Rule2025-07490
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category and Harpoon Category Retention Limit Adjustments
Primary source
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Published
May 6, 2025
Effective
June 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the daily retention limits for the bluefin tuna (BFT) General and Harpoon categories. Specific to the General category, NMFS is adjusting the daily retention limit for the month of June from the default of three large medium or giant 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 daily retention limit will be effective for the month of June or until further modified. Specific to the Harpoon category, NMFS is modifying the 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 2025 Harpoon category fishing season, which concludes on November 15, 2025, or until further modified.
Full Text
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<title>Federal Register, Volume 90 Issue 86 (Tuesday, May 6, 2025)</title>
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[Federal Register Volume 90, Number 86 (Tuesday, May 6, 2025)]
[Rules and Regulations]
[Pages 19130-19133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07490]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XE816]
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 adjustments.
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SUMMARY: NMFS is adjusting the daily retention limits for the bluefin
tuna (BFT) General and Harpoon categories. Specific to the General
category, NMFS is adjusting the daily retention limit for the month of
June from the default of three large medium or giant 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
daily retention limit will be effective for the month of June or until
further modified. Specific to the Harpoon category, NMFS is modifying
the 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 2025 Harpoon
category fishing season, which concludes on November 15, 2025, or until
further modified.
DATES: The adjusted retention limit for the General category will be
effective June 1, 2025, through June 30, 2025 or until NMFS announces
via a notice in the Federal Register another adjustment to the
retention limit. The adjusted retention limit for the Harpoon category
will be effective from June 1, 2025, through November 15, 2025, or
until NMFS announces via a notice in the Federal Register another
adjustment to the retention limit.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#adc1ccdfdfd483dfc8c9c9edc3c2cccc83cac2db"><span class="__cf_email__" data-cfemail="e18d80939398cf93848585a18f8e8080cf868e97">[email protected]</span></a>,
or Ann Williamson, <a href="/cdn-cgi/l/email-protection#f3929d9ddd849a9f9f9a929e809c9db39d9c9292dd949c85"><span class="__cf_email__" data-cfemail="60010e0e4e17090c0c09010d130f0e200e0f01014e070f16">[email protected]</span></a>, by email or by phone at
301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the
2006 Consolidated Highly Migratory Species Fishery Management Plan (HMS
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.). ATCA is the implementing statute for binding
recommendations of the International Commission for the Conservation of
Atlantic Tunas (ICCAT). The HMS FMP and its amendments are implemented
by regulations are at 50 CFR part 635. Section 635.27(a) divides the
U.S. BFT quota, established by ICCAT and as implemented by the United
States among the various domestic fishing categories, per the
allocations established in the 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.
On January 20, 2025, President Trump issued Executive Order (E.O.)
14172 (Restoring Names that Honor American Greatness). As part of the
order, the Gulf of Mexico is renamed as the Gulf of America. Consistent
with the order, this action uses Gulf of America for all references to
the area known as the Gulf of Mexico in the specific regulations at 50
CFR part 635.
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
baseline quota for the General category is 710.7 mt. The General
category baseline quota is suballocated to different time periods.
Relevant to this action, the baseline subquota for the June through
August time period is 355.4 mt. As described at Sec. 635.23(a)(2), the
month of June has a default General category daily retention limit of
three large medium or giant BFT (measuring 73 inches (185 cm) curved
fork length (CFL) or greater) per vessel per day/trip while all other
open months (i.e., January through March and July through December)
have a retention limit of one large medium or giant BFT. The General
category daily retention limit 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 (185 cm) to less than 81 inches (206 cm)
CFL) per vessel per day/trip. As an example, 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
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limit of large medium and giant BFT over a range of zero to five BFT
per vessel (see Sec. 635.23(a)(3)). 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 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 four large
medium BFT per vessel per day (see Sec. 635.23(d)(2)).
As described below, 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 decrease the daily retention limit from
three to one large medium or giant BFT per vessel per day/trip for the
month of June. Because the default retention limit for the months of
July and August is already one large medium or giant BFT per vessel per
day/trip, this adjustment to the June retention limit means that the
retention limit for the entire June through August time period will be
one large medium or giant BFT per vessel per day/trip until NMFS
announces via a notice 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 (185 cm) 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 2025
Harpoon category fishing season, which concludes on November 15, 2025,
or until NMFS announces via a notice 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 (see Sec.
635.23(a)(4) for General category and Sec. 635.23(d)(3) for Harpoon
category). 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 one 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 areas, except for the Gulf of America, 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 in the General
and Harpoon categories 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. Prior to this year, the default General category
daily retention limit in June was one BFT per vessel; the default limit
was increased to three fish in a General category effort control rule
in 2024 (89 FR 47095, May 31, 2024). In past years, given the typically
slow catch rates in early June in the General category, NMFS would
increase the retention limit from one BFT to three BFT per vessel for a
short period of time, and when catch rates increased in late June, NMFS
would reduce the retention limit from three BFT per vessel back to the
default limit of one BFT per vessel. In these actions, NMFS often noted
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. However, landings in June 2024 were higher
than past years (e.g., 78 mt in 2024 compared to 58 and 46 mt in 2022
and 2023, respectively). Additionally, high landing rates earlier this
year indicate there are a number of commercial-sized BFT available. As
such, NMFS anticipates that landings during this time period this year
will be similar to, or could exceed, 2024 landings. Given the
possibility of heavy landings in June, NMFS believes decreasing the
daily retention limit to one BFT would assist in extending the time it
takes to harvest the June through August subquota and avoiding
premature closure. NMFS notes that in 2020, NMFS maintained a retention
limit of one BFT per vessel for the General category June through
August time period and a closure of that time period was not needed. If
catch rates are lower than expected, NMFS could take another action
later in the season to increase the trip limit.
NMFS also considered the catches of the Harpoon category quota in
recent years (i.e., most recently in 2024). 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 could assist in
extending the time required to fully harvest the quota. If catch rates
are lower than expected, NMFS could take another action later in the
season to increase the trip limit.
NMFS also considered the effects of these retention limit
adjustments on the BFT stock and the effects of the adjustment on
accomplishing the objectives of the 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 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
[[Page 19132]]
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. 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 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 2025 through
proactive inseason management, such as adjustments to retention limits,
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. In past years NMFS noted that 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.
However, in light of anticipated heavy landings for the June through
August time period, NMFS believes a one-fish retention limit will
provide equitable fishing opportunities for all General category
participants to harvest the June through August subquota. 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 equitable
fishing opportunities for all Harpoon category participants.
Given these considerations, NMFS has determined that a one-fish
daily retention limit for the General category and a five-fish
(combined) daily 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, 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 HMS
FMP and amendments.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. Per Sec.
635.5(b)(2)(i)(A), dealers are required to submit landing reports
within 24 hours of 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 per Sec. 635.5(a)(4) 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://hmspermits.noaa.gov">https://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 at
that time, and after consideration of all the criteria specified at
Sec. 635.27(a)(7), NMFS may determine that additional adjustments are
necessary to ensure available subquotas are 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://hmspermits.noaa.gov">https://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 of, and an
opportunity for public comment on, this action because it is
impracticable and contrary to the public interest for the following
reasons. Specifically, the regulations implementing the HMS FMP and its
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
is impracticable and contrary to the public interest as this fishery is
currently underway and, 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 use of a
retention limit unsuitable to the available quota for the period.
Adjustment of the General and Harpoon category retention limits
needs to be effective June 1, 2025, 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. 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 decreasing these retention limits would adversely affect
General category, Harpoon category, and HMS Charter/Headboat permitted
vessels, that would otherwise have an opportunity to harvest BFT if the
fishery were to remain open for as long as feasible throughout the
year. Limited opportunities to harvest the respective quotas may have
negative social and economic impacts for U.S. fishermen that depend
upon catching the available quotas designated in the HMS FMP and
amendments. Analysis of available data shows that adjustment to the BFT
daily retention limits from the default level would decrease any risks
of exceeding the ICCAT-allocated quota. NMFS provides notification of
retention limit adjustments by publishing the
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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://hmspermits.noaa.gov">https://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: April 25, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2025-07490 Filed 5-1-25; 8:45 am]
BILLING CODE 3510-22-P
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