Rule2024-11441
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Angling Category Retention Limit Adjustment
Primary source
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Published
May 24, 2024
Effective
May 23, 2024
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 2024. NMFS is adjusting the Angling category BFT daily retention limit from the default of 1 school, large school, or small medium BFT to: 2 school BFT and 1 large school/small medium BFT per vessel per day/trip for private vessels with HMS Angling permits; 3 school BFT and 1 large school/small medium BFT per vessel per day/trip for charter boat vessels with HMS Charter/Headboat permits when fishing recreationally; and 12 school BFT and 2 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
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<title>Federal Register, Volume 89 Issue 102 (Friday, May 24, 2024)</title>
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[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Rules and Regulations]
[Pages 45776-45778]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11441]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD871]
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.
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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 2024. NMFS is adjusting the Angling
category BFT daily retention limit from the default of 1 school, large
school, or small medium BFT to: 2 school BFT and 1 large school/small
medium BFT per vessel per day/trip for private vessels with HMS Angling
permits; 3 school BFT and 1 large school/small medium BFT per vessel
per day/trip for charter boat vessels with HMS Charter/Headboat permits
when fishing recreationally; and 12 school BFT and 2 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 23, 2024, through December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Anna Quintrell
(<a href="/cdn-cgi/l/email-protection#690807070847181c00071d1b0c05052907060808470e061f"><span class="__cf_email__" data-cfemail="adccc3c3cc83dcd8c4c3d9dfc8c1c1edc3c2cccc83cac2db">[email protected]</span></a>) or Larry Redd, Jr. (<a href="/cdn-cgi/l/email-protection#f09c91828289de82959494b09e9f9191de979f86"><span class="__cf_email__" data-cfemail="cda1acbfbfb4e3bfa8a9a98da3a2acace3aaa2bb">[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 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
[[Page 45777]]
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 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
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Size class Curved fork length
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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).
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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 12 school BFT and 2 large school/
small medium BFT per vessel per day/trip when fishing recreationally
for BFT (i.e., 12 BFT measuring 27 to less than 47 inches (68.5 to less
than 119 cm) and 2 BFT measuring 47 to less than 73 inches (119 to less
than 185 cm)).
Regardless of the duration of a fishing trip, no more than a single
day's retention limit may be possessed or retained at the end of the
trip upon landing. For example, whether a private vessel (fishing under
the Angling category retention limit) takes a two-day trip or makes two
trips in one day, the day/trip retention 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
NMFS has considered all of the relevant determination criteria
under Sec. 635.27(a)(7) and their applicability to this inseason
retention limit adjustment. These considerations include, but are not
limited to, the following:
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 in the Angling category 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)). Specifically, NMFS
considered Angling category landings in 2023, which were approximately
74 percent of the 297.4-mt annual Angling category quota in 2023,
including landings of approximately 12 percent of the available school
BFT quota (134.1 mt) in 2023, under similar daily retention limits as
implemented in this action. Thus, the likelihood of closure of this
segment of the fishery is highly unlikely if no adjustment is made.
Rather, absent retention limit adjustment, NMFS anticipates that the
available 2024 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 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. 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
[[Page 45778]]
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)).
In implementing this retention limit adjustment, NMFS considered
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), as well as input on recreational limits from
the HMS Advisory Panel at its May and September 2023 meetings. The 2023
school BFT landings represented approximately 1.2 percent of the total
U.S. quota for 2023, 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 2023, even 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 26
percent of recent recreational landings for 2023, with the remaining 74
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 access
<a href="https://www.hmspermits.noaa.gov">https://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 (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. 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 for prior notice and opportunity to comment on
this daily retention limit adjustment for the remainder of 2024 at this
time is impracticable. NMFS could not have proposed this action
earlier, as it needed to consider and respond to updated 2023
recreational landings data. 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,
and would support effective management of the BFT fishery. 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 also finds that pursuant to 5
U.S.C. 553(d), there is good cause to waive the 30-day delay in
effectiveness.
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. 2024-11441 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-22-P
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