Rule2023-11383
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General 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 30, 2023
Effective
June 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the General category bluefin tuna (BFT) daily retention limit from the default of one large medium or giant 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 time period until further modified.
Full Text
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<title>Federal Register, Volume 88 Issue 103 (Tuesday, May 30, 2023)</title>
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[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Rules and Regulations]
[Pages 34454-34456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11383]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XC999]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category Retention Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; retention limit adjustment.
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SUMMARY: NMFS is adjusting the General category bluefin tuna (BFT)
daily retention limit from the default of one large medium or giant 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 time period
until further modified.
DATES: Effective June 1, 2023, through August 31, 2023, or until NMFS
announces via an action in the Federal Register another adjustment to
the retention limit.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#7e121f0c0c07500c1b1a1a3e10111f1f50191108"><span class="__cf_email__" data-cfemail="1975786b6b60376b7c7d7d5977767878377e766f">[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.
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
General category baseline quota is 710.7 mt. This baseline quota is
further subdivided into subquotas by time period. The baseline subquota
for the June through August time period is 355.4 mt. 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)(7).
NMFS has considered all of the relevant determination criteria and
their applicability to the General category BFT retention limit for the
June through August time period. 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/
[[Page 34455]]
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 time period limit), whether a vessel fishing under the
General category retention limit takes a 2-day trip or makes two trips
in 1 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
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 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)(7)(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
subquota for the June through August time period to be reached. If
catch rates increase, NMFS could take another action to reduce the trip
limit to ensure the fishery would remain open throughout the June
through August time period. In 2022, NMFS took similar action to
increase the retention limit to three BFT per vessel in the first part
of the June through August time period (87 FR 32094, May 27, 2022).
When catch rates increased in late June, NMFS reduced the retention
limit from three BFT per vessel back to the default limit of one BFT
per vessel (87 FR 38673, June 29, 2022). 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 2, 2022, 94 percent
of the trips landed one BFT; 4 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 2023 through March 2024 (88 FR 13771, March 6, 2023). If
finalized, this proposed rule would further increase the likelihood
that the fishery would remain open throughout the June through August
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
Recommendation 22-10, 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 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 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)(7)(x)). NMFS anticipates that General category participants
in all areas and time periods will have opportunities to harvest the
General category quota in 2023, 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)(7)(iv)), and, potentially, additional inseason adjustments.
General category harpoon landings have averaged less than 5 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 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, NMFS has determined that a three-fish
General category retention limit is warranted for the beginning of the
June through August time period. This retention limit would provide a
reasonable opportunity to harvest the available U.S. BFT quota
(including the expected increase in available 2023 quota based on 2022
underharvest), without exceeding it, while maintaining an equitable
[[Page 34456]]
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="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 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="https://www.hmspermits.noaa.gov">https://www.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 pursuant to 5
U.S.C. 533(b)(B), there is good cause to waive prior notice and
opportunity to provide comment on this action, as notice and comment
would be impracticable and contrary to 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 an opportunity for public comment on the change in the
daily retention limit from the default level for the June through
August 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 action 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="https://www.hmspermits.noaa.gov">https://www.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.
Adjustment of the General category retention limit needs to be
effective June 1, 2023, 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.
For all of the above reasons, the AA finds that pursuant to 5
U.S.C. 553(d), there is also good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-11383 Filed 5-25-23; 8:45 am]
BILLING CODE 3510-22-P
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