Rule2025-10954
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Angling Category Retention Limit Adjustment
Primary source
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Published
June 16, 2025
Effective
July 1, 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 Atlantic 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 to: one BFT per vessel per day/trip that can measure anywhere from 27 inches (68.5 cm) to less than 73 inches (185 cm) curved fork length (CFL) for private vessels with HMS Angling permits, and two BFT per vessel per day/trip measuring 27 inches (68.5 cm) to less than 73 inches (185 cm) CFL, only one of which can be a large school/small medium-sized fish (47 inches (119 cm) to less than 73 inches (185 cm) CFL), for charter boat vessels and headboat vessels with HMS Charter/Headboat permits when fishing recreationally for BFT. If needed, NMFS could take another action later in the year to modify these retention limits or close the fishery. 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 114 (Monday, June 16, 2025)</title>
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[Federal Register Volume 90, Number 114 (Monday, June 16, 2025)]
[Rules and Regulations]
[Pages 25158-25162]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10954]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193]
RTID 0648-XE977
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
Atlantic 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 to: one BFT
per vessel per day/trip that can measure anywhere from 27 inches (68.5
cm) to less than 73 inches
[[Page 25159]]
(185 cm) curved fork length (CFL) for private vessels with HMS Angling
permits, and two BFT per vessel per day/trip measuring 27 inches (68.5
cm) to less than 73 inches (185 cm) CFL, only one of which can be a
large school/small medium-sized fish (47 inches (119 cm) to less than
73 inches (185 cm) CFL), for charter boat vessels and headboat vessels
with HMS Charter/Headboat permits when fishing recreationally for BFT.
If needed, NMFS could take another action later in the year to modify
these retention limits or close the fishery. These retention limits are
effective in all areas, except for the Gulf of America, where targeted
fishing for BFT is prohibited.
DATES: Effective July 1, 2025 through December 31, 2025 or until NMFS
via the Federal Register announces another adjustment to the retention
limit.
FOR FURTHER INFORMATION CONTACT: Brad McHale, <a href="/cdn-cgi/l/email-protection#99fbebf8fdb7f4faf1f8f5fcd9f7f6f8f8b7fef6ef"><span class="__cf_email__" data-cfemail="21435340450f4c4249404d44614f4e40400f464e57">[email protected]</span></a>, Ann
Williamson, <a href="/cdn-cgi/l/email-protection#e5848b8bcb928c89898c8488968a8ba58b8a8484cb828a93"><span class="__cf_email__" data-cfemail="f2939c9cdc859b9e9e9b939f819d9cb29c9d9393dc959d84">[email protected]</span></a>, or, Larry Redd, Jr.,
<a href="/cdn-cgi/l/email-protection#6d010c1f1f14431f0809092d03020c0c430a021b"><span class="__cf_email__" data-cfemail="7915180b0b00570b1c1d1d3917161818571e160f">[email protected]</span></a>, by email or by phone at 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the
2006 Consolidated Atlantic 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 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 of 297.4 mt 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. The default Angling category daily retention limit is
one school, large school, or small medium BFT per vessel per day/trip
for HMS Angling permitted vessels and HMS Charter/Headboat permitted
vessels when fishing recreationally for BFT (Sec. 635.23(b)(2)). NMFS
recently adjusted the Angling category retention limits from the
default daily retention limit 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, and
two school BFT and zero large school/small medium BFT per vessel per
day/trip for charter boat vessels and headboat vessels with HMS
Charter/Headboat permits when fishing recreationally for BFT (90 FR
23457, June 3, 2025).
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 types, such as
private vessels, charter boats, or headboats.
As described below, 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 BFT per vessel per day/trip that can measure
anywhere from 27 inches (68.5 cm) to less than 73 inches (185 cm) CFL
(i.e., one school, large school, or small medium BFT per vessel per
day/trip).
(2) For both charter boat vessels and headboat vessels with HMS
Charter/Headboat permits when fishing recreationally for BFT, this
action adjusts the limit to two BFT per vessel per day/trip measuring
27 inches (68.5 cm) to less than 73 inches (185 cm) CFL, only one of
which can be a large school/small medium-sized fish (47 inches (119 cm)
to less than 73 inches (185 cm) CFL). In other words, a charter boat
vessel or headboat vessel could land two school-sized fish or could
land one school-sized fish and one large school/small medium-sized
fish.
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 2-day trip or makes two
trips in 1 day, the day/trip retention limit of one BFT applies and may
not be exceeded upon landing.
If needed, NMFS could take another action later in the year to
modify these retention limits or close the fishery.
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
[[Page 25160]]
versa after considering the regulatory determination criteria under
Sec. 635.27(a)(7). These considerations include, but are not limited
to, the following:
NMFS considered the variations in seasonal distribution, abundance,
and migration patterns of BFT, the effects of catch rates in one area
precluding vessels in another area from having a reasonable opportunity
to harvest a portion of the category's quota, and the optimization of
fishing opportunities (Sec. 635.27(a)(7)(vii), (viii), and (x)). In
doing so, NMFS also reviewed the latest information regarding landings
and the availability of BFT on the fishing grounds (Sec.
635.27(a)(7)(ix)). Under the current daily retention limits, only
school BFT may be retained by recreational fishermen. Due 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, school-sized BFT may only be available in certain areas
and during certain times of the year. Currently, the distribution of
school-sized BFT catch is more concentrated between northern New Jersey
and Rhode Island than further north along the east coast. However, in
the summer months, catches of large school/small medium sized BFT tend
to range further north along the east coast to Massachusetts. Thus,
large school/small medium BFT are more geographically spread out.
Through this action, the allowance of large school/small medium sized
BFT for retention would optimize fishing opportunities by providing
additional flexibilities. Furthermore, this retention limit adjustment
should provide more equitable fishing opportunities for fishermen along
the entire coast to retain available BFT and harvest the available
Angling category quota. These adjustments to the retention limits
should assist the fishery in achieving optimum yield on a continuing
basis and optimizing the ability of all permit categories to harvest
available BFT quota allocations.
Regarding the usefulness of information obtained from catches in
the Angling 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. Recreational
fishermen are the only fishermen who land smaller-sized fish. Because
the size data from previous years indicate that a strong year-class is
moving through the fishery, allowing recreational fishermen to land a
variety of sizes now could provide NMFS the data needed to monitor this
year-class and will assist in monitoring the stock overall. Thus,
providing additional opportunity to land BFT in the Angling category
this summer would support the continued collection of a broad range of
data, including size data, for these scientific studies and for stock
monitoring purposes.
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 not alter the established quotas and subquotas, which are
implemented consistent with ICCAT Recommendation 22-10, ATCA, and the
objectives of the HMS FMP and amendments, which include achieving
optimum yield on a continuing basis and optimizing the ability of all
permit categories to harvest available BFT quota allocations (also
related to Sec. 635.27(a)(7)(x)). 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 retention
limit 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.
Regarding the likelihood of a closure if no adjustment is made, the
projected ability of the vessels fishing under the Angling category to
harvest its quota, and the estimated amounts by which quotas for other
categories might be exceeded (Sec. 635.27(a)(7)(ii), (iii), and (iv)),
NMFS considered past landings and landings to date this year for the
Angling category and other categories. While landings and landings
rates in the Angling category are highly variable, the landings
estimates from last year indicate the Angling category exceeded its
2024 quota. Additionally, landings estimates indicate that the 2024
General and Harpoon categories quotas were exceeded. Thus, under Sec.
635.27(a)(9) and consistent with ICCAT requirements, in order to ensure
the overall U.S. quota is not exceeded, NMFS expects to take action
later this year to reduce the various category quotas consistent with
the estimated overharvest. While that action is not yet final, NMFS
must still consider the implications of reduced quotas for various
categories, including the Angling category. Based on that
consideration, and assuming catch rates this year are as high as those
from last year, NMFS believes it is likely that the Angling category
quota may be reached before the end of the fishing year and therefore
the Angling category may need to be closed, potentially later this
summer or fall with this retention limit adjustment. However, after
considering the other criteria, NMFS is adjusting the retention limits
to provide opportunities for anglers to take advantage of the BFT that
are currently available on the fishing grounds. NMFS believes this
adjustment should provide a reasonable opportunity to harvest the
available Angling category quota while maintaining equitable fishing
opportunities across the fishery. If needed, NMFS could take another
action later in the year to modify the retention limits or close the
fishery.
In addition to the specific criteria laid out in Sec.
635.27(a)(7), NMFS considered other relevant factors. Specifically, in
implementing this retention limit adjustment, NMFS considered that
ICCAT recommendations 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 retention 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, 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 and high variability in BFT availability (related to Sec.
635.27(a)(7)(vii)).
Furthermore, 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 the retention
limits established through this action provide
[[Page 25161]]
opportunities to harvest the available large school/small medium BFT
subquota. If needed, NMFS could take another action later in the year
to modify the large school/small medium retention limits or close the
fishery.
Lastly, NMFS has also concluded that implementation of separate
retention 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 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 that 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 current
limits. 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 current 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 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>, 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 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. 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 provide additional
flexibility to maximize fishing opportunities to land the available BFT
quota. It is impracticable for NMFS to have proposed this action
earlier, as it needed to consider and respond to complete 2024 and the
most recent recreational landings data, as well as the most recent
information about daily landing trends and the availability of BFT on
the fishing grounds. If NMFS was to offer a public comment period 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. Rather, as fisheries are
currently underway under the current Angling category daily retention
limit, the additional time between now and July 1 will provide fishery
participants the ability to prepare to utilize the additional
flexibility and fishing opportunity this retention limit adjustment
will provide. Delays in this action from a public comment period would
adversely affect those HMS Angling and HMS Charter/Headboat permitted
vessels that would otherwise have an opportunity to harvest one large
school/small medium BFT per vessel per day/trip, contrary to the public
interest. Analysis of available data shows that adjustment to the BFT
daily retention limit from the current level would result in minimal
risk of exceeding the ICCAT-allocated quota given NMFS's ability to
further adjust the retention limit or close the fishery as needed. 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
[[Page 25162]]
the U.S. BFT quota and the inseason adjustment criteria.
Because this retention limit adjustment relieves a restriction by
providing more flexibility and fishing opportunity to Angling category
participants, it is not subject to the 30-day delayed effectiveness
provision of the Administrative Procedure Act pursuant to 5 U.S.C.
553(d)(1). Under the current daily retention limits, only school BFT
may be retained by recreational fishermen. Due 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,
school-sized BFT may only be available in certain areas and during
certain times of the year. Through this action, the allowance of large
school/small medium sized BFT for retention would optimize fishing
opportunities by providing additional flexibilities.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: June 11, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2025-10954 Filed 6-12-25; 11:15 am]
BILLING CODE 3510-22-P
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