Rule2026-10891
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Harpoon Category Retention Limit Adjustment
Primary source
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Published
June 1, 2026
Effective
June 1, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is decreasing the Harpoon category daily retention limit from the default of no more than a combined total of 10 large medium and giant bluefin tuna (BFT) (i.e., measuring 73 inches (185 cm) or greater curved fork length (CFL)), to no more than a combined total of 5 large medium and giant BFT. The incidental catch limit of two large medium BFT per vessel per day/trip remains unchanged. This retention limit applies to Atlantic Tunas Harpoon category permitted vessels from June 1 through the remainder of the 2026 Harpoon category fishing season, which concludes on November 15, 2026, or until further modified.
Full Text
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<title>Federal Register, Volume 91 Issue 104 (Monday, June 1, 2026)</title>
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[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Rules and Regulations]
[Pages 32361-32363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10891]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XF752]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Harpoon Category Retention Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; retention limit adjustments.
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SUMMARY: NMFS is decreasing the Harpoon category daily retention limit
from the default of no more than a combined total of 10 large medium
and giant bluefin tuna (BFT) (i.e., measuring 73 inches (185 cm) or
greater curved fork length (CFL)), to no more than a combined total of
5 large medium and giant BFT. The incidental catch limit of two large
medium BFT per vessel per day/trip remains unchanged. This retention
limit applies to Atlantic Tunas Harpoon category permitted vessels from
June 1 through the remainder of the 2026 Harpoon category fishing
season, which concludes on November 15, 2026, or until further
modified.
DATES: Effective from June 1, 2026, through November 15, 2026, or until
NMFS announces via a notice in the Federal Register another adjustment
to the retention limit.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#ddbfb8beb6a4f3bea8afa9b4ae9db3b2bcbcf3bab2ab"><span class="__cf_email__" data-cfemail="8ceee9efe7f5a2eff9fef8e5ffcce2e3ededa2ebe3fa">[email protected]</span></a>,
or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#2e424f5c5c57005c4b4a4a6e40414f4f00494158"><span class="__cf_email__" data-cfemail="ed818c9f9f94c39f888989ad83828c8cc38a829b">[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 are at 50 CFR part 635. Section 635.27(a) divides the
U.S. BFT quota, established by ICCAT and as implemented by the United
States among the various domestic fishing categories, per the
allocations established in the HMS FMP and its amendments. NMFS is
required under the Magnuson-Stevens Act at 16 U.S.C. 1854(g)(1)(D) to
provide U.S. fishing vessels with a reasonable opportunity to harvest
quotas under relevant international fishery agreements such as the
ICCAT Convention, which is implemented domestically pursuant to ATCA.
As described in Sec. 635.27(a), the current baseline U.S. BFT
quota is 1,316.14 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
Harpoon category baseline quota is 59.2 mt. As described in Sec.
635.23(d)(1), the default Harpoon category daily retention limit is no
more than 10 large medium and giant BFT, combined, per vessel per day/
trip. As described in
[[Page 32362]]
Sec. 635.23(d)(2), the incidental daily catch limit is no more than
two large medium BFT (i.e., measuring 73 inches (185 cm) to less than
81 inches (206 cm) CFL) per vessel per day/trip. As such, under the
default retention limit, if the vessel owner/operator retains two large
medium BFT during a day/trip, they may retain a maximum of eight giant
BFT on that same day/trip.
Separate from this action, NMFS published a proposed rulemaking
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 proposes
increasing the baseline U.S. BFT quota from 1,316.14 mt to 1,509.98 mt
and adjusting all the subquotas accordingly. In that proposed rule, the
General category baseline quota would increase from 710.7 mt to 815.4
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 the Harpoon Category Daily Retention Limit
NMFS may increase or decrease the Harpoon category daily retention
limit after considering the regulatory determination criteria under
Sec. 635.27(a)(7). For the Harpoon category, NMFS may adjust the
overall daily retention limit of large medium and giant BFT, combined,
per vessel per day over a range of 5 to 10 BFT per vessel per day (see
Sec. 635.23(d)(1)). NMFS may also adjust the incidental daily catch
limit for the Harpoon category over a range of two to four large medium
BFT per vessel per day (see Sec. 635.23(d)(2)).
As described below, NMFS has considered all relevant determination
criteria for adjusting the BFT retention limit in the Harpoon category
and has decided to decrease the overall daily retention limit for the
Harpoon category to no more than five large medium and giant BFT,
combined, per vessel per day/trip (i.e., BFT measuring 73 inches (185
cm) CFL or greater). This action maintains the incidental daily catch
limit of two large medium BFT (i.e., measuring 73 inches (185 cm) to
less than 81 inches (206 cm) CFL) per vessel per day/trip. As such, if
two large medium BFT are retained during a day/trip, no more than three
giant BFT may be retained on the same day/trip. Similarly, if no large
medium BFT are retained, then all five BFT could be giant BFT. This
adjustment would apply from June 1 through the remainder of the 2026
Harpoon category fishing season, which concludes on November 15, 2026,
or until NMFS announces via a notice in the Federal Register another
adjustment to the retention limit.
Regardless of the duration of a fishing trip, no more than a single
day's daily retention limit may be possessed or retained at the end of
the trip for Harpoon category vessels (Sec. 635.23(d)(3)). For
example, a Harpoon category vessel cannot exceed the daily limit of
five combined large medium and giant BFT, regardless of the trip's
length or number of trips in a day. This retention limit is effective
in all areas, except for the Gulf of America, where NMFS prohibits
targeted fishing for BFT. The Harpoon category retention limit applies
to those vessels permitted in the Harpoon category.
Consideration of the Determination Criteria
As described above, under Sec. 635.23(d)(1), NMFS may adjust the
daily retention limit of large medium and giant BFT in the Harpoon
category after considering the regulatory determination criteria under
Sec. 635.27(a)(7). 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 Harpoon category
fishermen and provided by BFT dealers continue to provide NMFS with
valuable parts and data for ongoing scientific studies of BFT age and
growth, migration, and reproductive status. Additional opportunity to
land BFT in the Harpoon 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 Harpoon category quota in
recent years (i.e., most recently in 2025) and the likelihood of
closure of the Harpoon category if no adjustment is made (Sec.
635.27(a)(7)(ii)). Commercial-size BFT are anticipated to migrate to
the fishing grounds off the northeast U.S. coast by early June. Given
the possibility of high catch rates in early June, decreasing the
retention limit from a combined 10-fish limit to a combined 5-fish
limit could assist in extending the time required to fully harvest the
quota. If catch rates are lower than expected, NMFS could take another
action later in the season to increase the retention limit.
NMFS also considered the effects of this retention limit 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 limit for this category would be consistent with
established quotas and subquotas, which are implemented consistent with
ICCAT recommendations, ATCA, and the objectives of the HMS FMP and
amendments. In establishing these quotas and subquotas and associated
management measures, ICCAT and NMFS considered the best scientific
information available, objectives for stock management and status, and
effects on the stock. Making this adjustment 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. This retention limit adjustment is consistent with those
objectives.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the available
Harpoon category quota without exceeding the annual quota. This
consideration is based on the objectives of the HMS FMP and its
amendments, and includes achieving optimum yield on a continuing basis
and optimizing the ability of all permit categories to harvest
available BFT quota allocations (related to Sec. 635.27(a)(7)(x)).
NMFS will actively monitor catch rates for the Harpoon category and
adjust the daily retention limit as needed throughout the fishing
season to facilitate scientific data collection and maintain fishing
opportunities while preventing the exceedance of available quota. For
the Harpoon category, a 10-fish (combined) daily retention limit could
result in diminished fishing opportunities, and the premature closure
of the Harpoon category. A 5-fish (combined) daily retention limit for
the remainder of the fishing season will provide equitable fishing
opportunities for all Harpoon category participants.
Given these considerations, NMFS has determined that a 5-fish
(combined) daily retention limit for the Harpoon category is warranted
for the fishing year. This retention limit would provide a reasonable
opportunity to harvest the available U.S. BFT quota, without exceeding
it, while maintaining an equitable distribution of fishing
opportunities; help optimize the ability of the Harpoon category to
harvest the available quota; allow the collection of a broad range of
data for stock monitoring purposes; and be consistent
[[Page 32363]]
with the objectives of the HMS FMP and amendments.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. Per Sec.
635.5(b)(2)(i)(A), dealers are required to submit landing reports
within 24 hours of receiving BFT. Late reporting by dealers compromises
NMFS' ability to timely implement actions such as quota and retention
limit adjustment, as well as closures, and may result in enforcement
actions. Additionally, and separate from the dealer reporting
requirement, Harpoon category permitted vessel owners are required per
Sec. 635.5(a)(4) to report their own catch of all BFT retained or
discarded dead within 24 hours of the landing(s) or end of each trip,
by accessing <a href="https://hmspermits.noaa.gov">https://hmspermits.noaa.gov</a> 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.).
Depending on the level of fishing effort and catch rates of BFT at
that time, and after consideration of all the criteria specified at
Sec. 635.27(a)(7), NMFS may determine that additional adjustments are
necessary to ensure the available quota is not exceeded or to enhance
scientific data collection from, and fishing opportunities in, all
geographic areas. If needed, subsequent adjustments will be published
in the Federal Register. In addition, fishermen may access <a href="https://hmspermits.noaa.gov">https://hmspermits.noaa.gov</a>, for updates on quota monitoring and inseason
adjustments.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635 and
this action is exempt from review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 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 for the following
reasons. 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. Providing for prior notice and opportunity to comment
is impracticable and contrary to the public interest as this fishery is
currently underway and, based on available BFT quota, recent fishery
performance, and the presence of BFT on fishing grounds, responsive
adjustments to the Harpoon category BFT daily retention limit from its
default level is warranted. This adjustment aims to enable fishermen to
capitalize on the availability of fish and quota. NMFS could not have
proposed this adjustment earlier, as it needed to thoroughly assess
updated data and information concerning fishery conditions and this
year's landings. Offering a public comment period now, after
appropriately considering this data, would prevent fishermen from
legally harvesting BFT in alignment with all regulatory criteria.
Additionally, it could lead to the use of a retention limit unsuitable
to the available quota for the period.
Adjustment of the Harpoon category retention limit needs to be
effective June 1, 2026, or as soon as possible thereafter, to minimize
any unnecessary disruption in fishing patterns, to allow the impacted
sectors to benefit from the adjustment, and to not preclude fishing
opportunities for fishermen in geographic areas with access to the
fishery only during this time period. The Harpoon category will
commence on June 1, and thus prior notice would be contrary to the
public interest. Delays in decreasing this retention limit would
adversely affect Harpoon category permitted vessels, that would
otherwise have an opportunity to harvest BFT if the fishery were to
remain open for as long as feasible throughout the year. Limited
opportunities to harvest the available quota may have negative social
and economic impacts for U.S. fishermen that depend upon catching the
available quota designated in the HMS FMP and amendments. Analysis of
available data shows that adjustment to the BFT daily retention limit
from the default level would decrease any risks of exceeding the ICCAT-
allocated quota. 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>.
For all of the above reasons, the AA finds that pursuant to 5
U.S.C. 553(d), there is also good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 28, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-10891 Filed 5-28-26; 4:15 pm]
BILLING CODE 3510-22-P
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