Rule2023-15065
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Harpoon 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
July 17, 2023
Effective
July 14, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the Harpoon category bluefin tuna (BFT) daily retention limit from the default of no more than 10 large medium and giant BFT (i.e., measuring 73 inches (185 cm) or greater curved fork length (CFL)), combined, to 5 large medium and giant BFT, combined, per vessel per day/trip. This action maintains the incidental daily catch limit of two large medium BFT (measuring 73 inches to less than 81 inches (206 cm)) per vessel per day/trip. This action applies to Atlantic Tunas Harpoon category permitted vessels and will be effective for the remainder of the 2023 Harpoon category fishing season, which ends November 15, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 135 (Monday, July 17, 2023)</title>
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[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Rules and Regulations]
[Pages 45369-45371]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15065]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193]
RTID 0648-XD158
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Harpoon Category Retention Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 45370]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; retention limit adjustment.
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SUMMARY: NMFS is adjusting the Harpoon category bluefin tuna (BFT)
daily retention limit from the default of no more than 10 large medium
and giant BFT (i.e., measuring 73 inches (185 cm) or greater curved
fork length (CFL)), combined, to 5 large medium and giant BFT,
combined, per vessel per day/trip. This action maintains the incidental
daily catch limit of two large medium BFT (measuring 73 inches to less
than 81 inches (206 cm)) per vessel per day/trip. This action applies
to Atlantic Tunas Harpoon category permitted vessels and will be
effective for the remainder of the 2023 Harpoon category fishing
season, which ends November 15, 2023.
DATES: Effective July 14, 2023, through November 15, 2023, or unless
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#dbb7baa9a9a2f5a9bebfbf9bb5b4babaf5bcb4ad"><span class="__cf_email__" data-cfemail="d5b9b4a7a7acfba7b0b1b195bbbab4b4fbb2baa3">[email protected]</span></a>,
301-427-8503 or Ann Williamson, <a href="/cdn-cgi/l/email-protection#61000f0f4f16080d0d08000c120e0f210f0e00004f060e17"><span class="__cf_email__" data-cfemail="98f9f6f6b6eff1f4f4f1f9f5ebf7f6d8f6f7f9f9b6fff7ee">[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
Harpoon category baseline quota is 59.2 mt. As described in Sec.
635.23(d)(1), the overall default Harpoon category daily retention
limit is no more than 10 large medium or giant BFT (i.e., measuring 73
inches (185 cm) CFL or greater), combined, per vessel per day/trip. As
described in Sec. 635.23(d)(2), the incidental daily catch limit is no
more than two large medium BFT (i.e., measuring 73 inches to less than
81 inches (206 cm) CFL) per vessel per day/trip. This retention limit
adjustment applies to Atlantic Tunas Harpoon category permitted
vessels.
Adjustment of Harpoon Category Daily Retention Limit
Under Sec. 635.23(d)(1), NMFS may increase or decrease the overall
daily retention limit of large medium and giant BFT, combined, per
vessel per day over a range of 5 to a maximum of 10 BFT per vessel per
day 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 Harpoon category BFT retention limit for the
remainder of the 2023 Harpoon category fishing season. After
considering these criteria, NMFS has decided to decrease the overall
daily retention limit from the default to no more than five large
medium and giant BFT, combined, per vessel per day/trip (i.e., BFT
measuring 73 inches (185 cm) CFL or greater) for Harpoon category
permitted vessels. This action maintains the incidental daily catch
limit of two large medium BFT (i.e., measuring 73 inches to less than
81 inches (206 cm) CFL) per vessel per day/trip.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example, whether a vessel fishing under
the Harpoon category retention limit takes a 2-day trip or makes two
trips in 1 day, the daily limit of five fish (combined) may not be
exceeded upon landing. This Harpoon category retention limit adjustment
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 Harpoon category.
Consideration of the Determination Criteria
As described above, under Sec. 635.23(d)(1), 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 Harpoon 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 considered the catches of the Harpoon category quota to date
and the likelihood of closure of the Harpoon category if no adjustment
is made (Sec. 635.27(a)(7)(ii)). Commercial-size BFT are currently
readily available to vessels under the Harpoon category quota. To date,
the Harpoon category has landed approximately 42.1 mt, representing 71
percent of the Harpoon category. If catch rates continue with the
default daily limit, the Harpoon category quota will be reached or
exceeded, and NMFS would need to close the fishery earlier than
otherwise would be necessary under a lower 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)). 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. 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
Harpoon category quota without exceeding the annual quota. This
consideration is based on the objectives of the 2006 Consolidated HMS
FMP and its amendments, and
[[Page 45371]]
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)). As discussed above,
NMFS will closely monitor Harpoon category catch rates and actively
adjust the daily retention limit as appropriate to enhance scientific
data collection and ensure fishing opportunities throughout the fishing
season, as well as ensure available quota is not exceeded.
An overall 10 fish (combined) daily retention limit could result in
diminished fishing opportunities for Harpoon category vessels resulting
in the premature closure of the Harpoon category. A five fish
(combined) daily retention limit for the remainder of the fishing
season will provide a greater opportunity to harvest the Harpoon
category quota while maintaining equitable distribution of fishing
opportunities for Harpoon category participants.
Given these considerations, NMFS has determined that a five fish
(combined) Harpoon category retention limit is warranted for the
remainder of the Harpoon category fishing season, unless modified in
another action. 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 Harpoon
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,
Harpoon category 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 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 Harpoon category
fishery 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 Harpoon category BFT, combined,
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 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.
Adjustment of the Harpoon category retention limit needs to be
effective as soon as possible to minimize any unnecessary disruption in
fishing patterns, to allow the impacted sector to benefit from the
adjustment, and to extend fishing opportunities for Harpoon category
participants. Fishing under the Harpoon category daily retention limit
is currently underway and thus prior notice would be contrary to the
public interest. Delays in decreasing Harpoon category retention limit
would adversely affect those Harpoon category vessels that would
otherwise have an opportunity to harvest BFT if the fishery were to
remain open for as long as feasibly possible. 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="https://www.hmspermits.noaa.gov">https://www.hmspermits.noaa.gov</a>.
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: July 12, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-15065 Filed 7-12-23; 4:15 pm]
BILLING CODE 3510-22-P
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