Rule2023-09420
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Angling Category Retention Limit Adjustment
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, 2023
Effective
May 3, 2023
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 2023. 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Rules and Regulations]
[Pages 28430-28432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09420]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193]
RTID 0648-XC917
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Angling Category Retention Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; retention limit adjustment.
-----------------------------------------------------------------------
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 2023. 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.
DATES: Effective May 3, 2023 through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Lisa Crawford, <a href="/cdn-cgi/l/email-protection#731f1a00125d10011204151c0117331d1c12125d141c05"><span class="__cf_email__" data-cfemail="ec80859f8dc28f9e8d9b8a839e88ac82838d8dc28b839a">[email protected]</span></a>,
301-427-8503; Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#0f636e7d7d76217d6a6b6b4f61606e6e21686079"><span class="__cf_email__" data-cfemail="f4989586868dda86919090b49a9b9595da939b82">[email protected]</span></a>, 301-427-8503;
Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#0967606a616665687a277f6c657a6c6b666c7b4967666868276e667f"><span class="__cf_email__" data-cfemail="ef81868c8780838e9cc1998a839c8a8d808a9daf81808e8ec1888099">[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 Atlantic 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.
As described in Sec. 635.27(a), the current baseline U.S. BFT
quota is 1,316.14 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
Angling category baseline quota is 297.4 mt. This baseline quota is
further subdivided into subquotas by size class (see Table 1) as
follows: 134.1 mt for school BFT, 154.1 mt for large school/small
medium BFT, and 9.2 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, 119 to less than 150 cm). 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
[[Page 28431]]
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
------------------------------------------------------------------------
Size class Curved fork length
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
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
determination criteria provided under Sec. 635.27(a)(7). 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.
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 (68.5 to less than 119 cm) and one BFT measuring 47 to
less than 73 inches (119 to less than 185 cm)).
(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 (68.5 to less than 119 cm) and one BFT measuring 47 to less than
73 inches (119 to less than 185 cm)).
(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 (68.5 to less than 119 cm) and one BFT measuring 47 to less than
73 inches (119 to less than 185 cm)).
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 2-day trip
or makes two trips in 1 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)(7)(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 recent 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)(7)(ii)). Additionally, NMFS
considered Angling category landings in 2022, which were approximately
93 percent of the 245.9-mt annual Angling category quota in 2022,
including landings of approximately 36 percent of the available school
BFT quota in 2022, under the same daily retention limits as implemented
in this action. Thus, absent retention limit adjustment, NMFS
anticipates that the available 2023 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)(7)(v) and (vi)). These
retention limits would be consistent with established quotas and
subquotas, which are implemented consistent with ICCAT recommendations,
(established in Recommendation 21-07), 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. These retention
limits are 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 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 its
amendments, including to achieve optimum yield on a continuing basis
and to allow all permit categories a reasonable opportunity to harvest
available BFT quota allocations (related to Sec. 635.27(a)(7)(x)).
NMFS considered input on recreational limits from the HMS Advisory
Panel at its May and September 2022 meetings and that ICCAT
recommendations and HMS implementing regulations limit the allowance
for landings of school BFT to 10 percent of the U.S. baseline quota
(i.e., 134.1 mt). The 2022 school BFT landings represented
approximately 3.5 percent of the total U.S. quota for 2022, 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 BFT
availability.
Given that the Angling category landings fell short of the
available Angling category quota in 2022, even
[[Page 28432]]
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, social and 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 43
percent of recent recreational landings for 2022, with the remaining 57
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 BFT fishery.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2023 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 fishery closely. 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 the end of each trip, by accessing <a href="https://www.hmspermits.noaa.gov">https://www.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 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://www.hmspermits.noaa.gov">www.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 for NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), 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. Specifically, 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. Providing prior notice and opportunity for public comment
on this daily retention limit adjustment for the remainder of 2023 at
this time is impracticable. NMFS could not have proposed this action
earlier, as it needed to consider and respond to updated landings data
from the 2022 Angling category. If NMFS was to offer a public comment
period or delay in effective date now, after having appropriately
considered that information, it would preclude the fishery from
harvesting BFT that are available on the fishing grounds that might
otherwise become unavailable during a delay, 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 to the BFT daily retention limit from the default level
would result in minimal risk of exceeding the ICCAT-allocated quota.
Taking this action does not raise conservation and management concerns.
NMFS notes that the public had an opportunity to comment on the
underlying rulemakings that established the U.S. BFT quota and the
inseason adjustment criteria.
For all of the above reasons, the AA finds that pursuant to 5
U.S.C. 553(d), there also is good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: April 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-09420 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 4, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.