Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category January Through March Quota Transfer, 2638-2640 [2025-00625]
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2638
Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations
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Jkt 265001
50 CFR Part 635
[Docket No. 220919–0193; RTID 0648–
XE544]
1. The authority citation for part 1149
continues to read as follows:
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
General Category January Through
March Quota Transfer
■
Authority: 5 U.S.C. App. 8G(a)(2); 20
U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C.
3801–3812.
§ 1149.9
[Amended]
2. Amend § 1149.9(a)(1) by removing
‘‘$13,945’’ and adding in its place
‘‘$14,307’’.
■
PART 1158—NEW RESTRICTIONS ON
LOBBYING
3. The authority citation for part 1158
continues to read as follows:
■
Authority: 20 U.S.C. 959; 28 U.S.C. 2461;
31 U.S.C. 1352.
§ 1158.400
[Amended].
4. Amend § 1158.400(a), (b), and (e)
by:
■ a. Removing ‘‘$24,483’’ and adding in
its place ‘‘$25,119’’ each place it
appears.
■ b. Removing ‘‘$244,958’’ and adding
in its place ‘‘$251,322’’ each place it
appears.
■
Appendix A to Part 1158 [Amended]
5. Amend appendix A to part 1158 by:
a. Removing ‘‘$24,483’’ and adding in
its place ‘‘$25,119’’ each place it
appears.
■ b. Removing ‘‘$244,958’’ and adding
in its place ‘‘$251,322’’ each place it
appears.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 20.5
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the General category
December 2025 subquota to the January
through March 2025 subquota period.
The adjusted General category January
through March 2025 subquota is 58.2
mt. This action is intended to provide
further harvest opportunities for General
category fishermen, based on
consideration of the regulatory
determination criteria regarding
inseason adjustments and applies to
Atlantic Tunas General category
(commercial) permitted vessels and
Atlantic Highly Migratory Species
(HMS) Charter/Headboat permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
DATES: The quota transfer is effective
January 8, 2025, through March 31,
2025.
SUMMARY:
■
FOR FURTHER INFORMATION CONTACT:
■
Anna Quintrell (anna.quintrell@
noaa.gov) or Larry Redd, Jr. (larry.redd@
noaa.gov) by email or by phone at 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.). ATCA is the implementing
statute for binding recommendations of
the International Commission for the
Conservation of Atlantic Tunas. 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
Dated: January 6, 2025
RaShaunda Thomas,
Deputy Director, Office of Administrative
Services & Contracts, National Endowment
for the Arts.
[FR Doc. 2025–00401 Filed 1–10–25; 8:45 am]
BILLING CODE 7537–01–P
Administrative practice and
procedure, Government contracts, Grant
18:15 Jan 09, 2025
National Oceanic and Atmospheric
Administration
PART 1149—PROGRAM FRAUD CIVIL
REMEDIES ACT REGULATIONS
List of Subjects in 45 CFR Parts 1149
and 1158
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DEPARTMENT OF COMMERCE
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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
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.
As described in § 635.27(a), the
current baseline U.S. BFT quota is
1,316.14 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. The General category
baseline quota is suballocated to
different time periods. Relevant to this
action, the baseline subquotas for the
January through March time period and
for the December time period are 37.7
mt and 37.0 mt, respectively.
Transfer From the December 2025
Subquota to the January Through
March 2025 Subquota
Under § 635.27(a)(1)(ii), NMFS has
the authority to transfer subquota from
one time period to another time period
through inseason action after
considering determination criteria
provided under § 635.27(a)(7). This
section focuses on the calculations
involved in transferring quota available
from the 2025 General category
December time period subquota to the
2025 General category January through
March time period subquota; the
consideration of the determination
criteria can be found below after this
section.
As stated above, the baseline
subquotas for the January through
March time period and for the December
time period are 37.7 mt and 37.0 mt,
respectively. Transferring 20.5 mt from
the General category December time
period to the General category January
through March time period, results in an
adjusted January through March time
period subquota of 58.2 mt (37.7 mt +
20.5 mt = 58.2 mt), and an adjusted
December time period subquota of 16.5
mt (37.0 mt¥20.5 mt = 16.5 mt). The
General category quota is available for
use by Atlantic Tunas General category
(commercial) permitted vessels and
HMS Charter/Headboat permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
In summary, this transfer results in an
adjusted January through March 2025
time period subquota of 58.2 mt and an
VerDate Sep<11>2014
18:15 Jan 09, 2025
Jkt 265001
adjusted December 2025 subquota of
16.5 mt. The General category fishery
will remain open until March 31, 2025,
or until the adjusted January through
March 2025 time period subquota is
reached, whichever comes first.
Consideration of the Relevant
Determination Criteria
NMFS has considered all of the
relevant determination criteria and their
applicability to this inseason quota
transfer (§ 635.27(a)(7)). 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
General 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 General
category during the January–March time
period would support the continued
collection of a broad range of data for
these studies and for stock monitoring
purposes.
NMFS also considered the catches of
the General category catches in the
December and January through March
time periods over the last several years
and the likelihood of closure of the
January through March segment of the
fishery if no adjustment is made
(§ 635.27(a)(7)(ii) and (ix)), as well as
daily landing trends and the availability
of BFT on fishing grounds
(§ 635.27(a)(7)(ix)). Without a quota
transfer at this time, based on recent
catch rates in comparison to the current
available quota (37.7 mt), NMFS would
likely need to close the General category
fishery shortly. Once the fishery is
closed, participants would have to stop
BFT fishing activities until the next time
period begins in June, even though
commercial-sized BFT remain available
in the areas where General category
permitted vessels operate. A quota
transfer at this time provides limited
additional opportunities to harvest the
U.S. BFT quota while avoiding
exceeding the current time period’s
subquota.
Regarding the projected ability of the
vessels fishing under the General
category to harvest the additional
amount of BFT quota transferred before
the end of the fishing year
(§ 635.27(a)(7)(iii)), NMFS considered
General category landings over the last
several years and landings to date this
year. Landings are highly variable and
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2639
depend on access to commercial-sized
BFT and fishing conditions, among
other factors. NMFS may adjust each
time period’s subquota based on
overharvest or underharvest in the prior
time period and may transfer subquota
from one time period to another time
period. By allowing for the current
quota transfer, NMFS anticipates that
the General category quota would be
used before the end of the fishing year.
Thus, this quota transfer would allow
General 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 2025 landings
and dead discards (§ 635.27(a)(7)(xi)). In
the last several years, the total U.S. BFT
landings have typically been below the
available U.S. quota such that the
United States has carried forward the
maximum amount of underharvest
allowed by ICCAT from one year to the
next. NMFS will need to account for
2025 landings and dead discards within
the adjusted U.S. quota, consistent with
ICCAT recommendations, and
anticipates having sufficient quota to do
that.
NMFS also considered the effects of
the transfer on the BFT stock and on
accomplishing the objectives of the 2006
Consolidated HMS FMP
(§ 635.27(a)(7)(v) and (vi)). This transfer
would be with established quotas and
subquotas, which are implemented
consistent with ICCAT
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, and effects on the stock. This
quota transfer is in line with the
established management measures and
stock status determinations. Another
principal consideration is the objective
of providing opportunities to harvest the
available General category quota
without exceeding the annual quota,
based on the objectives of the 2006
Consolidated HMS FMP and its
amendments, including to achieve
optimum yield on a continuing basis
and to allow all permit categories a
reasonable opportunity to harvest
available BFT quota allocations (related
to § 635.27(a)(7)(x)). Specific to the
General category, this includes
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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations
providing opportunities equitably across
all time periods.
ddrumheller on DSK120RN23PROD with RULES1
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, General
and HMS Charter/Headboat category
vessel owners are required per
§ 635.27(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 by using the HMS
Catch Reporting app, by using other
apps approved by NMFS for HMS
reporting, 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://
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. 1855(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. 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 is
impracticable and contrary to the public
interest as this fishery is currently
VerDate Sep<11>2014
18:15 Jan 09, 2025
Jkt 265001
underway. Based on current landings
information, the available time period
subquota is projected to be reached
shortly. Delaying this action could
result in BFT landings exceeding the
January through March time period
subquota. Additionally, a delay in
implementing this transfer would
preclude the fishery from harvesting
BFT that are currently available on the
fishing grounds and that might
otherwise become unavailable. This
action does not raise conservation and
management concerns and would
support effective management of the
BFT fishery. Transferring quota from the
General category December time period
to the General category January through
March time period does not affect the
overall ICCAT-allocated U.S. BFT 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: January 8, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2025–00625 Filed 1–8–25; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No: 230316–0077]
RTID 0648–XE604
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; 2025
Management Area 1B Possession Limit
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; possession
limit adjustment.
AGENCY:
NMFS is implementing a
2,000-lb (907.2-kg) possession limit for
Atlantic herring for Management Area
1B. This is required because NMFS
projects that herring catch from Area 1B
will reach 92 percent of the Area’s subannual catch limit before the end of the
fishing year. This action is intended to
SUMMARY:
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Fmt 4700
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prevent overharvest of herring in Area
1B, which would result in additional
catch limit reductions in a subsequent
year.
DATES: Effective 00:01 hours (hr) local
time, January 8, 2025, through
December 31, 2025.
FOR FURTHER INFORMATION CONTACT:
Colette Tweeddale, Fishery
Management Specialist, 978–281–9335.
SUPPLEMENTARY INFORMATION: The
Regional Administrator of the Greater
Atlantic Regional Office monitors
Atlantic herring fishery catch in each
Management Area based on vessel and
dealer reports, state data, and other
available information. Regulations at 50
CFR 648.201(a)(1)(i)(A) require
implementation of a 2,000-lb (907.2-kg)
possession limit for herring for Area 1B
beginning on the date that catch is
projected to reach 92 percent of the subannual catch limit (ACL) for that area.
The Magnuson-Stevens Fishery
Conservation and Management Act
provides authority to implement the
possession limit only to the Secretary of
Commerce, which has been delegated to
the Regional Administrator.
Based on vessel reports, dealer
reports, and other available information,
the Regional Administrator projects that
the herring fleet will have caught 92
percent of the Area 1B sub-ACL by
January 8, 2025. Therefore, effective
00:01 hr local time January 8, 2025,
through December 31, 2025, a person
may not attempt or do any of the
following: Fish for; possess; transfer;
purchase; receive; land; or sell more
than 2,000 lb of herring per trip or more
than once per calendar day in or from
Area 1B except as provided in
§§ 648.201(b) and (c).
Vessels that enter port before 00:01 hr
local time on January 8, 2025, may land
and sell more than 2,000 lb (907.2 kg)
of herring from Area 1B from that trip,
provided that catch is landed in
accordance with state management
measures. Vessels may transit or land in
Area 1B with more than 2,000 lb (907.2
kg) of herring on board, provided that:
The herring were caught in an area not
subject to a 2,000-lb (907.2-kg) limit; all
fishing gear is stowed and not available
for immediate use; and the vessel is
issued a permit appropriate to the
amount of herring on board and the area
where the herring was harvested.
Also effective 00:01 hr local time,
January 8, 2025, through 24:00 hr local
time, December 31, 2025, federally
permitted dealers may not attempt or do
any of the following: Purchase; receive;
possess; have custody or control of; sell;
barter; trade; or transfer more than 2,000
lb (907.2 kg) of herring per trip or
E:\FR\FM\13JAR1.SGM
13JAR1
Agencies
[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Rules and Regulations]
[Pages 2638-2640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00625]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XE544]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category January Through March Quota Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 20.5 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the General category December 2025 subquota to
the January through March 2025 subquota period. The adjusted General
category January through March 2025 subquota is 58.2 mt. This action is
intended to provide further harvest opportunities for General category
fishermen, based on consideration of the regulatory determination
criteria regarding inseason adjustments and applies to Atlantic Tunas
General category (commercial) permitted vessels and Atlantic Highly
Migratory Species (HMS) Charter/Headboat permitted vessels with a
commercial sale endorsement when fishing commercially for BFT.
DATES: The quota transfer is effective January 8, 2025, through March
31, 2025.
FOR FURTHER INFORMATION CONTACT: Anna Quintrell
([email protected]) or Larry Redd, Jr. ([email protected]) by
email or by phone at 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.). ATCA
is the implementing statute for binding recommendations of the
International Commission for the Conservation of Atlantic Tunas. 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
[[Page 2639]]
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.
As described in Sec. 635.27(a), the current baseline U.S. BFT
quota is 1,316.14 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. The General category
baseline quota is suballocated to different time periods. Relevant to
this action, the baseline subquotas for the January through March time
period and for the December time period are 37.7 mt and 37.0 mt,
respectively.
Transfer From the December 2025 Subquota to the January Through March
2025 Subquota
Under Sec. 635.27(a)(1)(ii), NMFS has the authority to transfer
subquota from one time period to another time period through inseason
action after considering determination criteria provided under Sec.
635.27(a)(7). This section focuses on the calculations involved in
transferring quota available from the 2025 General category December
time period subquota to the 2025 General category January through March
time period subquota; the consideration of the determination criteria
can be found below after this section.
As stated above, the baseline subquotas for the January through
March time period and for the December time period are 37.7 mt and 37.0
mt, respectively. Transferring 20.5 mt from the General category
December time period to the General category January through March time
period, results in an adjusted January through March time period
subquota of 58.2 mt (37.7 mt + 20.5 mt = 58.2 mt), and an adjusted
December time period subquota of 16.5 mt (37.0 mt-20.5 mt = 16.5 mt).
The General category quota is available for use by Atlantic Tunas
General category (commercial) permitted vessels and HMS Charter/
Headboat permitted vessels with a commercial sale endorsement when
fishing commercially for BFT.
In summary, this transfer results in an adjusted January through
March 2025 time period subquota of 58.2 mt and an adjusted December
2025 subquota of 16.5 mt. The General category fishery will remain open
until March 31, 2025, or until the adjusted January through March 2025
time period subquota is reached, whichever comes first.
Consideration of the Relevant Determination Criteria
NMFS has considered all of the relevant determination criteria and
their applicability to this inseason quota transfer (Sec.
635.27(a)(7)). 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 General 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 General
category during the January-March time period would support the
continued collection of a broad range of data for these studies and for
stock monitoring purposes.
NMFS also considered the catches of the General category catches in
the December and January through March time periods over the last
several years and the likelihood of closure of the January through
March segment of the fishery if no adjustment is made (Sec.
635.27(a)(7)(ii) and (ix)), as well as daily landing trends and the
availability of BFT on fishing grounds (Sec. 635.27(a)(7)(ix)).
Without a quota transfer at this time, based on recent catch rates in
comparison to the current available quota (37.7 mt), NMFS would likely
need to close the General category fishery shortly. Once the fishery is
closed, participants would have to stop BFT fishing activities until
the next time period begins in June, even though commercial-sized BFT
remain available in the areas where General category permitted vessels
operate. A quota transfer at this time provides limited additional
opportunities to harvest the U.S. BFT quota while avoiding exceeding
the current time period's subquota.
Regarding the projected ability of the vessels fishing under the
General 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 General category landings over the
last several years and landings to date this year. Landings are highly
variable and depend on access to commercial-sized BFT and fishing
conditions, among other factors. NMFS may adjust each time period's
subquota based on overharvest or underharvest in the prior time period
and may transfer subquota from one time period to another time period.
By allowing for the current quota transfer, NMFS anticipates that the
General category quota would be used before the end of the fishing
year. Thus, this quota transfer would allow General 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 2025 landings and
dead discards (Sec. 635.27(a)(7)(xi)). In the last several years, the
total U.S. BFT landings have typically been below the available U.S.
quota such that the United States has carried forward the maximum
amount of underharvest allowed by ICCAT from one year to the next. NMFS
will need to account for 2025 landings and dead discards within the
adjusted U.S. quota, consistent with ICCAT recommendations, and
anticipates having sufficient quota to do that.
NMFS also considered the effects of the transfer on the BFT stock
and on accomplishing the objectives of the 2006 Consolidated HMS FMP
(Sec. 635.27(a)(7)(v) and (vi)). This transfer would be with
established quotas and subquotas, which are implemented consistent with
ICCAT 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, and effects on the stock. This quota transfer is
in line with the established management measures and stock status
determinations. Another principal consideration is the objective of
providing opportunities to harvest the available General category quota
without exceeding the annual quota, based on the objectives of the 2006
Consolidated HMS FMP and its amendments, including to achieve optimum
yield on a continuing basis and to allow all permit categories a
reasonable opportunity to harvest available BFT quota allocations
(related to Sec. 635.27(a)(7)(x)). Specific to the General category,
this includes
[[Page 2640]]
providing opportunities equitably across all time periods.
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, General and HMS Charter/Headboat category vessel
owners are required per Sec. 635.27(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 by using the
HMS Catch Reporting app, by using other apps approved by NMFS for HMS
reporting, 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://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. 1855(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.
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 is impracticable and contrary to the public interest
as this fishery is currently underway. Based on current landings
information, the available time period subquota is projected to be
reached shortly. Delaying this action could result in BFT landings
exceeding the January through March time period subquota. Additionally,
a delay in implementing this transfer would preclude the fishery from
harvesting BFT that are currently available on the fishing grounds and
that might otherwise become unavailable. This action does not raise
conservation and management concerns and would support effective
management of the BFT fishery. Transferring quota from the General
category December time period to the General category January through
March time period does not affect the overall ICCAT-allocated U.S. BFT
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: January 8, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2025-00625 Filed 1-8-25; 4:15 pm]
BILLING CODE 3510-22-P