Atlantic Highly Migratory Species; Adjustments to the 2024 North Atlantic Albacore Tuna, North and South Atlantic Swordfish, and Atlantic Bluefin Tuna Reserve Category Quotas, 77029-77033 [2024-21507]
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Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Rules and Regulations
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[FR Doc. 2024–21466 Filed 9–19–24; 8:45 am]
BILLING CODE 6712–01–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 240916–0238]
RIN 0648–BN13
Atlantic Highly Migratory Species;
Adjustments to the 2024 North Atlantic
Albacore Tuna, North and South
Atlantic Swordfish, and Atlantic
Bluefin Tuna Reserve Category Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; temporary quota
adjustment.
AGENCY:
NMFS modifies the baseline
annual U.S. North Atlantic albacore
tuna (northern albacore) quota, effective
until changed, in accordance with the
baseline quota adjustment process.
NMFS also adjusts the 2024 baseline
quotas for U.S. North Atlantic albacore
tuna (northern albacore), North and
South Atlantic swordfish, and the
Atlantic bluefin tuna Reserve category
based on the 2023 underharvest and
applicable international quota transfer.
These temporary adjustments are
effective through December 31, 2024.
Full annual baseline allocations will be
available to U.S. harvesters starting
January 1, 2025. These actions are
necessary to implement
recommendations of the International
Commission for the Conservation of
Atlantic Tunas (ICCAT) as required by
the Atlantic Tunas Convention Act
(ATCA), and to achieve domestic
management objectives under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: The final rule is effective
September 20, 2024. The temporary
quota adjustments are effective
September 20, 2024, through December
31, 2024.
ADDRESSES: Supporting documents,
including environmental assessments
and environmental impact statements,
as well as the 2006 Consolidated
Atlantic HMS Fishery Management Plan
(FMP) and its amendments, may be
downloaded from the Highly Migratory
Species (HMS) website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. These
documents also are available upon
request from Anna Quintrell or Steve
Durkee at the email addresses and
telephone numbers below.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Anna Quintrell (301–427–8503,
anna.quintrell@noaa.gov) or Steve
Durkee (301–427–8503, steve.durkee@
noaa.gov).
SUPPLEMENTARY INFORMATION: Atlantic
HMS northern albacore, swordfish, and
bluefin tuna fisheries, are managed
under the authority of ATCA (16 U.S.C.
971 et seq.) and the Magnuson-Stevens
Act (16 U.S.C. 1801 et seq.). The HMS
FMP and its amendments are
implemented by regulations at 50 CFR
part 635. Section 635.27(a) implements
the ICCAT-recommended quota and
describes the annual quota adjustment
process for bluefin tuna. Section
635.27(c) implements the ICCATrecommended quotas and describes the
quota adjustment process for both North
and South Atlantic swordfish. Section
635.27(e) implements the northern
albacore annual quota recommended by
ICCAT and describes the annual
northern albacore quota adjustment
process. NMFS is required under the
Magnuson-Stevens Act to provide U.S.
fishing vessels with a reasonable
opportunity to harvest quotas under
relevant international fishery
agreements such as the International
Convention for the Conservation of
Atlantic Tunas, which is implemented
domestically pursuant to ATCA.
Note that, consistent with how the
quotas are established, weight
information for northern albacore and
bluefin tuna below is shown in metric
tons (mt) whole weight (ww), and
weight information for swordfish is
shown in both dressed weight (dw) and
ww.
Northern Albacore Annual Quota and
Adjustment Process
As described below, in accordance
with the recent ICCAT Recommendation
23–05, this final rule sets the U.S.
allocation and annual baseline quota for
northern albacore at 889.4 mt NOAA
conducted the analysis supporting this
rule and described the findings in the
Environmental Assessment (EA). This
final rule further adjusts that baseline
quota to 1,067.3 mt for 2024 based on
an underharvest of the 2023 adjusted
quota.
At its 2021 annual meeting, under
Recommendation 21–04, ICCAT
adopted a management procedure for
northern albacore. The management
procedure was domestically
implemented via a 2022 final rule (87
FR 33049, June 1, 2022). At that time,
NMFS considered different quota
alternatives in an environmental
assessment (EA). NOAA analyzed the
effects of the maximum possible quota
pursuant to the northern albacore
management procedure in the EA, and
the preferred alternative was selected
based on that analysis. In other words,
NOAA analyzed and preferred an
alternative in the EA where the
maximum annual baseline quota could
be up to 950 mt if adopted by ICCAT
through application of the management
procedure within Recommendation 21–
04. Additionally, the 2022 final rule that
NMFS would implement any new
annual baseline quotas through final
rulemaking, assuming no new
management measures are adopted or
other relevant changes in circumstances
occur; that NMFS annually would
provide notice to the public in the
Federal Register of the baseline
northern albacore quota with any
annual adjustments as allowable for
over- and underharvest, as appropriate;
and that NMFS would evaluate the need
for any additional environmental
analyses or for proposed and final
rulemaking when a new quota is
adopted by ICCAT and then
implemented by NMFS. Because the U.S
northern albacore allocation under
Recommendation 23–05 is within the
range analyzed in the 2022 EA, and
because there are no new management
measures other than the change in the
baseline quota, this action is consistent
with the 2022 final rule. Therefore,
NMFS is proceeding directly to a final
rule to implement this change in annual
baseline quota.
Consistent with the northern albacore
quota regulations at § 635.27(e), in this
final rule and temporary quota
adjustment, NMFS adjusts the U.S.
annual northern albacore quota for
allowable underharvest in the previous
year. NMFS makes such adjustments
consistent with ICCAT carryover limits,
and when complete catch information
for the prior year is available and
finalized. The maximum underharvest
that an ICCAT Contracting Party may
carry forward from one year to the next
is 25 percent of its baseline quota,
which, for the 2023 baseline quota
(711.5 mt), was 177.9 mt for the United
States. For 2023, the adjusted quota was
889.4 mt (711.5 mt plus 177.9 mt of
2022 underharvest). In 2023, U.S.
landings of northern albacore were
180.5 mt, which is an underharvest of
708.9 mt of the 2023 adjusted quota.
This underharvest exceeds the 177.9-mt
underharvest carryover limit allowed
under Recommendation 21–04, which
applied for 2023; therefore, only 177.9
mt may be carried forward to the 2024
fishing year. Thus, the adjusted 2024
northern albacore quota will be 1,067.3
mt (889.4 mt plus 177.9 mt
underharvest) (table 1).
TABLE 1—2024 NORTHERN ALBACORE QUOTA
Northern albacore quota
(mt ww)
2023
Baseline Quota ........................................................................................................................................................
Underharvest from Previous Year ...........................................................................................................................
Underharvest Carryover from Previous Year † .......................................................................................................
Adjusted Quota (Baseline + Underharvest) .............................................................................................................
711.5
578.8
(+)177.9
889.4
2024
889.4
708.9
(+)177.9
1,067.3
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† Allowable underharvest carryover is capped at 25 percent of the 2023 baseline quota allocation (177.9 mt ww).
North and South Atlantic Swordfish
Annual Quota and Adjustment Process
North Atlantic Swordfish
Consistent with the North Atlantic
swordfish quota regulations at
§ 635.27(c), in this final rule, NMFS
adjusts the U.S. annual North Atlantic
swordfish quota for allowable
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underharvest in the previous year.
NMFS makes such adjustments
consistent with ICCAT carryover limits
and when complete catch information
for the prior year is available and
finalized. Consistent with ICCAT
Recommendation 17–02 as amended by
Recommendation 23–04, the U.S. North
Atlantic swordfish baseline annual
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quota through 2024 is 2,937.6 mt dw
(3,907 mt ww).
Relevant to the North Atlantic
swordfish quota adjustment in this
action, and as codified at § 635.27(c)(3),
the maximum underharvest that the
United States may carry forward from
one year to the next is 15 percent of the
baseline quota, which equates to 440.6
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mt dw (586 mt ww). For 2023, the
adjusted North Atlantic swordfish quota
was 3,378.2 mt dw (2,937.6 mt dw
baseline quota plus 440.6 mt dw of 2022
underharvest). In 2023, U.S. landings of
North Atlantic swordfish, which
includes landings and dead discards,
was 1,008.3 mt dw, which is an
underharvest of 2,369.9 mt dw of the
2023 adjusted quota. This underharvest
exceeds the 440.6-mt dw underharvest
carryover limit allowed under
Recommendation 23–04; therefore, only
440.6 mt dw may be carried forward to
the 2024 fishing year.
Additionally, in accordance with
ICCAT Recommendation 23–04, the
United States will transfer 150.4 mt dw
(200 mt ww) of its North Atlantic
swordfish quota to Morocco, which
serves to facilitate cooperative
management efforts between ICCAT
contracting parties. Morocco agreed to
adhere to ICCAT management measures,
reporting requirements, and monitoring
of the transferred quota.
Thus, the adjusted 2024 North
Atlantic swordfish quota will be 3,227.8
mt dw (2,937.6 mt dw baseline quota,
plus 440.6 mt dw carryover, minus
150.4 mt dw transfer to Morocco). In
accordance with regulations at
§ 635.27(c)(1)(i), 50 mt dw of the
adjusted quota will be allocated to the
Reserve category for inseason
adjustments and research, 300 mt dw of
the adjusted quota will be allocated to
the incidental category, which covers
recreational landings and landings by
incidental swordfish permit holders,
and the remainder of the adjusted quota
(2,877.8 mt dw) will be allocated to the
directed category, which will be split
equally between two seasons in 2024
(January through June, and July through
December) (table 2).
South Atlantic Swordfish
Consistent with the South Atlantic
swordfish quota regulations at
§ 635.27(c), NMFS adjusts the U.S.
annual South Atlantic swordfish quota
for allowable underharvest, if any, in
the previous year. NMFS makes such
adjustments, if needed, consistent with
ICCAT carryover limits and when
77031
complete catch information for the prior
year is available and finalized.
Consistent with ICCAT
Recommendation 17–03 as amended by
Recommendation 22–04, the U.S. South
Atlantic swordfish baseline annual
quota through 2026 is 75.2 mt dw (100
mt ww), and the amount of
underharvest that the United States can
carry forward from one year to the next
is 75.2 mt dw (100 mt ww) (table 2). In
2023 there were no landings of South
Atlantic swordfish by U.S. fishermen,
which is an underharvest of 75.2 mt dw
of the 2023 adjusted quota. Of that
underharvest, 75.2 mt dw may be
carried forward to the 2024 fishing year.
Under Recommendations 17–03 and 22–
04, the United States continues to
transfer a total of 75.2 mt dw (100 mt
ww) to other countries. These transfers
are 37.6 mt dw (50 mt ww) to Namibia,
18.8 mt dw (25 mt ww) to Côte d’Ivoire,
and 18.8 mt dw (25 mt ww) to Belize.
Thus, the adjusted 2024 South Atlantic
swordfish quota will be 75.2 mt dw.
TABLE 2—2024 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS
North Atlantic swordfish quota
(mt dw)
2023
Baseline Quota ........................................................................................................................................................
International Quota Transfers * ................................................................................................................................
Underharvest from Previous Year ...........................................................................................................................
Underharvest Carryover from Previous Year † .......................................................................................................
Adjusted Quota (Baseline + Carryover + Transfer) ................................................................................................
Quota Allocation:
Directed Category .............................................................................................................................................
Incidental Category ...........................................................................................................................................
Reserve Category .............................................................................................................................................
South Atlantic swordfish quota
(mt dw)
2,937.6
N/A
2,371.3
(+)440.6
3,378.2
2,937.6
(¥)150.4
2,369.9
(+)440.6
3,227.8
3,028.2
300
50
2,877.8
300
50
2023
Baseline Quota ........................................................................................................................................................
International Quota Transfers ** ..............................................................................................................................
Underharvest from Previous Year ...........................................................................................................................
Underharvest Carryover from Previous Year † .......................................................................................................
Adjusted quota (Baseline + Transfers + Carryover) ...............................................................................................
2024
75.2
(¥)75.2
75.2
75.2
75.2
2024
75.2
(¥)75.2
75.2
75.2
75.2
* Under ICCAT Recommendation 23–04, the United States transferred 150.4 mt dw (200 mt ww) to Morocco.
† Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation (440.6 mt dw) for the North Atlantic and 75.2 dw
(100 mt ww) for the South Atlantic.
** Under ICCAT Recommendations 17–03 and 22–04, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw,
50 mt ww), Côte d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).
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Bluefin Tuna Annual Quota and
Adjustment Process
Consistent with the regulations
regarding annual bluefin tuna quota
adjustment at § 635.27(a), in this final
rule, NMFS announces the addition of
available underharvest in the bluefin
tuna Reserve category. Specifically, the
adjusted 2024 Reserve category quota is
now 161.5 mt.
In 2022, NMFS implemented relevant
provisions of an ICCAT western Atlantic
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bluefin tuna recommendation
(Recommendation 21–07) in a final rule
(87 FR 33049, June 1, 2022). That
rulemaking implemented the annual
U.S. baseline quota of 1,316.1 mt, plus
an additional 25 mt to account for
bycatch related to pelagic longline
fisheries in the Northeast Distant gear
restricted area (NED), for a total quota of
1,341.1 mt. At the 2022 annual meeting,
a management procedure was
implemented for bluefin tuna
(Recommendation 22–09). This
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management procedure set the western
Atlantic bluefin tuna TAC for 2023
through 2025 at the same level as 2021
(Recommendation 22–10). As such, the
total annual U.S. bluefin tuna quota for
2024 remains 1,341.1 mt (see
§ 635.27(a)). Consistent with
Recommendation 22–10, the maximum
underharvest that the United States can
carry forward from one year to the next
is 10 percent of its total annual quota,
which equates to 134.1 mt.
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limit (134.1 mt). As such, the United
States is carrying forward the allowable
134.1 mt underharvest to 2024. Per
§ 635.27(a) this underharvest augments
the Reserve category quota. The 2024
Reserve category quota of 38.2 mt was
In 2023, the adjusted U.S. quota was
1,447.7 mt, and the U.S. catch,
including landings and dead discards,
totaled 1,311.3 mt. Thus, the 2023
underharvest was 136.4 mt, which
exceeds the underharvest carryover
recently adjusted to 27.4 mt (89 FR
58074, July 17, 2024). Thus, the
adjusted 2024 Reserve category quota is
now, through this action, 161.5 mt (27.4
mt plus 134.1 mt underharvest) (table
3).
TABLE 3—2024 BLUEFIN TUNA QUOTA
Bluefin tuna quota
(mt ww)
2023
Baseline Quota ........................................................................................................................................................
Total Quota (Baseline Quota + Bycatch Allocation) * ..............................................................................................
Underharvest from Previous Year ...........................................................................................................................
Underharvest Carryover from Previous Year † .......................................................................................................
Adjusted Quota (Total quota + Carryover) ..............................................................................................................
Baseline Reserve Category Quota ..........................................................................................................................
Adjusted Reserve Category Quota (Reserve quota + Carryover) ..........................................................................
1,316.1
1,341.1
106.5
(+)106.5
1,447.7
‡ 38.2
133.9
2024
1,316.1
1,341.1
136.4
(+)134.1
1,475.2
** 38.2
161.5
Values in this table are subject to rounding error.
* The United States is allocated an additional 25 mt to account for bycatch related to pelagic longline fisheries in the Northeast Distant gear restricted area (NED).
† Allowable underharvest carryover is capped at 10 percent of the total annual quota (134.1 mt ww).
‡ The 2023 baseline Reserve category quota of 38.2 mt was adjusted to 27.4 mt (88 FR 48136, July 26, 2023).
** The 2024 baseline Reserve category quota of 38.2 mt was adjusted to 27.4 mt (89 FR 58074, July 17, 2024).
ddrumheller on DSK120RN23PROD with RULES1
Classification
NMFS is issuing this rule pursuant to
305(d) of the Magnuson-Stevens Act (16
U.S.C. 1855(d)) and regulations at 50
CFR part 635. This final rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Assistant Administrator for
NMFS (AA) has determined that this
final rule is consistent with the 2006
Consolidated HMS FMP and its
amendments, ATCA, and other
applicable law.
The AA finds that pursuant to 5
U.S.C. 553(b)(B), it is unnecessary to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons. The
rulemaking processes for amendment 13
to the 2006 Consolidated HMS FMP (87
FR 59966, October 3, 2022), the 2022
Atlantic bluefin tuna and northern
albacore quota rule (87 FR 33049, June
1, 2022), and the 2016 North and South
Atlantic Swordfish Quota Adjustment
Rule (81 FR 48719, July 26, 2016)
specifically provided prior notice of,
and accepted public comment on, the
formulaic quota adjustment processes
for the northern albacore, Atlantic
bluefin tuna, and swordfish fisheries
and the manner in which they occur.
The June 1, 2022, final rule also
anticipated that NMFS would
implement U.S. northern albacore
quotas as recommended by ICCAT in
accordance with the management
procedure, up to the analyzed maximum
baseline quota of 950 mt. The baseline
quota would remain at 711.5 mt
annually until changed by ICCAT.
NMFS anticipated implementing any
new baseline quotas through final
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rulemaking, assuming no new
management measures are adopted or
other relevant changes in circumstances
occur. Additionally, consistent with
current practice, NMFS annually would
provide notice to the public in the
Federal Register of the baseline
northern albacore quota with any
annual adjustments as allowable for
over- and underharvest, as appropriate.
NMFS would evaluate the need for any
additional environmental analyses or for
proposed and final rulemaking when a
new quota is adopted by ICCAT and
implemented by NMFS. These processes
have not changed, and the application
of these formulas to the relevant quotas
in this temporary final rule is a routine
action that does not have discretionary
aspects requiring additional agency
consideration. Additionally, similar
actions to adjust the quotas based on the
previous year’s underharvest occur
annually, and the regulated community
expects such adjustments in 2024. For
all of these reasons, it is unnecessary to
provide prior notice and an additional
opportunity for public comment on this
action.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
the date of effectiveness and to make the
rule effective upon the date of
publication in the Federal Register. As
described above, this rule is a routine
action that applies existing quota
adjustment formulas, and that the
regulated community anticipates
annually and does not need time to
prepare for. The 2024 fisheries for
northern albacore, North and South
Atlantic swordfish, and bluefin tuna
opened on January 1, 2024. NMFS
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monitors northern albacore, North and
South Atlantic swordfish, and bluefin
tuna annual catch and uses the previous
year’s catch data to calculate the legally
allowable quotas for the current year.
However, these adjustments to the 2024
quotas could not occur earlier in the
year because the final 2023 landings
data—which first must collected,
compiled, and submitted in accordance
with ICCAT reporting requirements—
were not available until late July. Given
that these fisheries are currently open
and permit-holders are actively fishing,
delaying the effective date of this rule’s
quota adjustments could lead to
premature closure of one or more
affected fisheries if the unadjusted quota
limit is reached within the next 30 days.
Such an event would negatively affect
the regulated fisheries’ reasonable
opportunity to catch the available
quotas, contrary to Magnuson-Stevens
Act requirements and overall purpose of
sound conservation and management of
fisheries—including highly migratory
species—in a manner that achieves
optimum yield. Furthermore, delaying
the effective date of this rule would
delay the application of North and
South Atlantic swordfish quota transfers
pursuant to ICCAT obligations for U.S.
quota limits, contrary to requirements
under ATCA. It would also delay
NMFS’ ability to transfer quota
inseason, as needed, from the bluefin
Reserve category to other fishing
categories to ensure fishing
opportunities and avoid premature
fishery closures. As with the quota
adjustments, such a delay would be
contrary to the Magnuson-Stevens Act
requirement to allow U.S. vessels
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reasonable opportunity to harvest highly
migratory species allocations and quotas
under relevant international fishery
agreements such as the International
Convention for the Conservation of
Atlantic Tunas.
This action does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
635 as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
■
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
2. In § 635.27, revise paragraph (e)(1)
to read as follows:
■
Quotas.
*
*
*
*
(e) * * *
(1) Annual quota. Consistent with
ICCAT recommendations, the ICCAT
northern albacore management
procedure, and domestic management
objectives, the baseline annual quota,
before any adjustments, is 889.4 mt. The
total quota, after any adjustments made
per paragraph (e)(2) of this section, is
the fishing year’s total amount of
northern albacore tuna that may be
landed by persons and vessels subject to
U.S. jurisdiction.
*
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES1
[FR Doc. 2024–21507 Filed 9–19–24; 8:45 am]
BILLING CODE 3510–22–P
15:52 Sep 19, 2024
50 CFR Part 660
[Docket No. 240327–0090; RTID 0648–
XE271]
Pacific Halibut Fisheries of the West
Coast; 2024 Catch Sharing Plan;
Inseason Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
AGENCY:
NMFS announces inseason
action for the Pacific halibut
recreational fishery in the International
Pacific Halibut Commission’s (IPHC)
regulatory Area 2A off Washington,
Oregon, and California. Specifically,
this action transfers 12,000 pounds (lb;
5.4 metric tons (mt)) of the Area 2A
Pacific halibut recreational allocation,
in net pounds, from the Oregon
recreational fishery to the Washington
recreational fishery. This action is
intended to provide opportunity for
anglers to achieve the total Area 2A
recreational fishery allocation.
DATES:
Effective: September 20, 2024,
through December 31, 2024.
Comments due date: Comments will
be accepted on or before October 7,
2024.
Submit your comments,
identified by NOAA–NMFS–2024–0014,
by either of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2024–0014 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Jennifer Quan, Regional Administrator,
c/o Melissa Mandrup, West Coast
Region, NMFS, 501 W Ocean Blvd.,
Long Beach, CA 90802.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record
and NMFS will post them for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
ADDRESSES:
*
VerDate Sep<11>2014
National Oceanic and Atmospheric
Administration
SUMMARY:
Dated: September 16, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 635.27
DEPARTMENT OF COMMERCE
Jkt 262001
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
77033
otherwise sensitive information
submitted voluntarily by the sender is
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Docket: This rule is accessible via the
internet at the Office of the Federal
Register website at https://
www.federalregister.gov/. Background
information and documents are
available at the NOAA Fisheries website
at https://www.fisheries.noaa.gov/
action/2024-pacific-halibutrecreational-fishery and at the Pacific
Fishery Management Council’s website
at https://www.pcouncil.org. Other
comments received may be accessed
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Melissa Mandrup, phone: 562–980–
3231 or email: melissa.mandrup@
noaa.gov.
SUPPLEMENTARY INFORMATION: On April
3, 2024, NMFS published a final rule
approving changes to the Pacific halibut
Area 2A Catch Sharing Plan (CSP) and
implementing recreational (sport)
management measures for the 2024 Area
2A recreational fisheries (89 FR 22966),
as authorized by the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773–
773(k)). The Pacific Fishery
Management Council’s (Council) 2024
CSP provides a recommended
framework for NMFS’ annual
management measures and subarea
allocations based on the 2024 Area 2A
Pacific halibut catch limit also known as
the fishery constant exploitation yield
(FCEY) of 1.47 million lb (666.8 mt) set
by the IPHC. The Area 2A catch limit
and recreational fishery allocations were
adopted by the IPHC and were
published in the Federal Register on
March 18, 2024 (89 FR 19275), after
acceptance by the Secretary of State,
with concurrence from the Secretary of
Commerce, in accordance with 50 CFR
300.62. The final rule published on
April 3, 2024 (89 FR 22966), established
50 CFR 300.63(c)(6)(i)(F), which allows
NMFS to transfer portions of state
recreation allocations inseason to
another state under certain
circumstances (e.g., if a state is
projected to not utilize its respective
recreational allocation by the end of the
fishing season and another state could
utilize additional pounds to avoid
closing a fishing season early).
NMFS has determined that, due to
lower than expected landings through
September 5, 2024, and projected
catches for the remainder of the season
off Oregon (October 31), Oregon is
projected to not utilize its full
recreational allocation by the end of the
E:\FR\FM\20SER1.SGM
20SER1
]]>Agencies
[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Rules and Regulations]
[Pages 77029-77033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21507]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 240916-0238]
RIN 0648-BN13
Atlantic Highly Migratory Species; Adjustments to the 2024 North
Atlantic Albacore Tuna, North and South Atlantic Swordfish, and
Atlantic Bluefin Tuna Reserve Category Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; temporary quota adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS modifies the baseline annual U.S. North Atlantic albacore
tuna (northern albacore) quota, effective until changed, in accordance
with the baseline quota adjustment process. NMFS also adjusts the 2024
baseline quotas for U.S. North Atlantic albacore tuna (northern
albacore), North and South Atlantic swordfish, and the Atlantic bluefin
tuna Reserve category based on the 2023 underharvest and applicable
international quota transfer. These temporary adjustments are effective
through December 31, 2024. Full annual baseline allocations will be
available to U.S. harvesters starting January 1, 2025. These actions
are necessary to implement recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT) as required
by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic
management objectives under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
DATES: The final rule is effective September 20, 2024. The temporary
quota adjustments are effective September 20, 2024, through December
31, 2024.
ADDRESSES: Supporting documents, including environmental assessments
and environmental impact statements, as well as the 2006 Consolidated
Atlantic HMS Fishery Management Plan (FMP) and its amendments, may be
downloaded from the Highly Migratory Species (HMS) website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species. These
documents also are available upon request from Anna Quintrell or Steve
Durkee at the email addresses and telephone numbers below.
[[Page 77030]]
FOR FURTHER INFORMATION CONTACT: Anna Quintrell (301-427-8503,
[email protected]) or Steve Durkee (301-427-8503,
[email protected]).
SUPPLEMENTARY INFORMATION: Atlantic HMS northern albacore, swordfish,
and bluefin tuna fisheries, are managed under the authority of ATCA (16
U.S.C. 971 et seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.). The HMS FMP and its amendments are implemented by regulations at
50 CFR part 635. Section 635.27(a) implements the ICCAT-recommended
quota and describes the annual quota adjustment process for bluefin
tuna. Section 635.27(c) implements the ICCAT-recommended quotas and
describes the quota adjustment process for both North and South
Atlantic swordfish. Section 635.27(e) implements the northern albacore
annual quota recommended by ICCAT and describes the annual northern
albacore quota adjustment process. NMFS is required under the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable
opportunity to harvest quotas under relevant international fishery
agreements such as the International Convention for the Conservation of
Atlantic Tunas, which is implemented domestically pursuant to ATCA.
Note that, consistent with how the quotas are established, weight
information for northern albacore and bluefin tuna below is shown in
metric tons (mt) whole weight (ww), and weight information for
swordfish is shown in both dressed weight (dw) and ww.
Northern Albacore Annual Quota and Adjustment Process
As described below, in accordance with the recent ICCAT
Recommendation 23-05, this final rule sets the U.S. allocation and
annual baseline quota for northern albacore at 889.4 mt NOAA conducted
the analysis supporting this rule and described the findings in the
Environmental Assessment (EA). This final rule further adjusts that
baseline quota to 1,067.3 mt for 2024 based on an underharvest of the
2023 adjusted quota.
At its 2021 annual meeting, under Recommendation 21-04, ICCAT
adopted a management procedure for northern albacore. The management
procedure was domestically implemented via a 2022 final rule (87 FR
33049, June 1, 2022). At that time, NMFS considered different quota
alternatives in an environmental assessment (EA). NOAA analyzed the
effects of the maximum possible quota pursuant to the northern albacore
management procedure in the EA, and the preferred alternative was
selected based on that analysis. In other words, NOAA analyzed and
preferred an alternative in the EA where the maximum annual baseline
quota could be up to 950 mt if adopted by ICCAT through application of
the management procedure within Recommendation 21-04. Additionally, the
2022 final rule that NMFS would implement any new annual baseline
quotas through final rulemaking, assuming no new management measures
are adopted or other relevant changes in circumstances occur; that NMFS
annually would provide notice to the public in the Federal Register of
the baseline northern albacore quota with any annual adjustments as
allowable for over- and underharvest, as appropriate; and that NMFS
would evaluate the need for any additional environmental analyses or
for proposed and final rulemaking when a new quota is adopted by ICCAT
and then implemented by NMFS. Because the U.S northern albacore
allocation under Recommendation 23-05 is within the range analyzed in
the 2022 EA, and because there are no new management measures other
than the change in the baseline quota, this action is consistent with
the 2022 final rule. Therefore, NMFS is proceeding directly to a final
rule to implement this change in annual baseline quota.
Consistent with the northern albacore quota regulations at Sec.
635.27(e), in this final rule and temporary quota adjustment, NMFS
adjusts the U.S. annual northern albacore quota for allowable
underharvest in the previous year. NMFS makes such adjustments
consistent with ICCAT carryover limits, and when complete catch
information for the prior year is available and finalized. The maximum
underharvest that an ICCAT Contracting Party may carry forward from one
year to the next is 25 percent of its baseline quota, which, for the
2023 baseline quota (711.5 mt), was 177.9 mt for the United States. For
2023, the adjusted quota was 889.4 mt (711.5 mt plus 177.9 mt of 2022
underharvest). In 2023, U.S. landings of northern albacore were 180.5
mt, which is an underharvest of 708.9 mt of the 2023 adjusted quota.
This underharvest exceeds the 177.9-mt underharvest carryover limit
allowed under Recommendation 21-04, which applied for 2023; therefore,
only 177.9 mt may be carried forward to the 2024 fishing year. Thus,
the adjusted 2024 northern albacore quota will be 1,067.3 mt (889.4 mt
plus 177.9 mt underharvest) (table 1).
Table 1--2024 Northern Albacore Quota
------------------------------------------------------------------------
Northern albacore quota (mt ww) 2023 2024
------------------------------------------------------------------------
Baseline Quota.......................... 711.5 889.4
Underharvest from Previous Year......... 578.8 708.9
Underharvest Carryover from Previous (+)177.9 (+)177.9
Year [dagger]..........................
Adjusted Quota (Baseline + Underharvest) 889.4 1,067.3
------------------------------------------------------------------------
[dagger] Allowable underharvest carryover is capped at 25 percent of the
2023 baseline quota allocation (177.9 mt ww).
North and South Atlantic Swordfish Annual Quota and Adjustment Process
North Atlantic Swordfish
Consistent with the North Atlantic swordfish quota regulations at
Sec. 635.27(c), in this final rule, NMFS adjusts the U.S. annual North
Atlantic swordfish quota for allowable underharvest in the previous
year. NMFS makes such adjustments consistent with ICCAT carryover
limits and when complete catch information for the prior year is
available and finalized. Consistent with ICCAT Recommendation 17-02 as
amended by Recommendation 23-04, the U.S. North Atlantic swordfish
baseline annual quota through 2024 is 2,937.6 mt dw (3,907 mt ww).
Relevant to the North Atlantic swordfish quota adjustment in this
action, and as codified at Sec. 635.27(c)(3), the maximum underharvest
that the United States may carry forward from one year to the next is
15 percent of the baseline quota, which equates to 440.6
[[Page 77031]]
mt dw (586 mt ww). For 2023, the adjusted North Atlantic swordfish
quota was 3,378.2 mt dw (2,937.6 mt dw baseline quota plus 440.6 mt dw
of 2022 underharvest). In 2023, U.S. landings of North Atlantic
swordfish, which includes landings and dead discards, was 1,008.3 mt
dw, which is an underharvest of 2,369.9 mt dw of the 2023 adjusted
quota. This underharvest exceeds the 440.6-mt dw underharvest carryover
limit allowed under Recommendation 23-04; therefore, only 440.6 mt dw
may be carried forward to the 2024 fishing year.
Additionally, in accordance with ICCAT Recommendation 23-04, the
United States will transfer 150.4 mt dw (200 mt ww) of its North
Atlantic swordfish quota to Morocco, which serves to facilitate
cooperative management efforts between ICCAT contracting parties.
Morocco agreed to adhere to ICCAT management measures, reporting
requirements, and monitoring of the transferred quota.
Thus, the adjusted 2024 North Atlantic swordfish quota will be
3,227.8 mt dw (2,937.6 mt dw baseline quota, plus 440.6 mt dw
carryover, minus 150.4 mt dw transfer to Morocco). In accordance with
regulations at Sec. 635.27(c)(1)(i), 50 mt dw of the adjusted quota
will be allocated to the Reserve category for inseason adjustments and
research, 300 mt dw of the adjusted quota will be allocated to the
incidental category, which covers recreational landings and landings by
incidental swordfish permit holders, and the remainder of the adjusted
quota (2,877.8 mt dw) will be allocated to the directed category, which
will be split equally between two seasons in 2024 (January through
June, and July through December) (table 2).
South Atlantic Swordfish
Consistent with the South Atlantic swordfish quota regulations at
Sec. 635.27(c), NMFS adjusts the U.S. annual South Atlantic swordfish
quota for allowable underharvest, if any, in the previous year. NMFS
makes such adjustments, if needed, consistent with ICCAT carryover
limits and when complete catch information for the prior year is
available and finalized. Consistent with ICCAT Recommendation 17-03 as
amended by Recommendation 22-04, the U.S. South Atlantic swordfish
baseline annual quota through 2026 is 75.2 mt dw (100 mt ww), and the
amount of underharvest that the United States can carry forward from
one year to the next is 75.2 mt dw (100 mt ww) (table 2). In 2023 there
were no landings of South Atlantic swordfish by U.S. fishermen, which
is an underharvest of 75.2 mt dw of the 2023 adjusted quota. Of that
underharvest, 75.2 mt dw may be carried forward to the 2024 fishing
year. Under Recommendations 17-03 and 22-04, the United States
continues to transfer a total of 75.2 mt dw (100 mt ww) to other
countries. These transfers are 37.6 mt dw (50 mt ww) to Namibia, 18.8
mt dw (25 mt ww) to C[ocirc]te d'Ivoire, and 18.8 mt dw (25 mt ww) to
Belize. Thus, the adjusted 2024 South Atlantic swordfish quota will be
75.2 mt dw.
Table 2--2024 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
North Atlantic swordfish quota (mt dw) 2023 2024
------------------------------------------------------------------------
Baseline Quota.......................... 2,937.6 2,937.6
International Quota Transfers *......... N/A (-)150.4
Underharvest from Previous Year......... 2,371.3 2,369.9
Underharvest Carryover from Previous (+)440.6 (+)440.6
Year [dagger]..........................
Adjusted Quota (Baseline + Carryover + 3,378.2 3,227.8
Transfer)..............................
Quota Allocation:
Directed Category................... 3,028.2 2,877.8
Incidental Category................. 300 300
Reserve Category.................... 50 50
------------------------------------------------------------------------
South Atlantic swordfish quota 2023 2024
(mt dw)
------------------------------------------------------------------------
Baseline Quota.......................... 75.2 75.2
International Quota Transfers **........ (-)75.2 (-)75.2
Underharvest from Previous Year......... 75.2 75.2
Underharvest Carryover from Previous 75.2 75.2
Year [dagger]..........................
Adjusted quota (Baseline + Transfers + 75.2 75.2
Carryover).............................
------------------------------------------------------------------------
* Under ICCAT Recommendation 23-04, the United States transferred 150.4
mt dw (200 mt ww) to Morocco.
[dagger] Allowable underharvest carryover is capped at 15 percent of the
baseline quota allocation (440.6 mt dw) for the North Atlantic and
75.2 dw (100 mt ww) for the South Atlantic.
** Under ICCAT Recommendations 17-03 and 22-04, the United States
transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50
mt ww), C[ocirc]te d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8
mt dw, 25 mt ww).
Bluefin Tuna Annual Quota and Adjustment Process
Consistent with the regulations regarding annual bluefin tuna quota
adjustment at Sec. 635.27(a), in this final rule, NMFS announces the
addition of available underharvest in the bluefin tuna Reserve
category. Specifically, the adjusted 2024 Reserve category quota is now
161.5 mt.
In 2022, NMFS implemented relevant provisions of an ICCAT western
Atlantic bluefin tuna recommendation (Recommendation 21-07) in a final
rule (87 FR 33049, June 1, 2022). That rulemaking implemented the
annual U.S. baseline quota of 1,316.1 mt, plus an additional 25 mt to
account for bycatch related to pelagic longline fisheries in the
Northeast Distant gear restricted area (NED), for a total quota of
1,341.1 mt. At the 2022 annual meeting, a management procedure was
implemented for bluefin tuna (Recommendation 22-09). This management
procedure set the western Atlantic bluefin tuna TAC for 2023 through
2025 at the same level as 2021 (Recommendation 22-10). As such, the
total annual U.S. bluefin tuna quota for 2024 remains 1,341.1 mt (see
Sec. 635.27(a)). Consistent with Recommendation 22-10, the maximum
underharvest that the United States can carry forward from one year to
the next is 10 percent of its total annual quota, which equates to
134.1 mt.
[[Page 77032]]
In 2023, the adjusted U.S. quota was 1,447.7 mt, and the U.S.
catch, including landings and dead discards, totaled 1,311.3 mt. Thus,
the 2023 underharvest was 136.4 mt, which exceeds the underharvest
carryover limit (134.1 mt). As such, the United States is carrying
forward the allowable 134.1 mt underharvest to 2024. Per Sec.
635.27(a) this underharvest augments the Reserve category quota. The
2024 Reserve category quota of 38.2 mt was recently adjusted to 27.4 mt
(89 FR 58074, July 17, 2024). Thus, the adjusted 2024 Reserve category
quota is now, through this action, 161.5 mt (27.4 mt plus 134.1 mt
underharvest) (table 3).
Table 3--2024 Bluefin Tuna Quota
------------------------------------------------------------------------
Bluefin tuna quota (mt ww) 2023 2024
------------------------------------------------------------------------
Baseline Quota.......................... 1,316.1 1,316.1
Total Quota (Baseline Quota + Bycatch 1,341.1 1,341.1
Allocation) *..........................
Underharvest from Previous Year......... 106.5 136.4
Underharvest Carryover from Previous (+)106.5 (+)134.1
Year [dagger]..........................
Adjusted Quota (Total quota + Carryover) 1,447.7 1,475.2
Baseline Reserve Category Quota......... [Dagger] 38.2 ** 38.2
Adjusted Reserve Category Quota (Reserve 133.9 161.5
quota + Carryover).....................
------------------------------------------------------------------------
Values in this table are subject to rounding error.
* The United States is allocated an additional 25 mt to account for
bycatch related to pelagic longline fisheries in the Northeast Distant
gear restricted area (NED).
[dagger] Allowable underharvest carryover is capped at 10 percent of the
total annual quota (134.1 mt ww).
[Dagger] The 2023 baseline Reserve category quota of 38.2 mt was
adjusted to 27.4 mt (88 FR 48136, July 26, 2023).
** The 2024 baseline Reserve category quota of 38.2 mt was adjusted to
27.4 mt (89 FR 58074, July 17, 2024).
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635.
This final rule has been determined to be not significant for purposes
of Executive Order 12866.
The Assistant Administrator for NMFS (AA) has determined that this
final rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, ATCA, and other applicable law.
The AA finds that pursuant to 5 U.S.C. 553(b)(B), it is unnecessary
to provide prior notice of, and an opportunity for public comment on,
this action for the following reasons. The rulemaking processes for
amendment 13 to the 2006 Consolidated HMS FMP (87 FR 59966, October 3,
2022), the 2022 Atlantic bluefin tuna and northern albacore quota rule
(87 FR 33049, June 1, 2022), and the 2016 North and South Atlantic
Swordfish Quota Adjustment Rule (81 FR 48719, July 26, 2016)
specifically provided prior notice of, and accepted public comment on,
the formulaic quota adjustment processes for the northern albacore,
Atlantic bluefin tuna, and swordfish fisheries and the manner in which
they occur. The June 1, 2022, final rule also anticipated that NMFS
would implement U.S. northern albacore quotas as recommended by ICCAT
in accordance with the management procedure, up to the analyzed maximum
baseline quota of 950 mt. The baseline quota would remain at 711.5 mt
annually until changed by ICCAT. NMFS anticipated implementing any new
baseline quotas through final rulemaking, assuming no new management
measures are adopted or other relevant changes in circumstances occur.
Additionally, consistent with current practice, NMFS annually would
provide notice to the public in the Federal Register of the baseline
northern albacore quota with any annual adjustments as allowable for
over- and underharvest, as appropriate. NMFS would evaluate the need
for any additional environmental analyses or for proposed and final
rulemaking when a new quota is adopted by ICCAT and implemented by
NMFS. These processes have not changed, and the application of these
formulas to the relevant quotas in this temporary final rule is a
routine action that does not have discretionary aspects requiring
additional agency consideration. Additionally, similar actions to
adjust the quotas based on the previous year's underharvest occur
annually, and the regulated community expects such adjustments in 2024.
For all of these reasons, it is unnecessary to provide prior notice and
an additional opportunity for public comment on this action.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the date of effectiveness and to make the rule effective upon
the date of publication in the Federal Register. As described above,
this rule is a routine action that applies existing quota adjustment
formulas, and that the regulated community anticipates annually and
does not need time to prepare for. The 2024 fisheries for northern
albacore, North and South Atlantic swordfish, and bluefin tuna opened
on January 1, 2024. NMFS monitors northern albacore, North and South
Atlantic swordfish, and bluefin tuna annual catch and uses the previous
year's catch data to calculate the legally allowable quotas for the
current year. However, these adjustments to the 2024 quotas could not
occur earlier in the year because the final 2023 landings data--which
first must collected, compiled, and submitted in accordance with ICCAT
reporting requirements--were not available until late July. Given that
these fisheries are currently open and permit-holders are actively
fishing, delaying the effective date of this rule's quota adjustments
could lead to premature closure of one or more affected fisheries if
the unadjusted quota limit is reached within the next 30 days. Such an
event would negatively affect the regulated fisheries' reasonable
opportunity to catch the available quotas, contrary to Magnuson-Stevens
Act requirements and overall purpose of sound conservation and
management of fisheries--including highly migratory species--in a
manner that achieves optimum yield. Furthermore, delaying the effective
date of this rule would delay the application of North and South
Atlantic swordfish quota transfers pursuant to ICCAT obligations for
U.S. quota limits, contrary to requirements under ATCA. It would also
delay NMFS' ability to transfer quota inseason, as needed, from the
bluefin Reserve category to other fishing categories to ensure fishing
opportunities and avoid premature fishery closures. As with the quota
adjustments, such a delay would be contrary to the Magnuson-Stevens Act
requirement to allow U.S. vessels
[[Page 77033]]
reasonable opportunity to harvest highly migratory species allocations
and quotas under relevant international fishery agreements such as the
International Convention for the Conservation of Atlantic Tunas.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: September 16, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
635 as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.27, revise paragraph (e)(1) to read as follows:
Sec. 635.27 Quotas.
* * * * *
(e) * * *
(1) Annual quota. Consistent with ICCAT recommendations, the ICCAT
northern albacore management procedure, and domestic management
objectives, the baseline annual quota, before any adjustments, is 889.4
mt. The total quota, after any adjustments made per paragraph (e)(2) of
this section, is the fishing year's total amount of northern albacore
tuna that may be landed by persons and vessels subject to U.S.
jurisdiction.
* * * * *
[FR Doc. 2024-21507 Filed 9-19-24; 8:45 am]
BILLING CODE 3510-22-P
