Rule2022-11488
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 27, 2022
Effective
June 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the General category daily retention limit from one large medium or giant Atlantic bluefin tuna (BFT) to three large medium or giant BFT. This daily retention limit 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. This adjustment will be effective for the June through August subquota time period until further modified.
Full Text
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<title>Federal Register, Volume 87 Issue 103 (Friday, May 27, 2022)</title>
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[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Rules and Regulations]
[Pages 32094-32097]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11488]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02;RTID 0648-XC021]
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 is adjusting the General category daily retention limit
from one large medium or giant Atlantic bluefin tuna (BFT) to three
large medium or giant BFT. This daily retention limit 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. This
adjustment will be effective for the June through August subquota time
period until further modified.
DATES: Effective June 1, 2022, through August 31, 2022, or until NMFS
announces in the Federal Register another adjustment to the retention
limit.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#2c404d5e5e55025e4948486c42434d4d024b435a"><span class="__cf_email__" data-cfemail="25494457575c0b57404141654b4a44440b424a53">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#96f8fff5fef9faf7e5b8e0f3fae5f3f4f9f3e4d6f8f9f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="8de3e4eee5e2e1ecfea3fbe8e1fee8efe2e8ffcde3e2ececa3eae2fb">[email protected]</span></a>, 978-281-
9260, or Thomas Warren, <a href="/cdn-cgi/l/email-protection#cebaa6a1a3afbde0b9afbcbcaba08ea0a1afafe0a9a1b8"><span class="__cf_email__" data-cfemail="5b2f3334363a28752c3a29293e351b35343a3a753c342d">[email protected]</span></a>, 978-281-9260.
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
[[Page 32095]]
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.
As described in Sec. 635.27(a), the current baseline U.S. BFT
quota is 1,247.86 metric tons (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
General category baseline quota is 555.7 mt. This baseline quota is
further subdivided into subquotas by time period. The June through
August subquota time period is 277.9 mt. Although the 2021 ICCAT
recommendation regarding western Atlantic BFT management would result
in an increase to the baseline U.S. BFT quota (i.e., from 1,247.86 mt
to 1,316.14 mt) and subquotas for 2022 (including an expected increase
in General category quota from 555.7 mt to 587.9 mt, consistent with
the annual BFT quota calculation process established in Sec.
635.27(a)), domestic implementation of that recommendation is not yet
final. NMFS published a proposed rule on March 7, 2022 (87 FR 12648)
and is working on the final rule. The default General category daily
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
and applies to General category permitted vessels and to HMS Charter/
Headboat permitted vessels (when fishing commercially for BFT) (Sec.
635.23(a)(2)).
Adjustment of General Category Daily Retention Limit
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
five BFT per vessel after considering the regulatory determination
criteria under Sec. 635.27(a)(8). As described below, NMFS considered
all of the relevant determination criteria and their applicability to
the General category BFT retention limit for June through August 2022.
After considering these criteria, NMFS has decided to increase the
daily retention limit from one to three large medium or giant BFT per
vessel per day/trip (i.e., three BFT measuring 73 inches (185 cm) CFL
or greater) for General category permitted vessels and for HMS Charter/
Headboat permitted vessels with a commercial sale endorsement when
fishing commercially for BFT. HMS Charter/Headboat permitted vessels
fishing recreationally under the Angling category restrictions must
follow the Angling category retention and size limits.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the June
through August 2022 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 three 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 those vessels permitted in the General category, as well
as to those HMS Charter/Headboat permitted vessels with a commercial
sale endorsement when fishing commercially for BFT.
Consideration of the Determination Criteria
As described above, under Sec. 635.23(a)(4), NMFS may adjust the
daily retention limit of large medium and giant BFT after considering
the regulatory determination criteria under Sec. 635.27(a)(8).
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. 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 General category quota to
date and the likelihood of closure of the General category if no
adjustment is made (Sec. 635.27(a)(8)(ii)). Commercial-size BFT are
anticipated to migrate to the fishing grounds off the northeast U.S.
coast by early June. Given the typically slow catch rates in early
June, it is unlikely that increasing the retention limit from one BFT
to three BFT per vessel for a short period of time would result in the
June through August subquota time period being filled. If catch rates
increase, NMFS could take another action to reduce the trip limit to
ensure the fishery would remain open throughout the subquota time
period. In 2021, NMFS took similar action to increase the retention
limit to three BFT per vessel in the first part of the June through
August subquota time period (86 FR 27814, May 24, 2022). When catch
rates increased in early July, NMFS reduced the retention limit from
three BFT per vessel back to the default limit of one BFT per vessel
(86 FR 36669, July 13, 2021). NMFS found that when the retention limit
was three BFT per vessel, the vast majority of successful trips (i.e.,
General or Charter/Headboat trips on which at least one BFT is landed
under General category quota) landed only one or two BFT. Specifically,
from June 1 through July 11, 2021, 91 percent of the trips landed one
BFT; 7 percent landed two; and only 2 percent landed three. NMFS
expects catch rates this year will be similar (i.e., low in the first
part of June and then increasing). In short, NMFS adjusts the retention
limit throughout the season in such a way that NMFS believes, informed
by catch rates in past seasons and the catch rates during the current
season, increases fishing opportunities while also increasing the
likelihood that the fishery will remain open throughout the subquota
time period and year. NMFS also is aware of and considered the recently
published proposed rule that would set restricted-fishing days for the
General category during the months of July through November 2021 (87 FR
12643, March 7, 2022). If finalized, this proposed rule would further
increase the likelihood that the fishery would remain open throughout
the subquota time period 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 adjustment 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
domestically, this retention limit adjustment would also be consistent
with ICCAT Recommendation 21-07, which would increase the quotas and
subquotas slightly (87 FR 12648, March 7, 2022). 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 adjustment is in line with the established management measures
and stock status determinations. It is also important that NMFS limit
landings to the subquotas
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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. Because this action is similar to past actions in previous
years, this retention limit adjustment 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. This
consideration is based on the objectives of the 2006 Consolidated HMS
FMP and its amendments, and includes achieving optimum yield on a
continuing basis and optimizing the ability of all permit categories to
harvest available BFT quota allocations (related to Sec.
635.27(a)(8)(x)). NMFS anticipates that General category participants
in all areas and time periods will have opportunities to harvest the
General category quota in 2022, through proactive 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), as practicable. As discussed above,
NMFS will closely monitor General category catch rates associated with
the various authorized gear types (e.g., harpoon, rod and reel) during
the June through August time period and actively adjust the daily
retention limit as appropriate to enhance scientific data collection
and ensure fishing opportunities in all respective time-period
subquotas as well as ensure available quota is not exceeded.
A limit lower than three fish at the start of the June through
August time period could result in diminished fishing opportunities for
those General category vessels using harpoon gear, based on past fish
behavior early in the season. Lower limits may also result in effort
shifts from the General category to the Harpoon category, which could
result in premature closure of the Harpoon category (related to Sec.
635.27(a)(8)(iv)), and, potentially, additional inseason adjustments.
General category harpoon landings have averaged less than five percent
of the General category landings in recent years and these landings
occur early in the season. A three-fish retention limit for an
appropriate period of time will provide a greater opportunity to
harvest the June through August subquota time period with harpoon gear
in the General category while maintaining equitable distribution of
fishing opportunities for harpoon and rod and reel General category
participants.
Given these considerations, we have determined that a three-fish
General category retention limit is warranted for the beginning of the
June-August 2022 subquota time period. This retention limit would
provide a reasonable opportunity to harvest the available U.S. BFT
quota (including the expected increase in available 2022 quota based on
2021 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
the 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.
Monitoring and Reporting
NMFS will continue to 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 adjustment,
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 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 and regulations at 50 CFR part 635 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.
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. The timing of this rulemaking will allow approximately
one weeks' prior notice to the regulated community. Affording
additional prior notice and an opportunity for public comment on the
change in the daily retention limit from the default level for the June
through August 2022 subquota time period would be impracticable. Based
on available BFT quotas, fishery performance in recent years, and the
availability of BFT on the fishing grounds, responsive adjustment to
the General category BFT daily retention limit from the default level
is warranted to allow fishermen to take advantage of availability of
fish and of quota. NMFS could not have proposed these actions earlier,
as it needed to consider and respond to updated data and information
about fishery conditions and this year's landings. If NMFS was to offer
a public comment period now, after having appropriately considered that
data, it would 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 inappropriate to the amount of
quota available for the period.
Fisheries under the General category daily retention limit will
commence on June 1 and thus prior notice would be contrary to the
public interest. Delays in increasing these retention limits would
adversely affect those General and Charter/Headboat category vessels
that would otherwise have an opportunity to harvest more than the
default retention limit of one BFT per day/trip and may result in low
catch rates and quota rollovers. Analysis of available data shows that
adjustment to the BFT daily retention limit from the default level
would result in minimal risks of exceeding the ICCAT-allocated quota.
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>. With quota available and fish available on the
grounds, and with no additional
[[Page 32097]]
expected impacts to the stock, it would be contrary to the public
interest to require vessels to wait to harvest the additional fish
allowed through this action. Therefore, the AA finds good cause under 5
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public
comment.
Adjustment of the General category retention limit needs to be
effective June 1, 2022, or as soon as possible thereafter, to minimize
any unnecessary disruption in fishing patterns, to allow the impacted
sectors to benefit from the adjustment, and to not preclude fishing
opportunities for fishermen in geographic areas with access to the
fishery only during this time period. Foregoing 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. Therefore, the AA finds there is also 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: May 24, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-11488 Filed 5-24-22; 4:15 pm]
BILLING CODE 3510-22-P
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