Rule2026-00392
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category January Through March Quota Transfer
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2026
Effective
January 8, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 26.0 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the General category December 2026 subquota to the January through March 2026 subquota period. The adjusted General category January through March 2026 subquota is 63.7 mt and the adjusted December 2026 subquota is 11.0 mt. This action is intended to provide further harvest opportunities for General category fishermen, based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic Tunas General category (commercial) permitted vessels and Atlantic Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT. Note that NMFS intends to take separate rulemaking action as soon as possible in 2026 to consider modifying the baseline BFT quota consistent with the quota adopted at the 2025 International Commission for the Conservation of Atlantic Tunas (ICCAT) annual meeting.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Rules and Regulations]
[Pages 1094-1096]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00392]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XF426]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category January Through March Quota Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 26.0 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the General category December 2026 subquota to
the January through March 2026 subquota period. The adjusted General
category January through March 2026 subquota is 63.7 mt and the
adjusted December 2026 subquota is 11.0 mt. This action is intended to
provide further harvest opportunities for General category fishermen,
based on consideration of the regulatory determination criteria
regarding inseason adjustments and applies to Atlantic Tunas General
category (commercial) permitted vessels and Atlantic Highly Migratory
Species (HMS) Charter/Headboat permitted vessels with a commercial sale
endorsement when fishing commercially for BFT. Note that NMFS
[[Page 1095]]
intends to take separate rulemaking action as soon as possible in 2026
to consider modifying the baseline BFT quota consistent with the quota
adopted at the 2025 International Commission for the Conservation of
Atlantic Tunas (ICCAT) annual meeting.
DATES: The quota transfer is effective January 8, 2026, through March
31, 2026.
FOR FURTHER INFORMATION CONTACT: Ann Williamson,
<a href="/cdn-cgi/l/email-protection#4e2f20206039272222272f233d21200e20212f2f60292138"><span class="__cf_email__" data-cfemail="95f4fbfbbbe2fcf9f9fcf4f8e6fafbd5fbfaf4f4bbf2fae3">[email protected]</span></a>, or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#cda1acbfbfb4e3bfa8a9a98da3a2acace3aaa2bb"><span class="__cf_email__" data-cfemail="7e121f0c0c07500c1b1a1a3e10111f1f50191108">[email protected]</span></a>, by
email or phone at 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the
2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments,
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS
implementing regulations are at 50 CFR part 635. Section 635.27(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.
As described in Sec. 635.27(a), the current baseline U.S. BFT
quota is 1,316.14 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 per Sec.
635.27(a)(3)). The General category baseline quota is 710.7 mt. The
General category baseline quota is suballocated to time periods.
Relevant to this action, the baseline subquotas for the January through
March time period and for the December time period are 37.7 mt and 37.0
mt, respectively.
Separate from this action, NMFS is working on a rulemaking that
would implement the 2025 ICCAT recommendation (Recommendation 25-05)
regarding western BFT management. Consistent with that recommendation,
the separate rulemaking action would consider increasing the baseline
U.S. BFT quota from 1,316.14 mt to 1,509.98 mt and adjusting any
subquotas as needed accordingly. In the next few months, NMFS expects
to issue a proposed rule regarding the overall quota increase and
resulting subquota calculations. Any final rule implementing ICCAT
Recommendation 25-05 would likely be effective in mid-2026 or later.
Transfer From the December 2026 Subquota to the January Through March
2026 Subquota
Under Sec. 635.27(a)(1)(ii), NMFS has the authority to transfer
subquota from one time period to another time period through inseason
action after considering determination criteria provided under Sec.
635.27(a)(7). This section focuses on the calculations involved in
transferring quota currently available from the 2026 General category
December time period subquota to the 2026 General category January
through March time period subquota; the consideration of the
determination criteria can be found below after this section.
As stated above, the current baseline subquotas for the January
through March time period and for the December time period are 37.7 mt
and 37.0 mt, respectively. Transferring 26.0 mt from the General
category December time period to the General category January through
March time period, results in an adjusted January through March time
period subquota of 63.7 mt (37.7 mt + 26.0 mt = 63.7 mt), and an
adjusted December time period subquota of 11.0 mt (37.0 mt-26.0 mt =
11.0 mt). The General category quota is available for use by Atlantic
Tunas General category (commercial) permitted vessels and HMS Charter/
Headboat permitted vessels with a commercial sale endorsement when
fishing commercially for BFT. In previous years, NMFS has taken similar
action to transfer quota from the General category December subquota to
the January through March time period subquota (e.g., 90 FR 2638,
January 13, 2025).
In summary, this transfer results in an adjusted January through
March 2026 time period subquota of 63.7 mt and an adjusted December
2026 subquota of 11.0 mt. The General category fishery will remain open
until March 31, 2026, or until the adjusted January through March 2026
time period subquota is reached, whichever comes first.
Consideration of the Relevant Determination Criteria
NMFS has considered all of the relevant determination criteria and
their applicability to this inseason quota transfer (Sec.
635.27(a)(7)). These criteria 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 General 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
category during the January-March time period 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 in
the December and January through March time periods over the last
several years and the likelihood of closure of the January through
March segment of the fishery if no adjustment is made (Sec.
635.27(a)(7)(ii) and (ix)), as well as daily landing trends and the
availability of BFT on fishing grounds (Sec. 635.27(a)(7)(ix)).
Without a quota transfer at this time, based on recent catch rates in
comparison to the current available quota (37.7 mt), NMFS would likely
need to close the General category fishery shortly. Once the fishery is
closed, participants would have to stop BFT fishing activities until
the next time period begins in June, even though commercial-sized BFT
remain available in the areas where General category permitted vessels
operate. A quota transfer at this time provides limited additional
opportunities to harvest the U.S. BFT quota while avoiding exceeding
it.
Regarding the projected ability of the vessels fishing under the
General category to harvest the additional amount of BFT quota
transferred before the end of the fishing year (Sec.
635.27(a)(7)(iii)), NMFS considered General category landings over the
last several years and landings to date this year. Landings are highly
variable and depend on access to commercial-sized BFT and fishing
conditions, among other factors. NMFS may adjust each time period's
subquota based on overharvest or underharvest in the prior time period
and may transfer subquota from one time period to another time period.
By allowing for the current quota transfer, NMFS anticipates that the
General category quota would be used before the end of the fishing
year. Additionally, this quota transfer would allow General category
fishermen to take advantage of the current availability of BFT on the
fishing grounds and provide a reasonable
[[Page 1096]]
opportunity to harvest the available U.S. BFT quota.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the fishery might be exceeded (Sec.
635.27(a)(7)(iv)) and the ability to account for all 2026 landings and
dead discards (Sec. 635.27(a)(7)(xi)). With the exception of 2024, the
total U.S. BFT landings in recent years are typically below the
available U.S. quota such that the United States has carried forward
the maximum amount of underharvest allowed by ICCAT from one year to
the next. When total U.S. BFT landings are above the available U.S.
quota, the United States reduces the next year's quota by the
overharvest amount. NMFS will need to account for 2026 landings and
dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and anticipates having sufficient quota to do so.
NMFS also considered the effects of the transfer on the BFT stock
and on accomplishing the objectives of the HMS FMP (Sec.
635.27(a)(7)(v) and (vi)). This transfer would be within established
quotas and subquotas, which are implemented consistent with ICCAT
recommendations, 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. This quota transfer is in line with the
established management measures and stock status determinations.
Another principal consideration is the objective of providing
opportunities to harvest the available General category quota without
exceeding the annual quota, based on the objectives of the HMS FMP and
its amendments, including to achieve optimum yield on a continuing
basis and to allow all permit categories a reasonable opportunity to
harvest available BFT quota allocations (related to Sec.
635.27(a)(7)(x)). Specific to the General category, this includes
providing opportunities equitably across all time periods.
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 a dealer receiving BFT. Late reporting by dealers
compromises NMFS' ability to timely implement actions such as quota and
retention limit adjustments, as well as closures, and may result in
enforcement actions. Additionally, and separate from the dealer
reporting requirement, General category and HMS Charter/Headboat
permitted vessel owners are required per Sec. 635.27(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>, 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 adjustments are necessary to ensure
available subquotas are not exceeded in 2026 or to enhance scientific
data collection from, and fishing opportunities in, all geographic
areas as specified under Sec. 635.27(a)(7). If needed, subsequent
adjustments will be published in the Federal Register. In addition,
fishermen may access <a href="https://hmspermits.noaa.gov/home">https://hmspermits.noaa.gov/home</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. 553(b)(B), there is good cause to waive prior notice of, and
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
amendments provide for inseason adjustments and quota transfers 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 prior notice and an
opportunity for public comment is impracticable and contrary to the
public interest as this fishery is currently underway and, based on the
most recent landings information, the 2026 January through March
subquota is projected to be reached shortly. Delaying this action could
result in BFT landings that exceed the 2026 January through March
subquota. Additionally, a delay in implementing this transfer would
preclude the fishery from harvesting BFT that are currently available
on the fishing grounds and that might otherwise become unavailable.
This action does not raise conservation and management concerns and
would support effective management of the BFT fishery. Transferring
quota from the General category December time period to the General
category January through March time period does not affect the overall
ICCAT-allocated U.S. BFT quota. 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 finds that pursuant to 5
U.S.C. 553(d)(3), there is good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: January 8, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2026-00392 Filed 1-8-26; 4:15 pm]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 12, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.