Atlantic Highly Migratory Species; Bluefin Tuna (BFT) General Category Restricted-Fishing Days (RFDs), 13771-13776 [2023-04316]
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Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Proposed Rules
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List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
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Proposed Rule
For the reasons discussed in the
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PART 73—RADIO BROADCAST
SERVICE
1. The authority citation for part 73
continues to read as follows:
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Authority: 47 U.S.C. 154, 155, 301, 303,
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2. In § 73.622 (j), amend the Table of
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§ 73.622
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Table of TV Allotments.
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Community
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Coos Bay ................... 22, 34
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Oregon
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[FR Doc. 2023–03588 Filed 3–3–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 230224–0052]
RIN 0648–BL94
Atlantic Highly Migratory Species;
Bluefin Tuna (BFT) General Category
Restricted-Fishing Days (RFDs)
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 BFT General category RFDs for
parts of the 2023 and 2024 fishing years.
Specifically, when the General category
fishery is open, this proposed rule
would set RFDs for every Tuesday,
Friday, and Saturday from July 1, 2023
through November 30, 2023 and every
Tuesday and Friday from December 1,
2023 through March 31, 2024. On an
RFD, Atlantic Tunas General category
permitted vessels may not fish for
(including catch-and-release or tag-andrelease 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 that 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 5, 2023. NMFS will
hold a public hearing via conference
call and webinar for this proposed rule
on March 23, 2023, from 2 p.m. to 4
p.m. For webinar registration
information, see the SUPPLEMENTARY
INFORMATION section of this document.
SUMMARY:
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You may submit comments
on this document, identified by NOAA–
NMFS–2023–0016, by electronic
submission. Submit all electronic public
comments via the Federal e-Rulemaking
Portal. Go to https://
www.regulations.gov and enter
‘‘NOAA–NMFS–2023–0016’’ 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 https://
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 Erianna Hammond,
erianna.hammond@noaa.gov, or Larry
Redd, Jr., larry.redd@noaa.gov, at 301–
427–8503.
FOR FURTHER INFORMATION CONTACT:
Erianna Hammond, erianna.hammond@
noaa.gov, or Larry Redd, Jr., larry.redd@
noaa.gov, at 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,
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
ADDRESSES:
Channel No.
13771
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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. As described in
§ 635.27(a), the current baseline U.S.
quota is 1,316.14 metric tons (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 710.7 mt. Each of the
General category time periods (January
through March, June through August,
September, October through November,
and December) are allocated a portion of
the annual General category quota.
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 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)(2)).
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)(7). 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
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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 landings rates
in the General category in 2019 and
2020 and numerous requests from
members of the Atlantic HMS Advisory
Panel, General category participants,
and Atlantic tunas dealers, NMFS
resumed the use of RFDs in 2021 for the
first time since 2007 (86 FR 25992, May
12, 2021; 86 FR 43421, August 9, 2021).
In 2022, because the use of RFDs in
2021 succeeded in extending fishing
opportunities through a greater portion
of the relevant General category time
periods and the fishing season overall,
consistent with management objectives
for the fishery, NMFS implemented
RFDs on every Tuesday, Friday, and
Saturday from July 1 through November
30 while the fishery was open (87 FR
12643, March 7, 2022; 87 FR 33056,
June 1, 2022). Similar to the 2021 and
2022 rulemakings, NMFS is proposing
an RFD schedule to extend fishing
opportunities through a greater portion
of the relevant General category time
periods and the fishing season overall,
consistent with management objectives
for the fishery. Based on comments
received on the 2022 rulemaking and on
comments received throughout 2022, as
described below, NMFS is also
proposing to extend the use of RFDs to
the December 2023 and January through
March 2024 time periods.
Proposed RFD Schedule
In this proposed rule, NMFS proposes
to schedule RFDs every Tuesday,
Friday, and Saturday from July 1, 2023
through November 30, 2023 and every
Tuesday and Friday from December 1,
2023 through March 31, 2024, 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
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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.
From July 1 through November 30,
2023, NMFS is proposing the same
weekly schedule as the 2021 and 2022
RFD schedule (i.e., every Tuesday,
Friday, and Saturday). Unlike in 2021
and 2022, NMFS is also proposing to
extend RFDs to the ‘‘winter’’ fishery
(i.e., the December and January through
March time periods). Specifically, from
December 1, 2023 through March 31,
2024, NMFS proposes two RFDs per
week (i.e., every Tuesday and Friday)
while the fishery is open. This proposed
schedule and extension is based on
general feedback provided by members
of the Atlantic HMS Advisory Panel,
General category participants, and
Atlantic tunas dealers in 2022; a review
of average daily landings rate data for
recent years; a review of past years’ RFD
schedules (including the most recent
2022 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 RFDs from July 2023
through March 2024 should continue to
increase the likelihood of pacing
General category landings to extend
fishing opportunities through a greater
portion of the General category time
periods. In the July through November
time periods, the schedule would allow
for 2-consecutive 2-day periods each
week (Sunday-Monday; WednesdayThursday) for BFT product to move
through the market and allow for some
commercial fishing activity each
weekend (Sunday). In the December and
January through March time periods it
would allow for extended fishing
opportunities while pacing the BFT
landings over a greater portion of the
General category time periods.
In 2022, NMFS received some
comments suggesting an increase from 3
to 4 RFDs during the July through
November time periods. Based on the
landings data, if NMFS were to consider
an additional day to the current
schedule, Sunday would appear to be
the best fit because it has the highest
landings rates of the remaining days
(i.e., Sunday, Monday, Wednesday, and
Thursday). In 2022 after the final RFD
schedule published, NMFS received
requests to establish a weekly schedule
consisting of 3 RFDs in a row such as
Thursday, Friday, and Saturday. These
requests stated that a block of days
would better assist the BFT product to
move through the market, assist with
enforcement, and assist the industry
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with 3 consecutive days off. NMFS is
not proposing either requested schedule
at this time because NMFS believes it
would provide less flexibility for
fishermen and could be disruptive to
tournaments and businesses that are
planning for 2023 based on what
occurred in 2022. However, in this
Federal Register proposed rule, NMFS
requests public comments on:
• Whether July through November
RFDs should be established for 4 days
per week instead of 3, and if so, what
the fourth day should be, and
• Whether July through November
RFDs should be scheduled for 3 or 4
consecutive days and if that schedule
would be less disruptive than the
proposed schedule that allows for 2consecutive 2-day periods each week
(Sunday–Monday; Wednesday–
Thursday) for BFT product to move
through the market.
Additionally, in 2022, NMFS received
requests from some winter fishery
participants to extend RFDs into both
the December and the January through
March time periods. These dealers and
General category participants suggested
that establishing RFDs in these General
category time periods would assist in
facilitating entry of BFT product to the
market while also allowing rest days for
commercial BFT fishermen. Over the
last 6 years, closure of the December
time period has been necessary in 2017,
2020, 2021, and 2022, with the fishery
remaining open through the end of the
month in 2018 and 2019. Similarly, over
the last 6 years, closure of the January
through March time period has been
necessary every year for 2017 through
2022. Based on these requests and to
extend fishing opportunities throughout
the December and January through
March time periods, NMFS proposes
RFDs for the December 2023 and the
January through March 2024 time
periods. NMFS is proposing only
Tuesday and Friday as RFDs for these
time periods because these days have
the highest landings rates and because
of concerns that 3 or more days per
week may be too restrictive given the
potential for inclement winter weather.
In this proposed rule, NMFS specifically
requests public comment on how many
RFDs per week would be appropriate
during these time periods and which
days may be most beneficial.
Under existing regulations, based on
consideration of regulatory criteria at
§ 635.27(a)(7), 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
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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, 2023, through
November 30, 2023. Additionally,
NMFS is proposing a schedule of RFDs
for every Tuesday and Friday from
December 1, 2023 through March 31,
2024. NMFS is requesting comments on
this proposed RFD schedule. NMFS is
also specifically requesting comments
on: (1) whether July through November
RFDs should be 4 days per week instead
of 3, and if so, what the fourth day
should be; (2) whether July through
November RFDs should be scheduled
for 3 or 4 consecutive days and if that
schedule would be less disruptive than
the proposed schedule that allows for 2consecutive 2-day periods each week
(Sunday–Monday; Wednesday–
Thursday) for BFT product to move
through the market; and (3) whether the
December through March RFD 2 day per
week schedule is appropriate and which
days would be the most beneficial for
these time periods. Comments on this
proposed rule may be submitted via
https://www.regulations.gov or at a
public conference call and webinar.
NMFS solicits comments on this action
by April 5, 2023 (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
Erianna Hammond at
Erianna.hammond@noaa.gov or 301–
427–8503, at least 7 days prior to the
meeting.
The conference call and webinar will
take place on March 23, 2023 from 2:00
to 4:00 p.m. Information for registering
and accessing the webinars can be
found at https://
www.fisheries.noaa.gov/action/
proposed-restricted-fishing-daysatlantic-bluefin-tuna-fishery-parts-2023and-2024.
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
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13773
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 this 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.
Section 603(b)(1) of the RFA 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 BFT RFDs
for parts of the 2023 and 2024 fishing
years as an effort control for the General
category quota and to extend General
category fishing opportunities through a
greater portion of the General category
time period subquotas. 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 BFT RFDs for parts
of the 2023 and 2024 fishing year to
increase the likelihood of pacing
General category landings to extend
fishing opportunities through a greater
portion of the General category time
periods (similar to the 2022 RFD
schedule). The 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
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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 $14.0 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 2021
total ex-vessel annual revenue for the
BFT fishery was $11.8 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
2022 are as follows: 2,630 General
category permit holders and 4,175 HMS
Charter/Headboat permit holders, of
which 1,873 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
parts of 2023 and 2024 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
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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. 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 for parts of 2023 and
2024 to provide the regulated
community the opportunity to comment
on the proposed RFD schedule. Under
the regulations, when a General category
time period subquota 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 time period
or until such date as specified. In recent
years, these closures, if needed, have
generally occurred toward the end of a
time period. NMFS notes that marketbased factors may affect the length of
time before any particular time period
closes, but believes that RFDs are still
needed to provide a pre-scheduled,
consistent approach across the fishery.
According to communications with
dealers and fishermen, several of the
high-volume Atlantic tunas dealers in
2019, 2020, and 2022 were limiting their
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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 time
period in order to extend the available
quota until later in the time period
given market considerations. While
these actions may have lengthened the
time before any particular time period
was closed, there were negative impacts
experienced by some General category
and Charter/Headboat permitted
fishermen, who could not find buyers
for their BFT. In 2021, NMFS set prescheduled 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 General
category time periods (August 9, 2021,
86 FR 43421). In 2022, NMFS set prescheduled RFDs for the same days from
July through November (June 1, 2022, 87
FR 33056).
Table 1 shows the General category
closure dates by time period for 2018
through 2022. The General category
remained open for the entire duration of
the June through August time period in
2018 and 2020, and of the December
time period in 2018 and 2019. The
October through November time period
tends to close the earliest of any time
period, and NMFS often receives
requests to reopen that time period.
Following the consideration of
numerous factors (i.e., daily landings
rates, weather conditions, available
quota, etc.), NMFS reopened the
October through November time period
in 2018 and 2020. In 2021, NMFS set
RFDs for the September through
November time periods, resulting in the
General category fishing extending late
into September and through the end of
October through November time period.
In 2022, NMFS set RFDs for the June
through November time periods, with
the first RFD established on July 1.
Closure dates for 2022 were February
11, August 10, September 19, October
24, and December 10, respectively, for
each time period. NMFS believes that
the relatively early closure dates in 2022
were due in part to high daily landings
rates when the time periods were open
in the summer and fall. Based on a
review of average daily landings rates,
without the use of RFDs, NMFS likely
would have needed to close the June
through November time periods much
earlier if the RFDs were not in place.
These high landings rates continued
into December 2022, resulting in that
time period closing after 10 days, much
earlier than in 2018 through 2021. The
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use of RFDs in 2022 from June through
November paced the landings as much
as possible and extended the fishing
opportunities for the June through
November time periods. The current
proposal to extend RFDs into December
of 2023 and January through March of
2024 should similarly increase fishing
opportunities throughout all time
periods.
TABLE 1—GENERAL CATEGORY CLOSURE DATES BY TIME PERIOD (2018–2022)
Time period
Year
January through
March
June through
August
September
October through November
2018 .......
Mar 2 ................
Aug 31 ..............
Sept 23 .............
2019 .......
2020 .......
Feb 28 ..............
Feb 24 ..............
Aug 8 ................
Aug 31 ..............
Sept 13 .............
Sept 27 .............
2021 .......
Feb 27 ..............
Aug 4 ................
Sept 23 .............
Closed Oct 5; Reopened Oct 31
through Nov 2; Reopened Nov 12
through Nov 26.
Oct 13 ..............................................
Closed Oct 9; Reopened Oct 28–
29; Reopened Nov 7–8.
Nov 30 .............................................
2022 .......
Feb 11 ..............
Aug 10 ..............
Sept 19 .............
Oct 24 ..............................................
Table 2 shows the average ex-vessel
price per pound of BFT during each
General category time period for 2018
through 2022 adjusted to real 2022
dollars using the Gross Domestic
Product (GDP) deflator. Ex-vessel price
per pound was lower for the September
time period, with an average (2018
through 2022) of $6.65, and varied over
the summer and fall period, with
averages of $6.97 for the June through
August time period and $7.03 for the
October through November time period.
In 2022, the average price per pound
was higher for the January through
March time period compared to the
December
Dec 31.
Dec 31.
Dec 14.
Closed Dec 14; Reopened Dec 20–
23.
Dec 10.
average price per pound during the time
periods in 2021. In most time periods,
the 2022 average price per pound was
also higher than the 2020 average price
per pound. NMFS believes that this
increase in average price was in part
due to the use of RFDs in 2022.
TABLE 2—AVERAGE EX-VESSEL PRICE PER POUND ($) OF BFT BY GENERAL CATEGORY TIME PERIOD (2018–2022)
ADJUSTED TO REAL 2022 DOLLARS *
Time period
Year
January
through
March
2018 .....................................................................................
2019 .....................................................................................
2020 .....................................................................................
2021 ** ..................................................................................
2022 ** ..................................................................................
2018 through 2022 average ................................................
June
through
August
$8.72
6.97
6.93
6.87
8.76
7.65
September
$8.05
6.41
5.56
7.53
7.30
6.97
$7.59
7.25
5.86
6.53
6.02
6.65
October
through
November
$8.75
6.28
6.27
7.78
6.09
7.03
December
$11.03
13.91
6.44
8.97
7.19
9.51
lotter on DSK11XQN23PROD with PROPOSALS1
* Adjusted using the Gross Domestic Product (GDP) Deflator.
** The October through November and December numbers do not use the 4th quarter GDP Deflator because it is not yet currently available.
Table 3 shows the number and total
weight of BFT that were landed but not
sold by fishermen fishing under the
General category quota for 2018 through
2022. The number and weight of unsold
BFT increased from 2018 through 2022
with a peak in 2020 (143 BFT and 25.8
mt) in part due to the COVID–19
pandemic, and substantial decrease in
2021 (from 143 to 12 BFT and 25.8 mt
to 2.0 mt), followed by an increase in
2022 (48 BFT and 9.1 mt). NMFS
believes this increase is in part due to
an influx of domestically caught BFT
entering the market at one time resulting
in dealers limiting their purchases of
BFT leading to General category
participants. This situation resulted in
unprecedented high landings days in
several time periods and BFT fishermen
VerDate Sep<11>2014
17:54 Mar 03, 2023
Jkt 259001
having a difficult time finding buyers
for landed BFT.
TABLE 3—NUMBER (COUNT) AND
WEIGHT (mt) OF BFT LANDED BUT
UNSOLD BY GENERAL CATEGORY
PARTICIPANTS BY YEAR (2018–
2022)
Year
2018
2019
2020
2021
2022
Count
Weight
(mt)
..........................
..........................
..........................
..........................
..........................
14
20
143
12
48
2.6
3.8
25.8
2.0
9.1
Total ......................
237
43.3
PO 00000
Frm 00059
Fmt 4702
Sfmt 4702
NMFS is proposing to establish a
schedule of RFDs for parts of the 2023
and 2024 fishing years that would
specify days on which fishing and sales
will not occur. Specifically, for the 3
time periods from June through
November, the proposed schedule
allows for 2-consecutive 2-day periods
each week for BFT product to move
through the market while also allowing
some commercial fishing activity to
occur each weekend (i.e., Sundays). For
the December and January through
March time periods, the proposed
schedule would allow for extended
fishing opportunity while pacing the
BFT landings over a span of time.
Because this schedule of RFDs would
apply to all participants equally, NMFS
anticipates that this schedule would
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lotter on DSK11XQN23PROD with PROPOSALS1
extend fishing opportunities through a
greater proportion of the time periods in
which they apply by spreading fishing
effort out over time similar to the 2022
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 time period subquotas
could increase similar to that of 2022.
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
VerDate Sep<11>2014
17:54 Mar 03, 2023
Jkt 259001
Charter/Headboat (commercial) BFT
fishery small businesses. Using RFDs
may more equitably distribute fishing
opportunities across all permitted
vessels for longer durations within each
General category time period.
If NMFS does not implement a
schedule, without any other changes, it
is possible that the General category
could have fewer open days later in the
fishing season when ex-vessel prices
tend to be higher (Table 1) as observed
in 2018 through 2022. Additionally,
without RFDs the trends of increasing
numbers of unsold BFT (Table 3) and
decreasing ex-vessel prices (Table 2)
from 2018 through 2020 could continue.
If those trends were to continue, all
active General category permit holders
could experience negative economic
impacts similar to 2019, 2020, and 2022
PO 00000
Frm 00060
Fmt 4702
Sfmt 9990
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 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–04316 Filed 3–3–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Pages 13771-13776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04316]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 230224-0052]
RIN 0648-BL94
Atlantic Highly Migratory Species; Bluefin Tuna (BFT) General
Category Restricted-Fishing Days (RFDs)
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 BFT General category RFDs
for parts of the 2023 and 2024 fishing years. Specifically, when the
General category fishery is open, this proposed rule would set RFDs for
every Tuesday, Friday, and Saturday from July 1, 2023 through November
30, 2023 and every Tuesday and Friday from December 1, 2023 through
March 31, 2024. 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 that
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 5, 2023. NMFS will
hold a public hearing via conference call and webinar for this proposed
rule on March 23, 2023, from 2 p.m. to 4 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-2023-0016, by electronic submission. Submit all electronic
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0016'' 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 https://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 Erianna Hammond, [email protected], or Larry Redd,
Jr., [email protected], at 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Erianna Hammond,
[email protected], or Larry Redd, Jr., [email protected], at
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, 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
[[Page 13772]]
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. As described in Sec. 635.27(a), the
current baseline U.S. quota is 1,316.14 metric tons (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 710.7
mt. Each of the General category time periods (January through March,
June through August, September, October through November, and December)
are allocated a portion of the annual General category quota.
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)(2)).
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)(7). 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 landings rates in the General category in 2019
and 2020 and numerous requests from members of the Atlantic HMS
Advisory Panel, General category participants, and Atlantic tunas
dealers, NMFS resumed the use of RFDs in 2021 for the first time since
2007 (86 FR 25992, May 12, 2021; 86 FR 43421, August 9, 2021). In 2022,
because the use of RFDs in 2021 succeeded in extending fishing
opportunities through a greater portion of the relevant General
category time periods and the fishing season overall, consistent with
management objectives for the fishery, NMFS implemented RFDs on every
Tuesday, Friday, and Saturday from July 1 through November 30 while the
fishery was open (87 FR 12643, March 7, 2022; 87 FR 33056, June 1,
2022). Similar to the 2021 and 2022 rulemakings, NMFS is proposing an
RFD schedule to extend fishing opportunities through a greater portion
of the relevant General category time periods and the fishing season
overall, consistent with management objectives for the fishery. Based
on comments received on the 2022 rulemaking and on comments received
throughout 2022, as described below, NMFS is also proposing to extend
the use of RFDs to the December 2023 and January through March 2024
time periods.
Proposed RFD Schedule
In this proposed rule, NMFS proposes to schedule RFDs every
Tuesday, Friday, and Saturday from July 1, 2023 through November 30,
2023 and every Tuesday and Friday from December 1, 2023 through March
31, 2024, 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.
From July 1 through November 30, 2023, NMFS is proposing the same
weekly schedule as the 2021 and 2022 RFD schedule (i.e., every Tuesday,
Friday, and Saturday). Unlike in 2021 and 2022, NMFS is also proposing
to extend RFDs to the ``winter'' fishery (i.e., the December and
January through March time periods). Specifically, from December 1,
2023 through March 31, 2024, NMFS proposes two RFDs per week (i.e.,
every Tuesday and Friday) while the fishery is open. This proposed
schedule and extension is based on general feedback provided by members
of the Atlantic HMS Advisory Panel, General category participants, and
Atlantic tunas dealers in 2022; a review of average daily landings rate
data for recent years; a review of past years' RFD schedules (including
the most recent 2022 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 RFDs from July 2023 through March 2024
should continue to increase the likelihood of pacing General category
landings to extend fishing opportunities through a greater portion of
the General category time periods. In the July through November time
periods, the schedule would allow for 2-consecutive 2-day periods 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 the December and January through March time
periods it would allow for extended fishing opportunities while pacing
the BFT landings over a greater portion of the General category time
periods.
In 2022, NMFS received some comments suggesting an increase from 3
to 4 RFDs during the July through November time periods. Based on the
landings data, if NMFS were to consider an additional day to the
current schedule, Sunday would appear to be the best fit because it has
the highest landings rates of the remaining days (i.e., Sunday, Monday,
Wednesday, and Thursday). In 2022 after the final RFD schedule
published, NMFS received requests to establish a weekly schedule
consisting of 3 RFDs in a row such as Thursday, Friday, and Saturday.
These requests stated that a block of days would better assist the BFT
product to move through the market, assist with enforcement, and assist
the industry
[[Page 13773]]
with 3 consecutive days off. NMFS is not proposing either requested
schedule at this time because NMFS believes it would provide less
flexibility for fishermen and could be disruptive to tournaments and
businesses that are planning for 2023 based on what occurred in 2022.
However, in this Federal Register proposed rule, NMFS requests public
comments on:
Whether July through November RFDs should be established
for 4 days per week instead of 3, and if so, what the fourth day should
be, and
Whether July through November RFDs should be scheduled for
3 or 4 consecutive days and if that schedule would be less disruptive
than the proposed schedule that allows for 2-consecutive 2-day periods
each week (Sunday-Monday; Wednesday-Thursday) for BFT product to move
through the market.
Additionally, in 2022, NMFS received requests from some winter
fishery participants to extend RFDs into both the December and the
January through March time periods. These dealers and General category
participants suggested that establishing RFDs in these General category
time periods would assist in facilitating entry of BFT product to the
market while also allowing rest days for commercial BFT fishermen. Over
the last 6 years, closure of the December time period has been
necessary in 2017, 2020, 2021, and 2022, with the fishery remaining
open through the end of the month in 2018 and 2019. Similarly, over the
last 6 years, closure of the January through March time period has been
necessary every year for 2017 through 2022. Based on these requests and
to extend fishing opportunities throughout the December and January
through March time periods, NMFS proposes RFDs for the December 2023
and the January through March 2024 time periods. NMFS is proposing only
Tuesday and Friday as RFDs for these time periods because these days
have the highest landings rates and because of concerns that 3 or more
days per week may be too restrictive given the potential for inclement
winter weather. In this proposed rule, NMFS specifically requests
public comment on how many RFDs per week would be appropriate during
these time periods and which days may be most beneficial.
Under existing regulations, based on consideration of regulatory
criteria at Sec. 635.27(a)(7), 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, 2023, through November 30, 2023. Additionally,
NMFS is proposing a schedule of RFDs for every Tuesday and Friday from
December 1, 2023 through March 31, 2024. NMFS is requesting comments on
this proposed RFD schedule. NMFS is also specifically requesting
comments on: (1) whether July through November RFDs should be 4 days
per week instead of 3, and if so, what the fourth day should be; (2)
whether July through November RFDs should be scheduled for 3 or 4
consecutive days and if that schedule would be less disruptive than the
proposed schedule that allows for 2-consecutive 2-day periods each week
(Sunday-Monday; Wednesday-Thursday) for BFT product to move through the
market; and (3) whether the December through March RFD 2 day per week
schedule is appropriate and which days would be the most beneficial for
these time periods. Comments on this proposed rule may be submitted via
https://www.regulations.gov or at a public conference call and webinar.
NMFS solicits comments on this action by April 5, 2023 (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
Erianna Hammond 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 23, 2023
from 2:00 to 4:00 p.m. Information for registering and accessing the
webinars can be found at https://www.fisheries.noaa.gov/action/proposed-restricted-fishing-days-atlantic-bluefin-tuna-fishery-parts-2023-and-2024.
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 this 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.
Section 603(b)(1) of the RFA 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 BFT
RFDs for parts of the 2023 and 2024 fishing years as an effort control
for the General category quota and to extend General category fishing
opportunities through a greater portion of the General category time
period subquotas. 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 BFT RFDs for parts
of the 2023 and 2024 fishing year to increase the likelihood of pacing
General category landings to extend fishing opportunities through a
greater portion of the General category time periods (similar to the
2022 RFD schedule). The 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
[[Page 13774]]
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 $14.0 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 2021 total ex-vessel annual
revenue for the BFT fishery was $11.8 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 2022 are as follows: 2,630 General category
permit holders and 4,175 HMS Charter/Headboat permit holders, of which
1,873 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 parts of 2023 and 2024 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. 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 for parts of
2023 and 2024 to provide the regulated community the opportunity to
comment on the proposed RFD schedule. Under the regulations, when a
General category time period subquota 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 time period or until such date as specified. In recent
years, these closures, if needed, have generally occurred toward the
end of a time period. NMFS notes that market-based factors may affect
the length of time before any particular time period closes, but
believes that RFDs are still needed to provide a pre-scheduled,
consistent approach across the fishery. According to communications
with dealers and fishermen, several of the high-volume Atlantic tunas
dealers in 2019, 2020, and 2022 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 time
period in order to extend the available quota until later in the time
period given market considerations. While these actions may have
lengthened the time before any particular time period was closed, there
were negative impacts experienced by some General category and Charter/
Headboat permitted fishermen, who could not find buyers for their BFT.
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 General category time periods (August 9, 2021, 86 FR 43421). In
2022, NMFS set pre-scheduled RFDs for the same days from July through
November (June 1, 2022, 87 FR 33056).
Table 1 shows the General category closure dates by time period for
2018 through 2022. The General category remained open for the entire
duration of the June through August time period in 2018 and 2020, and
of the December time period in 2018 and 2019. The October through
November time period tends to close the earliest of any time period,
and NMFS often receives requests to reopen that time period. Following
the consideration of numerous factors (i.e., daily landings rates,
weather conditions, available quota, etc.), NMFS reopened the October
through November time period in 2018 and 2020. In 2021, NMFS set RFDs
for the September through November time periods, resulting in the
General category fishing extending late into September and through the
end of October through November time period. In 2022, NMFS set RFDs for
the June through November time periods, with the first RFD established
on July 1. Closure dates for 2022 were February 11, August 10,
September 19, October 24, and December 10, respectively, for each time
period. NMFS believes that the relatively early closure dates in 2022
were due in part to high daily landings rates when the time periods
were open in the summer and fall. Based on a review of average daily
landings rates, without the use of RFDs, NMFS likely would have needed
to close the June through November time periods much earlier if the
RFDs were not in place. These high landings rates continued into
December 2022, resulting in that time period closing after 10 days,
much earlier than in 2018 through 2021. The
[[Page 13775]]
use of RFDs in 2022 from June through November paced the landings as
much as possible and extended the fishing opportunities for the June
through November time periods. The current proposal to extend RFDs into
December of 2023 and January through March of 2024 should similarly
increase fishing opportunities throughout all time periods.
Table 1--General Category Closure Dates by Time Period (2018-2022)
----------------------------------------------------------------------------------------------------------------
Time period
---------------------------------------------------------------------------------------------------
Year January through October through
March June through August September November December
----------------------------------------------------------------------------------------------------------------
2018........ Mar 2............... Aug 31.............. Sept 23............. Closed Oct 5; Dec 31.
Reopened Oct
31 through Nov
2; Reopened
Nov 12 through
Nov 26.
2019........ Feb 28.............. Aug 8............... Sept 13............. Oct 13......... Dec 31.
2020........ Feb 24.............. Aug 31.............. Sept 27............. Closed Oct 9; Dec 14.
Reopened Oct
28-29;
Reopened Nov 7-
8.
2021........ Feb 27.............. Aug 4............... Sept 23............. Nov 30......... Closed Dec 14;
Reopened Dec
20-23.
2022........ Feb 11.............. Aug 10.............. Sept 19............. Oct 24......... Dec 10.
----------------------------------------------------------------------------------------------------------------
Table 2 shows the average ex-vessel price per pound of BFT during
each General category time period for 2018 through 2022 adjusted to
real 2022 dollars using the Gross Domestic Product (GDP) deflator. Ex-
vessel price per pound was lower for the September time period, with an
average (2018 through 2022) of $6.65, and varied over the summer and
fall period, with averages of $6.97 for the June through August time
period and $7.03 for the October through November time period. In 2022,
the average price per pound was higher for the January through March
time period compared to the average price per pound during the time
periods in 2021. In most time periods, the 2022 average price per pound
was also higher than the 2020 average price per pound. NMFS believes
that this increase in average price was in part due to the use of RFDs
in 2022.
Table 2--Average Ex-Vessel Price per Pound ($) of BFT by General Category Time Period (2018-2022) Adjusted to
Real 2022 Dollars *
----------------------------------------------------------------------------------------------------------------
Time period
-------------------------------------------------------------------------------
Year October
January June through September through December
through March August November
----------------------------------------------------------------------------------------------------------------
2018............................ $8.72 $8.05 $7.59 $8.75 $11.03
2019............................ 6.97 6.41 7.25 6.28 13.91
2020............................ 6.93 5.56 5.86 6.27 6.44
2021 **......................... 6.87 7.53 6.53 7.78 8.97
2022 **......................... 8.76 7.30 6.02 6.09 7.19
2018 through 2022 average....... 7.65 6.97 6.65 7.03 9.51
----------------------------------------------------------------------------------------------------------------
* Adjusted using the Gross Domestic Product (GDP) Deflator.
** The October through November and December numbers do not use the 4th quarter GDP Deflator because it is not
yet currently available.
Table 3 shows the number and total weight of BFT that were landed
but not sold by fishermen fishing under the General category quota for
2018 through 2022. The number and weight of unsold BFT increased from
2018 through 2022 with a peak in 2020 (143 BFT and 25.8 mt) in part due
to the COVID-19 pandemic, and substantial decrease in 2021 (from 143 to
12 BFT and 25.8 mt to 2.0 mt), followed by an increase in 2022 (48 BFT
and 9.1 mt). NMFS believes this increase is in part due to an influx of
domestically caught BFT entering the market at one time resulting in
dealers limiting their purchases of BFT leading to General category
participants. This situation resulted in unprecedented high landings
days in several time periods and BFT fishermen having a difficult time
finding buyers for landed BFT.
Table 3--Number (Count) and Weight (mt) of BFT Landed but Unsold by
General Category Participants by Year (2018-2022)
------------------------------------------------------------------------
Weight
Year Count (mt)
------------------------------------------------------------------------
2018.............................................. 14 2.6
2019.............................................. 20 3.8
2020.............................................. 143 25.8
2021.............................................. 12 2.0
2022.............................................. 48 9.1
---------------------
Total........................................... 237 43.3
------------------------------------------------------------------------
NMFS is proposing to establish a schedule of RFDs for parts of the
2023 and 2024 fishing years that would specify days on which fishing
and sales will not occur. Specifically, for the 3 time periods from
June through November, the proposed schedule allows for 2-consecutive
2-day periods each week for BFT product to move through the market
while also allowing some commercial fishing activity to occur each
weekend (i.e., Sundays). For the December and January through March
time periods, the proposed schedule would allow for extended fishing
opportunity while pacing the BFT landings over a span of time. Because
this schedule of RFDs would apply to all participants equally, NMFS
anticipates that this schedule would
[[Page 13776]]
extend fishing opportunities through a greater proportion of the time
periods in which they apply by spreading fishing effort out over time
similar to the 2022 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 time period subquotas could increase similar to
that of 2022. 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 small businesses. Using RFDs may more equitably distribute
fishing opportunities across all permitted vessels for longer durations
within each General category time period.
If NMFS does not implement a schedule, without any other changes,
it is possible that the General category could have fewer open days
later in the fishing season when ex-vessel prices tend to be higher
(Table 1) as observed in 2018 through 2022. Additionally, without RFDs
the trends of increasing numbers of unsold BFT (Table 3) and decreasing
ex-vessel prices (Table 2) from 2018 through 2020 could continue. If
those trends were to continue, all active General category permit
holders could experience negative economic impacts similar to 2019,
2020, and 2022 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 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-04316 Filed 3-3-23; 8:45 am]
BILLING CODE 3510-22-P
