Rule2025-23749
Atlantic Highly Migratory Species; Adjustments to the 2025 North Atlantic Albacore Tuna, North and South Atlantic Swordfish, and Atlantic Bluefin Tuna Category Quotas
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Published
December 23, 2025
Effective
December 23, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS adjusts the 2025 baseline quotas for U.S. North Atlantic albacore tuna (northern albacore) and North and South Atlantic swordfish quotas based on 2024 underharvest and applicable international quota transfers. NMFS also adjusts the 2025 Atlantic bluefin tuna category subquotas based on 2024 overharvest. These temporary adjustments apply throughout the 2025 fishing year and are effective through December 31, 2025 (for portions of the 2025 fishing year that are already completed, they are considered to apply retrospectively). These actions are necessary to implement the 2025 quotas consistent with the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Full annual baseline allocations will be available to U.S. harvesters starting January 1, 2026. Note that NMFS intends to take separate action as soon as possible in 2026 to modify the baseline Atlantic bluefin tuna quota consistent with the quota agreed to at the 2025 ICCAT annual meeting.
Full Text
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<title>Federal Register, Volume 90 Issue 244 (Tuesday, December 23, 2025)</title>
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[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Rules and Regulations]
[Pages 60017-60020]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23749]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 240916-0238; RTID 0648-XF352]
Atlantic Highly Migratory Species; Adjustments to the 2025 North
Atlantic Albacore Tuna, North and South Atlantic Swordfish, and
Atlantic Bluefin Tuna Category Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota adjustment.
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SUMMARY: NMFS adjusts the 2025 baseline quotas for U.S. North Atlantic
albacore tuna (northern albacore) and North and South Atlantic
swordfish quotas based on 2024 underharvest and applicable
international quota transfers. NMFS also adjusts the 2025 Atlantic
bluefin tuna category subquotas based on 2024 overharvest. These
temporary adjustments apply throughout the 2025 fishing year and are
effective through December 31, 2025 (for portions of the 2025 fishing
year that are already completed, they are considered to apply
retrospectively). These actions are necessary to implement the 2025
quotas consistent with the recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT) as required
by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic
management objectives under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). Full annual baseline
allocations will be available to U.S. harvesters starting January 1,
2026. Note that NMFS intends to take separate action as soon as
possible in 2026 to modify the baseline Atlantic bluefin tuna quota
consistent with the quota agreed to at the 2025 ICCAT annual meeting.
DATES: Effective December 23, 2025, through December 31, 2025.
FOR FURTHER INFORMATION CONTACT: Steve Durkee (<a href="/cdn-cgi/l/email-protection#5b282f3e2d3e753f2e29303e3e1b35343a3a753c342d"><span class="__cf_email__" data-cfemail="c9babdacbface7adbcbba2acac89a7a6a8a8e7aea6bf">[email protected]</span></a>)
or Carrie Soltanoff (<a href="/cdn-cgi/l/email-protection#b8dbd9cacad1dd96cbd7d4ccd9d6d7dedef8d6d7d9d996dfd7ce"><span class="__cf_email__" data-cfemail="12717360607b773c617d7e66737c7d7474527c7d73733c757d64">[email protected]</span></a>) by email or phone at
301-427-8503.
SUPPLEMENTARY INFORMATION: U.S. northern albacore, swordfish, and
bluefin tuna fisheries, are managed under the authority of ATCA (16
U.S.C. 971 et seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.). The Highly Migratory Species Fishery Management Plan (HMS FMP)
and its amendments are implemented by regulations at 50 CFR part 635.
Section 635.27(a) implements the ICCAT-recommended quota and describes
the annual quota adjustment process for bluefin tuna, including in the
event of an overharvest. Section 635.27(c) implements the ICCAT-
recommended quotas and describes the quota adjustment process for both
North and South Atlantic swordfish. Section 635.27(e) implements the
northern albacore annual quota recommended by ICCAT and describes the
annual northern albacore quota adjustment process. NMFS is required
under the Magnuson-Stevens Act to provide U.S. fishing vessels with a
reasonable opportunity to harvest quotas under relevant international
fishery agreements such as the International Convention for the
Conservation of Atlantic Tunas, which is implemented domestically
pursuant to ATCA.
Consistent with the relevant binding ICCAT Recommendations and the
requirements under the Magnuson-Stevens Act, this action adjusts the
2025 baseline quotas for U.S. North Atlantic albacore tuna (northern
albacore) and North and South Atlantic swordfish quotas based on 2024
underharvest and applicable international quota transfer. This action
also adjusts the 2025 Atlantic bluefin tuna category subquotas based on
2024 overharvest. These temporary adjustments apply throughout the 2025
fishing year and are effective through December 31, 2025 (for portions
of the 2025 fishing year that are already completed, they are
considered to apply retrospectively). Furthermore, these temporary
adjustments are consistent with the quota levels that NMFS considered
throughout 2025 when taking actions during the fishing year to adjust
the bluefin tuna retention limits and close bluefin tuna quota
categories (e.g., 90 FR 25158, June 16, 2025; 90 FR 45152, September
19, 2025). Full annual baseline allocations will be available to U.S.
harvesters starting January 1, 2026. Once complete catch information
for fishing year 2025 is available, NMFS will determine whether any
resulting adjustments to 2026 quotas are necessitated based on ICCAT
overharvest requirements or underharvest carryover allowances.
Additionally, NMFS plans to take action as soon as possible in 2026 to
modify the baseline bluefin tuna quota consistent with the quota that
was agreed to at the 2025 ICCAT annual meeting.
Note that, consistent with how the quotas are established, weight
information for northern albacore and bluefin tuna below is shown in
metric tons (mt) whole weight (ww), and weight information for
swordfish is shown in both dressed weight (dw) and ww.
Northern Albacore Annual Quota and Adjustment Process
Consistent with the northern albacore quota regulations at Sec.
635.27(e), NMFS adjusts the U.S. annual northern albacore quota for
allowable underharvest in the previous year. NMFS makes such
adjustments consistent with ICCAT carryover limits, and when complete
catch information for the prior year is available and finalized. The
baseline quota is 889.4 mt. The maximum underharvest that may be
carried forward from one year to the next is 25 percent of its baseline
quota, thus 222.4 mt.
For 2024, the adjusted quota was 1,067.3 mt (89 FR 77029, September
20, 2024). In 2024, the United States landed 228.4 mt of northern
albacore which is 838.9 mt less than the 2024 adjusted quota. This
underharvest exceeds the
[[Page 60018]]
222.4-mt underharvest carryover limit allowed under Recommendation 23-
05; therefore, only 222.4 mt may be carried forward to the 2025 fishing
year. Thus, the adjusted 2025 northern albacore quota will be 1,111.8
mt (889.4-mt baseline quota + 222.4-mt carryover = 1,111.8 mt) (table
1).
Table 1--2024 Northern Albacore Quota
------------------------------------------------------------------------
Northern albacore quota (mt ww) 2024 2025
------------------------------------------------------------------------
Baseline Quota.......................... 889.4 889.4
Underharvest from Previous Year......... 708.9 838.9
Underharvest Carryover from Previous (+) 177.9 (+) 222.4
Year [dagger]..........................
Adjusted Quota (Baseline + Underharvest) 1,067.3 1,111.8
------------------------------------------------------------------------
[dagger] Allowable underharvest carryover is capped at 25 percent of the
baseline quota allocation (222.4 mt ww).
North and South Atlantic Swordfish Annual Quota and Adjustment Process
North Atlantic Swordfish
Consistent with the North Atlantic swordfish quota regulations at
Sec. 635.27(c), in this action, NMFS adjusts the 2025 U.S. annual
North Atlantic swordfish quota for allowable underharvest from 2024.
NMFS makes such adjustments consistent with ICCAT carryover limits and
when complete catch information for the prior year is available and
finalized. The U.S. North Atlantic swordfish baseline annual quota is
2,937.6 mt dw (3,907 mt ww).
As codified at Sec. 635.27(c)(3), the maximum North Atlantic
swordfish underharvest that may be carried forward from one year to the
next is 15 percent of the baseline quota, which equates to 440.6 mt dw
(586 mt ww). For 2024, the adjusted North Atlantic swordfish quota was
3,227.8 mt dw (89 FR 77029, September 20, 2024). In 2024, U.S. landings
of North Atlantic swordfish, which includes landings and dead discards,
was 669.5 mt dw, which is 2,558.3 mt dw less than the 2024 adjusted
quota. This underharvest exceeds the 440.6-mt dw underharvest carryover
limit allowed; therefore, only 440.6 mt dw may be carried forward to
the 2025 fishing year. Additionally, specific to only 2025, ICCAT
Recommendation 24-10 provides for a transfer of quota from the United
States to Costa Rica of 225.6 mt dw (300 mt ww).
Thus, the adjusted 2025 North Atlantic swordfish quota will be
3,152.6 mt dw (2,937.6-mt dw baseline quota + 440.6-mt dw underharvest-
225.6-mt dw quota transfer to Costa Rica = 3,152.6 mt dw). From the
adjusted quota and consistent with Sec. 635.27(c)(1)(i), 50 mt dw
would be allocated to the Reserve category for inseason adjustments and
research; 300 mt dw would be allocated to the incidental category,
which covers recreational landings and landings by incidental swordfish
permit holders; and the remainder of the adjusted quota (2,802.6 mt dw)
would be allocated to the directed category, which will be split
equally between two seasons in 2025 (January through June, and July
through December) (table 2).
Table 2--2025 North Atlantic Swordfish Quotas
------------------------------------------------------------------------
North Atlantic swordfish quota (mt dw) 2024 2025
------------------------------------------------------------------------
Baseline Quota.......................... 2,937.6 2,937.6
International Quota Transfers *......... (-) 150.4 (-) 225.6
Underharvest from Previous Year......... 2,369.9 2,558.3
Underharvest Carryover from Previous (+) 440.6 (+) 440.6
Year [dagger]..........................
Adjusted Quota (Baseline + Carryover + 3,227.8 3,152.6
Transfer)..............................
Quota Allocation:
Directed Category................... 3,028.2 2,802.6
Incidental Category................. 300 300
Reserve Category.................... 50 50
------------------------------------------------------------------------
* Under ICCAT Recommendation 23-04, the United States transferred 150.4
mt dw (200 mt ww) to Morocco in 2024. Under ICCAT Recommendation 24-
10, the United States would transfer 225.6 mt dw (300 mt ww) to Costa
Rica in 2025.
[dagger] Allowable underharvest carryover is capped at 15 percent of the
baseline quota (440.6 mt dw).
South Atlantic Swordfish
Consistent with the South Atlantic swordfish quota regulations at
Sec. 635.27(c), NMFS adjusts the U.S. annual South Atlantic swordfish
quota for allowable underharvest, if any, in the previous year. NMFS
makes such adjustments, if needed, consistent with ICCAT carryover
limits and when complete catch information for the prior year is
available and finalized. Consistent with ICCAT Recommendation 17-03 as
amended by Recommendation 22-04, the U.S. South Atlantic swordfish
baseline annual quota is 75.2 mt dw (100 mt ww), and the amount of
underharvest that the United States can carry forward from one year to
the next is 75.2 mt dw (100 mt ww) (table 3). In 2024, there were no
landings of South Atlantic swordfish by U.S. fishermen, which is an
underharvest of 75.2 mt dw of the 2024 adjusted quota. Of that
underharvest, 75.2 mt dw may be carried forward to the 2025 fishing
year. Under Recommendations 17-03 and 22-04, the United States
continues to transfer a total of 75.2 mt dw (100 mt ww) to other
countries. These transfers are 37.6 mt dw (50 mt ww) to Namibia, 18.8
mt dw (25 mt ww) to C[ocirc]te d'Ivoire, and 18.8 mt dw (25 mt ww) to
Belize. Thus, the adjusted 2025 South Atlantic swordfish quota will be
75.2 mt dw (table 3).
[[Page 60019]]
Table 3--2025 South Atlantic Swordfish Quotas
------------------------------------------------------------------------
South Atlantic swordfish quota (mt dw) 2024 2025
------------------------------------------------------------------------
Baseline Quota.......................... 75.2 75.2
International Quota Transfers *......... (-) 75.2 (-) 75.2
Underharvest from Previous Year......... 75.2 75.2
Underharvest Carryover from Previous 75.2 75.2
Year [dagger]..........................
Adjusted quota (Baseline + Carryover + 75.2 75.2
Transfers).............................
------------------------------------------------------------------------
* Under ICCAT Recommendation 22-04, the United States transfers 75.2 mt
dw (100 mt ww) annually as follows: Namibia (37.6 mt dw, 50 mt ww),
C[ocirc]te d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25
mt ww).
[dagger] Allowable underharvest carryover is capped at 75.2 dw (100 mt
ww) for the South Atlantic.
Bluefin Tuna Annual Quota, Subquotas, and Adjustment Process
Consistent with the bluefin tuna quota regulations at Sec.
635.27(a), in this action, NMFS adjusts the 2025 U.S. annual bluefin
tuna quota and subquotas due to an overharvest in 2024. NMFS makes such
temporary adjustments consistent with ICCAT overharvest requirements
and when complete catch information for the prior year is available and
finalized. The 2025 U.S. bluefin tuna baseline annual quota is 1,316.14
mt, not including an additional annual 25-mt allocation allocated for
incidental catch by pelagic longline vessels fishing in the Northeast
Distant gear restricted area (NED). As described above, these temporary
adjustments apply throughout the 2025 fishing year and are effective
through December 31, 2025 (for portions of the 2025 fishing year that
are already completed, they are considered to apply retrospectively).
Furthermore, these temporary adjustments are consistent with the quota
levels that NMFS considered throughout 2025 when taking actions during
the fishing year to adjust bluefin tuna retention limits and close
bluefin tuna quota categories (e.g., 90 FR 25158, June 16, 2025; 90 FR
45152, September 19, 2025).
Per the regulatory formula established at 50 CFR 635.27(a), the
baseline bluefin tuna quota is divided among domestic quota categories
according to the following percentages: General--54 percent (710.7 mt);
Angling--22.6 percent (297.4 mt); Longline--15.9 percent (209.3 mt)
(i.e., total not including the 25-mt allocation for the NED); Harpoon--
4.5 percent (59.2 mt); Trap--0.1 percent (1.3 mt); and Reserve--2.9
percent (38.2 mt). Note that any fishing under exempted fishing
permits, scientific research permits, and display permits per the
regulations at Sec. 635.32 is accounted against the school reserve or
Reserve quota (Sec. 635.27(a)(6)) depending on the size of the fish.
Under ICCAT Recommendation 22-10, if, in a given year, any ICCAT
Party has an overharvest of its total quota, its initial quota for the
next year will be reduced by 100 percent of the excess of such total
quota, and ICCAT may authorize other appropriate actions. Further, if
an ICCAT Party has an overharvest of its total quota during any two
consecutive years, ICCAT will recommend appropriate measures, which may
include, but are not limited to, reduction in the ICCAT Party's total
quota equal to a minimum of 125 percent of the overharvest amount and,
if necessary, trade restrictive measures. Additionally, under the
regulations at Sec. 635.27(a)(9), on an annual basis, based on
landing, catch statistics, and other available information, if NMFS
determines that catches from the previous year indicates that a bluefin
tuna quota for any category or, as appropriate, subcategory has been
exceeded (overharvest), NMFS may subtract all or a portion of the
overharvest from that quota category or subcategory for the following
fishing year.
The 2024 adjusted bluefin tuna quota was 1,475.2 mt (89 FR 77029,
September 20, 2024). The total U.S. bluefin tuna catch (which includes
landings and pelagic longline dead discards) in 2024 was 1,616.4 mt.
Thus, the U.S. catch exceeded the 2024 adjusted quota by 141.2 mt. As
such, consistent with the ICCAT Recommendation 22-10 and the
regulations, NMFS is reducing the overall 2025 quota by 141.2 mt.
Subtracting the total overharvest amount of 141.2 mt from the 2025 U.S.
baseline quota of 1,341.14 mt (including the 25-mt set-aside for the
NED) results in a total adjusted quota of 1,199.94 mt for 2025.
Also, consistent with Sec. 635.27(a)(9), NMFS is adjusting the
subquotas of the categories that exceeded their quota. Catches by the
following three bluefin tuna quota categories contributed to the 2024
overharvest: 78 percent by the Angling category, 19 percent by the
General category, and 3 percent by the Harpoon category. Applying those
percentages to the total overharvest amount of 141.2 mt results in the
pro rata reductions shown in table 4. The resulting 2025 adjusted quota
and subquota allocations can be found in table 4.
Table 4--Baseline Bluefin Tuna Quotas and Subquotas and 2025 Adjusted Quotas and Subquotas
----------------------------------------------------------------------------------------------------------------
Pro rata
Baseline quota and reductions to 2025 adjusted
subquotas (mt) categories for quota and
2025 (mt) subquotas (mt)
----------------------------------------------------------------------------------------------------------------
Subquotas:
General category................................ 710.7 -26.8 683.9
Harpoon category................................ 59.2 -4.3 54.9
Longline category............................... 209.3 .................. 209.3
Trap category................................... 1.3 .................. 1.3
Angling category................................ 297.4 -110.1 187.3
Reserve category................................ 38.2 .................. 38.2
NED set-aside (for use by the Longline category) 25 .................. 25
-----------------------------------------------------------
Annual Total U.S. quota..................... 1,341.14 -141.2 1,199.94
----------------------------------------------------------------------------------------------------------------
[[Page 60020]]
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 AA finds that pursuant to 5 U.S.C. 553(b)(B), it is unnecessary
to provide prior notice of, and an opportunity for public comment on,
this action for the following reasons. The rulemaking processes for
Amendment 13 to the 2006 Consolidated HMS FMP (87 FR 59966, October 3,
2022), the 2022 Atlantic bluefin tuna and northern albacore quota rule
(87 FR 33049, June 1, 2022), and the 2016 North and South Atlantic
Swordfish Quota Adjustment Rule (81 FR 48719, July 26, 2016)
specifically provided prior notice of, and accepted public comment on,
the formulaic quota adjustment processes for the northern albacore,
Atlantic bluefin tuna, and swordfish fisheries and the manner in which
they occur. These processes have not changed, and the application of
these formulas to adjust the relevant quotas is a routine action that
does not have discretionary aspects requiring additional agency
consideration. Additionally, similar actions to adjust the quotas based
on finalized information regarding the previous year's landings occur
annually, and the regulated community expects such adjustments in 2025.
NMFS has also informed fishery participants through various management
actions throughout the 2025 fishing season of the pending quota
adjustments. The delay that would result from unnecessarily soliciting
public comments would interfere with management of the fisheries at
issue. These fisheries are currently open and permit holders are
actively fishing, and delay thus raises the risk that the quotas could
be exceeded. For all of these reasons, it is unnecessary to provide
prior notice and an additional opportunity for public comment on this
action.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the date of effectiveness and to make the rule effective upon
the date of publication in the Federal Register. As described above,
this is a routine action that applies existing quota adjustment
formulas, and that the regulated community anticipates annually. The
2025 fisheries for northern albacore, North and South Atlantic
swordfish, and bluefin tuna opened on January 1, 2025, and end on
December 31, 2025. As noted above, these fisheries are currently open,
permit holders are actively fishing, and the adjusted quotas
automatically revert back to the baseline quotas on January 1, 2026. As
such, there is no need to delay the effective date of this rule's quota
adjustments. Any further delay would be contrary to the Magnuson-
Stevens Act requirement to allow U.S. vessels reasonable opportunity to
harvest highly migratory species allocations and quotas under relevant
international fishery agreements such as ICCAT.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: December 19, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2025-23749 Filed 12-22-25; 8:45 am]
BILLING CODE 3510-22-P
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