December 2022 subquota time period to the January through March
2021 subquota time period resulting in an adjusted subquota of 49 mt
for the January through March 2022 subquota time period (86 FR 72857,
December 23, 2021).
Annual Adjustment of the BFT Purse Seine and Reserve Category Quotas
Consistent with Sec. 635.27(a)(4), NMFS determines the amount of
quota available to the Atlantic Tunas Purse Seine category participants
in the current year, based on their BFT catch (landings and dead
discards) in the previous year. As described in Sec.
635.27(a)(4)(v)(A), NMFS makes available to each Purse Seine category
participant either 100 percent, 75 percent, 50 percent, or 25 percent
of the individual baseline quota allocations based on the previous
year's catch, and reallocates the remainder to the Reserve category.
NMFS has calculated the amounts of quota available to the Purse Seine
category participants for 2022 based on their individual catch levels
in 2021. NMFS did not open the Purse Seine fishery in 2021 because
there were no purse seine vessels permitted to fish for BFT and thus no
catch in 2021. As a result, each Purse Seine category participant will
receive 25 percent of the individual baseline quota amount, which is
the required distribution even with no fishing activity under the
current regulations. The individual baseline amount is 43.9 mt (219.5
mt divided by five Purse Seine category participants), 25 percent of
which is 11 mt. Consistent with Sec. 635.27(a)(4)(v)(C), NMFS will
notify Atlantic Tunas Purse Seine category participants of the amount
of quota available for their use this year through the Individual
Bluefin Quota electronic system established under Sec. 635.15 and in
writing.
By summing the individual available allocations, NMFS has
determined that 55 mt are available to the Purse Seine category for
2022. Thus, the amount of Purse Seine category quota to be reallocated
to the Reserve category is 164.5 mt (219.5 mt-55 mt = 164.5 mt). This
reallocation results in an adjusted 2022 Reserve category quota of 194
mt (29.5 mt + 164.5 mt = 194 mt), before any further transfers to other
categories.
Transfer of 26 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
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 from the Reserve category
to the General category. 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.
NMFS also considered the catches of the General category quota to
date (including 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)). To date,
preliminary landings data indicate that the General category January
through March fishery has landed 31.4 mt of the adjusted 49-mt
subquota. Without a quota transfer at this time, NMFS would likely need
to close the General category fishery, and participants would have to
stop BFT fishing activities while commercial-sized BFT remain available
in the areas where General category permitted vessels operate.
Transferring 26 mt of quota from the Reserve category would result in
75 mt (49 mt + 26 mt = 75 mt) being available for the January through
March 2022 subquota period and would provide limited additional
opportunities to harvest the BFT quota while avoiding exceeding it.
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 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 would allow
fishermen to take advantage of the availability of BFT on the fishing
grounds and provide a reasonable opportunity to harvest available U.S.
BFT quota.
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.
NMFS also considered the effects of the transfer on the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS 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. 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 these
established management measures.
[[Page 5739]]
Another principal consideration is the objective of providing
opportunities to harvest the available General category 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)). For the General
category, this includes providing opportunities equitably across all
time-periods.
Given these considerations, NMFS is transferring 26 mt from the
adjusted Reserve category quota to the General category January through
March 2022 subquota time period. Therefore, NMFS adjusts the General
category January through March subquota to 75 mt, and adjusts the
Reserve category quota to 168 mt (194 mt-26 mt = 168 mt). The General
category fishery will remain open until March 31, 2022, or until the
adjusted General category quota is reached, whichever comes first.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries 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 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, 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 (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 it 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, the transfer from the Reserve
category to the General category for the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP and
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. This fishery is currently underway and delaying this
action would be contrary to the public interest as BFT landings could
otherwise exceed the adjusted January through March 2022 General
category quota and result in an earlier closure of the fishery while
fish are available on the fishing grounds. Transferring quota from the
Reserve category to the General category does not affect the overall
U.S. BFT quota, and available data shows 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, measures to reallocate quota, and
the inseason adjustment criteria. For all of the above reasons, there
is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in
effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: January 28, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-02123 Filed 1-28-22; 4:15 pm]
BILLING CODE 3510-22-P
