Rule2022-09573
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
May 4, 2022
Effective
May 6, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has determined, based on consideration of the regulatory determination criteria regarding inseason adjustments, that the Atlantic bluefin tuna (BFT) daily retention limit that applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels (when fishing recreationally for BFT) should be adjusted for the remainder of 2022. NMFS is adjusting the Angling category BFT daily retention limit from the default of one school, large school, or small medium BFT to: Two school BFT and one large school/small medium BFT per vessel per day/trip for private vessels with HMS Angling permits; three school BFT and one large school/small medium BFT per vessel per day/trip for charter boat vessels with HMS Charter/Headboat permits when fishing recreationally; and six school BFT and two large school/ small medium BFT per vessel per day/trip for headboat vessels with HMS Charter/Headboat permits when fishing recreationally. These retention limits are effective in all areas, except for the Gulf of Mexico, where targeted fishing for BFT is prohibited.
Full Text
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<title>Federal Register, Volume 87 Issue 86 (Wednesday, May 4, 2022)</title>
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[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Rules and Regulations]
[Pages 26299-26302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09573]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-XB936
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 retention limit adjustment.
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SUMMARY: NMFS has determined, based on consideration of the regulatory
determination criteria regarding inseason adjustments, that the
Atlantic bluefin tuna (BFT) daily retention limit that applies to
Highly Migratory Species (HMS) Angling and HMS Charter/Headboat
permitted vessels (when fishing recreationally for BFT) should be
adjusted for the remainder of 2022. NMFS is adjusting the Angling
category BFT daily retention limit from the default of one school,
large school, or small medium BFT to: Two school BFT and one large
school/small medium BFT per vessel per day/trip for private vessels
with HMS Angling permits;
[[Page 26300]]
three school BFT and one large school/small medium BFT per vessel per
day/trip for charter boat vessels with HMS Charter/Headboat permits
when fishing recreationally; and six school BFT and two large school/
small medium BFT per vessel per day/trip for headboat vessels with HMS
Charter/Headboat permits when fishing recreationally. These retention
limits are effective in all areas, except for the Gulf of Mexico, where
targeted fishing for BFT is prohibited.
DATES: Effective May 6, 2022, through December 31, 2022.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#016d607373782f73646565416f6e60602f666e77"><span class="__cf_email__" data-cfemail="5d313c2f2f24732f3839391d33323c3c733a322b">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#f896919b909794998bd68e9d948b9d9a979d8ab896979999d69f978e"><span class="__cf_email__" data-cfemail="bbd5d2d8d3d4d7dac895cdded7c8ded9d4dec9fbd5d4dada95dcd4cd">[email protected]</span></a>, 978-675-
2168, or Thomas Warren, <a href="/cdn-cgi/l/email-protection#e89c808785899bc69f899a9a8d86a886878989c68f879e"><span class="__cf_email__" data-cfemail="6b1f0304060a18451c0a19190e052b05040a0a450c041d">[email protected]</span></a>, 978-281-9347.
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 Atlantic HMS FMP and its
amendments. NMFS is required under the MSA 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 1,247.86 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 Angling
category baseline quota is 232.4 mt. This baseline quota is further
subdivided into subquotas by size class (see Table 1) as follows: 127.3
mt for school BFT, 99.8 mt for large school/small medium BFT, and 5.3
mt for large medium/giant BFT. Large school and small medium BFT
traditionally have been managed as one size class, i.e., a limit of one
large school/small medium BFT (measuring 47 to less than 73 inches).
Similarly, large medium and giant BFT traditionally have been managed
as one size class that is also known as the ``trophy'' class.
Currently, the default Angling category daily retention limit of one
school, large school, or small medium BFT is in effect and applies to
HMS Angling and HMS Charter/Headboat permitted vessels (when fishing
recreationally for BFT) (Sec. 635.23(b)(2)).
Table 1--BFT Size Classes
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Size class Curved fork length
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School................................. 27 to less than 47 inches (68.5
to less than 119 cm).
Large school........................... 47 to less than 59 inches (119
to less than 150 cm).
Small medium........................... 59 to less than 73 inches (150
to less than 185 cm).
Large medium........................... 73 to less than 81 inches (185
to less than 206 cm).
Giant.................................. 81 inches or greater (206 cm or
greater).
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Adjustment of Angling Category Daily Retention Limit
Under Sec. 635.23(b)(3), NMFS may increase or decrease the Angling
category retention limit for any size class of BFT after considering
regulatory determination criteria under Sec. 635.27(a)(8). Also under
Sec. 635.23(b)(3), recreational retention limits may be adjusted
separately for specific vessel type, such as private vessels,
headboats, or charter boats.
As discussed below, NMFS has considered all of the relevant
determination criteria and their applicability to the change in the
Angling category retention limit. After considering these criteria,
NMFS has decided to adjust the Angling category retention limits as
follows:
(1) For private vessels with HMS Angling permits, this action
adjusts the limit upwards to two school BFT and one large school/small
medium BFT per vessel per day/trip (i.e., two BFT measuring 27 to less
than 47 inches, and one BFT measuring 47 to less than 73 inches).
(2) For charter boat vessels with HMS Charter/Headboat permits,
this action adjusts the limit upwards to three school BFT and one large
school/small medium BFT per vessel per day/trip when fishing
recreationally for BFT (i.e., three BFT measuring 27 to less than 47
inches, and one BFT measuring 47 to less than 73 inches).
(3) For headboat vessels with HMS Charter/Headboat permits, this
action adjusts the limit upwards to six school BFT and two large
school/small medium BFT per vessel per day/trip when fishing
recreationally for BFT (i.e., six BFT measuring 27 to less than 47
inches, and two BFT measuring 47 to less than 73 inches).
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example, whether a private vessel
(fishing under the Angling category retention limit) takes a two-day
trip or makes two trips in one day, the day/trip limit of two school
BFT and one large school/small medium BFT applies and may not be
exceeded upon landing.
Consideration of the Determination Criteria
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 recreational fishermen 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 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 Angling 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)). Additionally, NMFS
considered Angling category landings in 2020 and 2021, which were
approximately 87 percent of the 232.4-mt annual Angling category quota
in both 2020 and 2021, including landings of approximately 64 percent
of the available school BFT quota in both 2020 and 2021, under the same
daily retention limits as implemented in this action. Thus, absent
retention limit adjustment, NMFS anticipates that the available 2022
Angling category quota would not be harvested under the default
retention limit.
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)). These
retention limits 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. While not yet implemented, NMFS anticipates these retention
limits would also be consistent with ICCAT Recommendation 21-07. In
establishing
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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.
These retention limits are in line with these established management
measures. It is also important that NMFS limit landings to the
subquotas both to adhere to the FMP quota 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 these retention limits are consistent with
those objectives.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the available
Angling category quota without exceeding the available quota, based on
the objectives of the 2006 Consolidated HMS FMP and amendments,
including to achieve optimum yield on a continuing basis and to allow
all permit categories a reasonable opportunity to harvest the available
BFT quota allocations (related to Sec. 635.27(a)(8)(x)).
NMFS considered input on recreational limits from the HMS Advisory
Panel at its May and September 2021 meetings and that ICCAT
recommendations and HMS implementing regulations limit the allowance
for landings of school bluefin tuna to 10 percent of the U.S. baseline
quota (i.e., 127.3 mt). The 2021 school BFT landings represented
approximately 6 percent of the total U.S. quota for 2021, well under
the ICCAT recommended 10-percent limit. NMFS is not setting higher
school BFT limits than the adjustments listed due to the potential risk
of exceeding the ICCAT tolerance limit on school BFT and other
considerations, such as potential effort shifts to BFT fishing as a
result of current recreational retention limits for New England
groundfish and striped bass as well as high variability in bluefin tuna
availability.
Given that the Angling category landings fell short of the
available quota in 2020 and 2021, even with the retention limit
adjustments, and considering the regulatory criteria above, NMFS has
determined that the Angling category retention limits applicable to HMS
Angling and HMS Charter/Headboat permitted vessels should be adjusted
upwards from the default levels.
NMFS has also concluded that implementation of separate limits for
private, charter boat, and headboat vessels is appropriate, recognizing
the different nature, socio-economic needs, and recent landings results
of the two components of the recreational BFT fishery. For example,
charter operators historically have indicated that a retention limit
greater than the default limit of one fish is vital to their ability to
attract customers. In addition, Large Pelagics Survey estimates
indicate that charter/headboat BFT landings averaged 31 percent of
recent recreational landings for 2020 through 2021, with the remaining
69 percent landed by private vessels. NMFS has further concluded that a
higher limit for headboats (than charter boats) is appropriate, given
the limited number of headboats participating in the bluefin tuna
fishery.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2022 that would not exceed the available
subquotas. Lower retention limits could result in substantial
underharvest of the Angling category subquota, and increasing the daily
limits further may risk exceeding the available quota, contrary to the
objectives of the 2006 Consolidated HMS FMP and amendments.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely through the
mandatory landings and catch reports. HMS Angling and HMS Charter/
Headboat permitted vessel owners are required to report the catch of
all BFT retained or discarded dead, within 24 hours of the landing(s)
or end of each trip, by accessing <a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a>, 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 retention
limit adjustments or closures 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.
HMS Angling and HMS Charter/Headboat permit holders may catch and
release (or tag and release) BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs at
Sec. 635.26. All BFT that are released must be handled in a manner
that will maximize their survival, and without removing the fish from
the water, consistent with requirements at Sec. 635.21(a)(1). For
additional information on safe handling, see the ``Careful Catch and
Release'' brochure available at <a href="https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure">https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure</a>.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from
review under Executive Order 12866.
The Assistant Administrator (AA) for NMFS 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:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason 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. Affording prior notice and opportunity for public comment
to implement the daily retention limit for the remainder of 2022 at
this time is impracticable. Based on available BFT quotas, fishery
performance in recent years, and the availability of BFT on the fishing
grounds, immediate adjustment to the Angling category BFT daily
retention limit from the default levels is warranted to allow fishermen
to take advantage of the availability of fish and of quota. NMFS could
not have proposed these actions earlier, as it needed to consider and
respond to updated landings data from the 2021 Angling category. If
NMFS was to offer a public comment period now, after having
appropriately considered those data, it could preclude fishermen from
harvesting BFT that are legally available consistent with all of the
regulatory criteria, and/or could result in selection of a retention
limit inappropriately high or low for the amount of quota available for
the period.
Fisheries under the Angling category daily retention limit are
currently underway and thus prior notice would be contrary to the
public interest. Delays in increasing daily recreational BFT retention
limit would adversely affect those HMS Angling and HMS Charter/Headboat
permitted vessels that would otherwise have an opportunity to harvest
more than the default retention limit of one school, large school, or
small medium BFT per day/trip and may exacerbate the problem of low
catch rates and quota rollovers. Analysis of available data shows that
adjustment
[[Page 26302]]
to the BFT daily retention limit from the default level would result in
minimal risks of exceeding the ICCAT-allocated 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 all of the above 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: April 29, 2022.
Jennifer M. Wallace,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2022-09573 Filed 5-3-22; 8:45 am]
BILLING CODE 3510-22-P
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