Atlantic Highly Migratory Species; General Category Restricted-Fishing Days, 12643-12648 [2022-04546]
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Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Proposed Rules
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demonstrate the level of effectiveness of
those technologies and designs in
addressing the claimed concerns
regarding the installation of ELDs.
However, the petitioner provided only
high-level, anecdotal information about
their broad, general concerns.
Furthermore, petitioner failed to
provide any solutions to those concerns.
3. SBTC has not provided the
substance that a standard would be
comprised of.
As stated in previous NHTSA
guidance,9 the petition should describe
the requested standard (i.e., the
performance requirements, test
conditions, and test procedures), the
supporting research and reasons why
those performance requirements, test
conditions, and test procedures are
appropriate and provide proposed
regulatory text. However, SBTC failed to
provide any substantive information
regarding what a new FMVSS would be
comprised of that would resolve the
alleged concerns regarding the ELD
installation.
B. SBTC’s Petition To Amend the
Existing FMVSS Nos. 105, 121, and 124,
and NHTSA’s Rationale for Denying
This Petition
Like the first petition for a new
FMVSS, this second petition should
demonstrate a safety need that could be
resolved by amending the existing
FMVSSs. However, SBTC merely
contended that the alleged
vulnerabilities of telematics systems
could impact braking and acceleration
control systems and did not provide
sufficient information or evidence of
such attacks occurring in heavy
vehicles. The resources provided by the
petitioner cover a wide range of
potential telematics vulnerabilities in
light passenger vehicles, many of which
are directly impacted by specific vehicle
architectures (i.e., make and model
specific, in many instances). Petitioner
has failed to provide evidence that
indicates there is a general safety need
related to telematics units in heavy
vehicles that warrants modification of
existing FMVSS. Without an identified
safety need, it is unclear how
petitioner’s request would meet the
need for safety.10
Similarly, the petitioner failed to
provide practical means or solutions by
which NHTSA could resolve its
concern. SBTC provided only highlevel, anecdotal information about its
broad, general concerns regarding the
interaction between telematics and
heavy vehicle braking and acceleration
9 Id.
10 See
49 U.S.C. 30111(a).
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control systems regulated by the
existing FMVSSs. SBTC also failed to
provide any substantive information
regarding the amendments of the
existing FMVSSs to resolve its concerns.
Therefore, NHTSA is denying both of
the SBTC’s rulemaking petitions
because they lacked sufficient
information as discussed above.
Furthermore, the agency is
discretionarily allocating and managing
its vehicle safety resources to those
rulemakings that are mandated by
Congress and others that have a
demonstrated safety need with solutions
available to resolve those needs.
Authority: 49 U.S.C. 30113; delegation of
authority at 49 CFR 1.95.
Steven S. Cliff,
Deputy Administrator.
[FR Doc. 2022–04729 Filed 3–4–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220223–0056]
RIN 0648–BK99
Atlantic Highly Migratory Species;
General Category Restricted-Fishing
Days
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS is proposing to set
Atlantic bluefin tuna (BFT) General
category restricted-fishing days (RFDs)
for the 2022 fishing year. This proposed
rule would set RFDs for specific days
during the months of July through
November 2022. On an RFD, Atlantic
Tunas General category permitted
vessels may not fish for (including
catch-and-release or tag-and-release
fishing), possess, retain, land, or sell
BFT. On an RFD, Highly Migratory
Species (HMS) Charter/Headboat
permitted vessels with a commercial
sale endorsement also are subject to
these restrictions to preclude fishing
commercially for BFT under the General
category restrictions and retention
limits, but such vessels may still fish
for, possess, retain, or land BFT when
fishing recreationally under applicable
HMS Angling category rules.
SUMMARY:
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Written comments must be
received by April 6, 2022. NMFS will
hold a public hearing via conference
call and webinar for this proposed rule
on March 24, 2022, from 1 p.m. to 2:30
p.m. For webinar registration
information, see the SUPPLEMENTARY
INFORMATION section of this document.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2022–0025, by electronic
submission. Submit all electronic public
comments via the Federal e-Rulemaking
Portal. Go to https://
www.regulations.gov and enter
‘‘NOAA–NMFS–2022–0025’’ in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
Comments sent by any other method,
to any other address or individual, or
received after the close of the comment
period, may not be considered by
NMFS. All comments received are a part
of the public record and will generally
be posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
NMFS will hold a public hearing via
conference call and webinar on this
proposed rule. For specific location,
date and time, see the SUPPLEMENTARY
INFORMATION section of this document.
Copies of this proposed rule and
supporting documents are available
from the HMS Management Division
website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species or by
contacting Larry Redd at larry.redd@
noaa.gov or 301–427–8503.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, or Carrie Soltanoff,
carrie.soltanoff@noaa.gov, 301–427–
8503.
SUPPLEMENTARY INFORMATION: Atlantic
HMS fisheries, including BFT fisheries,
are managed under the authority of the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (2006
Consolidated HMS FMP) and its
amendments are implemented by
regulations at 50 CFR part 635. Section
635.27 divides the U.S. BFT quota,
DATES:
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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. Section
635.23 specifies the retention limit
provisions for Atlantic Tunas General
category permitted vessels and HMS
Charter/Headboat permitted vessels,
including regarding RFDs.
RFDs are used as an effort control to
ensure that BFT quotas and subquotas
are not exceeded. In 2018, NMFS
implemented a final rule that
established the overall U.S. BFT quota
and subquotas consistent with ICCAT
Recommendation 17–06 (83 FR 51391,
October 11, 2018) and split that BFT
quota into subquotas among fishing
categories, including for the Angling
category (recreational) and General
category (commercial). In 2020,
following a stock assessment update,
ICCAT adopted Recommendation 20–
06, which maintained the total
allowable catch of 2,350 metric tons
(mt) and the associated U.S. quota. As
such, as described in § 635.27(a), the
current baseline U.S. quota remains
1,247.86 mt (not including the 25 mt
ICCAT allocated to the United States to
account for bycatch of BFT in pelagic
longline fisheries in the Northeast
Distant Gear Restricted Area). The
baseline quota for the General category
is 555.7 mt. Each of the General category
time periods (January through March,
June through August, September,
October through November, and
December) is allocated a portion of the
annual General category quota.
In November 2021, following the
results of the 2021 western BFT stock
assessment, ICCAT adopted
Recommendation 21–07, which
increased the total allowable catch to
2,746 mt and the associated U.S. quota
by 68.28 mt to 1,316.14 mt. NMFS
recently published a proposed rule that
would implement Recommendation 21–
07. If finalized as proposed after
considering public comment, the final
rule would increase the baseline annual
U.S. quota and for BFT to the ICCATrecommended U.S. BFT quota and
subquotas would increase accordingly.
Background
NMFS first established the regulatory
authority to set ‘‘no fishing’’ days in a
1995 rule (60 FR 38505, July 27, 1995)
as an available effort control that could
be used to extend the General category
time period subquotas while providing
additional inseason management
flexibility with regard to quota use and
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season length. An RFD is a day,
established ahead of time through a
schedule published in the Federal
Register, on which NMFS sets the BFT
retention limit at zero for certain
categories of permit holders.
Specifically, on an RFD, vessels
permitted in the Atlantic Tunas General
category are prohibited from fishing for
(including catch-and-release and tagand-release fishing), possessing,
retaining, landing, or selling BFT
(§ 635.23(a)(2)). RFDs also apply to HMS
Charter/Headboat permitted vessels to
preclude fishing commercially under
General category restrictions and
retention limits on those days but do not
preclude such vessels from recreational
fishing activity under applicable
Angling category regulations, including
catch-and-release and tag-and-release
fishing (§ 635.23(c)(3)).
NMFS may waive previously
scheduled RFDs under certain
circumstances. Consistent with
§ 635.23(a)(4), NMFS may waive an RFD
by adjusting the daily BFT retention
limit from zero up to five on specified
RFDs, after considering the inseason
adjustment determination criteria at
§ 635.27(a)(8). Considerations include,
among other things, review of dealer
reports, daily landing trends, and the
availability of BFT on fishing grounds.
NMFS would announce any such
waiver by filing a retention limit
adjustment with the Office of the
Federal Register for publication. Such
adjustments would be effective no less
than 3 calendar days after the date of
filing for public inspection with the
Office of the Federal Register. NMFS
also may waive previously designated
RFDs effective upon closure of the
General category fishery so that persons
aboard vessels permitted in the General
category may conduct catch-and-release
or tag-and-release fishing for BFT under
§ 635.26(a). NMFS would not modify
the previously scheduled RFDs during
the fishing year in other ways (such as
changing an RFD from one date to
another, or adding RFDs).
Due to increased BFT catch rates in
the General category in 2019 and 2020,
and numerous requests from Atlantic
tuna dealers, General category
participants, and members of the
Atlantic HMS Advisory Panel, NMFS
proposed to resume the use of RFDs for
2021 for the first time since 2007 (86 FR
25992, May 12, 2021). Although NMFS
proposed a schedule of all Tuesdays,
Fridays, and Saturdays from July 20
through November 30, 2021, due to
timing issues, the final rule established
RFDs on all Tuesdays, Fridays, and
Saturdays from September 3 through
November 30, 2021 (86 FR 43421,
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August 9, 2021). NMFS closed the
General category September subquota
period on September 23, 2021 (86 FR
53010, September 24, 2021). For the
October through November subquota
period, the General category remained
open until the end of the subquota
period (November 30, 2021). Because
the use of RFDs in 2021 succeeded in
extending fishing opportunities through
a greater portion of the relevant
subquota periods and the fishing season
overall, consistent with management
objectives for the fishery, NMFS is
proposing an RFD schedule for the 2022
fishing year.
Proposed RFD Schedule for the 2022
Fishing Year
For 2022, NMFS proposes a schedule
of RFDs as follows: All Tuesdays,
Fridays, and Saturdays from July 1,
2022, through November 30, 2022,
while the fishery is open. On these
designated RFDs, persons aboard vessels
permitted in the General category would
be prohibited from fishing for (including
catch-and-release and tag-and-release
fishing), possessing, retaining, landing,
or selling BFT. Persons aboard HMS
Charter/Headboat permitted vessels
with a commercial sale endorsement
also would be prohibited from fishing
commercially for BFT. Persons aboard
all HMS Charter/Headboat permitted
vessels (including those with a
commercial sale endorsement) could
fish recreationally for BFT under the
applicable Angling category restrictions
and retention limits.
NMFS is proposing the same weekly
schedule as the 2021 RFD schedule (i.e.,
every Tuesday, Friday, and Saturday).
However, while the 2021 RFDs did not
start until September 2021, the 2022
RFDs proposed schedule would begin at
the start of July and extend through the
end of November. This proposed
schedule and extension is based on
general feedback provided by Atlantic
tuna dealers, General category
participants and members of the
Atlantic HMS Advisory Panel in 2021,
a review of average daily catch rate data
for recent years, a review of past years’
RFD schedules (including the most
recent 2021 RFD schedule), and a
review of past closure dates prior to
RFDs being set in 2021. Considering that
information, NMFS believes that a
schedule of Tuesday, Friday, and
Saturday RFDs from July 1 through
November 30 should continue to
increase the likelihood of pacing
General category landings to extend
fishing opportunities through a greater
portion of the subquota periods (similar
to the 2021 RFD schedule). It would also
allow for two-consecutive-day periods
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twice each week (Sunday–Monday;
Wednesday–Thursday) for BFT product
to move through the market and allow
for some commercial fishing activity
each weekend (Sunday).
In proposing the same schedule as last
year, NMFS did consider the comments
and feedback received last year that
suggested a different approach. During
the public comment period for the 2021
RFD rulemaking, NMFS received
comments regarding RFDs potentially
negatively impacting HMS tournaments
given the limits on weekend fishing.
Several of these comments requested
that a schedule of RFDs be announced
earlier in the fishing year to allow
tournament operators the flexibility to
adapt their tournaments around RFDs.
Publishing the proposed rule and
affording an opportunity for comments
on the proposed schedule earlier in the
year would allow tournament operators
the opportunity to comment and later to
adjust their scheduled tournaments as
needed around the 2022 RFDs. In 2021
after the RFD schedule had published,
NMFS also received a request to
establish a weekly schedule consisting
of three days in a row such as Thursday,
Friday, and Saturday. This request
stated that a block of days would better
assist the bluefin tuna product to move
through the market, assist enforcement,
and assist the industry with three
consecutive days off. NMFS is not
proposing that requested schedule at
this time but specifically is requesting
comment on this topic to help assess
whether such a block of time would be
less disruptive to the fishery and would
better meet the goals of RFDs.
Additionally, in late 2021, NMFS
received requests from some winter
fishery participants to extend RFDs
through the December subquota period.
These dealers and General category
participants suggested that establishing
RFDs in December would assist in
facilitating entry of BFT product to the
market while also allowing rest days for
commercial BFT fishermen. These
requests specifically suggested
Wednesdays and Saturdays as December
subquota period RFDs. Over the last five
years, closure of the December subquota
period has been necessary in 2017,
2020, and 2021, with the fishery
remaining open through the end of the
month in 2018 and 2019.At this time
NMFS is not proposing to extend RFDs
through the December subquota period
for the 2022 fishing year. However, in
the Federal Register notice, NMFS
specifically requests comment on
whether RFDs should be extended
through the December subquota period.
NMFS will consider comments before
deciding on a final schedule.
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Lastly, NMFS also received a
suggestion to implement RFDs for the
January through March subquota period.
Given that the 2022 January through
March subquota period is currently
underway, NMFS is not proposing RFDs
for this period in this rulemaking, given
timing considerations. However, NMFS
requests comment on whether it could
be appropriate to implement RFDs for
the January through March subquota
period in the future, including the 2023
January through March subquota period.
Under existing regulations, based on
consideration of regulatory criteria at
§ 635.27(a)(8), NMFS may waive certain
RFDs consistent with § 635.23(a)(4),
either by adjusting the retention limit
upwards on a previously-scheduled
RFD or by waiving an RFD to allow
recreational fishing under the Angling
category restrictions and retention limits
when the General category closes. Once
the schedule is set, however, NMFS
would not modify RFDs in other ways
(e.g., switching days or adding RFDs).
Request for Comments
NMFS is proposing a schedule of
RFDs for every Tuesday, Friday, and
Saturday from July 1, 2022, through
November 30, 2022. NMFS is requesting
comments on this RFD schedule for the
2022 fishing year. NMFS is also
specifically requesting comments on (1)
whether the RFD schedule should be
three days in a row per week, (2)
whether RFDs should also be
considered for the General category
December subquota period, and (3)
whether RFDs should be considered for
the January through March subquota
period for future rulemakings since this
subquota period is currently closed.
Comments on this proposed rule may be
submitted via www.regulations.gov or at
a public conference call and webinar.
NMFS solicits comments on this action
by April 6, 2022 (see DATES and
ADDRESSES).
During the comment period, NMFS
will hold a public hearing via
conference call and webinar for this
proposed action. Requests for sign
language interpretation or other
auxiliary aids should be directed to
Larry Redd at larry.redd@noaa.gov or
301–427–8503, at least 7 days prior to
the meeting.
The conference call and webinar will
take place on March 24, 2022.
Information for registering and
accessing the webinars can be found at
https://www.fisheries.noaa.gov/action/
proposed-2022-restricted-fishing-daysatlantic-bluefin-tuna-fishery.
The public is reminded that NMFS
expects participants at conference calls
and webinars to conduct themselves
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12645
appropriately. At the beginning of each
conference call and webinar, the
moderator will explain how the
conference call and webinar will be
conducted and how and when
participants can provide comments.
NMFS representative(s) will structure
the conference call and webinar so that
all members of the public will be able
to comment, if they so choose,
regardless of the controversial nature of
the subject(s). Participants are expected
to respect the ground rules, and those
that do not may be asked to leave the
conference calls and webinars.
Classification
The NMFS Assistant Administrator
has determined that the proposed rule is
consistent with the 2006 Consolidated
HMS FMP and its amendments, other
provisions of the Magnuson-Stevens
Act, ATCA, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
An Initial Regulatory Flexibility
Analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A description of
the action, why it is being considered,
and the legal basis for this action are
contained at the beginning of this
section in the preamble and in the
SUMMARY section of the preamble. A
summary of the analysis follows.
Section 603(b)(1) requires agencies to
describe the reasons why the action is
being considered. The purpose of this
proposed rulemaking is, consistent with
the objectives of the 2006 Consolidated
HMS FMP and its amendments, the
Magnuson-Stevens Act, ATCA, and
other applicable law, to potentially set
a schedule of RFDs for the 2022 fishing
year as an effort control for the General
category quota, and to extend General
category fishing opportunities through a
greater portion of the General category
subquota periods. Implementation of the
proposal would further the management
goals and objectives in the 2006
Consolidated HMS FMP and its
amendments.
Section 603(b)(2) of the RFA requires
agencies to state the objectives of, and
legal basis for, the proposed action. The
objective of this proposed rulemaking is
to set a schedule of RFDs for the 2022
fishing year to increase the likelihood of
pacing General category landings to
extend fishing opportunities through a
greater portion of the subquota periods
(similar to the 2021 RFD schedule). The
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legal basis for the proposed rule is the
Magnuson-Stevens Act and ATCA.
Section 603(b)(3) of the RFA requires
agencies to provide an estimate of the
number of small entities to which the
rule would apply. NMFS established a
small business size standard of $11
million in annual gross receipts for all
businesses in the commercial fishing
industry (NAICS 11411) for RFA
compliance purposes. The Small
Business Administration (SBA) has
established size standards for all other
major industry sectors in the United
States, including the scenic and
sightseeing transportation (water) sector
(NAICS code 487210), which includes
for-hire (charter/party boat) fishing
entities. The SBA has defined a small
entity under the scenic and sightseeing
transportation (water) sector as one with
average annual receipts (revenue) of less
than $8.0 million. NMFS considers all
HMS permit holders, both commercial
and for-hire, to be small entities because
they had average annual receipts of less
than their respective sector’s standard of
$11 million and $8 million. The 2020
total ex-vessel annual revenue for the
BFT fishery was $8.4 million. Since a
small business is defined as having
annual receipts not in excess of $11.0
million, each individual BFT permit
holder would fall within the small
entity definition. The numbers of
relevant annual Atlantic Tunas or
Atlantic HMS permits as of October
2021 are as follows: 2,730 General
category permit holders and 4,055 HMS
Charter/Headboat permit holders, of
which 1,793 hold HMS Charter/
Headboat permits with a commercial
sale endorsement.
Section 603(b)(4) of the RFA requires
agencies to describe any new reporting,
record-keeping, and other compliance
requirements. This proposed rule does
not contain any new collection of
information, reporting, or recordkeeping requirements. This proposed
rule would set a schedule of RFDs for
2022 as an effort control for the General
category.
Under section 603(b)(5) of the RFA,
agencies must identify, to the extent
practicable, relevant Federal rules
which duplicate, overlap, or conflict
with the proposed action. Fishermen,
dealers, and managers in these fisheries
must comply with a number of
international agreements, domestic
laws, and other fishery management
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measures. These include, but are not
limited to, the Magnuson-Stevens Act,
ATCA, the High Seas Fishing
Compliance Act, the Marine Mammal
Protection Act, the Endangered Species
Act, the National Environmental Policy
Act, the Paperwork Reduction Act, and
the Coastal Zone Management Act. This
proposed action has been determined
not to duplicate, overlap, or conflict
with any Federal rules.
Under section 603(c) of the RFA,
agencies must describe any significant
alternatives to the proposed rule which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities.
Specifically, the RFA (5 U.S.C.
603(c)(1)–(4)) lists four general
categories of significant alternatives to
assist an agency in the development of
significant alternatives. These categories
of alternatives are: (1) Establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) clarification, consolidation,
or simplification of compliance and
reporting requirements under the rule
for such small entities; (3) use of
performance rather than design
standards; and, (4) exemptions from
coverage of the rule, or any part thereof,
for small entities.
Regarding the first, second, and fourth
categories, NMFS cannot establish
differing compliance or reporting
requirements for small entities or
exempt small entities from coverage of
the rule or parts of it, because all of the
businesses impacted by this rule are
considered small entities, and thus the
requirements are already designed for
small entities. Regarding the third
category, NMFS does not know of any
performance or design standards that
would satisfy the aforementioned
objectives of this rulemaking.
This proposed rule would not change
the U.S. Atlantic BFT quotas or
implement any new management
measures not previously considered
under the 2006 Consolidated HMS FMP
and its amendments. NMFS proposes
continuation of the use of RFDs for the
General category in 2022 and provides
the regulated community the
opportunity to comment on the
proposed RFD schedule. Under the
regulations, when a General category
subquota period is reached or projected
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to be reached, NMFS closes the General
category fishery. Retaining, possessing,
or landing BFT under that quota
category is prohibited on and after the
effective date and time of a closure
notice for that category, for the
remainder of the fishing year, until the
opening of the subsequent quota period
or until such date as specified. In recent
years, these closures, if needed, have
generally occurred toward the end of a
subquota period. According to
communications with dealers and
fishermen, several of the high-volume
Atlantic tunas dealers in 2019 and 2020
were limiting their purchases of BFT
and buying no or very few BFT (such as
harpooned fish only) on certain days
during the beginning portion of the June
through August subquota period in
order to extend the available quota until
later in the subquota period given
market considerations. However, while
these actions may have prevented large
numbers of BFT from entering the
market at the same time and may have
lengthened the time before any
particular subquota period was closed,
because these actions were not prescheduled or consistently implemented
across the fishery, there were negative
impacts experienced by some General
category and Charter/Headboat
permitted fishermen, who could not
find buyers for their BFT. As a result,
a number of BFT that normally would
have been sold were not, and
opportunities may not have been
equitably distributed among all
permitted vessels. In 2021, NMFS set
pre-scheduled RFDs for the General
category fishery on certain days
(Tuesdays, Fridays, and Saturdays) from
September through November to
increase the likelihood of pacing
General category landings to extend
fishing opportunities through a greater
portion of the subquota periods. Table 1
shows the number and total metric tons
(mt) of BFT that were landed but not
sold by fishermen fishing under the
General category quota for 2017 through
2021. The number and weight of unsold
BFT increased from 2018 through 2020,
with a peak in 2020 (173 BFT and 25.8
mt) in part to the pandemic and
substantially decreased in 2021 (from
143 to 12 BFT and 25.8 mt to 2.0 mt).
NMFS believes this substantial
reduction in 2021 from the peak in 2020
is a result of the use of RFDs in 2021.
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Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Proposed Rules
TABLE 1—NUMBER (COUNT) AND WEIGHT (MT) OF BFT LANDED BUT UNSOLD BY GENERAL CATEGORY PARTICIPANTS BY
YEAR
[2017–2021]
Year
2017
2018
2019
2020
2021
Weight
(mt)
Count
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
0
14
20
143
12
0
2.6
3.8
25.8
2.0
Total ..................................................................................................................................................................
189
34.2
Table 2 shows the average ex-vessel
price per pound of BFT during each
General category subquota time period
for 2017 through 2021. Ex-vessel price
per pound was lower for the June
through August period, with an average
(2017 through 2021) of $6.21, and
time periods in 2020. In most time
periods, the 2021 average price per
pound was also higher than the 2019
average price per pound. NMFS believes
that this increase in average price was
in part due to the use of RFDs in 2021.
increased over the summer and fall
period, with averages of $6.26 for the
September period and $6.73 for the
October through November period). In
2021, the average price per pound was
higher for all time periods compared to
the average price per pound during the
TABLE 2—AVERAGE EX-VESSEL PRICE PER POUND ($) OF BFT BY GENERAL CATEGORY SUBQUOTA TIME PERIOD
[2017–2021]
Subquota time period
Year
2017
2018
2019
2020
2021
January
through
March
June
through
August
September
October
through
November
December
.........................................................................................................
.........................................................................................................
.........................................................................................................
.........................................................................................................
.........................................................................................................
$7.37
7.43
6.06
6.13
6.22
$6.72
6.92
5.61
4.90
6.92
$7.08
6.55
6.36
5.21
6.09
$7.56
7.58
5.53
5.61
7.38
$9.83
9.56
12.25
5.76
8.51
2017 through 2021 average .............................................................
6.64
6.21
6.26
6.73
9.18
Table 3 shows the number of open
days during each General category
subquota time period for 2017 through
2021. On an annual basis, the average
number of General category open days
tends to be higher earlier in the fishing
year (i.e., 64 days for the January
through March period and 79 days for
the June through August period) and
decreases as the season progresses into
the late fall and winter seasons (i.e., 21
days for September period, 21 days for
October through November period, and
20 days for the December period). In
2021, the total number of open days was
higher compared to the total number of
days in 2019. NMFS set RFDs for the
September and October through
November subquota periods in 2021.
Although the number of open days for
the September 2021 subquota period
was the lowest except for 2019, the
October through November 2021
subquota period remained open for
more days compared to the previous
four years. NMFS believes that increase
in fishing days was in part due to RFDs.
TABLE 3—GENERAL CATEGORY NUMBER OF OPEN DAYS BY SUBQUOTA TIME PERIOD
[2017–2021]
Subquota time period
khammond on DSKJM1Z7X2PROD with PROPOSALS
Year
2017
2018
2019
2020
2021
January
through
March
June
through
August
September
October
through
November
December
Total
.................................................................................
.................................................................................
.................................................................................
.................................................................................
.................................................................................
88
61
59
55
58
77
92
69
91
65
17
23
13
27
14
5
15
13
11
34
6
31
31
14
18
193
222
185
200
189
2017 through 2021 average .....................................
64
79
19
16
20
198
VerDate Sep<11>2014
17:13 Mar 04, 2022
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Fmt 4702
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12648
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Proposed Rules
NMFS is proposing to establish a
schedule of RFDs for the 2022 fishing
year that would specify days on which
fishing and sales will not occur.
Specifically, the proposed schedule
allows for two-consecutive-day periods
twice each week for BFT product to
move through the market while also
allowing some commercial fishing
activity to occur each weekend (i.e.,
Sundays). Because this schedule of
RFDs would apply to all participants
equally, NMFS anticipates that this
schedule would extend fishing
opportunities through a greater
proportion of the subquota periods in
which they apply by spreading fishing
effort out over time similar to the 2021
fishing season. Further, to the extent
that the ex-vessel revenue for a BFT sold
by a General or HMS Charter/Headboat
permitted vessel (with a commercial
endorsement) may be higher when a
lower volume of domestically-caught
BFT is on the market at one time, the
use of RFDs may result in some increase
in BFT price, and the value of the
General category subquotas could
increase similar to that of 2021. Thus,
although NMFS anticipates that the
same overall amount of the General
category quota would be landed as well
as the same amount of BFT landed per
vessel, there may be some positive
impacts to the General category and
Charter/Headboat (commercial) BFT
fishery. Using RFDs may more equitably
distribute opportunities across all
permitted vessels for longer durations
within the subquota periods.
If NMFS does not implement a
schedule, without any other changes, it
is possible that the trends of increasing
numbers of unsold BFT (Table 1) and
decreasing ex-vessel prices (Table 2)
from 2017 through 2020 could continue.
Additionally, without RFDs in 2022, the
General category could have fewer open
days later in the fishing season when exvessel prices tend to be higher (Table 3)
as observed in 2017 through 2020. If
those trends were to continue, all active
General category permit holders could
experience negative economic impacts
similar to 2019 and 2020 where dealers
were limiting their purchases of BFT
and buying no or very few BFT on
certain days in order to extend the
available quota.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Statistics, Treaties.
VerDate Sep<11>2014
17:13 Mar 04, 2022
Jkt 256001
Dated: February 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022–04546 Filed 3–4–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220224–0058]
RIN 0648–BL16
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna and North
Atlantic Albacore Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS is proposing to modify
the baseline annual U.S. quota and
subquotas for Atlantic bluefin tuna and
the baseline annual U.S. North Atlantic
albacore (northern albacore) quota. This
action is necessary to implement
binding recommendations of the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
adopted in 2021, as required by the
Atlantic Tunas Convention Act (ATCA),
and to achieve domestic management
objectives under the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Written comments must be
received by April 6, 2022. NMFS will
hold a public hearing via conference
call and webinar for this proposed rule
on March 24, 2022, from 2:30 p.m. to 4
p.m. EDT. For webinar registration
information, see the SUPPLEMENTARY
INFORMATION section of this document.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2022–0024, by electronic
submission. Submit all electronic public
comments via the Federal e-Rulemaking
Portal. Go to https://
www.regulations.gov and enter
‘‘NOAA–NMFS–2022–0024’’ in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
Comments sent by any other method,
to any other address or individual, or
received after the close of the comment
period, may not be considered by
NMFS. All comments received are a part
SUMMARY:
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
of the public record and will generally
be posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
NMFS will hold a public hearing via
conference call and webinar on this
proposed rule. For specific location,
date and time, see the SUPPLEMENTARY
INFORMATION section of this document.
Copies of this proposed rule and
supporting documents are available
from the Highly Migratory Species
(HMS) Management Division website at
https://www.fisheries.noaa.gov/topic/
atlantic-highly-migratory-species or by
contacting Carrie Soltanoff at
carrie.soltanoff@noaa.gov or 301–427–
8503.
FOR FURTHER INFORMATION CONTACT:
Carrie Soltanoff (carrie.soltanoff@
noaa.gov) or Larry Redd, Jr. (larry.redd@
noaa.gov) at 301–427–8503, or Steve
Durkee (steve.durkee@noaa.gov) at 202–
670–6637.
SUPPLEMENTARY INFORMATION: Atlantic
tunas fisheries are managed under the
authority of ATCA (16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Act (16
U.S.C. 1801 et seq.). The 2006
Consolidated Atlantic HMS Fishery
Management Plan (2006 Consolidated
HMS FMP) and its amendments are
implemented by regulations at 50 CFR
part 635. Section 635.27 divides the
U.S. bluefin tuna quota recommended
by ICCAT and as implemented by the
United States among domestic fishing
categories and provides the annual
bluefin tuna quota adjustment process.
Section 635.23(e) implements the
ICCAT-recommended U.S. northern
albacore quota and provides the annual
northern albacore quota adjustment
process.
Since 1982, ICCAT has recommended
a total allowable catch (TAC) of western
Atlantic bluefin tuna for contracting
parties fishing on the stock, and since
1991, ICCAT has recommended specific
quotas within that TAC for the United
States and other contracting parties.
ICCAT adopted a 20-year rebuilding
program for western Atlantic bluefin
tuna in 1998. The rebuilding plan
period was set as 1999 through 2018. In
2017, ICCAT adopted an interim
conservation and management measure
for western Atlantic bluefin tuna as to
transition from the rebuilding program
to a long-term management strategy for
E:\FR\FM\07MRP1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Proposed Rules]
[Pages 12643-12648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04546]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220223-0056]
RIN 0648-BK99
Atlantic Highly Migratory Species; General Category Restricted-
Fishing Days
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is proposing to set Atlantic bluefin tuna (BFT) General
category restricted-fishing days (RFDs) for the 2022 fishing year. This
proposed rule would set RFDs for specific days during the months of
July through November 2022. On an RFD, Atlantic Tunas General category
permitted vessels may not fish for (including catch-and-release or tag-
and-release fishing), possess, retain, land, or sell BFT. On an RFD,
Highly Migratory Species (HMS) Charter/Headboat permitted vessels with
a commercial sale endorsement also are subject to these restrictions to
preclude fishing commercially for BFT under the General category
restrictions and retention limits, but such vessels may still fish for,
possess, retain, or land BFT when fishing recreationally under
applicable HMS Angling category rules.
DATES: Written comments must be received by April 6, 2022. NMFS will
hold a public hearing via conference call and webinar for this proposed
rule on March 24, 2022, from 1 p.m. to 2:30 p.m. For webinar
registration information, see the SUPPLEMENTARY INFORMATION section of
this document.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0025, by electronic submission. Submit all electronic
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2022-0025'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Comments sent by any other method, to any other address or
individual, or received after the close of the comment period, may not
be considered by NMFS. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
NMFS will hold a public hearing via conference call and webinar on
this proposed rule. For specific location, date and time, see the
SUPPLEMENTARY INFORMATION section of this document.
Copies of this proposed rule and supporting documents are available
from the HMS Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by
contacting Larry Redd at [email protected] or 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected],
301-427-8503, or Carrie Soltanoff, [email protected], 301-427-
8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT
fisheries, are managed under the authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act; 16
U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic HMS Fishery
Management Plan (2006 Consolidated HMS FMP) and its amendments are
implemented by regulations at 50 CFR part 635. Section 635.27 divides
the U.S. BFT quota,
[[Page 12644]]
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. Section 635.23
specifies the retention limit provisions for Atlantic Tunas General
category permitted vessels and HMS Charter/Headboat permitted vessels,
including regarding RFDs.
RFDs are used as an effort control to ensure that BFT quotas and
subquotas are not exceeded. In 2018, NMFS implemented a final rule that
established the overall U.S. BFT quota and subquotas consistent with
ICCAT Recommendation 17-06 (83 FR 51391, October 11, 2018) and split
that BFT quota into subquotas among fishing categories, including for
the Angling category (recreational) and General category (commercial).
In 2020, following a stock assessment update, ICCAT adopted
Recommendation 20-06, which maintained the total allowable catch of
2,350 metric tons (mt) and the associated U.S. quota. As such, as
described in Sec. 635.27(a), the current baseline U.S. quota remains
1,247.86 mt (not including the 25 mt ICCAT allocated to the United
States to account for bycatch of BFT in pelagic longline fisheries in
the Northeast Distant Gear Restricted Area). The baseline quota for the
General category is 555.7 mt. Each of the General category time periods
(January through March, June through August, September, October through
November, and December) is allocated a portion of the annual General
category quota.
In November 2021, following the results of the 2021 western BFT
stock assessment, ICCAT adopted Recommendation 21-07, which increased
the total allowable catch to 2,746 mt and the associated U.S. quota by
68.28 mt to 1,316.14 mt. NMFS recently published a proposed rule that
would implement Recommendation 21-07. If finalized as proposed after
considering public comment, the final rule would increase the baseline
annual U.S. quota and for BFT to the ICCAT-recommended U.S. BFT quota
and subquotas would increase accordingly.
Background
NMFS first established the regulatory authority to set ``no
fishing'' days in a 1995 rule (60 FR 38505, July 27, 1995) as an
available effort control that could be used to extend the General
category time period subquotas while providing additional inseason
management flexibility with regard to quota use and season length. An
RFD is a day, established ahead of time through a schedule published in
the Federal Register, on which NMFS sets the BFT retention limit at
zero for certain categories of permit holders. Specifically, on an RFD,
vessels permitted in the Atlantic Tunas General category are prohibited
from fishing for (including catch-and-release and tag-and-release
fishing), possessing, retaining, landing, or selling BFT (Sec.
635.23(a)(2)). RFDs also apply to HMS Charter/Headboat permitted
vessels to preclude fishing commercially under General category
restrictions and retention limits on those days but do not preclude
such vessels from recreational fishing activity under applicable
Angling category regulations, including catch-and-release and tag-and-
release fishing (Sec. 635.23(c)(3)).
NMFS may waive previously scheduled RFDs under certain
circumstances. Consistent with Sec. 635.23(a)(4), NMFS may waive an
RFD by adjusting the daily BFT retention limit from zero up to five on
specified RFDs, after considering the inseason adjustment determination
criteria at Sec. 635.27(a)(8). Considerations include, among other
things, review of dealer reports, daily landing trends, and the
availability of BFT on fishing grounds. NMFS would announce any such
waiver by filing a retention limit adjustment with the Office of the
Federal Register for publication. Such adjustments would be effective
no less than 3 calendar days after the date of filing for public
inspection with the Office of the Federal Register. NMFS also may waive
previously designated RFDs effective upon closure of the General
category fishery so that persons aboard vessels permitted in the
General category may conduct catch-and-release or tag-and-release
fishing for BFT under Sec. 635.26(a). NMFS would not modify the
previously scheduled RFDs during the fishing year in other ways (such
as changing an RFD from one date to another, or adding RFDs).
Due to increased BFT catch rates in the General category in 2019
and 2020, and numerous requests from Atlantic tuna dealers, General
category participants, and members of the Atlantic HMS Advisory Panel,
NMFS proposed to resume the use of RFDs for 2021 for the first time
since 2007 (86 FR 25992, May 12, 2021). Although NMFS proposed a
schedule of all Tuesdays, Fridays, and Saturdays from July 20 through
November 30, 2021, due to timing issues, the final rule established
RFDs on all Tuesdays, Fridays, and Saturdays from September 3 through
November 30, 2021 (86 FR 43421, August 9, 2021). NMFS closed the
General category September subquota period on September 23, 2021 (86 FR
53010, September 24, 2021). For the October through November subquota
period, the General category remained open until the end of the
subquota period (November 30, 2021). Because the use of RFDs in 2021
succeeded in extending fishing opportunities through a greater portion
of the relevant subquota periods and the fishing season overall,
consistent with management objectives for the fishery, NMFS is
proposing an RFD schedule for the 2022 fishing year.
Proposed RFD Schedule for the 2022 Fishing Year
For 2022, NMFS proposes a schedule of RFDs as follows: All
Tuesdays, Fridays, and Saturdays from July 1, 2022, through November
30, 2022, while the fishery is open. On these designated RFDs, persons
aboard vessels permitted in the General category would be prohibited
from fishing for (including catch-and-release and tag-and-release
fishing), possessing, retaining, landing, or selling BFT. Persons
aboard HMS Charter/Headboat permitted vessels with a commercial sale
endorsement also would be prohibited from fishing commercially for BFT.
Persons aboard all HMS Charter/Headboat permitted vessels (including
those with a commercial sale endorsement) could fish recreationally for
BFT under the applicable Angling category restrictions and retention
limits.
NMFS is proposing the same weekly schedule as the 2021 RFD schedule
(i.e., every Tuesday, Friday, and Saturday). However, while the 2021
RFDs did not start until September 2021, the 2022 RFDs proposed
schedule would begin at the start of July and extend through the end of
November. This proposed schedule and extension is based on general
feedback provided by Atlantic tuna dealers, General category
participants and members of the Atlantic HMS Advisory Panel in 2021, a
review of average daily catch rate data for recent years, a review of
past years' RFD schedules (including the most recent 2021 RFD
schedule), and a review of past closure dates prior to RFDs being set
in 2021. Considering that information, NMFS believes that a schedule of
Tuesday, Friday, and Saturday RFDs from July 1 through November 30
should continue to increase the likelihood of pacing General category
landings to extend fishing opportunities through a greater portion of
the subquota periods (similar to the 2021 RFD schedule). It would also
allow for two-consecutive-day periods
[[Page 12645]]
twice each week (Sunday-Monday; Wednesday-Thursday) for BFT product to
move through the market and allow for some commercial fishing activity
each weekend (Sunday).
In proposing the same schedule as last year, NMFS did consider the
comments and feedback received last year that suggested a different
approach. During the public comment period for the 2021 RFD rulemaking,
NMFS received comments regarding RFDs potentially negatively impacting
HMS tournaments given the limits on weekend fishing. Several of these
comments requested that a schedule of RFDs be announced earlier in the
fishing year to allow tournament operators the flexibility to adapt
their tournaments around RFDs. Publishing the proposed rule and
affording an opportunity for comments on the proposed schedule earlier
in the year would allow tournament operators the opportunity to comment
and later to adjust their scheduled tournaments as needed around the
2022 RFDs. In 2021 after the RFD schedule had published, NMFS also
received a request to establish a weekly schedule consisting of three
days in a row such as Thursday, Friday, and Saturday. This request
stated that a block of days would better assist the bluefin tuna
product to move through the market, assist enforcement, and assist the
industry with three consecutive days off. NMFS is not proposing that
requested schedule at this time but specifically is requesting comment
on this topic to help assess whether such a block of time would be less
disruptive to the fishery and would better meet the goals of RFDs.
Additionally, in late 2021, NMFS received requests from some winter
fishery participants to extend RFDs through the December subquota
period. These dealers and General category participants suggested that
establishing RFDs in December would assist in facilitating entry of BFT
product to the market while also allowing rest days for commercial BFT
fishermen. These requests specifically suggested Wednesdays and
Saturdays as December subquota period RFDs. Over the last five years,
closure of the December subquota period has been necessary in 2017,
2020, and 2021, with the fishery remaining open through the end of the
month in 2018 and 2019.At this time NMFS is not proposing to extend
RFDs through the December subquota period for the 2022 fishing year.
However, in the Federal Register notice, NMFS specifically requests
comment on whether RFDs should be extended through the December
subquota period. NMFS will consider comments before deciding on a final
schedule.
Lastly, NMFS also received a suggestion to implement RFDs for the
January through March subquota period. Given that the 2022 January
through March subquota period is currently underway, NMFS is not
proposing RFDs for this period in this rulemaking, given timing
considerations. However, NMFS requests comment on whether it could be
appropriate to implement RFDs for the January through March subquota
period in the future, including the 2023 January through March subquota
period.
Under existing regulations, based on consideration of regulatory
criteria at Sec. 635.27(a)(8), NMFS may waive certain RFDs consistent
with Sec. 635.23(a)(4), either by adjusting the retention limit
upwards on a previously-scheduled RFD or by waiving an RFD to allow
recreational fishing under the Angling category restrictions and
retention limits when the General category closes. Once the schedule is
set, however, NMFS would not modify RFDs in other ways (e.g., switching
days or adding RFDs).
Request for Comments
NMFS is proposing a schedule of RFDs for every Tuesday, Friday, and
Saturday from July 1, 2022, through November 30, 2022. NMFS is
requesting comments on this RFD schedule for the 2022 fishing year.
NMFS is also specifically requesting comments on (1) whether the RFD
schedule should be three days in a row per week, (2) whether RFDs
should also be considered for the General category December subquota
period, and (3) whether RFDs should be considered for the January
through March subquota period for future rulemakings since this
subquota period is currently closed. Comments on this proposed rule may
be submitted via www.regulations.gov or at a public conference call and
webinar. NMFS solicits comments on this action by April 6, 2022 (see
DATES and ADDRESSES).
During the comment period, NMFS will hold a public hearing via
conference call and webinar for this proposed action. Requests for sign
language interpretation or other auxiliary aids should be directed to
Larry Redd at [email protected] or 301-427-8503, at least 7 days
prior to the meeting.
The conference call and webinar will take place on March 24, 2022.
Information for registering and accessing the webinars can be found at
https://www.fisheries.noaa.gov/action/proposed-2022-restricted-fishing-days-atlantic-bluefin-tuna-fishery.
The public is reminded that NMFS expects participants at conference
calls and webinars to conduct themselves appropriately. At the
beginning of each conference call and webinar, the moderator will
explain how the conference call and webinar will be conducted and how
and when participants can provide comments. NMFS representative(s) will
structure the conference call and webinar so that all members of the
public will be able to comment, if they so choose, regardless of the
controversial nature of the subject(s). Participants are expected to
respect the ground rules, and those that do not may be asked to leave
the conference calls and webinars.
Classification
The NMFS Assistant Administrator has determined that the proposed
rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, other provisions of the Magnuson-Stevens Act, ATCA, and
other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of this section in the preamble and in the SUMMARY
section of the preamble. A summary of the analysis follows. Section
603(b)(1) requires agencies to describe the reasons why the action is
being considered. The purpose of this proposed rulemaking is,
consistent with the objectives of the 2006 Consolidated HMS FMP and its
amendments, the Magnuson-Stevens Act, ATCA, and other applicable law,
to potentially set a schedule of RFDs for the 2022 fishing year as an
effort control for the General category quota, and to extend General
category fishing opportunities through a greater portion of the General
category subquota periods. Implementation of the proposal would further
the management goals and objectives in the 2006 Consolidated HMS FMP
and its amendments.
Section 603(b)(2) of the RFA requires agencies to state the
objectives of, and legal basis for, the proposed action. The objective
of this proposed rulemaking is to set a schedule of RFDs for the 2022
fishing year to increase the likelihood of pacing General category
landings to extend fishing opportunities through a greater portion of
the subquota periods (similar to the 2021 RFD schedule). The
[[Page 12646]]
legal basis for the proposed rule is the Magnuson-Stevens Act and ATCA.
Section 603(b)(3) of the RFA requires agencies to provide an
estimate of the number of small entities to which the rule would apply.
NMFS established a small business size standard of $11 million in
annual gross receipts for all businesses in the commercial fishing
industry (NAICS 11411) for RFA compliance purposes. The Small Business
Administration (SBA) has established size standards for all other major
industry sectors in the United States, including the scenic and
sightseeing transportation (water) sector (NAICS code 487210), which
includes for-hire (charter/party boat) fishing entities. The SBA has
defined a small entity under the scenic and sightseeing transportation
(water) sector as one with average annual receipts (revenue) of less
than $8.0 million. NMFS considers all HMS permit holders, both
commercial and for-hire, to be small entities because they had average
annual receipts of less than their respective sector's standard of $11
million and $8 million. The 2020 total ex-vessel annual revenue for the
BFT fishery was $8.4 million. Since a small business is defined as
having annual receipts not in excess of $11.0 million, each individual
BFT permit holder would fall within the small entity definition. The
numbers of relevant annual Atlantic Tunas or Atlantic HMS permits as of
October 2021 are as follows: 2,730 General category permit holders and
4,055 HMS Charter/Headboat permit holders, of which 1,793 hold HMS
Charter/Headboat permits with a commercial sale endorsement.
Section 603(b)(4) of the RFA requires agencies to describe any new
reporting, record-keeping, and other compliance requirements. This
proposed rule does not contain any new collection of information,
reporting, or record-keeping requirements. This proposed rule would set
a schedule of RFDs for 2022 as an effort control for the General
category.
Under section 603(b)(5) of the RFA, agencies must identify, to the
extent practicable, relevant Federal rules which duplicate, overlap, or
conflict with the proposed action. Fishermen, dealers, and managers in
these fisheries must comply with a number of international agreements,
domestic laws, and other fishery management measures. These include,
but are not limited to, the Magnuson-Stevens Act, ATCA, the High Seas
Fishing Compliance Act, the Marine Mammal Protection Act, the
Endangered Species Act, the National Environmental Policy Act, the
Paperwork Reduction Act, and the Coastal Zone Management Act. This
proposed action has been determined not to duplicate, overlap, or
conflict with any Federal rules.
Under section 603(c) of the RFA, agencies must describe any
significant alternatives to the proposed rule which accomplish the
stated objectives of applicable statutes and which minimize any
significant economic impact of the proposed rule on small entities.
Specifically, the RFA (5 U.S.C. 603(c)(1)-(4)) lists four general
categories of significant alternatives to assist an agency in the
development of significant alternatives. These categories of
alternatives are: (1) Establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; (3) use of
performance rather than design standards; and, (4) exemptions from
coverage of the rule, or any part thereof, for small entities.
Regarding the first, second, and fourth categories, NMFS cannot
establish differing compliance or reporting requirements for small
entities or exempt small entities from coverage of the rule or parts of
it, because all of the businesses impacted by this rule are considered
small entities, and thus the requirements are already designed for
small entities. Regarding the third category, NMFS does not know of any
performance or design standards that would satisfy the aforementioned
objectives of this rulemaking.
This proposed rule would not change the U.S. Atlantic BFT quotas or
implement any new management measures not previously considered under
the 2006 Consolidated HMS FMP and its amendments. NMFS proposes
continuation of the use of RFDs for the General category in 2022 and
provides the regulated community the opportunity to comment on the
proposed RFD schedule. Under the regulations, when a General category
subquota period is reached or projected to be reached, NMFS closes the
General category fishery. Retaining, possessing, or landing BFT under
that quota category is prohibited on and after the effective date and
time of a closure notice for that category, for the remainder of the
fishing year, until the opening of the subsequent quota period or until
such date as specified. In recent years, these closures, if needed,
have generally occurred toward the end of a subquota period. According
to communications with dealers and fishermen, several of the high-
volume Atlantic tunas dealers in 2019 and 2020 were limiting their
purchases of BFT and buying no or very few BFT (such as harpooned fish
only) on certain days during the beginning portion of the June through
August subquota period in order to extend the available quota until
later in the subquota period given market considerations. However,
while these actions may have prevented large numbers of BFT from
entering the market at the same time and may have lengthened the time
before any particular subquota period was closed, because these actions
were not pre-scheduled or consistently implemented across the fishery,
there were negative impacts experienced by some General category and
Charter/Headboat permitted fishermen, who could not find buyers for
their BFT. As a result, a number of BFT that normally would have been
sold were not, and opportunities may not have been equitably
distributed among all permitted vessels. In 2021, NMFS set pre-
scheduled RFDs for the General category fishery on certain days
(Tuesdays, Fridays, and Saturdays) from September through November to
increase the likelihood of pacing General category landings to extend
fishing opportunities through a greater portion of the subquota
periods. Table 1 shows the number and total metric tons (mt) of BFT
that were landed but not sold by fishermen fishing under the General
category quota for 2017 through 2021. The number and weight of unsold
BFT increased from 2018 through 2020, with a peak in 2020 (173 BFT and
25.8 mt) in part to the pandemic and substantially decreased in 2021
(from 143 to 12 BFT and 25.8 mt to 2.0 mt). NMFS believes this
substantial reduction in 2021 from the peak in 2020 is a result of the
use of RFDs in 2021.
[[Page 12647]]
Table 1--Number (Count) and Weight (mt) of BFT Landed but Unsold by
General Category Participants by Year
[2017-2021]
------------------------------------------------------------------------
Year Count Weight (mt)
------------------------------------------------------------------------
2017.................................... 0 0
2018.................................... 14 2.6
2019.................................... 20 3.8
2020.................................... 143 25.8
2021.................................... 12 2.0
-------------------------------
Total............................... 189 34.2
------------------------------------------------------------------------
Table 2 shows the average ex-vessel price per pound of BFT during
each General category subquota time period for 2017 through 2021. Ex-
vessel price per pound was lower for the June through August period,
with an average (2017 through 2021) of $6.21, and increased over the
summer and fall period, with averages of $6.26 for the September period
and $6.73 for the October through November period). In 2021, the
average price per pound was higher for all time periods compared to the
average price per pound during the time periods in 2020. In most time
periods, the 2021 average price per pound was also higher than the 2019
average price per pound. NMFS believes that this increase in average
price was in part due to the use of RFDs in 2021.
Table 2--Average Ex-Vessel Price per Pound ($) of BFT by General Category Subquota Time Period
[2017-2021]
----------------------------------------------------------------------------------------------------------------
Subquota time period
----------------------------------------------------------------
Year January June October
through through September through December
March August November
----------------------------------------------------------------------------------------------------------------
2017........................................... $7.37 $6.72 $7.08 $7.56 $9.83
2018........................................... 7.43 6.92 6.55 7.58 9.56
2019........................................... 6.06 5.61 6.36 5.53 12.25
2020........................................... 6.13 4.90 5.21 5.61 5.76
2021........................................... 6.22 6.92 6.09 7.38 8.51
----------------------------------------------------------------
2017 through 2021 average.................. 6.64 6.21 6.26 6.73 9.18
----------------------------------------------------------------------------------------------------------------
Table 3 shows the number of open days during each General category
subquota time period for 2017 through 2021. On an annual basis, the
average number of General category open days tends to be higher earlier
in the fishing year (i.e., 64 days for the January through March period
and 79 days for the June through August period) and decreases as the
season progresses into the late fall and winter seasons (i.e., 21 days
for September period, 21 days for October through November period, and
20 days for the December period). In 2021, the total number of open
days was higher compared to the total number of days in 2019. NMFS set
RFDs for the September and October through November subquota periods in
2021. Although the number of open days for the September 2021 subquota
period was the lowest except for 2019, the October through November
2021 subquota period remained open for more days compared to the
previous four years. NMFS believes that increase in fishing days was in
part due to RFDs.
Table 3--General Category Number of Open Days by Subquota Time Period
[2017-2021]
----------------------------------------------------------------------------------------------------------------
Subquota time period
-----------------------------------------------------------------------------
Year January June October
through through September through December Total
March August November
----------------------------------------------------------------------------------------------------------------
2017.............................. 88 77 17 5 6 193
2018.............................. 61 92 23 15 31 222
2019.............................. 59 69 13 13 31 185
2020.............................. 55 91 27 11 14 200
2021.............................. 58 65 14 34 18 189
-----------------------------------------------------------------------------
2017 through 2021 average..... 64 79 19 16 20 198
----------------------------------------------------------------------------------------------------------------
[[Page 12648]]
NMFS is proposing to establish a schedule of RFDs for the 2022
fishing year that would specify days on which fishing and sales will
not occur. Specifically, the proposed schedule allows for two-
consecutive-day periods twice each week for BFT product to move through
the market while also allowing some commercial fishing activity to
occur each weekend (i.e., Sundays). Because this schedule of RFDs would
apply to all participants equally, NMFS anticipates that this schedule
would extend fishing opportunities through a greater proportion of the
subquota periods in which they apply by spreading fishing effort out
over time similar to the 2021 fishing season. Further, to the extent
that the ex-vessel revenue for a BFT sold by a General or HMS Charter/
Headboat permitted vessel (with a commercial endorsement) may be higher
when a lower volume of domestically-caught BFT is on the market at one
time, the use of RFDs may result in some increase in BFT price, and the
value of the General category subquotas could increase similar to that
of 2021. Thus, although NMFS anticipates that the same overall amount
of the General category quota would be landed as well as the same
amount of BFT landed per vessel, there may be some positive impacts to
the General category and Charter/Headboat (commercial) BFT fishery.
Using RFDs may more equitably distribute opportunities across all
permitted vessels for longer durations within the subquota periods.
If NMFS does not implement a schedule, without any other changes,
it is possible that the trends of increasing numbers of unsold BFT
(Table 1) and decreasing ex-vessel prices (Table 2) from 2017 through
2020 could continue. Additionally, without RFDs in 2022, the General
category could have fewer open days later in the fishing season when
ex-vessel prices tend to be higher (Table 3) as observed in 2017
through 2020. If those trends were to continue, all active General
category permit holders could experience negative economic impacts
similar to 2019 and 2020 where dealers were limiting their purchases of
BFT and buying no or very few BFT on certain days in order to extend
the available quota.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Dated: February 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-04546 Filed 3-4-22; 8:45 am]
BILLING CODE 3510-22-P
