Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Harpoon Category Quota Transfer, 58074-58076 [2024-15745]

Download as PDF 58074 Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Rules and Regulations merely correct typographical errors, align the final rules in Appendix A of the 17 GHz Report and Order as released by the Commission with the text of the final rules as published in the Federal Register, or conform the 17 GHz Report and Order as released by the Commission with the publishing conventions of the Federal Register. Consequently, the Space Bureau and Managing Director found notice and comment procedures are unnecessary for this action as the actions in the 17 GHz Correction Order constitute routine ‘‘clean-up’’ matters that entail no substantive decisions of any consequence or significance to industry or the general public. Finally, the Commission recently updated ICFS—which was formerly named the International Bureau Filing System, see 88 FR 21424—which resulted in modifications to the Form 312, including Schedules A, B, and S, and Form 312–R. Applicants will be required to submit Form 312 (including Schedules A, B, and S) and Form 312– R through the updated, integrated webbased program. The updated version of Form 312 (including Schedules A, B, and S) and Form 312–R will include several minor changes to the information collection designed to provide clarity to applicants and Commission staff, reduce errors, and make overall improvements to the applicants’ experience in completing the forms, including adding several questions designed to better convey the overall information being requested in the form. List of Subjects in 47 CFR Part 25 Administrative practice and procedure, Earth stations, Satellites. Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 25 as follows: PART 25—SATELLITE COMMUNICATIONS 1. The authority citation for part 25 continues to read as follows: ddrumheller on DSK120RN23PROD with RULES1 ■ Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted. §§ 25.140 and 25.264 [Amended] 2. Amend §§ 25.140(a)(3)(iii)(B) and 25.264(a)(6) by removing ‘‘17.3–18.8 GHz’’ and adding, in its place, ‘‘17.3– 17.8 GHz.’’ ■ VerDate Sep<11>2014 16:06 Jul 16, 2024 Jkt 262001 3. In § 25.264 amend paragraphs (b)(2)(ii), (b)(3), and (e) introductory text by removing ‘‘¥117 dBW/m2/100 kHz’’ and adding, in their place, ‘‘¥117 dBW/ m2/100 kHz’’ in each instance where it appears. ■ [FR Doc. 2024–15465 Filed 7–16–24; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 220919–0193] RTID 0648–XE051 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Harpoon Category Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. AGENCY: NMFS is transferring 10.8 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Harpoon category. With this transfer, the adjusted Harpoon category quota for the 2024 fishing season is 70 mt. The 2024 Harpoon category fishery is open until November 15, 2024, or until the Harpoon category quota is reached, whichever comes first. This action is intended to provide further harvest opportunities for Harpoon category fishermen, based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic Tunas Harpoon category (commercial) permitted vessels. DATES: Effective July 15, 2024, through November 15, 2024. FOR FURTHER INFORMATION CONTACT: Becky Curtis, becky.curtis@noaa.gov, 301–427–8503, Larry Redd, Jr., larry.redd@noaa.gov, 301–427–8503, and Ann Williamson, ann.williamson@ noaa.gov, 301–427–8503. SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the 2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing regulations are at 50 CFR part 635. SUMMARY: PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Section 635.27(a) divides the U.S. BFT quota, established by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and as implemented by the United States among the various domestic fishing categories, per the allocations established in the 2006 Consolidated HMS FMP and its amendments. NMFS is required under the Magnuson-Stevens Act at 16 U.S.C. 1854(g)(1)(D) to provide U.S. fishing vessels with a reasonable opportunity to harvest quotas under relevant international fishery agreements such as the ICCAT Convention, which is implemented domestically pursuant to ATCA. Transfer From the Reserve Category to the Harpoon Category As described in § 635.27(a), the baseline quotas for the Harpoon and Reserve categories are 59.2 mt and 38.2 mt, respectively. The 2024 Harpoon category fishery opened June 1, and is open through November 15, 2024, or until the Harpoon category quota is reached, whichever comes first. Effective June 1, 2024, NMFS adjusted the daily retention limit for the Harpoon category from the default of no more than 10 large medium and giant BFT to no more than 5 large medium or giant BFT (89 FR 45779). In this action, NMFS is transferring 10.8 mt from the Reserve category to the Harpoon category. This transfer results in 70 mt (59.2 mt + 10.8 mt = 70 mt) being available for the Harpoon category through November 15, 2024, or until the Harpoon category quota is reached, whichever comes first. This transfer also results in 27.4 mt (38.2 mt¥10.8 mt = 27.4 mt) being available in the Reserve category through the remainder of the 2024 fishing year. Under § 635.27(a)(8), NMFS has the authority to transfer quota among fishing categories or subcategories after considering the determination criteria provided under § 635.27(a)(7). NMFS has considered all of the relevant determination criteria and their applicability to this inseason quota transfer. These criteria include, but are not limited to, the following: Regarding the usefulness of information obtained from catches in the particular category for biological sampling and monitoring of the status of the stock (§ 635.27(a)(7)(i)), biological samples collected from BFT landed by Harpoon category fishermen and provided by BFT dealers continue to provide NMFS with valuable parts and data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. Additional opportunity to land BFT in the Harpoon E:\FR\FM\17JYR1.SGM 17JYR1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Rules and Regulations category would support the continued collection of a broad range of data for these studies and for stock monitoring purposes. NMFS considered the catches of the Harpoon category quota to date and the likelihood of closure of the Harpoon category if no adjustment is made (§ 635.27(a)(7)(ii)), as well as daily landing trends and the availability of BFT on fishing grounds (§ 635.27(a)(7)(ix)). To date, preliminary landings data indicate that the Harpoon category has landed approximately 42.4 mt. Without a quota transfer at this time, NMFS would likely need to close the Harpoon category fishery and participants would have to stop BFT fishing activities despite commercialsized BFT remaining available in the areas where Harpoon category permitted vessels operate. A quota transfer of 10.8 mt would provide limited additional opportunities to harvest the U.S. BFT quota while avoiding exceeding it. Regarding the projected ability of the vessels fishing under the Harpoon category to harvest the additional amount of BFT quota transferred before the end of the fishing year (§ 635.27(a)(7)(iii)), NMFS considered Harpoon category landings over the last several years and landings to date this year. Landings are highly variable and depend on access to commercial-sized BFT and fishing conditions, among other factors. Nevertheless, NMFS anticipates that the Harpoon category could harvest the transferred 10.8 mt prior to the end of the Harpoon category season, subject to weather conditions and BFT availability. NMFS may transfer unused Harpoon category quota to other quota categories, inseason, based on consideration of the determination criteria, as NMFS did in late 2022 (87 FR 73504, November 30, 2022). Thus, this quota transfer would allow Harpoon category fishermen to take advantage of the availability of BFT on the fishing grounds and provide a reasonable opportunity to harvest the available U.S. BFT quota. NMFS also considered the estimated amounts by which quotas for other gear categories of the fishery might be exceeded (§ 635.27(a)(7)(iv)) and the ability to account for all 2024 landings and dead discards (§ 635.27(a)(7)(xi)). In the last several years, total U.S. BFT landings have been below the available U.S. quota such that the United States has carried forward the maximum amount of underharvest allowed by ICCAT from one year to the next. NMFS anticipates having sufficient quota to account for landings and dead discards within the adjusted U.S. quota, VerDate Sep<11>2014 16:06 Jul 16, 2024 Jkt 262001 consistent with ICCAT recommendations. NMFS also considered the effects of the adjustment on BFT rebuilding and overfishing, and the effects of the transfer on accomplishing the objectives of the FMP (§ 635.27(a)(7)(v) and (vi)). This transfer would be consistent with established quotas and subquotas, which are implemented consistent with ICCAT recommendations (established in Recommendation 22–10), ATCA, and the objectives of the 2006 Consolidated HMS FMP and amendments. In establishing these quotas and subquotas and associated management measures, ICCAT and NMFS considered the best scientific information available, objectives for stock management and status such as rebuilding and avoiding overfishing, and effects on the stock. This quota transfer is in line with the established management measures and stock status determinations. It is also important that NMFS limit landings to the quota both to adhere to the FMP quota allocations and to ensure that landings are as consistent as possible with the pattern of fishing mortality (e.g., fish caught at each age) that was assumed in the latest stock assessment, and this quota transfer is consistent with those objectives. Another principal consideration is the objective of providing opportunities to harvest the available Harpoon category quota without exceeding the annual quota. This consideration is based on the objectives of the 2006 Consolidated HMS FMP and its amendments, including achieving optimum yield on a continuing basis and allowing all permit categories a reasonable opportunity to harvest available BFT quota allocations (related to § 635.27(a)(7)(x)). Monitoring and Reporting NMFS will continue to monitor the BFT fishery closely. Per § 635.5(b)(2)(i)(A), dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS’ ability to timely implement actions such as quota and retention limit adjustments, as well as closures, and may result in enforcement actions. Additionally, and separate from the dealer reporting requirement, Harpoon category vessel owners are required per § 635.5(a)(4) to report their own catch of all BFT retained or discarded dead within 24 hours of the landing(s) or end of each trip, by accessing https:// hmspermits.noaa.gov or by using the HMS Catch Reporting app, or calling (888) 872–8862 (Monday through Friday from 8 a.m. until 4:30 p.m.). PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 58075 Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustments are necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may access https:// www.hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act (16 U.S.C. 1885(d)) and regulations at 50 CFR part 635 and this action is exempt from review under Executive Order 12866. The Assistant Administrator for NMFS (AA) finds that pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and opportunity to provide comment on this action, as notice and comment would be impracticable and contrary to the public interest for the following reasons. Specifically, the regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason adjustments and quota transfers to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Providing prior notice and opportunity for public comment on this quota transfer to the Harpoon category for the remainder of 2024 is impracticable and contrary to the public interest as the Harpoon category fishery is currently underway. Based on Harpoon category catch rates, a delay in this action would likely result in closure of the Harpoon fishery when the baseline quota is met, with attendant administrative costs and costs to the fishery. NMFS could not have proposed this action earlier, as it needed to consider updated landings data in deciding whether to transfer a portion of the Reserve category quota to the Harpoon category quota. A delay in implementing this quota transfer would preclude the fishery from harvesting BFT that are currently available on the fishing grounds and that might otherwise become unavailable during a delay. This action does not raise conservation and management concerns and would support effective management of the BFT fishery. Transferring quota from the Reserve category to the Harpoon category does not affect the overall ICCAT-allocated U.S. BFT quota, and available data show E:\FR\FM\17JYR1.SGM 17JYR1 58076 Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Rules and Regulations [Docket No. 240711–0189] catch limits for the skate fishery, while providing additional operational flexibility to fishery participants. DATES: Effective on July 17, 2024. ADDRESSES: The Council prepared an environmental assessment (EA) for Northeast Skate Complex Framework Adjustment 12 that describes the action and other considered alternatives. The EA provides an analysis of the biological, economic, and social impacts of the preferred measures and other considered alternatives; a Regulatory Impact Review; and an economic analysis. Copies of Framework 12, including the EA and other supporting documents are available upon request from Dr. Cate O’Keefe, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950 and accessible via the internet in documents available at: https://www.nefmc.org/library/skateframework-12. FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Policy Analyst, (978) 281–9184. SUPPLEMENTARY INFORMATION: RIN 0648–BM96 Background the adjustment would have a minimal risk of exceeding the overall quota. NMFS notes that the public had an opportunity to comment on the underlying rulemakings that established the U.S. BFT quota and the inseason adjustment criteria. For all of the above reasons, the AA finds that pursuant to 5 U.S.C. 553(d), there is good cause to waive the 30-day delay in effective date. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: July 12, 2024. Lindsay Fullenkamp, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–15745 Filed 7–15–24; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 12 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: This action implements approved measures for Framework Adjustment 12 to the Northeast Skate Complex Fishery Management Plan (Northeast Skate Complex FMP), which was developed by the New England Fishery Management Council (Council). This action specifies skate catch limits for fishing years 2024 and 2025, increases seasonal trip limits for the wing fishery, removes possession restrictions for barndoor skate in the wing fishery, and removes possession restrictions for smooth skate in both the wing and bait fisheries. This action is necessary to establish skate specifications consistent with the most recent scientific information. The intent of this action is to establish appropriate ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:06 Jul 16, 2024 Jkt 262001 The Council manages a complex of seven skate species (i.e., barndoor, clearnose, little, rosette, smooth, thorny, and winter) off the New England and mid-Atlantic coasts through the Northeast Skate Complex FMP. Skates are harvested and managed through two different targeted fisheries: (1) food (i.e., the wing fishery); and (2) bait in other fisheries (i.e., the bait fishery). The Northeast Skate Complex FMP requires that annual catch and possession limits for the skate fishery be reviewed annually and specified through the specifications process for up to two fishing years at a time, with the second year subject to review and change during the specifications process. The specifications for fishing year 2023 (revised March 17, 2022, 87 FR 15146) have remained in effect through a rollover provision in the regulations but are now superseded through the implementation of this final rule. In the fall of 2023, the Northeast Skate Complex FMP underwent a level-3 management track assessment that reestimated commercial fishery catch data, updated survey biomass indices, added recreational catch to total catch, and updated reference points. The assessment also included projections of PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 total fishery catch of skates for 2024 and 2025. The Council took final action on this framework at its December 2023 meeting in Newport, RI. NMFS published a proposed rule for this action (89 FR 45621, May 23, 2024) that discussed the proposed measures in detail and included proposed implementing regulations deemed necessary by the Council. Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Skate Fishery Management Plan regulations, NMFS may approve, disapprove, or partially approve measures that the Council proposes, based on consistency with the Magnuson-Stevens Act and other applicable law. NMFS is partially approving Framework 12 and disapproving the Council’s recommendation to remove barndoor skate possession restrictions for the bait skate fishery due to new discard information that needs further evaluation and consideration. Additional background information regarding the development of these specifications was provided in the proposed rule and is not repeated here. Approved Measures Framework 12 sets management measures and specifications for the skate fishery for the 2024 fishing year and projected specifications for the 2025 fishing year. The measures in this action decrease the annual catch limit to 32,155 metric tons (mt) (from 37,236 mt in 2023) and the overall total allowable landings to 15,718 mt (from 21,142 mt in 2023). Table 1 summarizes the 2024– 2025 specifications. Specifications for fishing year 2025 are projected to be the same as those for 2024. Framework 12 specifications result in a 26-percent decrease in both the bait and wing fisheries’ total allowable landings. Although quotas are decreasing, they remain higher than landings in the bait and wing fisheries for at least the last three years; therefore, NMFS does not expect the quotas to be restrictive to the fishery or to result in reductions in overall revenue. The Council will review the projected 2025 specifications to determine if any changes need to be made prior to the 2025 fishing year. NMFS will publish a notice prior to the 2025 fishing year to confirm these limits as projected or publish a proposed rule for any necessary changes. E:\FR\FM\17JYR1.SGM 17JYR1

Agencies

[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Rules and Regulations]
[Pages 58074-58076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15745]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193]
RTID 0648-XE051


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Harpoon Category Quota Transfer

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; quota transfer.

-----------------------------------------------------------------------

SUMMARY: NMFS is transferring 10.8 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the Harpoon category. 
With this transfer, the adjusted Harpoon category quota for the 2024 
fishing season is 70 mt. The 2024 Harpoon category fishery is open 
until November 15, 2024, or until the Harpoon category quota is 
reached, whichever comes first. This action is intended to provide 
further harvest opportunities for Harpoon category fishermen, based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments and applies to Atlantic Tunas Harpoon category 
(commercial) permitted vessels.

DATES: Effective July 15, 2024, through November 15, 2024.

FOR FURTHER INFORMATION CONTACT: Becky Curtis, [email protected], 
301-427-8503, Larry Redd, Jr., [email protected], 301-427-8503, and 
Ann Williamson, [email protected], 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the 
2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments, 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with 
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS 
implementing regulations are at 50 CFR part 635. Section 635.27(a) 
divides the U.S. BFT quota, established by the International Commission 
for the Conservation of Atlantic Tunas (ICCAT) and as implemented by 
the United States among the various domestic fishing categories, per 
the allocations established in the 2006 Consolidated HMS FMP and its 
amendments. NMFS is required under the Magnuson-Stevens Act at 16 
U.S.C. 1854(g)(1)(D) to provide U.S. fishing vessels with a reasonable 
opportunity to harvest quotas under relevant international fishery 
agreements such as the ICCAT Convention, which is implemented 
domestically pursuant to ATCA.

Transfer From the Reserve Category to the Harpoon Category

    As described in Sec.  635.27(a), the baseline quotas for the 
Harpoon and Reserve categories are 59.2 mt and 38.2 mt, respectively. 
The 2024 Harpoon category fishery opened June 1, and is open through 
November 15, 2024, or until the Harpoon category quota is reached, 
whichever comes first. Effective June 1, 2024, NMFS adjusted the daily 
retention limit for the Harpoon category from the default of no more 
than 10 large medium and giant BFT to no more than 5 large medium or 
giant BFT (89 FR 45779). In this action, NMFS is transferring 10.8 mt 
from the Reserve category to the Harpoon category. This transfer 
results in 70 mt (59.2 mt + 10.8 mt = 70 mt) being available for the 
Harpoon category through November 15, 2024, or until the Harpoon 
category quota is reached, whichever comes first. This transfer also 
results in 27.4 mt (38.2 mt-10.8 mt = 27.4 mt) being available in the 
Reserve category through the remainder of the 2024 fishing year.
    Under Sec.  635.27(a)(8), NMFS has the authority to transfer quota 
among fishing categories or subcategories after considering the 
determination criteria provided under Sec.  635.27(a)(7). NMFS has 
considered all of the relevant determination criteria and their 
applicability to this inseason quota transfer. These criteria include, 
but are not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(7)(i)), biological samples 
collected from BFT landed by Harpoon category fishermen and provided by 
BFT dealers continue to provide NMFS with valuable parts and data for 
ongoing scientific studies of BFT age and growth, migration, and 
reproductive status. Additional opportunity to land BFT in the Harpoon

[[Page 58075]]

category would support the continued collection of a broad range of 
data for these studies and for stock monitoring purposes.
    NMFS considered the catches of the Harpoon category quota to date 
and the likelihood of closure of the Harpoon category if no adjustment 
is made (Sec.  635.27(a)(7)(ii)), as well as daily landing trends and 
the availability of BFT on fishing grounds (Sec.  635.27(a)(7)(ix)). To 
date, preliminary landings data indicate that the Harpoon category has 
landed approximately 42.4 mt. Without a quota transfer at this time, 
NMFS would likely need to close the Harpoon category fishery and 
participants would have to stop BFT fishing activities despite 
commercial-sized BFT remaining available in the areas where Harpoon 
category permitted vessels operate. A quota transfer of 10.8 mt would 
provide limited additional opportunities to harvest the U.S. BFT quota 
while avoiding exceeding it.
    Regarding the projected ability of the vessels fishing under the 
Harpoon category to harvest the additional amount of BFT quota 
transferred before the end of the fishing year (Sec.  
635.27(a)(7)(iii)), NMFS considered Harpoon category landings over the 
last several years and landings to date this year. Landings are highly 
variable and depend on access to commercial-sized BFT and fishing 
conditions, among other factors. Nevertheless, NMFS anticipates that 
the Harpoon category could harvest the transferred 10.8 mt prior to the 
end of the Harpoon category season, subject to weather conditions and 
BFT availability. NMFS may transfer unused Harpoon category quota to 
other quota categories, inseason, based on consideration of the 
determination criteria, as NMFS did in late 2022 (87 FR 73504, November 
30, 2022). Thus, this quota transfer would allow Harpoon category 
fishermen to take advantage of the availability of BFT on the fishing 
grounds and provide a reasonable opportunity to harvest the available 
U.S. BFT quota.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the fishery might be exceeded (Sec.  
635.27(a)(7)(iv)) and the ability to account for all 2024 landings and 
dead discards (Sec.  635.27(a)(7)(xi)). In the last several years, 
total U.S. BFT landings have been below the available U.S. quota such 
that the United States has carried forward the maximum amount of 
underharvest allowed by ICCAT from one year to the next. NMFS 
anticipates having sufficient quota to account for landings and dead 
discards within the adjusted U.S. quota, consistent with ICCAT 
recommendations.
    NMFS also considered the effects of the adjustment on BFT 
rebuilding and overfishing, and the effects of the transfer on 
accomplishing the objectives of the FMP (Sec.  635.27(a)(7)(v) and 
(vi)). This transfer would be consistent with established quotas and 
subquotas, which are implemented consistent with ICCAT recommendations 
(established in Recommendation 22-10), ATCA, and the objectives of the 
2006 Consolidated HMS FMP and amendments. In establishing these quotas 
and subquotas and associated management measures, ICCAT and NMFS 
considered the best scientific information available, objectives for 
stock management and status such as rebuilding and avoiding 
overfishing, and effects on the stock. This quota transfer is in line 
with the established management measures and stock status 
determinations. It is also important that NMFS limit landings to the 
quota both to adhere to the FMP quota allocations and to ensure that 
landings are as consistent as possible with the pattern of fishing 
mortality (e.g., fish caught at each age) that was assumed in the 
latest stock assessment, and this quota transfer is consistent with 
those objectives. Another principal consideration is the objective of 
providing opportunities to harvest the available Harpoon category quota 
without exceeding the annual quota. This consideration is based on the 
objectives of the 2006 Consolidated HMS FMP and its amendments, 
including achieving optimum yield on a continuing basis and allowing 
all permit categories a reasonable opportunity to harvest available BFT 
quota allocations (related to Sec.  635.27(a)(7)(x)).

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Per Sec.  
635.5(b)(2)(i)(A), dealers are required to submit landing reports 
within 24 hours of a dealer receiving BFT. Late reporting by dealers 
compromises NMFS' ability to timely implement actions such as quota and 
retention limit adjustments, as well as closures, and may result in 
enforcement actions. Additionally, and separate from the dealer 
reporting requirement, Harpoon category vessel owners are required per 
Sec.  635.5(a)(4) to report their own catch of all BFT retained or 
discarded dead within 24 hours of the landing(s) or end of each trip, 
by accessing https://hmspermits.noaa.gov or by using the HMS Catch 
Reporting app, or calling (888) 872-8862 (Monday through Friday from 8 
a.m. until 4:30 p.m.).
    Depending on the level of fishing effort and catch rates of BFT, 
NMFS may determine that additional adjustments are necessary to ensure 
available quota is not exceeded or to enhance scientific data 
collection from, and fishing opportunities in, all geographic areas. If 
needed, subsequent adjustments will be published in the Federal 
Register. In addition, fishermen may access https://www.hmspermits.noaa.gov, for updates on quota monitoring and inseason 
adjustments.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act (16 U.S.C. 1885(d)) and regulations at 50 CFR part 635 and 
this action is exempt from review under Executive Order 12866.
    The Assistant Administrator for NMFS (AA) finds that pursuant to 5 
U.S.C. 553(b)(B), there is good cause to waive prior notice and 
opportunity to provide comment on this action, as notice and comment 
would be impracticable and contrary to the public interest for the 
following reasons. Specifically, the regulations implementing the 2006 
Consolidated HMS FMP and amendments provide for inseason adjustments 
and quota transfers to respond to the unpredictable nature of BFT 
availability on the fishing grounds, the migratory nature of this 
species, and the regional variations in the BFT fishery. Providing 
prior notice and opportunity for public comment on this quota transfer 
to the Harpoon category for the remainder of 2024 is impracticable and 
contrary to the public interest as the Harpoon category fishery is 
currently underway. Based on Harpoon category catch rates, a delay in 
this action would likely result in closure of the Harpoon fishery when 
the baseline quota is met, with attendant administrative costs and 
costs to the fishery. NMFS could not have proposed this action earlier, 
as it needed to consider updated landings data in deciding whether to 
transfer a portion of the Reserve category quota to the Harpoon 
category quota. A delay in implementing this quota transfer would 
preclude the fishery from harvesting BFT that are currently available 
on the fishing grounds and that might otherwise become unavailable 
during a delay. This action does not raise conservation and management 
concerns and would support effective management of the BFT fishery. 
Transferring quota from the Reserve category to the Harpoon category 
does not affect the overall ICCAT-allocated U.S. BFT quota, and 
available data show

[[Page 58076]]

the adjustment would have a minimal risk of exceeding the overall 
quota. NMFS notes that the public had an opportunity to comment on the 
underlying rulemakings that established the U.S. BFT quota and the 
inseason adjustment criteria.
    For all of the above reasons, the AA finds that pursuant to 5 
U.S.C. 553(d), there is good cause to waive the 30-day delay in 
effective date.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: July 12, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-15745 Filed 7-15-24; 4:15 pm]
BILLING CODE 3510-22-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.