Rule2021-14849
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 13, 2021
Effective
July 11, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the Atlantic bluefin tuna (BFT) General category daily retention limit from three large medium or giant BFT to one large medium or giant BFT for the remainder of the June through August 2021 subquota period. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic Tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT.
Full Text
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<title>Federal Register, Volume 86 Issue 131 (Tuesday, July 13, 2021)</title>
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[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Rules and Regulations]
[Pages 36669-36671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14849]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RTID 0648-XB145
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category retention limit
adjustment.
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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General
category daily retention limit from three large medium or giant BFT to
one large medium or giant BFT for the remainder of the June through
August 2021 subquota period. This action is based on consideration of
the regulatory determination criteria regarding inseason adjustments
and applies to Atlantic Tunas General category (commercial) permitted
vessels and Highly Migratory Species (HMS) Charter/Headboat permitted
vessels with a commercial sale endorsement when fishing commercially
for BFT.
DATES: Effective July 11, 2021 through August 31, 2021.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#472b2635353e6935222323072928262669202831"><span class="__cf_email__" data-cfemail="e884899a9a91c69a8d8c8ca886878989c68f879e">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#e7898e848f888b8694c991828b948285888295a789888686c9808891"><span class="__cf_email__" data-cfemail="d3bdbab0bbbcbfb2a0fda5b6bfa0b6b1bcb6a193bdbcb2b2fdb4bca5">[email protected]</span></a>, 978-675-
2168, or Lauren Latchford, <a href="/cdn-cgi/l/email-protection#b4d8d5c1c6d1da9ad8d5c0d7dcd2dbc6d0f4dadbd5d59ad3dbc2"><span class="__cf_email__" data-cfemail="731f120601161d5d1f1207101b151c0117331d1c12125d141c05">[email protected]</span></a>, 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT
fisheries, are managed under the authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act; 16
U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic HMS Fishery
Management Plan (FMP) and its amendments are implemented by regulations
at 50 CFR part 635. Section 635.27 divides the U.S. BFT quota
recommended by the International Commission for the Conservation of
Atlantic Tunas (ICCAT) and as implemented by the United States among
the various domestic fishing categories, per the allocations
established in the 2006 Consolidated HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens Act 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.
In 2018, NMFS implemented a final rule that established the U.S.
BFT quota and subquotas consistent with ICCAT Recommendation 17-06 (83
FR 51391, October 11, 2018). In 2020, following a stock assessment
update, ICCAT adopted Recommendation 20-06, which maintained the total
allowable catch of 2,350 metric tons (mt) and the associated U.S.
quota. As such, as described in Sec. 635.27(a), the current baseline
U.S. quota continues to be 1,247.86 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 555.7 mt. Each of the
General category time periods (January, June through
[[Page 36670]]
August, September, October through November, and December) is allocated
a portion of the annual General category quota. This action would
adjust the daily retention limit for the remainder of the second time
period in 2021, June through August.
Adjustment of General Category Daily Retention Limit
The default General category retention limit is one large medium or
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or
greater) per vessel per day/trip (Sec. 635.23(a)(2)).
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8). NMFS adjusted the daily
retention limit for the beginning of the June through August 2021
subquota period from the default level of one large medium or giant BFT
to three large medium or giant BFT (86 FR 25992, May 12, 2021). NMFS
has considered the relevant determination criteria and their
applicability to the General category BFT retention limit for the
remainder of the June through August 2021 subquota time period. The
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)(8)(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. Prolonged opportunities to land BFT over the
longest time-period allowable would support the collection of a broad
range of data for these studies and for stock monitoring purposes.
NMFS also considered the catches of the General category quota to
date and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(8)(ii) and (ix)). Commercial-size
BFT are currently readily available to vessels fishing under the
General category quota. As of July 8, 2021, the General category has
landed approximately 34.9 mt, representing 13 percent of the General
category subquota for the June 1 through August 31 period. If current
catch rates continue with the three-fish daily limit, the available
subquota for June 1 through August 31 period will be reached or
exceeded, and NMFS would need to close the fishery earlier than
otherwise would be necessary under a lower limit. NMFS intends to
provide General category participants in all areas and time periods
opportunities to harvest the General category quota without exceeding
it, through active inseason management such as retention limit
adjustments and/or the timing and amount of quota transfers (based on
consideration of the determination criteria regarding inseason
adjustments), while extending the season as long as practicable. NMFS
is setting the limit for the remainder of the June through August 2021
subquota period in such a way that NMFS believes, informed by past
experience, increases the likelihood that the fishery will remain open
throughout the subperiod and year. NMFS also took into consideration a
recently published proposed rule that would set restricted-fishing days
for the General category during the months of July through November
2021 (86 FR 25992, May 12, 2021). If finalized, that proposed rule
would further increase the likelihood that the fishery would remain
open throughout the subperiod and year.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS FMP (Sec. 635.27(a)(8)(v) and (vi)). This
retention limit would be consistent with established quotas and
subquotas, which are implemented consistent with ICCAT recommendations,
(established in Recommendation 17-06 and maintained in Recommendation
20-06), 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 retention limit is in line with the
established management measures and stock status determinations. It is
also important that NMFS limit landings to the subquotas both to adhere
to the subquota allocations and to ensure that landings are as
consistent as possible with the pattern of fishing mortality (e.g.,
fish caught at each age) that was assumed in the latest stock
assessment, and this retention limit is consistent with those
objectives.
Another principal consideration in setting the retention limit 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 amendments, including
to achieve optimum yield on a continuing basis and to optimize the
ability of all permit categories to harvest available BFT quota
allocations (related to Sec. 635.27(a)(8)(x)).
Given these considerations, NMFS has determined that a one-fish
General category retention limit is warranted for the remainder of the
June-August 2021 subquota period. This retention limit would provide a
reasonable opportunity to harvest the available U.S. BFT quota
(including the expected increase in available 2021 quota based on 2020
underharvest), without exceeding it, while maintaining an equitable
distribution of fishing opportunities; help optimize the ability of the
General category to harvest its available quota; allow collection of a
broad range of data for stock monitoring purposes; and be consistent
with the objectives of the 2006 Consolidated HMS FMP and amendments.
Therefore, NMFS decreases the General category retention limit from
three to one large medium or giant BFT per vessel per day/trip,
effective July 11, 2021, through August 31, 2021.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the June
through August 2021 limit), whether a vessel fishing under the General
category retention limit takes a two-day trip or makes two trips in one
day, the daily limit of one fish may not be exceeded upon landing. This
General category retention limit is effective in all areas, except for
the Gulf of Mexico, where NMFS prohibits targeting fishing for BFT, and
applies to vessels permitted in the General category, as well as to HMS
Charter/Headboat permitted vessels with a commercial sale endorsement
when fishing commercially for BFT. For information regarding the HMS
Charter/Headboat commercial sale endorsement, see 82 FR 57543, December
6, 2017.
Monitoring and Reporting
NMFS will actively monitor the BFT fishery closely. 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 vessel owners are required to report
their own catch of all BFT retained or discarded dead, within 24 hours
of the landing(s) or end of each
[[Page 36671]]
trip, by accessing <a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a> or by using the HMS Catch
Reporting app, or calling (888) 872-8862 (Monday through Friday from 8
a.m. until 4:30 p.m.).
Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional adjustments are necessary to ensure
available quota is not exceeded or to enhance scientific data
collection from, and fishing opportunities in, all geographic areas. If
needed, subsequent adjustments will be published in the Federal
Register. In addition, fishermen may call the Atlantic Tunas
Information Line at (978) 281-9260, or access <a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a>, for
updates on quota monitoring and inseason adjustments.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 635, which was
issued pursuant to section 304(c), and is exempt from review under
Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
NMFS provides notification of retention limit adjustments by
publishing the notice in the Federal Register, emailing individuals who
have subscribed to the Atlantic HMS News electronic newsletter, and
updating the information posted on the Atlantic Tunas Information Line
and on <a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a>. The regulations implementing the 2006
Consolidated HMS FMP and amendments provide for inseason retention
limit adjustments 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.
Prior notice and an opportunity for public comment is impracticable
because the regulations implementing the 2006 Consolidated HMS FMP, as
amended, intended that inseason retention limit adjustments would allow
the agency to respond quickly 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. Based on
available BFT quotas, fishery performance in recent years, and the
availability of BFT on the fishing grounds, adjustment to the General
category BFT daily retention limit from the current level is warranted.
Delays in adjusting the retention limit may result in the available
June 1 through August 31 subquota being reached or exceeded and NMFS
needing to close the fishery earlier than otherwise would be necessary
under the lower limit being set for the remainder of this period. Such
delays could adversely affect those General category and HMS Charter/
Headboat vessels that would otherwise have an opportunity to harvest
BFT if the fishery were to remain open for as feasible throughout the
remaining subquota periods. Limited opportunities to harvest the
respective quotas may have negative social and economic impacts for
U.S. fishermen that depend upon catching the available quota within the
time periods designated in the 2006 Consolidated HMS FMP and
amendments. Adjustment of the retention limit needs to be effective as
soon as possible to extend fishing opportunities for fishermen in all
geographic areas, and to provide equitable opportunities.
Prior notice and an opportunity for public comment is also
impracticable for the retention limit adjustment to one fish for the
remainder of the June through August 2021 subquota period. Avoiding
delay in implementation will also allow fishermen to take advantage of
the availability of fish on the fishing grounds and of quota.
Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for public comment. For these reasons,
there is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in
effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: July 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-14849 Filed 7-8-21; 4:15 pm]
BILLING CODE 3510-22-P
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