Rule2026-10816
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Angling Category Retention Limit Adjustment
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
May 29, 2026
Effective
June 1, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the Angling category Atlantic bluefin tuna (BFT) daily retention limit from the default of one school, large school, or small medium BFT to: two BFT per vessel per day/trip measuring 27 inches (68.5 cm) to less than 73 inches (185 cm) curved fork length (CFL), only one of which can be large school/small medium- sized fish (47 inches (119 cm) to less than 73 inches (185 cm) CFL) for private vessels with Highly Migratory Species (HMS) Angling category permits; three BFT per vessel per day/trip measuring 27 inches to less than 73 inches CFL, only one of which can be large school/small medium for charter boat vessels with HMS Charter/Headboat permits when fishing recreationally for BFT; and six BFT per vessel per day/trip measuring 27 inches to less than 73 inches CFL, only one of which can be large school/small medium for headboat vessels with HMS Charter/Headboat permits when fishing recreationally for BFT. These retention limits are effective in all areas, except for the Gulf of America, where targeted fishing for BFT is prohibited.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Rules and Regulations]
[Pages 31981-31983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10816]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XF784]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Angling Category Retention Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the Angling category Atlantic bluefin tuna
(BFT) daily retention limit from the default of one school, large
school, or small medium BFT to: two BFT per vessel per day/trip
measuring 27 inches (68.5 cm) to less than 73 inches (185 cm) curved
fork length (CFL), only one of which can be large school/small medium-
sized fish (47 inches (119 cm) to less than 73 inches (185 cm) CFL) for
private vessels with Highly Migratory Species (HMS) Angling category
permits; three BFT per vessel per day/trip measuring 27 inches to less
than 73 inches CFL, only one of which can be large school/small medium
for charter boat vessels with HMS Charter/Headboat permits when fishing
recreationally for BFT; and six BFT per vessel per day/trip measuring
27 inches to less than 73 inches CFL, only one of which can be large
school/small medium for headboat vessels with HMS Charter/Headboat
permits when fishing recreationally for BFT. These retention limits are
effective in all areas, except for the Gulf of America, where targeted
fishing for BFT is prohibited.
DATES: Effective June 1, 2026, through December 31, 2026, or until NMFS
via a notice in the Federal Register announces another adjustment to
the retention limit.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#deb2bfacaca7f0acbbbaba9eb0b1bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="35595447474c1b47505151755b5a54541b525a43">[email protected]</span></a>,
or Becky Curtis, <a href="/cdn-cgi/l/email-protection#02606761697b2c617770766b71426c6d63632c656d74"><span class="__cf_email__" data-cfemail="93f1f6f0f8eabdf0e6e1e7fae0d3fdfcf2f2bdf4fce5">[email protected]</span></a>, by email or by phone at 301-
427-8503.
SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the
2006 Consolidated Highly Migratory Species Fishery Management Plan (HMS
FMP) and its amendments, pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) and consistent with the Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.). ATCA is the implementing statute for binding
recommendations of the International Commission for the Conservation of
Atlantic Tunas (ICCAT). The HMS FMP and its amendments are implemented
by regulations at 50 CFR part 635. Section 635.27(a) divides the U.S.
BFT quota, established by ICCAT and as implemented by the United States
among the various domestic fishing categories, per the allocations
established in the HMS FMP and its amendments. NMFS is required under
the Magnuson-Stevens Act at 16 U.S.C. 1854(g)(1)(D) to provide U.S.
fishing vessels with a reasonable opportunity to harvest quotas under
relevant international fishery agreements such as the ICCAT Convention,
which is implemented domestically pursuant to ATCA.
As described in Sec. 635.27(a), the current baseline U.S. BFT
quota is 1,316.14 metric tons (mt) (not including the 25-mt ICCAT
allocated to the United States to account for bycatch of BFT in pelagic
longline fisheries in the Northeast Distant Gear Restricted Area). The
Angling category baseline quota is 297.4 mt. This baseline quota is
further subdivided into subquotas by size class (see table 1) as
follows: 134.1 mt for school BFT, 154.1 mt for large school/small
medium BFT, and 9.2 mt for large medium/giant BFT. Large school and
small medium BFT traditionally have been managed as one size class,
i.e., a limit of one large school/small medium BFT (measuring 47 to
less than 73 inches (119 to less than 150 cm) CFL). Similarly, large
medium and giant BFT traditionally have been managed as one size class
that is also known as the ``trophy'' class. Currently, the default
Angling category daily retention limit of one school, large school, or
small medium BFT is in effect and applies to HMS Angling and HMS
Charter/Headboat permitted vessels (when fishing recreationally for
BFT) (Sec. 635.23(b)(2)).
Table 1--BFT Size Classes
------------------------------------------------------------------------
Size class Curved fork length
------------------------------------------------------------------------
School................................. 27 to less than 47 inches (68.5
to less than 119 cm).
Large school........................... 47 to less than 59 inches (119
to less than 150 cm).
Small medium........................... 59 to less than 73 inches (150
to less than 185 cm).
Large medium........................... 73 to less than 81 inches (185
to less than 206 cm).
Giant.................................. 81 inches or greater (206 cm or
greater).
------------------------------------------------------------------------
Separate from this action, NMFS published a proposed rule that
would implement the 2025 ICCAT recommendation (Recommendation 25-05)
regarding western BFT management (91 FR 24789, May 7, 2026). Consistent
with the recommendation, that proposed rule would increase the baseline
U.S. BFT quota from 1,316.14 mt to 1,509.98 mt and adjust all the
subquotas accordingly. In that proposed rule, the Angling baseline
quota would increase from 297.4 mt to 341.3 mt. The comment period on
that proposed rule ends on June 8, 2026. Any final rule implementing
ICCAT Recommendation 25-05 would likely be effective in mid-2026 or
later.
Adjustment of Angling Category Daily Retention Limit
Under Sec. 635.23(b)(3), NMFS may increase or decrease the Angling
category daily retention limit for any size class of BFT after
considering the regulatory determination criteria under Sec.
635.27(a)(7). Also under Sec. 635.23(b)(3), recreational retention
limits may be adjusted separately for specific vessel type, such as
private vessels, charter boats, or headboats.
NMFS has considered all of the relevant determination criteria and
their applicability to the change in the Angling category retention
limit. After considering these criteria, NMFS has decided to adjust the
Angling category retention limit as follows:
(1) For private vessels with HMS Angling permits, this action
increases the limit to two BFT per vessel per day/trip measuring 27
inches (68.5 cm) to less than 73 inches (185 cm) CFL, only one of which
can be a large school/small
[[Page 31982]]
medium-sized BFT (47 inches (119 cm) to less than 73 inches (185 cm)
CFL). In other words, a private vessel could land two school-sized BFT
or could land one school-sized fish and one large school/small medium-
sized fish.
(2) For charter boat vessels with HMS Charter/Headboat permits when
fishing recreationally for BFT, this action increases the limit to
three BFT per vessel per day/trip measuring 27 inches (68.5 cm) to less
than 73 (185 cm) CFL, only one of which can be a large school/small
medium-sized BFT (47 inches (119 cm) to less than 73 inches (185 cm)
CFL). In other words, a charter boat vessel could land three school-
sized BFT or could land two school-sized BFT and one large school/small
medium-sized BFT.
(3) For headboat vessels with HMS Charter/Headboat permits when
fishing recreationally for BFT, this action increases the limit to six
BFT per vessel per day/trip measuring 27 inches (68.5 cm) to less than
73 (185 cm) CFL, only one of which can be a large school/small medium-
sized BFT (47 inches (119 cm) to less than 73 inches (185 cm) CFL). In
other words, a headboat vessel could land six school-sized BFT or could
land five school-sized BFT and one large school/small medium-sized BFT.
Regardless of the duration of a fishing trip, no more than a single
day's retention limit may be possessed or retained at the end of the
trip upon landing. For example, whether a private vessel (fishing under
the Angling category retention limit) takes a two-day trip or makes two
trips in one day, the day/trip retention limit of two school-sized BFT
or one school-sized fish and one large school/small medium-sized fish
would apply and could not be exceeded upon landed.
If needed, NMFS could take another action later in the year to
modify these retention limits or close the fishery.
Consideration of the Determination Criteria
As described above, under Sec. 635.23(b)(3), NMFS may increase or
decrease the retention limit for any size class of BFT or change a
vessel trip limit to an angler trip limit and vice versa after
considering the regulatory determination criteria under Sec.
635.27(a)(7). These considerations include, but are not limited to, the
following:
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock (Sec. 635.27(a)(7)(i)), biological samples
collected from BFT landed by recreational fishermen continue to provide
NMFS with valuable parts and data for ongoing scientific studies of BFT
age and growth, migration, and reproductive status. Additional
opportunity to land BFT in the Angling category would support the
continued collection of a broad range of data for these studies and for
stock monitoring purposes.
NMFS also considered the catches of the Angling category quota to
date and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(7)(ii)). In addition to Angling
category landings to date in 2026, NMFS considered Angling category
landings in 2025, which totaled 189.5 mt, exceeding the adjusted 187.3
mt Angling category quota by 1 percent. NMFS notes that in 2025, the
baseline Angling category quota was adjusted from 297.4 mt to 187.3 to
account for quota overages in 2024 (90 FR 60017, December 23, 2025).
Furthermore, in 2025, NMFS closed the Angling category fishery for
school and large school/small medium-sized BFT for the remainder of the
2025 fishing year on August 12, 2025 (90 FR 38709). For the Angling
category, in 2025, school and large school/small medium BFT landings
totaled 100.7 mt and 73.5 mt, respectively. The daily retention limits
for private, charter boat, and headboat vessels in 2025 were lower than
the daily retention limits established in this action as a result of
the Angling category quota reduction (i.e., NMFS did not set higher
retention limits due to less available quota). However, for the 2026
fishing year, NMFS does not anticipate having to reduce the Angling
category quota from the baseline amount of 297.4 mt. Additionally, if
the proposed rule implementing ICCAT Recommendation 25-05 is finalized
(91 FR 24789, May 7, 2026), the baseline quota would be increased,
potentially providing additional fishing opportunities.
Given fishery performance in recent years and the high availability
of BFT on fishing grounds, the Angling category may need to be closed
even if that proposed rule increasing the quota is finalized. NMFS
expects that if a closure is needed, the closure would happen later in
the fall. Despite this possibility, after considering the other
criteria, NMFS is adjusting the retention limits to provide
opportunities for anglers to take advantage of the BFT that are
currently available on the fishing grounds. NMFS believes that this
adjustment should provide a reasonable opportunity to harvest the
available quota while maintaining equitable fishing opportunities
across the fishery. If needed, NMFS could take another action later in
the year to modify the retention limits or close the fishery.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the HMS FMP (Sec. 635.27(a)(7)(v) and (vi)). Adjusting the retention
limits would be consistent with established quotas and subquotas, which
are implemented consistent with ICCAT Recommendations, ATCA, and the
objectives of the HMS FMP and its 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. Making these
retention limit adjustments is in line with the established management
measures and stock status determinations. It is also important that
NMFS limit landings to the quotas and subquotas both to adhere to the
domestic allocations and to ensure that landings are as consistent as
possible with the pattern of fishing mortality (e.g., fish caught at
each age) that was assumed in the latest stock assessment. These
retention limit adjustments are consistent with those objectives.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the available
Angling category quota without exceeding the annual quota. This
consideration is based on the objectives of the HMS FMP and its
amendments, and it includes achieving optimum yield on a continuing
basis and optimizing the ability of all permit categories to harvest
available BFT quota allocations (see Sec. 635.27(a)(7)(x)).
Furthermore, NMFS examined the results of the 2025 fishing year
under the applicable daily retention limits, as well as the observed
trend in the recreational fishery harvesting heavier fish, particularly
in the large school and small medium size classes. In reviewing size
class trends across recent years, NMFS expects the available year-class
to be primarily heavier fish (see Sec. 635.27(a)(7)(vii)). NMFS
believes the retention limits established through this action, which
provides for the opportunity to land no more than one large school/
small medium fish per vessel per day/trip for all vessel types, provide
opportunities to harvest the available large school/small medium BFT
subquota without exceeding it. If needed, NMFS could take an additional
action later in the year to modify the retention limits or close the
fishery.
Lastly, NMFS has concluded that implementation of separate limits
for
[[Page 31983]]
private and charter/headboat vessels is appropriate, recognizing the
different nature, social and economic needs, and recent landings
results of these components of the recreational BFT fishery. For
example, charter operators historically have indicated that a retention
limit greater than the default limit of one fish is vital to their
ability to attract customers. In addition, the Large Pelagics Survey
estimates indicate that charter/headboat BFT landings averaged 76
percent of recent Angling category landings for 2025, with the
remaining 24 percent landed by private vessels. NMFS has further
concluded that a higher limit for headboats (than charter boats) is
appropriate, given the limited number of headboats participating in the
BFT fishery.
Given these considerations, NMFS has determined that the Angling
category daily retention limits applicable to HMS Angling and HMS
Charter/Headboat permitted vessels should be adjusted from the default
levels. The retention limits established through this action are
intended to provide a reasonable opportunity to harvest the available
Angling category quota and subquotas, without exceeding them, while
maintaining equitable fishing opportunities. NMFS acknowledges that the
BFT daily retention limits in this action may result in landings during
2026 that could reach or exceed the annual Angling category quota and
subquotas. However, lower retention limits could result in substantial
social and economic impacts for the recreational BFT fishery.
Furthermore, if effort is lower than previous years or if catch rates
are not as high as anticipated, maintaining the default retention limit
could result in an underharvest of the Angling category quota and
subquotas. As described earlier, if needed and appropriate, NMFS could
take additional action(s) later in the year to increase or decrease the
retention limits or close the fishery.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. HMS Angling
and HMS Charter/Headboat permitted vessel owners are required to report
the catch of all BFT retained or discarded dead, within 24 hours of the
landing(s) or the end of each trip, by accessing <a href="https://hmspermits.noaa.gov">https://hmspermits.noaa.gov</a> or by using the HMS Catch Reporting app, or calling
(888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.
Eastern Time).
Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional retention limit adjustments or
closures are necessary to ensure available quota is not exceeded or to
enhance scientific data collection from, and fishing opportunities in,
all geographic areas. If needed, subsequent adjustments will be
published in the Federal Register. In addition, fishermen may access
<a href="https://hmspermits.noaa.gov">https://hmspermits.noaa.gov</a>, for updates on quota monitoring and
inseason adjustments.
HMS Angling and HMS Charter/Headboat permit holders may catch and
release (or tag and release) BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs at
Sec. 635.26. All BFT that are released must be handled in a manner
that will maximize their survival, and without removing the fish from
the water, consistent with requirements at Sec. 635.21(a)(1). For
additional information on safe handling, see the ``Careful Catch and
Release'' brochure available at <a href="https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure">https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure</a>.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635 and
this action is exempt from review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 533(b)(B), there is good cause to waive prior notice of, and an
opportunity for public comment on, this action because it is
impracticable and contrary to the public interest. Specifically, the
regulations implementing the HMS FMP and its amendments provide for
inseason retention limit adjustments to respond to the unpredictable
nature of BFT availability on the fishing grounds, the migratory nature
of this species, and the regional variations in the BFT fishery. Based
on available quotas, fishery performance in recent years, and the
availability of BFT on the fishing grounds, responsive adjustment of
the daily retention limit is warranted to provide additional
flexibility to maximize fishing opportunities to land the available BFT
quota. It is impracticable for NMFS to have proposed this action
earlier, as it needed to consider and respond to complete 2025
recreational landings data and the most recent 2026 recreational
landings data about daily landing trends and the availability of BFT on
the fishing grounds. If NMFS was to offer a public comment period now,
after having appropriately considered that information, it would
preclude the fishery from harvesting BFT that are legally available
consistent with all of the regulatory criteria, and/or could result in
selection of a retention limit inappropriately high or low for the
amount of quota available for the period. Fisheries under the default
Angling category daily retention limit are currently underway and thus
prior notice would be contrary to the public interest. Delays in this
action would adversely affect those HMS Angling and Charter/Headboat
permitted vessels that would otherwise have an opportunity to harvest
more than the default retention limit of one school, large school, or
small medium BFT per day/trip, contrary to the public interest.
Analysis of available data shows that adjustment to the BFT daily
retention limit from the default level would result in minimal risk of
exceeding the ICCAT-allocated quota given NMFS ability to further
adjust the retention limit or close the fishery as needed. NMFS
provides notification of retention limit adjustments by publishing the
notice in the Federal Register, emailing individuals who have
subscribed to the Atlantic HMS News electronic newsletter, and updating
the information posted on the Atlantic Tunas Information Line and on
<a href="https://hmspermits.noaa.gov">https://hmspermits.noaa.gov</a>. Taking this action does not raise
conservation and management concerns and would support effective
management of the BFT fishery. NMFS notes that the public had an
opportunity to comment on the underlying rulemakings that established
the U.S. BFT quota and the inseason adjustment criteria.
For all of the above reasons, the AA also finds that pursuant to 5
U.S.C. 553(d)(3), there is good cause found to waive the 30-day delay
in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 27, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-10816 Filed 5-27-26; 4:15 pm]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 29, 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.