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

<RULE> DEPARTMENT OF COMMERCE <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY> <CFR>50 CFR Part 635</CFR> <DEPDOC>[Docket No. 240916-0238]</DEPDOC> <RIN>RIN 0648-BN13</RIN> <SUBJECT>Atlantic Highly Migratory Species; Adjustments to the 2024 North Atlantic Albacore Tuna, North and South Atlantic Swordfish, and Atlantic Bluefin Tuna Reserve Category Quotas</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. <HD SOURCE="HED">ACTION:</HD> Final rule; temporary quota adjustment. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> The final rule is effective September 20, 2024. The temporary quota adjustments are effective September 20, 2024, through December 31, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> 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 <E T="03">https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.</E> These documents also are available upon request from Anna Quintrell or Steve Durkee at the email addresses and telephone numbers below. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Anna Quintrell (301-427-8503, <E T="03">anna.quintrell@noaa.gov</E> ) or Steve Durkee (301-427-8503, <E T="03">steve.durkee@noaa.gov</E> ). </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Atlantic HMS northern albacore, swordfish, and bluefin tuna fisheries, are managed under the authority of ATCA (16 U.S.C. 971 <E T="03">et seq.</E> ) and the Magnuson-Stevens Act (16 U.S.C. 1801 <E T="03">et seq.</E> ). 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. <HD SOURCE="HD1">Northern Albacore Annual Quota and Adjustment Process</HD> 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 <E T="04">Federal Register</E> 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). <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,12,12"> <TTITLE>Table 1—2024 Northern Albacore Quota</TTITLE> <CHED H="1"> Northern albacore quota (mt ww) </CHED> <CHED H="1">2023</CHED> <CHED H="1">2024</CHED> <ROW> <ENT I="01">Baseline Quota</ENT> <ENT>711.5</ENT> <ENT>889.4</ENT> </ROW> <ROW> <ENT I="01">Underharvest from Previous Year</ENT> <ENT>578.8</ENT> <ENT>708.9</ENT> </ROW> <ROW> <ENT I="01">Underharvest Carryover from Previous Year †</ENT> <ENT>(+)177.9</ENT> <ENT>(+)177.9</ENT> </ROW> <ROW> <ENT I="01">Adjusted Quota (Baseline + Underharvest)</ENT> <ENT>889.4</ENT> <ENT>1,067.3</ENT> </ROW> <TNOTE>† Allowable underharvest carryover is capped at 25 percent of the 2023 baseline quota allocation (177.9 mt ww).</TNOTE> </GPOTABLE> <HD SOURCE="HD1">North and South Atlantic Swordfish Annual Quota and Adjustment Process</HD> <HD SOURCE="HD2">North Atlantic Swordfish</HD> 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 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 § 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 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 m ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 24k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━