Atlantic Highly Migratory Species; Adjustments to the 2024 North Atlantic Albacore Tuna, North and South Atlantic Swordfish, and Atlantic Bluefin Tuna Reserve Category Quotas

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Federal RegisterSep 20, 2024
89 Fed. Reg. 77029 (Sep. 20, 2024)
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    Department of Commerce National Oceanic and Atmospheric Administration
  • 50 CFR Part 635
  • [Docket No. 240916-0238]
  • RIN 0648-BN13
  • 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.

    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 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 § 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 Year † (+)177.9 (+)177.9
    Adjusted Quota (Baseline + Underharvest) 889.4 1,067.3
    † Allowable underharvest carryover is capped at 25 percent of the 2023 baseline quota allocation (177.9 mt ww).

    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 Year † (+)440.6 (+)440.6
    Adjusted Quota (Baseline + Carryover + Transfer) 3,378.2 3,227.8
    Quota Allocation:
    Directed Category 3,028.2 2,877.8
    Incidental Category 300 300
    Reserve Category 50 50
    South Atlantic swordfish quota (mt dw) 2023 2024
    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 Year † 75.2 75.2
    Adjusted quota (Baseline + Transfers + Carryover) 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).

    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 Allocation) * 1,341.1 1,341.1
    Underharvest from Previous Year 106.5 136.4
    Underharvest Carryover from Previous Year † (+)106.5 (+)134.1
    Adjusted Quota (Total quota + Carryover) 1,447.7 1,475.2
    Baseline Reserve Category Quota ‡ 38.2 ** 38.2
    Adjusted Reserve Category Quota (Reserve quota + Carryover) 133.9 161.5
    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).