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Proposed Rule2026-09059

Atlantic Highly Migratory Species; North Atlantic Swordfish, South Atlantic Swordfish, North Atlantic Albacore, and Atlantic Bluefin Tuna Quotas

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Published

May 7, 2026

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS is proposing to implement recent binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) on quotas for North Atlantic swordfish, South Atlantic swordfish, North Atlantic albacore tuna (northern albacore), and Atlantic bluefin tuna. While this action does not propose to change the existing baseline quotas for North Atlantic swordfish, South Atlantic swordfish, and northern albacore, this action proposes to implement the management procedure for North Atlantic swordfish, describes the existing management procedure for northern albacore, and considers the possibility of future quota changes for swordfish and northern albacore consistent with their respective management procedures and ICCAT recommendations. For bluefin tuna, this action also proposes to implement the increased U.S. baseline quota adopted by ICCAT in 2025, divide it among the established regulatory domestic subquota categories, and implement changes to the bluefin tuna quota associated with longline bycatch adopted by ICCAT in 2025. This proposed rule also describes the annual quota adjustment procedures for North Atlantic swordfish, South Atlantic swordfish, northern albacore, and bluefin tuna and requests public comment on them. This action is 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 Text

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<title>Federal Register, Volume 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Proposed Rules]
[Pages 24789-24800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09059]

[[Page 24789]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 260430-0121]
RIN 0648-BN60

Atlantic Highly Migratory Species; North Atlantic Swordfish,
South Atlantic Swordfish, North Atlantic Albacore, and Atlantic Bluefin
Tuna Quotas

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing to implement recent binding recommendations
of the International Commission for the Conservation of Atlantic Tunas
(ICCAT) on quotas for North Atlantic swordfish, South Atlantic
swordfish, North Atlantic albacore tuna (northern albacore), and
Atlantic bluefin tuna. While this action does not propose to change the
existing baseline quotas for North Atlantic swordfish, South Atlantic
swordfish, and northern albacore, this action proposes to implement the
management procedure for North Atlantic swordfish, describes the
existing management procedure for northern albacore, and considers the
possibility of future quota changes for swordfish and northern albacore
consistent with their respective management procedures and ICCAT
recommendations. For bluefin tuna, this action also proposes to
implement the increased U.S. baseline quota adopted by ICCAT in 2025,
divide it among the established regulatory domestic subquota
categories, and implement changes to the bluefin tuna quota associated
with longline bycatch adopted by ICCAT in 2025. This proposed rule also
describes the annual quota adjustment procedures for North Atlantic
swordfish, South Atlantic swordfish, northern albacore, and bluefin
tuna and requests public comment on them. This action is 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).

DATES: Written comments must be received by June 8, 2026. NMFS will
hold a public hearing webinar for this proposed rule on May 28, 2026,
from 2 p.m. to 4 p.m. EDT. For webinar registration information, see
the SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0053">https://www.regulations.gov/docket/NOAA-NMFS-2025-0053</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0053, by
electronic submission. Submit all electronic public comments via the
Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type
``NOAA-NMFS-2025-0053'' in the search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the close of the comment
period, may not be considered by NMFS. All comments received are a part
of the public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Copies of this proposed rule and supporting documents are available
from the Highly Migratory Species (HMS) Management Division website at
<a href="https://www.fisheries.noaa.gov/action/comments-requested-proposed-quotas-atlantic-swordfish-northern-albacore-and-bluefin-tuna">https://www.fisheries.noaa.gov/action/comments-requested-proposed-quotas-atlantic-swordfish-northern-albacore-and-bluefin-tuna</a> or by
contacting Steve Durkee at <a href="/cdn-cgi/l/email-protection#f18285948794df9584839a9494b19f9e9090df969e87">[email&#160;protected]</a> or 301-427-8503.

FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff
(<a href="/cdn-cgi/l/email-protection#6f0c0e1d1d060a411c00031b0e010009092f01000e0e41080019">[email&#160;protected]</a>), Steve Durkee (<a href="/cdn-cgi/l/email-protection#6d1e19081b084309181f0608082d03020c0c430a021b">[email&#160;protected]</a>), or
Larry Redd, Jr., (<a href="/cdn-cgi/l/email-protection#fc909d8e8e85d28e999898bc92939d9dd29b938a">[email&#160;protected]</a>) at 301-427-8503.

SUPPLEMENTARY INFORMATION: Federal Atlantic HMS fisheries (tunas,
billfish, swordfish, and sharks) are managed under the 2006
Consolidated HMS Fishery Management Plan, as amended (HMS FMP) pursuant
to the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) and consistent
with ATCA (16 U.S.C. 971 et seq.). HMS are defined at section 3(21) of
the Magnuson-Stevens Act (16 U.S.C. 1802(21)), and the provisions for
their management are at section 304(g)(1) (16 U.S.C. 1854(g)(1)). ATCA
is the implementing statute for binding recommendations of ICCAT.
Regulations implementing the HMS FMP are at 50 CFR part 635. Section
635.27(a) divides the U.S. bluefin tuna quota as recommended by ICCAT
and implemented by the United States among domestic fishing categories
as established under the HMS FMP, provides the annual bluefin tuna
quota adjustment process, and implements an incidental catch quota for
pelagic longline vessels fishing in the Northeast Distant gear
restricted area (NED). Section 635.27(c) implements the ICCAT-
recommended U.S. North and South Atlantic swordfish quotas and provides
the annual adjustment process. Section 635.27(e) implements the ICCAT-
recommended U.S. northern albacore quota and provides 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 established pursuant to relevant
international fishery agreements such as the ICCAT Convention.
Through this action, NMFS proposes to implement various management
measures, including quotas, consistent with measures adopted by ICCAT
for North Atlantic swordfish, South Atlantic swordfish, northern
albacore, and Atlantic bluefin tuna. NMFS also seeks public comment on
the existing process NMFS uses to adjust the baseline quotas of these
species when applying any overharvest or the allowable level of any
carryover of previous year's quota underharvest to baseline quotas. A
summary of background information and the alternatives considered is
provided below. Additionally, NMFS has prepared a comprehensive
document that presents the alternatives considered for this proposed
rule and analyzes their anticipated environmental, social, and economic
impacts (``supporting document''). This supporting document
consolidates the requirements of a number of Federal statutes and
executive orders and includes, among other sections, an Environmental
Assessment (EA), Regulatory Impact Review (RIR), and an Initial
Regulatory Flexibility Analysis (IRFA). A copy of the supporting
document prepared for this proposed rule is available from NMFS (see
ADDRESSES).
Consistent with how the quotas are established at ICCAT, weight
information for northern albacore and bluefin tuna is shown in metric
tons (mt) whole weight (ww), and weight information for swordfish is
shown in both dressed weight (dw) and ww. The conversion factor between
dw and ww for swordfish is 1.33 and the conversion follows the
following formula: dw*1.33 = ww.

[[Page 24790]]

Statutory Authority

Under section 971d(c)(1)(A) of ATCA, NMFS must promulgate such
regulations as may be necessary and appropriate to carry out binding
recommendations of ICCAT. Further, regulations promulgated shall, to
the extent practicable, be consistent with FMPs prepared and
implemented under the Magnuson-Stevens Act (see section 971d(c)(1)(C)).
The Magnuson-Stevens Act requires measures necessary for the
conservation and management of the fishery to be consistent with the 10
National Standards set forth in section 301(a)(16 U.S.C. 1851(a)). The
National Standards state, among other things, that conservation and
management measures must: prevent overfishing while achieving, on a
continuing basis, optimum yield from the fishery (National Standard 1);
be based on the best scientific information available (National
Standard 2); and take into account and allow for variations among
fisheries, fishery resources, and catches (National Standard 6).
Furthermore, the Magnuson-Stevens Act authorizes measures to promote
the long-term health and stability of the fisheries (303(a)(1) or 16
U.S.C. 1853). Measures such as annual adjustments of quotas for under-
or overharvests are important in achieving these goals. Section 102 of
the Magnuson-Stevens Act also provides for management actions to be
coordinated through appropriate international organizations to promote
conservation and achievement of optimum yield of such species
throughout their range, both within and beyond the exclusive economic
zone, and to take into account the traditional participation of U.S.
fishermen (16 U.S.C. 1812(a) and (b)). Section 304(g)(1), among other
things, provides NMFS the authority to implement fishery management
plans and plan amendments that provide fishing vessels fishing for
Atlantic HMS with a reasonable opportunity to harvest an allocation or
quota authorized under an international fishing agreement, such as
ICCAT's recommendations, and to ensure that conservation and management
measures promote international conservation of HMS fisheries.

Overall Quota-Setting Process

Regulations at 50 CFR 635.27(c), (e), and (a) set forth the ICCAT-
established U.S. baseline quotas for North and South Atlantic
swordfish, northern albacore, and Atlantic bluefin tuna, respectively,
as well as the requirements and processes for annual adjustments of the
quotas for underharvest or overharvest required by ICCAT. The process
for annually adjusting the baseline quotas for each stock is described
in detail below. When the current baseline quotas for each stock were
originally implemented, NMFS took public comment on this annual
process. After considering public comment, NMFS stated that the annual
adjustments to those baseline quotas could be made through temporary
final rules as long as the adjustments were consistent with the
implementing regulations (87 FR 33049, June 1, 2022, for northern
albacore and bluefin tuna; 81 FR 48719, July 26, 2016, for North and
South Atlantic swordfish).
In this rulemaking, NMFS is once again providing an opportunity for
the public to comment on this annual process. Taking into consideration
public comment received, in the future NMFS could continue making
annual quota adjustments by proceeding straight to temporary final
rules as long as the adjustments are consistent with the implementing
regulations as applied in the calculations below NMFS would publish a
temporary final rule to adjust quotas in 2026, which could be combined
with the final rule for this action.

North Atlantic Swordfish Annual Quota and Adjustment Process

For certain species, ICCAT has adopted an approach to fisheries
management decision-making known as a ``management procedure.'' Under
management procedures, ICCAT adopts new TACs based on the application
of scientifically derived formulas and models unique to each species.
These formulas and models, which use inputs from stock assessments and
reflect various management objectives, are used by ICCAT's scientific
body to develop a range of possible TACs and advise ICCAT on the
adoption of particular TACs for specific time periods. Management
objectives could include meeting conservation targets and providing for
stability in fisheries so that catch does not increase or decrease in
the extreme over a particular time period. Put differently, a
management procedure is a transparent, science-based framework that
ICCAT uses to consider and set catch limits. It facilitates ICCAT catch
negotiations by better aligning current stock conditions with pre-
agreed management objectives and actions.
This proposed rule would implement Recommendation 25-10, which
describes the management procedure for North Atlantic swordfish, by
adding a reference to that procedure in the swordfish quota regulations
at Sec. 635.27(c)(1). The supporting document analyzes the range of
TACs, described below, that might be derived from the new North
Atlantic swordfish management procedure. The following discussion
describes the current quota, domestic quota allocations, and annual
quota adjustment procedures per current regulatory processes for North
Atlantic swordfish. In this rulemaking, NMFS is not proposing any
changes to the current U.S. baseline quota, quota adjustment
provisions, and domestic quota allocations. These processes are
codified at Sec. 635.27(c)(1)(i) and (3) (77 FR 45273, July 31, 2012).
Recommendation 25-10 describes a management procedure (originally
established in Recommendation 24-10) that provides for 11 possible
North Atlantic-wide total allowable catches (TACs) that range from
4,764 mt ww to 17,628 mt ww. These annual TACs are constant for each 3-
year management period but may fluctuate between management periods.
Recommendation 24-10 previously set the TAC for 2025-2027 at 14,769 mt.
While the management procedure does not prescribe ICCAT Party quota
allocations under each TAC level, the supporting document for this
proposed rule analyzes future changes to the U.S. baseline quota under
the different North Atlantic-wide swordfish TACs. Under Recommendation
25-10, as under the previous Recommendation 24-10 the United States
continues to be allocated approximately 26 percent of the TAC,
resulting in a 3,907 mt allocation out of a 14,769 mt TAC for 2025-
2027. Applying this percentage and assuming the portion provided to the
United States under future ICCAT recommendations remains the same, an
increase in the TAC to the maximum allowed under the management
procedure (17,628 mt ww) would result in a maximum U.S. baseline quota
of 3,446.1 mt dw (4,583.3 mt ww) (17,628 mt ww * 0.26 = 4,583.3 mt ww).
Recommendation 25-10 also maintains an underharvest carryover limit of
15 percent of the baseline quota from one year to the next. Considering
this 15-percent underharvest carryover limit, the maximum adjusted U.S.
quota would be 3,963.0 mt dw (5,270.8 mt ww) (3,446.1 mt dw + (0.15 *
3,446.1) mt dw). These maximum quota amounts are calculated here for
the purpose of providing a reasonable anticipated range of potential
quotas for use in impact analyses under the management procedure and do
not presuppose TAC levels resulting from future application of the
management procedure or that any changes to the U.S. quota would be

[[Page 24791]]

adopted under future ICCAT recommendations.
In the future, if ICCAT modifies the North Atlantic-wide swordfish
TAC for the next 3-year management period consistent with the
management procedure in Recommendation 25-10, NMFS may codify the
resulting U.S. baseline quota up to a maximum of 3,446.1 mt dw through
a final rulemaking if consistent with the analyses in this action's
associated supporting document and if no new circumstances are present
or management measures introduced that require additional analysis or
opportunity for public comment. If a new TAC is adopted and resulting
U.S. quota codified, NMFS could continue to annually adjust the new
U.S. baseline quota through a temporary final rule reflecting
underharvest carryover (up to a 3,963.0 mt dw maximum adjusted quota)
or overharvest per the process discussed below if consistent with
analyses in the supporting document and there are no new circumstances.
NMFS would evaluate the need for any additional environmental analyses
or proposed and final rulemaking when implementing any new management
procedure-derived swordfish TACs and associated quotas adopted by
ICCAT.
Consistent with the regulations at 50 CFR 635.27(c)(3), NMFS
annually provides notice to the public in the Federal Register of the
baseline North Atlantic swordfish quota with any annual adjustments as
allowable for over- or underharvest. Consistent with Sec.
635.27(c)(1)(i)(A) and (c)(3), the annual adjusted quota is calculated
using the following formulas:
<bullet> Underharvest in previous year: Baseline quota +
underharvest limited to 15 percent of the baseline quota.
<bullet> Overharvest in previous year: Baseline quota -
overharvest. The overharvest amount may be subtracted from the quota
categories or subcategories that are described below.
Annual adjusted quota calculations also take into account
applicable international quota transfer(s) equal to any international
quota transfer provisions as established by ICCAT. Such transfers are
generally adopted at ICCAT to help other countries joining the fishery
or creating new fisheries and/or to assist with scientific research.
In accordance with the current regulatory formula established at 50
CFR 635.27(c)(1)(i) in 2012 (77 FR 45273, July 31, 2012), the adjusted
quota is then allocated among the domestic quota categories as follows:
<bullet> Reserve quota = 50 mt.
<bullet> Incidental category quota = 300 mt.
<bullet> Annual directed quota = Adjusted quota - Reserve quota -
Incidental quota.
<bullet> Semi-annual directed quota (January through June; June
through December) = Annual directed quota/2.
Any fishing under exempted fishing permits (EFP), scientific
research permits (SRP), and display permits per the regulations at 50
CFR 635.32 is accounted for under the reserve category quota. NMFS is
not proposing any changes to these allocations or accounting for 2026
or for future years.
Specifically for 2026-2027, consistent with the management
procedure, Recommendation 25-10 maintains the U.S. baseline quota of
2,937.6 mt dw (3,907 mt ww). This is the same baseline quota that the
United States has had for a number of years and is codified at Sec.
635.27(c); thus, no changes to the regulations regarding the U.S.
baseline quota are necessary in this rule. As described above, if ICCAT
modifies the U.S. allocation consistent with the management procedure,
NMFS may implement that quota modification in a final rule without
additional public comment.

South Atlantic Swordfish Annual Quota and Adjustment Process

In this rulemaking, NMFS is not proposing any changes to the
current South Atlantic swordfish quota or adjustment procedures for
2026 or for future years. Instead, NMFS describes the current quota and
annual quota adjustment procedures per current regulatory processes for
South Atlantic swordfish and provides updated analyses in the
supporting document. These processes are codified at Sec. 635.27(c)
(72 FR 56929, October, 5, 2007).
While these processes are similar to those described above for
North Atlantic swordfish, there are some differences. Specifically,
Recommendation 22-04 provides for an underharvest carryover allowance
of 100 percent of the U.S. baseline quota (75.2 mt dw) (100 mt ww) and
for three annual international transfers from the United States to
other ICCAT Parties totaling 75.2 mt dw (100 mt ww). These quota
transfers were first established in 2010 and are currently in place
through 2026. Each year, the quota could continue to be adjusted via
temporary final rule. The supporting document for this rulemaking
updates the analyses for the U.S. quota and any potential adjustments.
Additionally, per Recommendation 21-03 as amended by Recommendation 22-
04, up to 150.4 mt dw (200 mt ww) of swordfish landed between 5[deg] N
latitude and 5[deg] S latitude can be counted toward the North Atlantic
swordfish quota instead of the South Atlantic swordfish quota.
Consistent with the regulations at 50 CFR 635.27(c)(3), NMFS
annually provides notice to the public of the baseline South Atlantic
swordfish quota with any annual adjustments as allowable for over- and
underharvest in the Federal Register as appropriate. Consistent with
the same regulations, the adjusted South Atlantic swordfish quota is
calculated as follows:
<bullet> Underharvest in previous year: Baseline quota +
underharvest, limited to 100 percent of the baseline quota.
<bullet> Overharvest in previous year: Baseline quota -
overharvest.
Annual adjusted quota calculations also take into account
applicable international quota transfer(s) equal to any international
quota transfer provisions as established by ICCAT.

Northern Albacore Annual Quota and Adjustment Process

In this rulemaking, NMFS describes the current quota, ICCAT
management procedure, and annual quota adjustment procedures per
current regulations for northern albacore. No changes are being
proposed regarding the U.S. baseline quota and quota adjustment
provisions codified at 50 CFR 635.27(e) as no regulatory changes are
necessary for U.S. implementation of the current ICCAT recommendation
on northern albacore. Rather, NMFS explains the range of quota
adjustments possible under the existing management procedure and
provides updated analyses in the supporting document. Implementation of
the management procedure and the current quota adjustment processes for
northern albacore are codified at Sec. 635.27(e)(2) (87 FR 33049, June
1, 2022).
As discussed in the 2022 final rule, in the future, if ICCAT
modifies the northern albacore TAC for the next 3-year management
period consistent with the management procedure in Recommendation 21-
04, as amended by Recommendation 23-05, NMFS may codify the resulting
U.S. annual baseline quota through a final rulemaking up to a maximum
of 950 mt if consistent with the analyses in the supporting document
and if no new circumstances are present or management measures
introduced that require additional analysis or opportunity for comment.
Under Recommendation 23-05, the limit on underharvest carryover is 25
percent of the baseline quota. The accompanying supporting document for
this rulemaking further analyzes the range of potential adjusted quotas
for northern albacore, with a maximum adjusted quota of 1,187.5 mt
based on

[[Page 24792]]

the maximum baseline quota of 950 mt. These analyses would support
future quota changes up to the maximum analyzed adjusted quota if
consistent with the current management procedure and if no new
circumstances are present or management measures introduced that
require additional analysis or opportunity for comment. Inclusion of
the northern albacore quota in this document further provides the
opportunity for updated impact analyses based on updated data and
fishery conditions and the higher maximum adjusted quota. NMFS would
evaluate the need for any additional environmental analyses or proposed
and final rulemaking when implementing a new management procedure-
derived TAC and associated quota adopted by ICCAT.
This action would not change the current U.S. baseline northern
albacore quota of 889.4 mt that was adopted for 2024 through 2026 in
Recommendation 23-05. NMFS had previously implemented the northern
albacore management procedure in 2022 after analyzing the range of
potential baseline quotas for the United States based on the range of
possible TACs and considering public comment by adding reference to the
procedure in the relevant quota regulations at 50 CFR 635.27(e). As
discussed above, the maximum baseline quota analyzed was 950 mt.
Because the new baseline quota established in Recommendation 23-05 fell
within the range of analyzed quotas and there were no changes in
circumstances or new management measures introduced that required
additional analysis or opportunity for comment, NMFS implemented the
new baseline quota of 889.4 mt in 2024 (89 FR 77029, September 20,
2024).
Consistent with the regulations at 50 CFR 635.27(e)(2), NMFS
annually provides notice to the public of the baseline northern
albacore quota with any annual adjustments as allowable for over- and
underharvest in the Federal Register as appropriate. Consistent with
these same regulations, the annual adjusted quota is calculated as
follows:
<bullet> Underharvest in previous year: Baseline quota +
underharvest, limited to 25 percent of the baseline quota.
<bullet> Overharvest in previous year: Baseline quota -
overharvest.
Annual adjusted quota calculations also take into account
applicable international quota transfer(s) equal to any international
quota transfer provisions as established by ICCAT.
Any fishing under EFPs, SRPs, and display permits per the
regulations at 50 CFR 635.32 is accounted for under the quota. NMFS is
not proposing any changes to this northern albacore quota adjustment
process or accounting for 2026 or for future years. As described above,
if ICCAT modifies the U.S. allocation consistent with the management
procedure, NMFS may implement that quota modification in a final rule
without additional public comment.

Bluefin Tuna Annual Quota, Subquotas, and Adjustment Process

In this rulemaking, NMFS proposes to implement a U.S. bluefin tuna
baseline quota of 1,509.98 mt, reflecting adoption of the new quota at
ICCAT in Recommendation 25-05. In implementing the new baseline quota,
NMFS would modify the codified quotas and subquotas at Sec. 635.27(a),
using the currently codified percentages. In this rulemaking, NMFS also
proposes to increase the pelagic longline bycatch set-aside quota from
25 mt to 62.5 mt, as well as modify how it is accounted, consistent
with Recommendation 25-05. Further, NMFS describes the annual quota
adjustment procedures for Atlantic bluefin tuna per current
regulations. The current quota adjustment processes and domestic quota
allocations for Atlantic bluefin tuna were codified in Amendment 13 to
the HMS FMP (87 FR 59966, October 3, 2022) at Sec. 635.27(a). NMFS is
not proposing to make any changes to the current regulatory formula
codified at Sec. 635.27(a) that distributes the U.S. baseline quota
among domestic quota categories or the quota adjustment process.
In 2025, ICCAT adopted Recommendation 25-05, which increased the
bluefin tuna TAC to 3,081.6 mt and increased the U.S. quota to 1,509.98
mt for 2026-2028. The current U.S. percentages of the bluefin tuna TAC
were first established in Recommendation 10-03. If the overall TAC is
greater than 2,660 mt, as is currently the case, the U.S. receives 49
percent of that TAC. Recommendation 25-05 further increased the U.S.
allocation for longline bycatch of bluefin tuna from 25 mt to 62.5 mt.
The Recommendation states that the 62.5 mt allocation is for bycatch
related to longline fisheries in the vicinity of the management area
boundary and adjacent areas and that this allocation is derived from
the eastern Atlantic and Mediterranean bluefin tuna TAC. Recommendation
25-05 removed a provision from a prior recommendation that provided for
subtracting the longline bycatch allocation from the TAC before
calculating the individual country quotas. As such, the overall U.S.
quota under Recommendation 25-05 is 1,572.48 mt, of which 62.5 mt can
be used only by pelagic longline fishermen. Recommendation 25-05
further describes current provisions for quota underharvest and
overharvest. Relevant to the United States, the recommendation states
that any underharvest of an ICCAT Party's total quota in a given year
may be carried forward to the next year. However, in no event shall the
underharvest that is carried forward exceed 10 percent of the ICCAT
Party's initial quota allocation as established in Recommendation 10-
03. Regarding the overharvest provisions, which were first established
in Recommendation 06-06, 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 overharvest, 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.
Section 635.27(a) details the current regulatory quota formulas for
dividing the baseline bluefin tuna quota among domestic categories. The
baseline category quotas and subquotas that result from applying the
regulatory formulas under the proposed quota increase are shown in
Table 1. The proposed changes to the text of Sec. 635.27(a) are to
insert the new quota and resulting category and subquota numbers.

Table 1--Proposed Annual Baseline Bluefin Tuna Quotas and Subquotas
----------------------------------------------------------------------------------------------------------------
Subquota
Category Annual baseline Subquotas amounts
quota (mt) (mt)
----------------------------------------------------------------------------------------------------------------
General....................................... 815.4 January-March................... 43.2

[[Page 24793]]

June-August..................... 407.7
September....................... 216.1
October-November................ 106.0
December........................ 42.4
Harpoon....................................... 67.9
Longline...................................... 240.1
Trap.......................................... 1.5
Angling....................................... 341.3
School.......................... 157.2
Reserve......................... 29.1
North of 39[deg]18' N lat.... 60.5
South of 39[deg]18' N lat.... 67.7
Large School/Small Medium....... 173.4
North of 39[deg]18' N lat.... 81.9
South of 39[deg]18' N lat.... 91.6
Trophy.......................... 10.6
North of 42[deg] N lat....... 2.6
North of 39[deg]18' N lat.... 2.6
South of 39[deg]18' N lat.... 2.6
Gulf of America.............. 2.6
Reserve....................................... 43.8
U.S. Baseline Quota........................... ................. ................................ 1,509.98
Bycatch set-aside (for use by Longline ................. ................................ 62.5
category).
-----------------------------------------------------------------
Annual Total U.S. quota................... ................. ................................ 1,572.48
----------------------------------------------------------------------------------------------------------------
Note: Totals subject to rounding.

Under the current regulations at Sec. 635.27(a), NMFS may subtract
the most recent, complete, and available estimate of dead discards from
the annual U.S. quota and make the remainder available to vessels
subject to U.S. jurisdiction. However, Amendments 7 and 13 to the HMS
FMP implemented changes to the bluefin tuna quota category calculations
so that the codified category percentages are applied directly to the
baseline quota. When making those changes, some parts of the regulatory
text were not modified to remove the outdated language. Accordingly,
this proposed rule would also modify paragraph Sec. 635.27(a) by
removing this outdated language from the regulations.
Under the regulations at 50 CFR 635.27(a)(9) governing annual
adjustments of category quotas, on an annual basis if NMFS determines
based on landing, catch statistics, and other available information
that catches from the previous year indicate 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.
Similarly, if NMFS determines that catches from the previous year
indicate that a bluefin tuna quota for any category or, as appropriate,
subcategory has not been reached (underharvest), NMFS may add all or a
portion of the underharvest to that quota category or subcategory and/
or the Reserve category. The underharvest that is carried forward may
not exceed 100 percent of each category's baseline allocation, and the
total of the adjusted fishing category quotas and the Reserve category
quota must be consistent with ICCAT recommendations. Consistent with
these regulations, the annual adjusted quota is thus calculated as
follows:
<bullet> Underharvest in previous year:
[cir] Baseline quota + pelagic longline bycatch set-aside +
underharvest, limited to 10 percent of the baseline quota.
[cir] The underharvest carryforward may be added to the
corresponding quota categories or subcategories and/or Reserve category
as described above.
<bullet> Overharvest in previous year:
[cir] Baseline quota + pelagic longline bycatch set-aside - total
amount of overharvest of previous year's adjusted quota.
[cir] The overharvest amount may be subtracted from the quota
categories or subcategories as described above.
Annual adjusted quota calculations also take into account
applicable international quota transfer(s) equal to any international
quota transfer provisions as established by ICCAT. Any fishing under
EFPs, SRPs, and display permits per the regulations at Sec. 635.32 is
counted against the school reserve or Reserve quota (Sec.
635.27(a)(6)) depending on the size of the fish.

Implementation of Pelagic Longline Bycatch Set-Aside Quota for Bluefin
Tuna

In this rulemaking, NMFS would allocate the pelagic longline
bycatch set-aside quota to pelagic longline individual bluefin tuna
quota (IBQ) shareholders with IBQ shares designated for the Atlantic
region as defined at Sec. 635.15(c)(3). That section defines the Gulf
of America region as all waters of the U.S. exclusive economic zone
west and north of the boundary stipulated at Sec. 600.105(c) and the
Atlantic region as all other waters of the Atlantic Ocean including the
Northeast Distant gear restricted area (NED), a large area whose
coordinates are set forth in Sec. 635.2.
As described above, this rulemaking would increase the pelagic
longline bycatch set-aside quota from 25 mt to 62.5 mt consistent with
ICCAT Recommendation 25-05. In recognition of new information regarding
increased mixing between the western Atlantic and eastern Atlantic
bluefin tuna stocks in the western Atlantic bluefin tuna management
area, Recommendation 25-05 modifies the area where the set-aside
applies for longline fisheries from ``in

[[Page 24794]]

the vicinity of the management area boundary'' as specified in
Recommendation 22-10 (and previous iterations of western Atlantic
bluefin tuna management measures) to ``in the vicinity of the
management area boundary and adjacent areas.'' Additionally,
Recommendation 25-05 now specifies that the set-aside comes from the
eastern Atlantic bluefin tuna TAC as opposed to the western Atlantic
TAC. The management area boundary refers to the boundary between the
western Atlantic bluefin tuna management area and the eastern Atlantic
bluefin tuna management area. As the boundary runs through the NED,
existing Sec. 635.27(a)(3) has long provided for a 25 mt incidental
catch allocation for pelagic longline vessels fishing in the NED to
account for the original geographic scope of where the bycatch set-
aside applies. Given Recommendation 25-05's expansion of where the
bycatch set-aside allocation applies and where it is derived from, NMFS
also proposes via this rulemaking to change how NMFS accounts for the
pelagic longline set-aside quota and which vessels may utilize it. NMFS
would no longer account for bluefin tuna catch in the NED separately
from bluefin tuna catch in the rest of the Atlantic region. Instead,
NMFS would allocate the pelagic longline bycatch set-aside quota to
pelagic longline vessels that have fishing history in the Atlantic
region and annually distribute Atlantic allocation to each IBQ
shareholder based on their IBQ share percentage. The Atlantic region
would constitute the ``adjacent areas'' that ICCAT added to the scope
of where the set-aside applies in Recommendation 25-05. IBQ
shareholders with shares designated for the Gulf region would not
receive allocation from the set-aside quota, and Atlantic IBQ
allocation cannot be used in the Gulf under existing regulations, which
would be maintained. The existing gear and bait requirements at Sec.
635.21(c)(2) and (4) specific to pelagic longline vessels fishing in
the NED would remain in place.
To implement these changes to the pelagic longline bycatch set-
aside quota, the proposed regulations would move existing Sec.
635.15(d) to Sec. 635.15(d)(1) without any modifications to that text.
This action would add the language proposed as Sec. 635.15(d)(2).

Other Alternatives Analyzed

In addition to the proposed measures described above, in the
supporting document for this action, NMFS analyzed three no action
alternatives that would maintain the status quo quota regulations and
analyses for North and South Atlantic swordfish (Alternative A1),
northern albacore (Alternative B1), and bluefin tuna (Alternative C1).
NMFS does not prefer the no action alternatives because they do not
meet the objectives of the rule, including implementing recent ICCAT
recommendations and management procedures. NMFS also analyzed two
additional alternatives for the implementation of the pelagic longline
bycatch set-aside quota for bluefin tuna (Alternatives D1 and D2).
Alternative D1 would maintain applicability of the pelagic longline
set-aside quota exclusively in the NED and is not preferred because it
is not consistent with the updated language in ICCAT Recommendation 25-
05 describing the areas where the set-aside quota applies. Alternative
D2 would increase applicability of the pelagic longline set-aside quota
to some but not all other portions of the Atlantic that are frequently
fished by the U.S. pelagic longline fleet. Alternative D2 is not
preferred because it would provide bluefin tuna quota in heavily fished
areas separate from the individual bycatch quotas provided under the
IBQ program, potentially undermining goals of program, including
limiting derby-style fishing. Further, Alternative D2 would not provide
the set-aside quota to the full extent of areas in which eastern
Atlantic and Mediterranean bluefin tuna are found in western Atlantic
waters, as described in the supporting document, and would therefore
not meet the intended purpose of the set-aside quota under
Recommendation 25-05.

Request for Comments

NMFS is requesting comments on this proposed rule which may be
submitted via <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at a public webinar. NMFS
solicits comments on this action by June 8, 2026 (see DATES and
ADDRESSES sections).
During the comment period, NMFS will hold a public hearing via
webinar for this proposed action. Requests for sign language
interpretation or other auxiliary aids should be directed to Carrie
Soltanoff at <a href="/cdn-cgi/l/email-protection#5f3c3e2d2d363a712c30332b3e313039391f31303e3e71383029">[email&#160;protected]</a> or 301-427-8503 at least 7 days
prior to the meeting.
The webinar will take place on May 28, 2026, from 2 p.m. to 4 p.m.
EDT. Information for registering and accessing the webinar can be found
at <a href="https://www.fisheries.noaa.gov/action/comments-requested-proposed-quotas-atlantic-swordfish-northern-albacore-and-bluefin-tuna">https://www.fisheries.noaa.gov/action/comments-requested-proposed-quotas-atlantic-swordfish-northern-albacore-and-bluefin-tuna</a>.
The public is reminded that NMFS expects participants at public
conference calls and webinars to conduct themselves appropriately. At
the beginning of each conference call and webinar, the moderator will
explain how the conference call and webinar will be conducted and how
and when participants can provide comments. NMFS will structure the
conference call and webinars so that all members of the public will be
able to comment if they so choose. Participants are expected to respect
the ground rules, and those that do not may be asked to leave the
conference call and webinars.

Classification

The NMFS Assistant Administrator has determined that the proposed
rule is consistent with the HMS FMP and its amendments, other
provisions of the Magnuson-Stevens Act, ATCA, and other applicable law,
subject to further consideration after public comment. This proposed
rule has been determined to be not significant for purposes of
Executive Order 12866.
This proposed rule is not an Executive Order 14192 regulatory
action because this rule is not significant under Executive Order
12866.
An IRFA was prepared as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for this
action are contained at the beginning of this section in the preamble
and in the SUMMARY section of the preamble. A summary of the analysis
follows. A copy of this analysis is available from NMFS (see
ADDRESSES).
Section 603(b)(1) requires agencies to describe the reasons why the
action is being considered. The purpose of this action is to implement
the ICCAT recommendations adopting management procedures and current
TACs, quotas, transfers, and carryforward provisions for North and
South Atlantic swordfish, northern albacore, and bluefin tuna
(Recommendations 25-10, 22-04, 23-05, and 25-05, respectively) as
necessary and appropriate pursuant to ATCA and to achieve domestic
management objectives under the Magnuson-Stevens Act.
Section 603(b)(2) of the RFA requires agencies to state the
objectives of, and legal basis for, the proposed action. The objective
of this proposed rulemaking is to implement binding ICCAT
Recommendations 25-10, 22-04, 23-05, and 25-05. NMFS is issuing this
proposed rule pursuant to the ATCA section 971d(c)(1)(A) and the
Magnuson-Stevens Act section 305(d).
Section 603(b)(3) of the RFA requires agencies to provide an
estimate of the

[[Page 24795]]

number of small entities to which the rule would apply. The Small
Business Administration (SBA) has established size criteria for all
major industry sectors in the United States, including fish harvesters.
Provision is made under SBA's regulations for an agency to develop its
own industry-specific size standards after consultation with Advocacy
and an opportunity for public comment (see 13 CFR 121.903(c)). Under
this provision, NMFS may establish size standards that differ from
those established by the SBA Office of Size Standards, but only for use
by NMFS and only for the purpose of conducting an analysis of economic
effects in fulfillment of the agency's obligations under the RFA. To
utilize this provision, NMFS must publish such size standards in the
Federal Register, which NMFS did on December 29, 2015 (80 FR 81194). In
that final rule, effective on July 1, 2016, NMFS established a small
business size standard of $11 million in annual gross receipts for all
businesses in the commercial fishing industry (NAICS 11411) for RFA
compliance purposes. NMFS completed a review of the small business size
standard on November 24, 2025 (90 FR 52917) that resulted in
maintaining the existing size standard. NMFS considers all HMS permit
holders to be small entities because they had average annual receipts
of less than $11 million for commercial fishing. SBA has established
size standards for all other major industry sectors in the United
States, including the scenic and sightseeing transportation (water)
sector (NAICS code 487210, for-hire), which includes charter/party boat
entities. SBA has defined a small charter/party boat entity as one with
average annual receipts (revenue) of less than $14 million.
NMFS considers all HMS permit holders, both commercial and for-
hire, to be small entities because they had average annual receipts of
less than their respective sector's standard of $11 million and $14
million. Regarding those entities that would be directly affected by
the preferred alternatives, the average annual revenue per pelagic
longline vessel that received IBQ shares is estimated to be $211,842,
based on approximately 76 vessels that produced an estimated $16.1
million in revenue in 2024, well below the NMFS small business size
standard for commercial fishing businesses of $11 million. No single
pelagic longline vessel has exceeded $11 million in revenue in recent
years, and all pelagic longline vessel owners have identified
themselves as small entities on their permit renewal applications.
Other non-longline HMS commercial fishing vessels typically earn
less revenue than pelagic longline vessels and, thus, would also be
considered small entities. Based on 2025 permit information, NMFS
predicts that the preferred alternatives would apply to the following
numbers of non-pelagic longline permit holders that fish commercially
or engage in commercial or for-hire activities: 2,420 Atlantic Tunas
General category, 4,409 HMS Charter/Headboat, 37 Atlantic Tunas Harpoon
category, 73 Swordfish Handgear, 616 Swordfish General Commercial, and
109 Commercial Caribbean Small Boat permits. The total number of small
entities affected is 7,664.
This action would apply to all participants in the Atlantic
swordfish and tuna fisheries. This proposed rule is expected to
directly affect commercial and for-hire fishing vessels that possess an
Atlantic swordfish, Atlantic tunas, Commercial Caribbean Small Boat, or
Atlantic HMS Charter/Headboat permit. It is unknown what portion of HMS
Charter/Headboat permit holders actively participate in the swordfish,
bluefin tuna, and northern albacore fisheries or provide fishing
services for recreational anglers. This constitutes the best available
information regarding the universe of permits and permit holders.
Impacts on these small entities is provided in the alternative analysis
below.
NMFS has determined that the preferred alternatives would not
likely directly affect any small organizations or small government
jurisdictions defined under RFA, nor would there be disproportionate
economic impacts between large and small entities.
Section 603(b)(4) of the RFA requires Agencies to describe any new
reporting, record-keeping and other compliance requirements. The action
does not contain any new collection of information, reporting, or
record-keeping requirements.
Under section 603(b)(5) of the RFA, Agencies must identify, to the
extent practicable, relevant Federal rules which duplicate, overlap, or
conflict with the proposed rule. Fishermen, dealers, and managers in
these fisheries must comply with a number of international agreements,
domestic laws, and other FMPs. These include, but are not limited to,
the Magnuson-Stevens Act, ATCA, the High Seas Fishing Compliance Act,
the Marine Mammal Protection Act, the Endangered Species Act, the
National Environmental Policy Act, the Paperwork Reduction Act, and the
Coastal Zone Management Act. This proposed action has been determined
not to duplicate, overlap, or conflict with any relevant regulations,
Federal or otherwise.
Under section 603(c) of the RFA, agencies must describe any
significant alternatives to the proposed rule that accomplish the
stated objectives of applicable statutes and minimize any significant
economic impact of the proposed rule on small entities. The analysis
shall discuss significant alternatives such as: (1) establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2)
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) use
of performance rather than design standards; and (4) exemptions from
coverage of the rule, or any part thereof, for small entities. These
categories of alternatives are described at 5 U.S.C. 603(c)(1)-(4).
NMFS examined each of these categories of alternatives. Regarding the
first, second, and fourth categories, NMFS cannot establish differing
compliance or reporting requirements for small entities or exempt small
entities from coverage of the rule or parts of it because all of the
businesses impacted by this rule are considered small entities, and
thus the requirements are already designed for small entities. NMFS
considered performance standards for this proposed rule. Specifically,
Alternative D3 would allocate the pelagic longline bycatch set-aside
quota to IBQ shareholders in this catch share program, and catch share
programs are considered performance-based regulations. As described
below, NMFS analyzed several alternatives in this proposed rulemaking;
the discussion provides rationales for identifying the preferred
alternative to achieve the desired objectives. The alternatives
considered and analyzed are described below. The IRFA assumes that each
vessel will have similar catch and gross revenues to show the relative
impact of the proposed action on vessels. Under Alternative A1, the no
action alternative for North and South Atlantic swordfish, NMFS would
not implement the ICCAT North Atlantic swordfish management procedure
and would maintain implementation of relevant South Atlantic swordfish
quota measures. NMFS has estimated the average impact maintaining the
North Atlantic swordfish and South Atlantic swordfish quotas for all
domestic quota categories would have on individual

[[Page 24796]]

categories and the permit holders within those categories. For North
Atlantic swordfish, the United States is unlikely to achieve 100-
percent quota utilization in the short term. In the long term, however,
the U.S. swordfish fishery could near 100-percent quota utilization and
calculating the impacts of the alternatives under 100-percent
utilization allows for comparison of the alternatives. The maximum
adjusted quota considered under Alternative A1 is 3,378.2 mt dw.
Assuming the 2024 average ex-vessel price of $4.48 per pound and 100-
percent quota utilization, total possible gross revenues across the
domestic North Atlantic swordfish fishery would be estimated to be
$33,365,000 under Alternative A1. In 2025, there were 150 swordfish
directed permit holders, 56 swordfish incidental permit holders, 73
swordfish handgear permit holders, 616 swordfish general commercial
permit holders, and 65 incidental squid trawl permit holders. Due to
quota tracking complexities, NMFS does not have a proportional
breakdown of the total landings by permit type; however, the average
annual ex-vessel revenue across all swordfish permit types is $34,755
per vessel ($33,365,000/960 permit holders). Since retention limits are
higher for directed permit holders than incidental permit holders,
actual per vessel revenue would likely be higher for directed permit
holders and lower for incidental permit holders. There would be no
change in economic impacts on vessels in the short term under this no
action alternative.
For South Atlantic swordfish, the United States is unlikely to
achieve 100-percent quota utilization in the short term. In the long
term, however, the U.S. swordfish fishery could near 100-percent quota
utilization. The maximum adjusted quota considered under Alternative A1
is 75.2 mt dw. There are no recent landings of South Atlantic swordfish
and, thus, no recent ex-vessel prices for the stock, but North Atlantic
swordfish prices can be used as a proxy. Assuming the 2024 average ex-
vessel price of $4.48 per pound for North Atlantic swordfish and 100-
percent quota utilization, total possible gross revenues across the
domestic South Atlantic swordfish fishery would be estimated to be
$743,000 under Alternative A1. Due to the distance from the U.S.
mainland, only pelagic longline vessels operating under a swordfish
directed permit are likely to fish for South Atlantic swordfish, and in
2025 there were 150 swordfish directed permits. The long-term estimated
potential average annual ex-vessel revenue from South Atlantic
swordfish across all swordfish directed permit holders is $4,953 per
vessel ($743,000/150 swordfish directed permit holders). Similar to
North Atlantic swordfish, there would be no change in economic impacts
on vessels in the short term under this no action alternative.
Under preferred Alternative A2, NMFS would implement the ICCAT
North Atlantic swordfish management procedure and would not make
changes to implementation of relevant South Atlantic swordfish quota
measures. NMFS has estimated the average impact of the North Atlantic
swordfish and South Atlantic swordfish quotas under the most recent
ICCAT recommendations for all domestic quota categories on individual
categories and the permit holders within those categories. For North
Atlantic swordfish, the United States is unlikely to achieve 100-
percent quota utilization in the short term. In the long term, however,
the U.S. swordfish fishery could near 100-percent quota utilization.
The maximum adjusted quota considered under Alternative A2 is 3,963.0
mt dw. Assuming the 2024 average ex-vessel price of $4.48 per pound and
100-percent quota utilization, total possible gross revenues across the
domestic North Atlantic swordfish fishery would be estimated to be
$39,141,000 under Alternative A2. In 2025, there were 150 swordfish
directed permit holders, 56 swordfish incidental permit holders, 73
swordfish handgear permit holders, 616 swordfish general commercial
permit holders, and 65 incidental squid trawl permit holders. Due to
quota tracking complexities, NMFS does not have a proportional
breakdown of the total landings by permit type, however, the average
annual ex-vessel revenue across all swordfish permit types is $40,772
per vessel ($39,141,000/960 permit holders). This would be a gain of an
estimated $6,017 per vessel in revenue as compared to the no action
alternative, A1. Since retention limits are higher for directed permit
holders than incidental permit holders, actual per vessel revenue would
likely be higher for directed permit holders and lower for incidental
permit holders.
Since there is no change in the South Atlantic quota under
Alternative A2, there would be no change in impacts on small entities
associated with the South Atlantic swordfish quota under Alternative A2
as compared to the status quo under Alternative A1.
Under Alternative B1, the no action alternative for northern
albacore, NMFS would maintain implementation of the ICCAT northern
albacore management procedure. NMFS has estimated the average impact of
maintaining the northern albacore quota for all permit holders. For
northern albacore, the United States is unlikely to achieve 100-percent
quota utilization in the short term. In the long term, however, the
U.S. northern albacore fishery could near 100-percent quota
utilization. The maximum adjusted quota considered under Alternative B1
is 1,111.8 mt. Assuming the 2024 average ex-vessel price of $2.12 per
pound and 100-percent quota utilization, total possible gross revenues
across the domestic northern albacore fishery would be estimated to be
$4,519,000 (1,111.8 mt/1.15 dw conversion factor * $2.12) under
Alternative B1. The total number of permit holders that would
potentially land northern albacore is 2,662 (2,420 in the Atlantic
Tunas General category; 37 in the Atlantic Tunas Harpoon category; 205
in the Atlantic Tunas Longline category). If the entire quota is
harvested under this no action alternative, average annual revenue
across all permit holders would be $1,698 ($4,519,000/2,662 permit
holders). Under this no action alternative, there would be no short-
term economic impact on these vessel owners.
Under preferred Alternative B2, NMFS would maintain implementation
of the ICCAT northern albacore management procedure, including a
maximum adjusted quota. NMFS has estimated the average impact of the
northern albacore quota under the most recent ICCAT recommendation for
all permit holders. For northern albacore, the United States is
unlikely to achieve 100-percent quota utilization in the short term. In
the long term, however, the U.S. northern albacore fishery could near
100-percent quota utilization. The maximum adjusted quota considered
under Alternative B2 is 1,187.5 mt. Assuming the 2024 average ex-vessel
price of $2.12 per pound and 100-percent quota utilization, total
possible gross revenues across the domestic northern albacore fishery
would be estimated to be $4,826,000 (1,187.5 mt/1.15 dw conversion
factor * $2.12) under Alternative B2. The total number of permit
holders that would potentially land northern albacore is 2,662 (2,420
in the Atlantic Tunas General category; 37 in the Atlantic Tunas
Harpoon category; 205 in the Atlantic Tunas Longline category). If the
entire quota is harvested under this no action alternative, average
annual revenue across all permit holders would be $1,813 ($4,826,000/
2,662 permit holders). This is an increase of $115 per vessel in
average

[[Page 24797]]

annual revenue as compared to the no action alternative, B1.
Under Alternative C1, the no action alternative for bluefin tuna,
NMFS would not implement the increased bluefin tuna quota adopted under
Recommendation 25-05. NMFS has estimated the average impact maintaining
the bluefin tuna quota for all domestic quota categories would have on
individual categories and the permit holders within those categories.
For bluefin tuna, to calculate the average ex-vessel bluefin tuna
revenues under Alternative C1, NMFS first estimated potential category-
wide revenues. The 2024 ex-vessel average price per pound information
for each commercial quota category is used to estimate potential ex-
vessel gross revenues under the current subquotas. The current baseline
subquotas could result in estimated gross revenues of $13.9 million
annually, if fully utilized, broken out by quota category. Revenues in
each category are as follows: General category: $9.3 million (710.7 mt
* $5.92/lb); Harpoon category: $753,056 (59.2 mt * $5.77/lb); Longline
category: $3.4 million (209.3 mt * $7.46/lb); the pelagic longline
bycatch set-aside: $411,158 (25 mt * $7.46/lb); and the Trap category:
$17,540 (1.3 mt * $6.12/lb). Note that these revenues are likely an
underestimation for the General and Harpoon categories, which typically
receive additional quota from the Reserve category (i.e., from the
baseline Reserve subquota, and from the up to 10 percent of the U.S.
baseline quota that could be carried forward from the previous year's
underharvest). These revenues are likely an overestimation for the
Longline and Trap categories, which do not typically land their entire
quotas allocated for incidental bluefin tuna catch. Additionally, there
has been substantial interannual variability in ex-vessel revenues in
each category in recent years, due to recent changes in bluefin tuna
availability and other factors.
To estimate the potential average ex-vessel revenues for each
permit holder that could result from Alternative C1, NMFS divided the
potential annual gross revenues for the General, Harpoon, and Trap
category by the number of permit holders. For the Longline category,
NMFS divided the potential annual gross revenues by the number of
permit holders that received IBQ shares in 2026. This is an appropriate
approach for bluefin tuna fisheries, because available landings data
(weight and ex-vessel value of the fish in price-per-pound) allow NMFS
to calculate the gross revenue earned by a permit holder on a
successful trip. The available data (particularly from non-Longline
permit holders) do not, however, allow NMFS to calculate the effort and
cost associated with each successful trip (e.g., the cost of gas, bait,
ice, etc.), so net revenue for each permit holder cannot be calculated.
As a result, NMFS analyzes the average impact of the proposed
alternatives among all permit holders in each category using gross
revenues.
Success rates for catching and landing bluefin tuna vary widely
across permit holders in each category (due to extent of vessel effort
and availability of commercial-sized bluefin tuna to permit holders
where they fish), but for the sake of estimating potential revenues per
permit holder, category-wide revenues can be divided by the number of
permits in each category. In 2025, there were 2,420 Atlantic Tunas
General category permits, 37 Atlantic Tunas Harpoon category permit,
and no Atlantic Tunas Trap category permits. For the longline fishery,
category-wide revenue is divided by the number of permit holders who
received IBQ shares in 2026 to determine potential revenue per the 76
permit holders, as indicated below. Actual vessel level revenues would
depend, in part, on each permit holder's effort. It is unknown what
portion of HMS Charter/Headboat permit holders actively participate in
the bluefin tuna fishery. HMS Charter/Headboat vessels may fish
commercially under the General category quota and retention limits.
Therefore, NMFS is estimating potential General category ex-vessel
revenue changes using the number of General category permit holders
only.
Estimated potential bluefin tuna revenues on a per permit holder
basis under Alternative C1, the no action alternative, considering the
number of permit holders and estimated gross revenues listed above,
under the current subquotas, could be $3,833 for the General category
permit holders; $20,353 for the Harpoon category permit holders; and
$50,702 for the Longline category, including the pelagic longline
bycatch-set aside quota (using 76 permit holders). Under this no action
alternative, there would be no short-term economic impact on these
vessel owners.
Under preferred Alternative C2, NMFS would implement the U.S.
bluefin tuna quota and distribute it to domestic categories in
accordance with ICCAT Recommendation 25-05 and currently codified quota
regulations. NMFS has estimated the average impact of the bluefin tuna
quota under the most recent ICCAT recommendations for all domestic
quota categories on individual categories and the permit holders within
those categories. For bluefin tuna, to calculate the average ex-vessel
bluefin tuna revenues under Alternative C2, NMFS first estimated
potential category-wide revenues under the maximum potential baseline
subquotas. The 2024 ex-vessel average price per pound information for
each commercial quota category is used to estimate potential ex-vessel
gross revenues under the proposed subquotas. The proposed baseline
subquotas could result in estimated gross revenues of $15.4 million
annually, if finalized and fully utilized, broken out by quota
category. Revenues in each category are as follows: General category:
$10.6 million (815.4 mt * $5.92/lb); Harpoon category: $863,725 (67.9
mt * $5.77/lb); Longline category: $3.9 million (240.1 mt * $7.46/lb);
and pelagic longline bycatch set-aside: $1.2 million (62.5 mt * $7.46/
lb); and Trap category: $20,238 (1.5 mt * $6.12/lb). Note that these
revenues are likely an underestimation for the General and Harpoon
categories, which typically receive additional quota from the Reserve
category (i.e., from the baseline Reserve subquota, and from the up to
10 percent of the U.S. baseline quota that could be carried forward
from the previous year's underharvest). These revenues are likely an
overestimation for the Longline and Trap categories, which do not
typically land their entire quotas allocated for incidental bluefin
tuna catch. Additionally, there has been substantial interannual
variability in ex-vessel revenues in each category in recent years due
to recent changes in bluefin tuna availability and other factors.
To estimate the potential average ex-vessel revenues for each
permit holder that could result from this action for bluefin tuna, NMFS
divided the potential annual gross revenues for the General, Harpoon,
and Trap category by the number of permit holders. For the Longline
category, NMFS divided the potential annual gross revenues by the
number of permit holders that received IBQ shares in 2026. This is an
appropriate approach for bluefin tuna fisheries, in particular, because
available landings data (weight and ex-vessel value of the fish in
price-per-pound) allow NMFS to calculate the gross revenue earned by a
permit holder on a successful trip but not the costs incurred (e.g.,
the cost of gas, bait, ice), so net revenue for each permit holder
cannot be calculated. As a result, NMFS analyzes the average impact of
the proposed alternatives among all permit holders in each category
using gross revenues.

[[Page 24798]]

Success rates for catching and landing bluefin tuna vary widely
across permit holders in each category (due to extent of vessel effort
and availability of commercial-sized bluefin tuna to permit holders
where they fish), but for the sake of estimating potential revenues per
permit holder, category-wide revenues can be divided by the number of
permits in each category. In 2025, there were 2,420 Atlantic Tunas
General category permits, 37 Atlantic Tunas Harpoon category permit,
and no Atlantic Tunas Trap category permits. For the Longline fishery,
category-wide revenue is divided by the number of permit holders who
received IBQ shares in 2026 to determine potential revenue per the 76
permit holders, as indicated below, and actual revenues would depend,
in part, on each permit holder's effort. It is unknown what portion of
HMS Charter/Headboat permit holders actively participate in the bluefin
tuna fishery. HMS Charter/Headboat vessels may fish commercially under
the General category quota and retention limits. Therefore, NMFS is
estimating potential General category ex-vessel revenue changes using
the number of General category permit holders only.
Estimated potential 2026 bluefin tuna revenues on a per permit
holder basis under Alternative C2, the preferred alternative,
considering the number of permit holders and estimated gross revenues
listed above, under the maximum potential subquotas, could be $4,398
for the General category permit holders; $23,344 for the Harpoon
category permit holders; and $65,482 for the Longline category,
including the pelagic longline bycatch-set aside quota (using 76 permit
holders). If the entire quota was harvested under Alternative C2,
permit holders could expect an increase in gross revenues when compared
to the no action alternative. For instance, General category permit
holders could experience an increase of $565; $2,991 for the Harpoon
category permit holders; and $14,780 for the Longline category,
including the pelagic longline bycatch set-aside quota (using 76 permit
holders).
Under Alternative D1, NMFS would maintain the area status quo
(i.e., the NED) and allocate the pelagic longline bycatch set-aside
quota for use by pelagic longline vessels fishing specifically in the
NED. This alternative would likely result in neutral economic impacts
as few vessels currently fish in the NED and catch bluefin tuna. NMFS
does not anticipate a change in fishing effort and thus economic
impacts under this alternative.
Under Alternative D2, NMFS would allocate the pelagic longline
bycatch set-aside quota for use by pelagic longline vessels fishing in
the NED area and the adjacent pelagic longline statistical reporting
areas of the Northeast Coastal (NEC), North Central Atlantic, and
Sargasso Sea as shown in Figure 1 in Section 2.4. Under Alternative D2,
direct economic and social impacts would be neutral to minor beneficial
in the short term and long term. As described above, Alternative C2
would increase the pelagic longline bycatch set-aside quota from 25 mt
to 62.5 mt consistent with ICCAT Recommendation 25-05. Within these
areas, pelagic longline vessels would not have to use IBQ allocation to
account for bluefin tuna catch until the ICCAT-designated pelagic
longline bycatch set-aside quota has been caught. Alternative D2 allows
pelagic longline vessels greater flexibility to catch bluefin tuna
incidentally without using IBQ allocation in areas with more frequent
effort. For instance, pelagic longline vessels are more likely to catch
bluefin tuna incidentally in the NEC as effort for target species is
higher in this area compared to the NED. A possible reason for this
increased effort is that some vessels would be able to travel shorter
distances to reach this area versus the longer distance to reach the
NED. Additionally, Alternative D2 may result in derby-style fishing for
bluefin tuna since individual accounting of bluefin tuna under the IBQ
program would not be enforced until the bycatch set-aside quota of 62.5
mt is reached. As such, pelagic longline fishermen may be more inclined
to rush to fish more sets while the set-aside quota is available
resulting in increased fuel costs and potentially lower-quality market
conditions. Thus, pelagic longline fishermen may not be inclined to
avoid interacting with or catching bluefin tuna as they would not have
to use their IBQ allocation to offset catches. Thus, the pelagic
longline bycatch set-aside quota could be fully utilized by a small
number of vessels before other pelagic longline fishermen could fish in
these areas. In this scenario, pelagic longline fishermen that have
access to these areas would be able to land target species and bluefin
tuna without needing to use or lease IBQ. Furthermore, these vessels
would have additional opportunities to generate revenue as they could
potentially catch and sell additional bluefin tuna, and catch and sell
additional target species, due to the flexibility for more fishing
effort. However, pelagic longline fishermen that could not access these
areas and utilize the set-aside quota due to the set-aside quota being
reached or being located prohibitively far from these areas would
likely have neutral impacts as they would have to use their annual IBQ
allocations for catches of bluefin tuna. Lastly, Alternative D2 would
create an additional cost and administrative burden to NMFS, compared
to Alternatives D1 and D3. Catch of bluefin tuna by pelagic longline
vessels is reported through the online IBQ system and through VMS.
Currently, the areas available for reporting in both programs are
Atlantic, Gulf, and NED. With the addition of new areas under this
alternative, NMFS and partners would need to update and/or add
reporting areas to the online IBQ system and VMS or manually track the
locations of bluefin tuna catches in the Atlantic region.
Under Alternative D2, indirect economic and social impacts to
supporting businesses such as seafood dealers and bait/tackle suppliers
are expected to be neutral to minor beneficial in the short and long
term. Supporting businesses and bait/tackle suppliers may see positive
impacts as pelagic longline fishermen could have more fishing
opportunities for target and incidental species.
Under preferred Alternative D3, NMFS would allocate the pelagic
longline bycatch set-aside quota to pelagic longline IBQ shareholders
with IBQ shares designated for the Atlantic region as defined at Sec.
635.15(c)(3). Under Alternative D3, direct economic and social impacts
would be neutral to minor beneficial in the short term and long term
for IBQ shareholders with IBQ shares designated for the Atlantic region
but neutral for IBQ shareholders with only IBQ shares designated for
the Gulf region. As described above, Alternative C2 would increase the
pelagic longline bycatch set-aside quota from 25 mt to 62.5 mt
consistent with ICCAT Recommendation 25-05. Under this alternative,
NMFS would no longer account for bluefin tuna catch in the NED
separately from bluefin tuna catch in the rest of the Atlantic.
Instead, NMFS would allocate the pelagic longline bycatch set-aside
quota to pelagic longline vessels that have fishing history in the
Atlantic and annually distribute Atlantic allocation to each IBQ
shareholder based on their IBQ share percentage to account for bluefin
tuna catches. IBQ shareholders with shares designated for the Gulf
region would not receive allocation from the set-aside quota, and
Atlantic IBQ allocation cannot be used in the Gulf of America under
existing regulations, which would be maintained. Shareholders with IBQ
shares designated for the Atlantic region

[[Page 24799]]

could be based in the Atlantic or in the Gulf of America, as long as
they have fishing history in the Atlantic, as described at Sec.
635.15(c). Under Alternative D3, Atlantic and Gulf pelagic longline
vessels with Atlantic IBQ shares may be more willing to fish for target
species and incidentally catch additional bluefin tuna compared to
current levels. Furthermore, these vessels may be more willing to lease
IBQ to other vessels through the IBQ system. Thus, direct impacts for
those vessels are likely to have minor beneficial economic and social
impacts in the short term and long term. Pelagic longline vessels that
only fish in the Gulf of America are expected to have neutral impacts
as they would not receive an increase to their IBQ shares designated
for the Gulf region.
Distributing the pelagic longline bycatch set-aside quota through
the IBQ program is anticipated to maintain the objectives and benefits
of the IBQ program, compared to Alternative D2. The IBQ program is
described in Amendments 7 and 13, and the program objectives include
providing incentives for pelagic longline vessel operators to avoid
bluefin tuna interactions and thus reduce bluefin tuna dead discards
and providing flexibility in the IBQ system to minimize constraints on
fishing for target species. In addition, the IBQ program was selected
over other quota management alternatives in Amendment 7 to promote
safety at sea under National Standard 10, since individual quotas were
expected to facilitate vessel operators deciding when and how to fish
their quotas independently from one another, and therefore reduce
somewhat the potential for derby-style fishing behavior (where there is
the incentive for individual vessels to fish sooner rather than later).
Under Alternative D3, indirect economic and social impacts to
supporting businesses such as seafood dealers and bait/tackle suppliers
are expected to be neutral to minor beneficial in the short and long
term. Supporting businesses and bait/tackle suppliers may see positive
impacts as pelagic longline fishermen could have more fishing
opportunities for target and incidental species.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.

Dated: May 4, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 635 as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

0
2. In Sec. 635.15, revise paragraphs (d) and (f)(3)(i), and remove
paragraph (f)(6) to read as follows:

Sec. 635.15 Individual bluefin tuna quotas (IBQs).

* * * * *
(d) Annual IBQ allocations. (1) Annual IBQ allocation from the
baseline Longline category quota. An annual IBQ allocation is the
amount of BFT (whole weight) in metric tons corresponding to an IBQ
shareholder's share percentage, distributed to their vessel to account
for incidental landings and dead discards of BFT during a specified
calendar year. NMFS will distribute IBQ allocations only when there is
a valid Atlantic Tunas Longline category LAP associated with a vessel.
Unless otherwise required under paragraph (f)(4) of this section, an
IBQ allocation is derived by multiplying the IBQ share percentage
(calculated under paragraph (c)(1) of this section) by the baseline
Longline category quota for that year. If the baseline quota is
adjusted during the fishing year, the annual IBQ allocation may also be
adjusted as specified in paragraph (e)(2) of this section.
(2) The IBQ Program and the pelagic longline bycatch set-aside
quota. In addition to the annual IBQ allocation described in paragraph
(d)(1) of this section, NMFS will annually allocate the pelagic
longline bycatch set-aside quota under Sec. 635.27(a)(3) to IBQ
shareholders with ATL shares. The allocation of the pelagic longline
bycatch set-aside quota will be derived by multiplying the IBQ share
percentage (calculated under paragraph (c)(1) of this section) by the
pelagic longline bycatch set-aside quota. The IBQ shares and resultant
allocations of the pelagic longline bycatch set-aside quota will be
designated as only ATL shares. If the pelagic longline bycatch set-
aside quota is adjusted during the fishing year, the annual IBQ
allocation may also be adjusted as specified under paragraph (e)(2) of
this section. The BFT accounting requirement of paragraph (f)(3) of
this section is applicable.
* * * * *
(f) * * *
(3) * * *
(i) Catch deduction from IBQ allocations. All BFT landings must be
deducted from the vessel's IBQ allocation at the end of each trip by
providing information to, and coordinating with the dealer. Dead
discards will be deducted from the vessel's IBQ allocation by the Catch
Shares Online System, when the vessel operator reports dead discards
through VMS as required under Sec. 635.69(e)(4)(i).
* * * * *
0
3. In Sec. 635.27, revise paragraphs (a) introductory text, (a)(1)(i)
introductory text, (a)(2) introductory text, (a)(2)(ii), (a)(3),
(a)(4), (a)(5), (a)(6)(i), and (c)(1) introductory text to read as
follows:

Sec. 635.27 Quotas.

(a) BFT. Consistent with ICCAT recommendations, the baseline annual
U.S. BFT quota will be allocated among the General, Angling, Harpoon,
Longline, Trap, and Reserve categories, as described in this section.
BFT quotas are specified in whole weight. The baseline annual U.S. BFT
quota is 1,509.98 mt, not including an additional annual 62.5-mt
pelagic longline bycatch set-aside quota provided in paragraph (a)(3)
of this section. This baseline BFT quota is divided among the
categories according to the following percentages: General--54 percent
(815.4 mt); Angling--22.6 percent (341.3 mt), which includes the school
BFT held in reserve as described under paragraph (a)(6)(ii) of this
section; Longline--15.9 percent (240.1 mt) (total not including the
62.5-mt pelagic longline bycatch set-aside quota from paragraph (a)(3)
of this section); Harpoon--4.5 percent (67.9 mt); Trap--0.1 percent
(1.5 mt); and Reserve--2.9 percent (43.8 mt). NMFS may make inseason
and annual adjustments to quotas as specified in paragraphs (a)(8) and
(9) of this section.
(1) * * *
(i) Catches from vessels for which Atlantic Tunas General category
permits have been issued and certain catches from vessels for which an
HMS Charter/Headboat permit has been issued are counted against the
General category quota in accordance with Sec. 635.23(c)(3). Pursuant
to paragraph (a) of this section, the amount of large medium and giant
BFT that may be caught, retained, possessed, landed, or sold under the
General category quota is 815.4 mt, and is apportioned as follows,
unless modified as described under paragraph (a)(1)(ii) of this
section:
* * * * *

[[Page 24800]]

(2) Angling category quota. In accordance with the framework
procedures as described under Sec. 635.34, prior to each fishing year,
or as early as feasible, NMFS will establish the Angling category daily
retention limits. In accordance with paragraph (a) of this section, the
total amount of BFT that may be caught, retained, possessed, and landed
by anglers aboard vessels for which an HMS Angling permit or an HMS
Charter/Headboat permit has been issued is 341.3 mt. No more than 3.1
percent of the annual Angling category quota may be large medium or
giant BFT. In addition, no more than 10 percent of the baseline annual
U.S. BFT quota, inclusive of the allocation specified in paragraph
(a)(3) of this section, may be school BFT. The Angling category quota
includes the amount of school BFT held in reserve under paragraph
(a)(6)(ii) of this section. The size class subquotas for BFT are
further subdivided as follows:
* * * * *
(ii) After adjustment (Angling category quota minus school and
large medium/giant subquotas), resulting in a large school/small medium
subquota of 173.4 mt, an amount equal to 52.8 percent may be caught,
retained, possessed, or landed south of 39[deg]18' N lat. The remaining
large school/small medium BFT Angling category quota may be caught,
retained, possessed, or landed north of 39[deg]18' N lat.
* * * * *
(3) Longline category quota. Pursuant to paragraph (a) of this
section, the total amount of large medium and giant BFT that may be
caught, discarded dead, or retained, possessed, or landed by vessels
that possess Atlantic Tunas Longline category permits is 240.1 mt. In
addition, pelagic longline vessels with ATL IBQ are allocated, as
described in Sec. 635.15(d)(2), a pelagic longline bycatch set-aside
quota of 62.5 mt. For purposes of the closure authority under Sec.
635.28(a)(1), regional IBQ allocations under Sec. 635.15(c)(3) and the
BFT catch cap for fishing in the Gulf of America (Sec.
635.15(c)(3)(iii)) are considered quotas.
(4) Harpoon category quota. The total amount of large medium and
giant BFT that may be caught, retained, possessed, landed, or sold by
vessels that possess Atlantic Tunas Harpoon category permits is 67.9
mt. The Harpoon category fishery commences on June 1 of each year, and
closes on November 15 of each year.
(5) Trap. The total amount of large medium and giant BFT, that may
be caught, retained, possessed, or landed by vessels that possess
Atlantic Tunas Trap category permits is 1.5 mt.
(6) * * *
(i) The total amount of BFT that is held in reserve is 43.8 mt,
which may be augmented by allowable underharvest from the previous
year. Consistent with paragraphs (a)(7) through (a)(9) of this section,
NMFS may allocate any portion of the Reserve category quota for
inseason or annual adjustments to any fishing category quota. NMFS may
also use any portion of the Reserve category quota for adjustments to,
or appeals of, IBQ allocations (see Sec. 635.15(e)(1)(i)) and research
using quota or subquotas (see Sec. 635.32).
* * * * *
(c) * * *
(1) Categories. Consistent with ICCAT recommendations, the ICCAT
North Atlantic swordfish management procedure, and domestic management
objectives, the fishing year's total amount of swordfish that may be
caught, retained, possessed, or landed by persons and vessels subject
to U.S. jurisdiction is divided into quotas for the North Atlantic
swordfish stock and the South Atlantic swordfish stock. The quota for
the North Atlantic swordfish stock is further divided into equal semi-
annual directed fishery quotas, an annual incidental catch quota for
fishermen targeting other species or taking swordfish recreationally,
and a reserve category.
* * * * *
[FR Doc. 2026-09059 Filed 5-6-26; 8:45 am]
BILLING CODE 3510-22-P

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