Rule2022-13831
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
June 29, 2022
Effective
July 3, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the General category daily retention limit from three large medium or giant Atlantic bluefin tuna (BFT) to one 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 remainder of the June through August subquota time period.
Full Text
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<title>Federal Register, Volume 87 Issue 124 (Wednesday, June 29, 2022)</title>
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[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Rules and Regulations]
[Pages 38673-38675]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13831]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RTID 0648-XC097
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 three large medium or giant Atlantic bluefin tuna (BFT) to one
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 remainder of the June through
August subquota time period.
DATES: Effective July 3, 2022, through August 31, 2022.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#dfb3beadada6f1adbabbbb9fb1b0bebef1b8b0a9"><span class="__cf_email__" data-cfemail="a2cec3d0d0db8cd0c7c6c6e2cccdc3c38cc5cdd4">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#442a2d272c2b2825376a3221283721262b2136042a2b25256a232b32"><span class="__cf_email__" data-cfemail="85ebece6edeae9e4f6abf3e0e9f6e0e7eae0f7c5ebeae4e4abe2eaf3">[email protected]</span></a>, 978-281-
[[Page 38674]]
9260, or Thomas Warren, <a href="/cdn-cgi/l/email-protection#790d111614180a570e180b0b1c173917161818571e160f"><span class="__cf_email__" data-cfemail="2f5b4740424e5c01584e5d5d4a416f41404e4e01484059">[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 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 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 currently 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. As a result of the
2021 ICCAT recommendation regarding western Atlantic bluefin tuna
management and the implementing final rule (87 FR 33049, June 1, 2022),
on July 1, 2022, the baseline quotas noted above will increase to
1,316.14 mt, 587.9 mt, and 293.9 mt, respectively. 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)). NMFS adjusted the daily
retention limit adjustment for the beginning of the June through August
2022 subquota time period from the default daily retention limit of one
to three large medium or giant BFT (87 FR 32094, May 27, 2022). This
action would adjust the daily retention limit for the remainder of the
second time period in 2022, June through August.
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 decrease the
daily retention limit from three to one large medium or giant BFT per
vessel per day/trip for General category permitted vessels and for HMS
Charter/Headboat permitted vessels with a commercial sale endorsement
when fishing commercially for BFT.
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
currently readily available to vessels fishing under the General
category quota. As of June 23, 2022, the General category has landed
approximately 20.5 mt, representing 7 percent of the General category
subquota for the June 1 through August 31 subquota time period. If
current catch rates continue with the three-fish daily limit, the
available subquota for the June through August time 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 2022
subquota time period in such a way that NMFS believes, informed by past
experience, increases the likelihood that the fishery will remain open
throughout the subquota time period and year.
NMFS also took into consideration a recently published final rule
that would set restricted-fishing days (RFDs) for the General category
during the months of July through November 2022, with the first RFD
scheduled for July 1 (87 FR 33056, June 1, 2022). On an RFD, General
category permitted vessels and HMS Charter/Headboat permitted vessels
(when fishing commercially for BFT) are prohibited from fishing for
bluefin tuna. However, HMS Charter/Headboat permitted vessels are
authorized to fish recreationally under the Angling category
restrictions and must follow the Angling category retention and size
limits. NMFS believes the final RFD action, in combination with
reducing the daily retention limit that applies on open days (through
this inseason action) 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
[[Page 38675]]
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. This retention limit
adjustment would also be consistent with ICCAT Recommendation 21-07,
which increases the U.S. baseline quota and subquotas slightly. The
implementing final rule is effective July 1, 2022 (87 FR 33049, June 1,
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 both to
adhere to the subquota time period 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 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)).
Given these considerations, NMFS has determined that a one-fish
General category retention limit is warranted for the remainder 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. Affording additional prior notice and an opportunity
for public comment on the change in the daily retention limit from
three BFT to 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 three BFT to one fish is
warranted to allow fishermen to take advantage of availability of fish
and of quota.
Delays in decreasing the retention limit may result in the
available June through August subquota time period 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 time 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. 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 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. 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: June 23, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-13831 Filed 6-28-22; 8:45 am]
BILLING CODE 3510-22-P
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