Rule2024-11423
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category and Harpoon Category Retention Limit Adjustments
Primary source
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Published
May 24, 2024
Effective
June 1, 2024
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 subquota time period or until further modified. Additionally, NMFS is modifying the Harpoon category BFT daily retention limit from the default of no more than 10 large medium and giant BFT to 5 large medium or giant BFT. The incidental catch limit of two large medium BFT per vessel per day/trip remains unchanged. These retention limits apply to Atlantic Tunas Harpoon category permitted vessels for the remainder of the 2024 Harpoon category fishing season, which concludes on November 15, 2024, or until further modified.
Full Text
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<title>Federal Register, Volume 89 Issue 102 (Friday, May 24, 2024)</title>
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<body><pre>
[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Rules and Regulations]
[Pages 45779-45781]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11423]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193]
RTID 0648-XD944
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category and Harpoon Category Retention Limit
Adjustments
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 subquota time
period or until further modified. Additionally, NMFS is modifying the
Harpoon category BFT daily retention limit from the default of no more
than 10 large medium and giant BFT to 5 large medium or giant BFT. The
incidental catch limit of two large medium BFT per vessel per day/trip
remains unchanged. These retention limits apply to Atlantic Tunas
Harpoon category permitted vessels for the remainder of the 2024
Harpoon category fishing season, which concludes on November 15, 2024,
or until further modified.
DATES: The adjusted retention limit for the General category is
effective June 1, 2024, through August 31, 2024 or until NMFS announces
in the Federal Register another adjustment to the retention limit. The
adjusted retention limit for the Harpoon category is effective from
June 1, 2024, through November 15, 2024, or until NMFS announces in the
Federal Register another adjustment to the retention limit.
FOR FURTHER INFORMATION CONTACT: Anna Quintrell
(<a href="/cdn-cgi/l/email-protection#a8c9c6c6c986d9ddc1c6dcdacdc4c4e8c6c7c9c986cfc7de"><span class="__cf_email__" data-cfemail="5c3d32323d722d293532282e3930301c32333d3d723b332a">[email protected]</span></a>) or Larry Redd, Jr. (<a href="/cdn-cgi/l/email-protection#cba7aab9b9b2e5b9aeafaf8ba5a4aaaae5aca4bd"><span class="__cf_email__" data-cfemail="2c404d5e5e55025e4948486c42434d4d024b435a">[email protected]</span></a>) at
301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the
2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments,
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS
implementing regulations are at 50 CFR part 635. Section 635.27 divides
the U.S. BFT quota, established 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 at 16
U.S.C. 1854(g)(1)(D) 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 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 baseline
quota for the General category is 710.7 mt. 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)).
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, 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. If the vessel owner/operator retains two large
medium BFT during a day/trip under these default retention limits, they
may retain a maximum of 8 giant BFT on that same day/trip.
Adjustment of General and Harpoon Category Daily Retention Limits
NMFS may increase or decrease the General or Harpoon category daily
retention limits after considering the regulatory determination
criteria under Sec. 635.27(a)(7). For the General category, NMFS may
adjust the daily retention limit of large medium and giant BFT over a
range of zero to five BFT per vessel (see Sec. 635.23(a)(4)). For the
Harpoon category, NMFS may adjust 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 (see Sec.
635.23(d)(1)). NMFS may also adjust the incidental daily catch limit
for the Harpoon category over a range of two to a maximum of four large
medium BFT per vessel per day (see Sec. 635.23(d)(2)).
NMFS has considered all relevant determination criteria for
adjusting the BFT retention limits in both the General and Harpoon
categories. For the General category, after evaluating 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. This
adjustment would apply to the June through August time period or until
NMFS announces in the Federal Register another adjustment to the
retention limit.
For the Harpoon category, NMFS has decided to decrease the overall
daily retention limit 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). 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. As such, if two large
medium BFT are retained during a day/trip, no more than three giant BFT
may be retained on the same day/trip. Similarly, if no large medium BFT
are retained, then all five BFT could be giant BFT. This adjustment
would apply from June 1 through the remainder of the 2024 Harpoon
category fishing season, which concludes on November 15, 2024, or until
NMFS announces in the Federal Register another adjustment to the
retention limit.
Regardless of the duration of a fishing trip, no more than a single
day's daily retention limit may be possessed or retained at the end of
the trip for both the General and Harpoon category vessels. For
example, whether a General category vessel takes a 2-day trip or makes
two trips in 1 day during the June through August time period, the
daily limit of three fish may not be exceeded upon landing. Similarly,
a Harpoon category vessel cannot exceed the daily limit of five
combined large medium and giant BFT, regardless of the trip's length or
number of trips in a day. These retention limits are effective in all
[[Page 45780]]
areas, except for the Gulf of Mexico, where NMFS prohibits targeting
fishing for BFT. The General category retention limit applies to
vessels permitted in the General category and to those HMS Charter/
Headboat permitted vessels with a commercial sale endorsement when
fishing commercially for BFT, while the Harpoon category retention
limit applies to those vessels permitted in the Harpoon category.
Consideration of the Determination Criteria
As described above, under Sec. 635.23(a)(4) and (d)(1), NMFS may
adjust the daily retention limit of large medium and giant BFT in the
General and Harpoon categories 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 or 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 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
in the General category, 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
being reached and a closure becoming necessary. 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 2023, NMFS took a similar action to increase the
retention limit to three BFT per vessel in the first part of the June
through August time period (88 FR 34454, May 30, 2023). 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
(88 FR 42272, June 30, 2023). 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 1, 2023, 90 percent of the trips landed one
BFT; 8 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 acknowledges and has taken into account
a previously proposed rule, which, among other provisions, included
proposed measures to designate restricted-fishing days for the General
category from July through November 2024. Additionally, it proposed
setting a default retention limit of three fish during June and one
fish for all other open months (i.e., January through March and July
through December) (89 FR 13667, February 23, 2024). Upon its
finalization, this rule will further enhance the probability of
maintaining an open fishery throughout the subquota time period and
year.
NMFS also considered the catches of the Harpoon category quota in
recent years (i.e., most recently in 2023). As mentioned above,
commercial-size BFT are anticipated to migrate to the fishing grounds
off the northeast U.S. coast by early June. Given the possibility of
high catch rates in early June, decreasing the retention limit from a
combined 10-fish limit to 5-fish per vessel/day would extend the quota
throughout a greater portion of the fishing season. If catch rates are
low with the adjusted daily trip limit, NMFS could take another action
to increase the trip 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)(8)(v) and (vi)).
Adjusting the retention limit for both of these categories 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. Making these
adjustments 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, these retention limit adjustments
are consistent with those objectives.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the available
General category and 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 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
will have opportunities to harvest their quota in 2024 through
proactive inseason management, such as adjustments to retention limits
and timing and amount of quota transfers, as feasible. During the June
through August period, NMFS will closely monitor General category catch
rates associated with various gear types and adjust the daily retention
limit accordingly to enhance scientific data collection and ensure
fishing opportunities align with respective subquotas. Similarly, for
the Harpoon category, NMFS will actively monitor catch rates and adjust
the daily retention limit as needed throughout the fishing season to
facilitate scientific data collection and maintain fishing
opportunities while preventing the exceedance of available quota.
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
[[Page 45781]]
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. For the Harpoon category, an
overall 10 fish (combined) daily retention limit could result in
diminished fishing opportunities, and 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 three-fish
retention limit for the General category and a five-fish (combined)
retention limit for the Harpoon category are warranted for their
respective parts of the fishing season. These retention limits would
provide a reasonable opportunity to harvest the available U.S. BFT
quota (including the expected increase in available 2024 quota based on
2023 underharvest), without exceeding it, while maintaining an
equitable distribution of fishing opportunities; help optimize the
ability of the General category and Harpoon category to harvest their
available quotas; 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 category, Harpoon category, and HMS Charter/Headboat permitted
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 (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635 and
this action 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 limits from the default level for the time periods that
begin in June would be impracticable. Based on available BFT quotas,
recent fishery performance, and the presence of BFT on fishing grounds,
responsive adjustments to both the General and Harpoon category BFT
daily retention limits from their default levels are warranted. These
adjustments aim to enable fishermen to capitalize on the availability
of fish and quota. NMFS could not have proposed these adjustments
earlier as it needed to thoroughly assess updated data and information
concerning fishery conditions and this year's landings. Offering a
public comment period now, after appropriately considering this data,
would prevent fishermen from legally harvesting BFT in alignment with
all regulatory criteria. Additionally, it could lead to the selection
of a retention limit unsuitable to the available quota for the period.
Fisheries under the General and Harpoon 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 limits from the default
level would result in minimal risks of exceeding the ICCAT-allocated
quota. NMFS provides notification of retention limit adjustments 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>.
Adjustment of the General and Harpoon category retention limits
needs to be effective June 1, 2024, 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. Reducing
opportunities to harvest the respective quotas throughout the fishing
season 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 20, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-11423 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-22-P
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