Rule2026-02626
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Longline Category 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
February 10, 2026
Effective
February 9, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 30.8 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Longline category. With this transfer, the adjusted Longline category quota for the 2026 fishing season is 240.1 mt and the adjusted Reserve category quota is 7.4 mt. The 2026 BFT Longline category is open until December 31, 2026, or until the Longline category quota is reached, whichever comes first. NMFS will distribute the transferred quota to permitted Atlantic Tunas Longline vessels with recent fishing activity. As a result of this transfer, each associated Individual Bluefin Quota (IBQ) account will receive 893 pounds (lbs) (0.4 mt) of IBQ. Note that NMFS intends to take separate action as soon as possible in 2026 to consider modifying the baseline BFT quota consistent with the quota adopted at the 2025 International Conservation of Atlantic Tunas (ICCAT) annual meeting.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Rules and Regulations]
[Pages 5855-5858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02626]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XF427]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Longline Category Quota Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 5856]]
ACTION: Temporary rule; quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 30.8 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the Longline category.
With this transfer, the adjusted Longline category quota for the 2026
fishing season is 240.1 mt and the adjusted Reserve category quota is
7.4 mt. The 2026 BFT Longline category is open until December 31, 2026,
or until the Longline category quota is reached, whichever comes first.
NMFS will distribute the transferred quota to permitted Atlantic Tunas
Longline vessels with recent fishing activity. As a result of this
transfer, each associated Individual Bluefin Quota (IBQ) account will
receive 893 pounds (lbs) (0.4 mt) of IBQ. Note that NMFS intends to
take separate action as soon as possible in 2026 to consider modifying
the baseline BFT quota consistent with the quota adopted at the 2025
International Conservation of Atlantic Tunas (ICCAT) annual meeting.
DATES: The quota transfer is effective February 9, 2026, through
December 31, 2026.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr.,
(<a href="/cdn-cgi/l/email-protection#a2cec3d0d0db8cd0c7c6c6e2cccdc3c38cc5cdd4"><span class="__cf_email__" data-cfemail="7e121f0c0c07500c1b1a1a3e10111f1f50191108">[email protected]</span></a>), Ann Williamson (<a href="/cdn-cgi/l/email-protection#98f9f6f6b6eff1f4f4f1f9f5ebf7f6d8f6f7f9f9b6fff7ee"><span class="__cf_email__" data-cfemail="0f6e61612178666363666e627c60614f61606e6e21686079">[email protected]</span></a>), Tobey
Curtis (<a href="/cdn-cgi/l/email-protection#aadec5c8cfd384c9dfd8dec3d9eac4c5cbcb84cdc5dc"><span class="__cf_email__" data-cfemail="42362d20273b6c213730362b31022c2d23236c252d34">[email protected]</span></a>), or Brad McHale (<a href="/cdn-cgi/l/email-protection#5f3d2d3e3b71323c373e333a1f31303e3e71383029"><span class="__cf_email__" data-cfemail="1e7c6c7f7a30737d767f727b5e70717f7f30797168">[email protected]</span></a>)
by email or by phone at 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the
2006 Consolidated HMS 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.
HMS implementing regulations are at 50 CFR part 635. Section 635.27(a)
divides the U.S. BFT quota, established by the 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). The baseline
quotas for the Longline and Reserve categories are 209.3 mt and 38.2
mt, respectively. The Longline category quota is intended to be used
for incidental catch of BFT as longline vessels must use IBQ to account
for their incidental BFT landings and dead discards while fishing for
swordfish, bigeye tuna, and yellowfin tuna (see Sec. 635.15).
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 Reserve Category to the Longline Category
Under Sec. 635.27(a)(8), NMFS has the authority to transfer quota
among fishing categories or subcategories after considering
determination criteria provided under Sec. 635.27(a)(7). In this
action, NMFS is transferring 30.8 mt from the Reserve category to the
Longline category. This transfer results in 240.1 mt (209.3 mt + 30.8
mt = 240.1 mt) being available for the Longline category through
December 31, 2026, or until the Longline category quota is reached,
whichever comes first. This transfer also results in 7.4 mt (38.2 mt--
30.8 mt = 7.4 mt) being available in the Reserve category through the
remainder of 2026 fishing year, unless modified in another action. As
required and described below, NMFS has considered all of the relevant
determination criteria and their applicability to this inseason quota
transfer.
Unlike transfers made to avoid a closure (Sec. 635.27(a)(7)(ii)),
this transfer is instead a proactive measure to increase flexibility in
the availability of IBQ early in the year within the current quota
levels. In recent years, NMFS has received feedback from some vessel
owners that pelagic longline fishery participants may be taking less
fishing trips at the beginning of the year due to higher abundances of
BFT on fishing grounds that could result in more BFT interactions.
Under this scenario, vessels may be concerned that they will not have
enough IBQ to account for BFT retained or discarded dead later in the
year. The ability of pelagic longline vessel owners to account for BFT
with allocated quota or to lease IBQ at an affordable price is key to
the success of the IBQ Program and thus to optimize fishing
opportunities. Note, as part of the IBQ Program, Atlantic Tunas
Longline permit holders may lease available quota allocations to other
permit holders that either received or did not receive IBQ allocation
(see 635.15(g)). As such, this proactive transfer could optimize
current fishing opportunities (Sec. 635.27(a)(7)(x)), and facilitate
quota accounting (Sec. 635.27(a)(7)(xi) and (xii)). Specifically, this
quota transfer would contribute to full accounting of BFT catch by
vessels that accrue quota debt (i.e., reduce quota debt), enhance the
likelihood that share recipients will lease IBQ to others in order to
avoid quota debt, and reduce uncertainty in the pelagic longline
fishery as a whole. Furthermore, this transfer considers variations in
seasonal distribution, abundance, or migration patterns of BFT (Sec.
635.27(a)(7)(vii). Transferring quota early in 2026 helps to address
the diversity of the fishery with respect to the timing of those
fishing earlier in the year when there tends to be more BFT available
on fishing grounds. As discussed in more detail in the section below,
the additional quota will be distributed to vessels with recent fishing
activity in the Longline category to help vessel owners account for BFT
catch while fostering conditions in which permit holders become more
willing to lease IBQ to other vessels through the IBQ system.
Longline vessels must use IBQ to account for their incidental BFT
landings and dead discards while fishing for swordfish, bigeye tuna,
and yellowfin tuna. Under Sec. 635.15(f)(2), vessels in the pelagic
longline fishery account for bycatch of BFT using IBQ on a quarterly
basis. For the first fishing trip in a calendar year quarter, as
defined at Sec. 635.15(f)(2), a vessel is not allowed to fish with
pelagic longline gear if it does not have the minimum IBQ allocation
available (i.e., 276 lb ww (0.125 mt ww) to depart on a fishing trip in
the Atlantic and 551 lb ww (0.25 mt ww) to depart on a fishing trip in
the Gulf of America). Transferring 30.8 mt of quota from the Reserve
category and distributing that quota to vessels with
[[Page 5857]]
recent fishing activity in the Longline category could provide limited
additional opportunities to harvest swordfish, bigeye tuna, and
yellowfin tuna without exceeding the U.S. BFT quota available to
account for incidental BFT catch during those operations.
Regarding the projected ability of the vessels fishing under the
Longline 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 Longline category BFT landings over
the last several years and landings to date this year. Since BFT
landings in the Longline category are incidental in nature, landings
are highly variable and depend on access to target species (swordfish,
bigeye tuna, and yellowfin tuna), fishing conditions, and the area
being fished, among other factors. By transferring quota now, NMFS
anticipates that the Longline category permit holders would have quota
sufficient to encourage leasing between permit holders, without
limiting NMFS' ability to meet other needs with the Reserve quota for
the remainder of the year. Specifically, transferring more quota now
may provide permit holders more certainty that they will have enough
IBQ to account for BFT retained or discarded dead throughout the year,
which may result in more leases of IBQ to other vessels that need IBQ
to go fishing for target species earlier in the year.
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 that.
This quota transfer, which is within current quota levels, would reduce
the likelihood of vessels using all their IBQ allocation early in the
year, enhance the likelihood that share recipients will lease some of
their IBQ allocation to others, and reduce uncertainty in the pelagic
longline fishery as a whole.
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 the
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 consideration is the objective of providing opportunities
to harvest the available Longline category quota without exceeding the
annual BFT quota, based on the objectives of the HMS FMP and its
amendments, including the National Standard 1 requirement to achieve
optimum yield from each fishery on a continuing basis. An inseason
transfer of quota to the Longline category at this time would optimize
fishing opportunities for the pelagic longline fishery, allow more
efficient access to target species (e.g., swordfish and yellowfin
tuna), contribute to full accounting for BFT landings and dead
discards, and reduce uncertainty in the pelagic longline fishery as a
whole, thus facilitating the achieving of optimum yield. Quota
transferred from the Reserve category and distributed directly to
vessels with recent fishing activity should reduce situations where
fishing opportunities for target species such as swordfish and
yellowfin tuna are constrained by a vessel not having its own IBQ
allocation or by a fishery participant not finding affordable quota (or
sufficient quota) for lease.
Distribution of Transferred Quota Within the Longline Category
Under Sec. 635.15(e)(2), NMFS may distribute quota that is
transferred inseason to the Longline category to all IBQ shareholders
or to all permitted Atlantic Tunas Longline vessels that are determined
to have any recent fishing activity in the previous year. Also under
Sec. 635.15(e)(2), any distribution of quota transferred inseason will
be equal among eligible IBQ shareholders or active vessels. As
described below, NMFS has considered all of the relevant factors
provided under Sec. 635.15(e)(2) to determine the distribution of
quota in this inseason quota transfer. After considering all of the
relevant factors, NMFS has decided to distribute the 30.8 mt of quota
transferred from the Reserve category to Atlantic Tunas Longline
vessels with recent fishing activity as these vessels most likely need
quota in order to account for BFT interactions. These participants
should receive their equal distribution of 893 lbs (0.4 mt) in their
IBQ account shortly.
In 2022, NMFS published a final rule for Amendment 13 to the HMS
FMP (Amendment 13), which among other things, implemented an annual
dynamic determination of IBQ shares based upon each individual
permitted vessel's fishing effort using the number of pelagic longline
sets, relative to the total amount of pelagic longline sets fishery-
wide. NMFS has considered all relevant data sources consistent with
Sec. 635.15(e)(2), and has determined that 76 vessels have recent
fishing activity in the pelagic longline fishery. These 76 vessels have
already received a 2026 IBQ allocation.
In reviewing the previous and current BFT landings and dead
discards in the longline fishery, preliminary data indicate that these
76 pelagic longline vessels continuously interact with BFT across the
year. NMFS expects that these vessels and any vessels that lease IBQ
will likely also interact with BFT early in 2026. These 76 vessels
account for BFT catches using IBQ, as required by the regulations at
Sec. 635.15(f)(3)(i). Distributing quota to active vessels provides a
focused and efficient distribution of quota to those that need it and
will help reduce uncertainty and facilitate better business decisions
and a more effective leasing program for the remainder of the year.
Alternatively, distributing quota to permitted vessels that have not
actively fished recently and do not otherwise have 2026 IBQ allocation
would reduce the amount of IBQ given to each vessel and therefore may
not provide the benefits expected by the transfer as stated above.
Regarding the annual amounts of IBQ allocation and the amount of
BFT quota in Reserve category quota, NMFS considered that the annual
amount of Longline category quota allocated in the IBQ system for 2025
and 2026 is the baseline Longline category quota of 209.3 mt (not
including the 25 mt for the NED). The Reserve category quota totals
38.2 mt. Although this transfer will reduce the Reserve category quota
to 7.4 mt, NMFS anticipates having sufficient quota available in the
Reserve category for any future transfers, as appropriate. As described
above, NMFS is currently working on a rulemaking to implement ICCAT
Recommendation 25-05. This rulemaking would consider an increase to the
U.S. BFT quota and subquotas, including the Reserve and
[[Page 5858]]
Longline category quotas, as appropriate.
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, pelagic longline vessel owners are required per
Sec. 635.35(a)(4) to report their own catch of all BFT through VMS.
Longline category permit holders are reminded that all BFT discarded
dead must be reported through VMS, and accounted for in the online IBQ
system, consistent with requirements at Sec. 635.15(a).
Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional adjustments 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.
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 and
opportunity to provide comment on this action, as notice and comment
would be impracticable and contrary to the public interest.
Specifically, the regulations implementing the HMS FMP and amendments
provide for inseason adjustments and quota transfers, including for the
longline category, to respond to the unpredictable nature of BFT
availability on the fishing grounds, the migratory nature of this
species, the regional variations in the BFT fishery, and the need to
optimize fishing opportunity. Providing prior notice and opportunity
for public comment is impracticable and contrary to the public interest
as this fishery is currently underway and a quota transfer needs to
happen early in the year to facilitate effective leasing and more
certainty in operational decisions. Delaying this action could result
in adverse impacts for those permitted Atlantic Tunas Longline vessels
that would otherwise have an opportunity to reduce or resolve quota
debt, lease quota to other vessels, as well as delay potential
beneficial effects like the ability for vessel operators to make plans
for their participation in target fisheries for other species later
this year. Additionally, a delay in implementing this transfer would
preclude the fishery from harvesting target species that are currently
available on fishing grounds (i.e., due to IBQ constraints). This
action does not raise conservation and management concerns and would
support effective management of the BFT fishery. Transferring quota
from the Reserve category to the Longline category 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 IBQ program, 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: February 6, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-02626 Filed 2-9-26; 8:45 am]
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 February 10, 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.