Rule2025-09985
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Angling Category Retention Limit Adjustment
Primary source
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Published
June 3, 2025
Effective
June 3, 2025
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 2025, or until further modified. NMFS is adjusting the Angling category BFT daily retention limit from the default of one school, large school, or small medium BFT to: one school BFT and zero large school/small medium BFT per vessel per day/trip for private vessels with HMS Angling permits; two school BFT and zero large school/small medium BFT per vessel per day/trip for charter boat vessels with HMS Charter/Headboat permits when fishing recreationally for BFT; and two school BFT and zero large school/small medium BFT per vessel per day/trip for headboat vessels with HMS Charter/ Headboat permits when fishing recreationally for BFT. These retention limits are effective in all areas, except for the Gulf of America, where targeted fishing for BFT is prohibited.
Full Text
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<title>Federal Register, Volume 90 Issue 105 (Tuesday, June 3, 2025)</title>
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[Federal Register Volume 90, Number 105 (Tuesday, June 3, 2025)]
[Rules and Regulations]
[Pages 23457-23460]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09985]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XE934]
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 2025, or until further modified. NMFS is
adjusting the Angling category BFT daily retention limit from the
default of one school, large school, or small medium BFT to: one school
BFT and zero large school/small medium BFT per vessel per day/trip for
private vessels with HMS Angling permits; two school BFT and zero large
school/small medium BFT per vessel per day/trip for charter boat
vessels with HMS Charter/Headboat permits when fishing recreationally
for BFT; and two school BFT and zero large school/small medium BFT per
vessel per day/trip for headboat vessels with HMS Charter/
[[Page 23458]]
Headboat permits when fishing recreationally for BFT. These retention
limits are effective in all areas, except for the Gulf of America,
where targeted fishing for BFT is prohibited.
DATES: Effective June 3, 2025 through December 31, 2025 or until NMFS
via a notice in the Federal Register announces another adjustment to
the retention limit.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#5834392a2a21762a3d3c3c1836373939763f372e"><span class="__cf_email__" data-cfemail="a1cdc0d3d3d88fd3c4c5c5e1cfcec0c08fc6ced7">[email protected]</span></a>,
or Ann Williamson, <a href="/cdn-cgi/l/email-protection#e8898686c69f8184848189859b8786a886878989c68f879e"><span class="__cf_email__" data-cfemail="55343b3b7b223c39393c3438263a3b153b3a34347b323a23">[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
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 daily retention limit for any size class of BFT after
considering the regulatory determination criteria 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, charter boats, or headboats.
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 limit as follows:
(1) For private vessels with HMS Angling permits, this action
adjusts the limit to one school BFT and zero large school/small medium
BFT per vessel per day/trip (i.e., one BFT measuring 27 to less than 47
inches (68.5 to less than 119 cm) and zero 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 to two school BFT and zero large school/
small medium BFT per vessel per day/trip when fishing recreationally
for BFT (i.e., two BFT measuring 27 to less than 47 inches (68.5 to
less than 119 cm) and zero 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 to two school BFT and zero large school/small
medium BFT per vessel per day/trip when fishing recreationally for BFT
(i.e., two BFT measuring 27 to less than 47 inches (68.5 to less than
119 cm) and zero 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 one school BFT and
zero large school/small medium BFT applies and may not be exceeded upon
landing.
Consideration of the Determination Criteria
As described above, under Sec. 635.23(b)(3), NMFS may increase or
decrease the retention limit for any size class of BFT, or change a
vessel trip limit to an angler trip limit and vice versa after
considering the regulatory determination criteria under Sec.
635.27(a)(7). 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
[[Page 23459]]
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 the 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)). In addition to Angling
category landings to date in 2025, NMFS considered Angling category
landings in 2024, which totaled 452.7 mt, exceeding the 297.4 mt annual
Angling category quota by 52 percent. School and large school/small
medium BFT landings totaled 152.6 mt and 281.6 mt, exceeding the school
and large school/small medium BFT subquotas by 14 percent and 83
percent, respectively. NMFS notes that the daily retention limits for
private, charter boat, and headboat vessels in 2024 were higher than
the daily retention limits established in this action. Given fishery
performance in recent years and the high availability of BFT on fishing
grounds, it is very likely that under the default daily retention
limits, which allows fishermen to land heavier-weight large school/
small medium BFT the recreational fishery could reach the available
2025 Angling category quota and subquotas relatively early in the
season resulting in a premature closure of the recreational BFT
fisheries. As such, NMFS believes adjusting the daily retention limits
to the levels established in this action, which limits landings to
lower-weight school sized BFT, would assist in extending the time it
takes to harvest the Angling category quota and subquotas. Should
recreational landings be higher or lower than expected, NMFS could take
another action later in the year to further adjust the daily retention
limit or close all or part of the fishery.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the HMS FMP (Sec. 635.27(a)(7)(v) and (vi)). Adjusting the retention
limits 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 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
Angling 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)).
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, see Sec. 635.27(a)(2)), as well as input on
recreational limits from the HMS Advisory Panel in 2024 and most
recently at its May 2025 meeting. The 2024 school BFT landings
represented approximately 11.4 percent of the U.S. baseline annual
quota for 2024, slightly exceeding the ICCAT established 10-percent
limit. In contrast to previous years, NMFS is currently not setting
higher school BFT retention limits than those established in this
action due to the potential risk of exceeding the ICCAT tolerance limit
on school BFT, as well as for 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 and high
variability in BFT availability (related to Sec. 635.27(a)(7)(vii).
Furthermore, as mentioned above, the large school/small medium
quota for 2024 was exceeded. NMFS examined the results of the 2024
fishing year under the applicable daily retention limits, as well as
the observed trend in the recreational fishery toward heavier fish,
particularly in the large school and small medium size classes. NMFS
believes it reasonable to assume that the large school/small medium
subquota would be exceeded quickly under the default daily retention
limit, particularly due to the high availability of large school/small
medium BFT (related to Sec. 635.27(a)(7)(ix). Thus, NMFS believes
prohibiting the retention of large school/small medium BFT is
appropriate at this time. If needed, NMFS could take another action
later in the year to increase the large school/small medium BFT
retention limits. NMFS notes that HMS Angling and HMS Charter/Headboat
permitted vessels (when fishing recreationally for BFT) may continue to
catch and release (or tag and release) large school/small medium BFT.
Lastly, NMFS has also concluded that implementation of separate
limits for private and charter/headboat vessels is appropriate,
recognizing the different nature, social and economic needs, and recent
landings results of these 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 Angling category landings for 2024, with the
remaining 74 percent landed by private vessels. In past years, NMFS has
acknowledged that a higher limit for headboats (than charter boats) was
appropriate, given the limited number of headboats participating in the
BFT fishery. However, given that the Angling category quota and
subquotas in 2024 were exceeded and there is potential risk to
exceeding the 2025 Angling category quota and subquotas, NMFS believes
setting the same charter and headboat daily retention limit is
appropriate at this time.
Given these considerations, NMFS has determined that the Angling
category daily retention limits applicable to HMS Angling and HMS
Charter/Headboat permitted vessels should be adjusted from the default
levels. The retention limits established through this action are
intended to provide a reasonable opportunity to harvest the available
Angling category quota and subquotas, without exceeding them, while
maintaining equitable fishing opportunities. NMFS acknowledges that the
BFT daily retention limits in this action may result in landings during
2025 that could reach or exceed the annual Angling category quota and
subquotas. However, lower retention limits could result in substantial
social and economic impacts for the recreational BFT fishery.
Furthermore, if effort is lower than previous years or if catch rates
are not as high as anticipated, maintaining the default retention limit
could result in an underharvest of the Angling category quota and
subquotas. As described earlier, if needed and appropriate, NMFS could
take another action(s) later
[[Page 23460]]
in the year to increase or decrease the retention limits or close the
fishery. Although NMFS has not closed the recreational fishery prior to
the end of the fishing year in recent years (i.e., the fishery has
remained open through December), the possibility of NMFS needing to
close the fishery earlier in the fishing year (e.g., in the summer or
fall) is more likely this year.
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://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.
Eastern Time).
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://hmspermits.noaa.gov">https://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. 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. Based on
available quotas, fishery performance in recent years, and the
availability of BFT on the fishing grounds, responsive adjustment of
the daily retention limit is warranted to extend fishing opportunities
later into the season. NMFS could not have proposed this action
earlier, as it needed to consider and respond to complete 2024
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 legally available consistent with all of the
regulatory criteria, 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 default Angling category daily
retention limit are currently underway and thus prior notice would be
contrary to the public interest. Delays in this action would adversely
affect those HMS Charter/Headboat permitted vessels that would
otherwise have an opportunity to harvest more than the default
retention limit of one school BFT per day/trip. 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. 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://hmspermits.noaa.gov">https://hmspermits.noaa.gov</a>. 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 28, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2025-09985 Filed 5-29-25; 4:15 pm]
BILLING CODE 3510-22-P
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