Rule2023-13966
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
June 30, 2023
Effective
July 2, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the General category daily retention limit from three large medium or giant (i.e., measuring 73 inches (185 cm) curved fork length (CFL) or greater) 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 time period.
Full Text
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<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
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[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42272-42275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13966]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193]
RTID 0648-XD085
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category Retention Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 42273]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; retention limit adjustment.
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SUMMARY: NMFS is adjusting the General category daily retention limit
from three large medium or giant (i.e., measuring 73 inches (185 cm)
curved fork length (CFL) or greater) 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 time period.
DATES: Effective July 2, 2023, through August 31, 2023.
FOR FURTHER INFORMATION CONTACT: Erianna Hammond,
<a href="/cdn-cgi/l/email-protection#badfc8d3dbd4d4db94d2dbd7d7d5d4defad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="0366716a626d6d622d6b626e6e6c6d67436d6c62622d646c75">[email protected]</span></a>, 301-427-8503, or Larry Redd, Jr.,
<a href="/cdn-cgi/l/email-protection#2e424f5c5c57005c4b4a4a6e40414f4f00494158"><span class="__cf_email__" data-cfemail="177b7665656e3965727373577978767639707861">[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 currently 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 (i.e., measuring 73 inches (185 cm) CFL or greater) BFT 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
2023 time period from the default daily retention limit of one to three
large medium or giant BFT (88 FR 34454, May 30, 2023). This action
would adjust the daily retention limit back to one large medium or
giant BFT for the remainder of the June through August 2023 time
period.
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
June through August 2023. As described below, 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 (i.e.,
one 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 2023 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 one 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)(7).
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
currently readily available to vessels fishing under the General
category quota. To date, the General category has landed approximately
27.4 mt, representing 8 percent of the General category June through
August time period. If current catch rates continue with the three-fish
daily limit, the available 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 2023 time period in such a way that NMFS believes,
informed by past experience, increases the likelihood that the fishery
will remain open throughout the June through August 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 2023, with the first RFD
scheduled for July 1 (88 FR 33839, June 1, 2023). On an RFD, General
category permitted vessels and
[[Page 42274]]
HMS Charter/Headboat permitted vessels (when fishing commercially for
BFT) are prohibited from fishing for BFT. However, HMS Charter/Headboat
permitted vessels are authorized to fish recreationally under the
Angling category restrictions and must follow the Angling category BFT
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 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 be consistent with and
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. This retention limit
adjustment is consistent with all of the above listed 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)).
Given these considerations, NMFS has determined that a one-fish
General category retention limit is warranted for the remainder of the
June through August 2023 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 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://www.hmspermits.noaa.gov">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="http://www.hmspermits.noaa.gov">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 three BFT to 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 three BFT to one fish is
warranted to allow fishermen to take advantage of availability of fish
and of quota. NMFS could not have proposed this action 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.
Adjustment of the General category 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. Fisheries under the General category daily retention
limit are currently underway and thus prior notice would be contrary to
the public interest. Delays in decreasing the General category
retention limit would 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 long as feasible
throughout the remaining 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. 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://www.hmspermits.noaa.gov">www.hmspermits.noaa.gov</a>.
[[Page 42275]]
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: June 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-13966 Filed 6-28-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 30, 2023.
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