Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Angling Category Quota Transfer

Issuing agencies

Abstract

NMFS is transferring 15 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Angling category large school/small medium subquota. This transfer results in an adjusted Angling category large school/small medium subquota of 188.4 mt and an adjusted Reserve category quota of 27 mt. This action is intended to provide further harvest opportunities for Angling category fishermen, based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to HMS Angling and HMS Charter/Headboat permitted vessels when fishing recreationally for BFT.

Full Text

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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Rules and Regulations]
[Pages 65472-65474]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21080]



[[Page 65472]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 260813-0186; RTID 0648-XG077]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Angling Category Quota Transfer

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

ACTION: Temporary rule; quota transfer.

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SUMMARY: NMFS is transferring 15 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the Angling category 
large school/small medium subquota. This transfer results in an 
adjusted Angling category large school/small medium subquota of 188.4 
mt and an adjusted Reserve category quota of 27 mt. This action is 
intended to provide further harvest opportunities for Angling category 
fishermen, based on consideration of the regulatory determination 
criteria regarding inseason adjustments and applies to HMS Angling and 
HMS Charter/Headboat permitted vessels when fishing recreationally for 
BFT.

DATES: The quota transfer is effective October 13, 2026 through 
December 31, 2026.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#3e525f4c4c47104c5b5a5a7e50515f5f10595148"><span class="__cf_email__" data-cfemail="ec808d9e9e95c29e898888ac82838d8dc28b839a">[email&#160;protected]</span></a> 
or Becky Curtis, <a href="/cdn-cgi/l/email-protection#d5b7b0b6beacfbb6a0a7a1bca695bbbab4b4fbb2baa3"><span class="__cf_email__" data-cfemail="e3818680889acd809691978a90a38d8c8282cd848c95">[email&#160;protected]</span></a>, or by email or phone at 301-
427-8503.

SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the 
2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments, 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with 
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). 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.
    Every year, the BFT fishing year starts on January 1 and ends on 
December 31. The Angling category opens on January 1 and continues 
through December 31 or until the applicable quota or subquota is 
reached or projected to be reached, whichever comes first. NMFS 
recently published a final rule to implement the 2025 ICCAT 
recommendation 25-05 (91 FR 53526, August 19, 2026). As described in 
Sec.  635.27(a), the current baseline U.S. BFT quota is 1,509.98 mt 
(not including the 62.5 mt ICCAT allocated to the United States to 
account for bycatch of BFT in pelagic longline fisheries in the 
vicinity of the management area boundary and adjacent areas per Sec.  
635.27(a)(3)). The baseline quotas for the Angling and Reserve 
categories are 341.3 mt (Sec.  635.27(a)(2)) and 43.8 mt (Sec.  
635.27(a)(6)), respectively. The Angling category quota is further 
subdivided into subquotas by size class. Specific to this action, the 
subquotas are 157.2 mt for school BFT and 173.4 mt for large school/
small medium BFT (see Sec.  635.27(a)(2) and (a)(2)(ii)). To date, NMFS 
has published several actions that have adjusted the Reserve category 
quota (91 FR 5855, February 10, 2026; 91 FR 43571, July 16, 2026; 91 FR 
53526, August 19, 2026; 91 FR 64302, October 8, 2026). The current 
adjusted Reserve category quota is 42 mt.

Transfer From the Reserve Category to the Angling Category Large 
School/Small Medium Subquota

    Under Sec.  635.27(a)(8), NMFS has the authority to transfer quota 
among fishing categories or subcategories after considering the 
determination criteria provided under Sec.  635.27(a)(7). This section 
focuses on the calculations involved in transferring quota currently 
available from the 2026 Reserve category to the 2026 Angling category 
quota; the consideration of the determination criteria can be found 
below after this section.
    As stated above, the baseline Angling category large school/small 
medium subquota is 173.4 mt. The adjusted Reserve category quota is 42 
mt. Transferring 15 mt from the Reserve category to the Angling 
category large school/small medium subquota results in an adjusted 
Angling category large school/small medium subquota of 188.4 mt (173.4 
mt + 15 mt = 188.4 mt), and an adjusted Reserve category quota of 27 mt 
(42 mt-15 mt = 27 mt). With this transfer the overall Angling category 
quota increases to 356.3 mt (341.3 mt + 15 mt = 356.3 mt). The Angling 
category quota is available for use by HMS Angling and HMS Charter/
Headboat permitted vessels when fishing recreationally for BFT.
    In summary, this transfer results in an adjusted Angling category 
large school/small medium subquota of 188.4 mt and an adjusted Reserve 
quota of 27 mt. The Angling category large school/small medium fishery 
will remain open until December 31, 2026, or until the adjusted Angling 
category large school/small medium subquota is reached, whichever comes 
first.

Consideration of the Relevant Determination Criteria

    NMFS has considered all of the relevant determination criteria and 
their applicability to these inseason actions (Sec.  635.27(a)(7)). 
These criteria include, but are not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(7)(i)), biological samples 
collected from BFT landed by 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 doing so, NMFS also 
reviewed the latest information regarding landings and the availability 
of BFT on the fishing grounds (Sec.  635.27(a)(7)(ix)). Fishery 
performance in recent years indicates that in the late summer/fall the 
recreational fishery shifts to large school/small medium-sized BFT as 
these sized fish are more geographically spread out along the east 
coast. A quota transfer at this time should provide additional 
opportunities to harvest the large school/small medium subquota while 
avoiding exceeding the overall Angling category quota. Should 
recreational landings be higher or lower than expected, NMFS could take 
another action later in the year to further adjust the daily retention 
limit or close the Angling category fishery.
    Regarding the projected ability of the vessels fishing under the 
Angling category to harvest the additional

[[Page 65473]]

amount of BFT quota transferred before the end of the fishing year 
(Sec.  635.27(a)(7)(iii)), NMFS considered Angling category landings 
over the last several years and landings to date this year. Landings 
are highly variable and depend on access to recreational-sized BFT and 
fishing conditions, among other factors. This quota transfer would 
allow recreational fishermen to take advantage of the current 
availability of BFT on the fishing grounds and provide a reasonable 
opportunity to harvest the available U.S. BFT quota before the end of 
the fishing year.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the fishery might be exceeded (Sec.  
635.27(a)(7)(iv)), and the ability to account for all 2026 landings and 
dead discards (Sec.  635.27(a)(7)(xi)), and the ability to facilitate 
quota accounting (Sec.  635.27(a)(7)(xii)). With the exception of 2024, 
the total U.S. BFT landings in recent years are typically below the 
available U.S. quota such that the United States has carried forward 
the maximum amount of underharvest allowed by ICCAT from one year to 
the next. When total U.S. BFT landings are above the available U.S. 
quota, the United States reduces the next year's quota by the 
overharvest amount (including reducing the various fishing category 
quotas and subquotas by their respective overharvest amounts), as was 
necessary in 2025 to account for the 2024 adjusted U.S. quota, 
consistent with ICCAT recommendations. NMFS will need to account for 
2026 landings and dead discards within the adjusted U.S. quota, 
consistent with ICCAT recommendations, and anticipates having 
sufficient quota to do so.
    NMFS also considered the effects of the transfer on the BFT stock 
and on accomplishing the objectives of the HMS FMP (Sec.  
635.27(a)(7)(v) and (vi)). This action would be consistent with ICCAT 
Recommendations, ATCA, and the objectives of the HMS FMP and 
amendments. In establishing these quotas and subquotas and associated 
management measures, ICCAT and NMFS considered the best scientific 
information available, objectives for stock management and status, and 
effects on the stock. This action is in line with the established 
management measures and stock status determinations. Another principal 
consideration is the objective of providing opportunities to harvest 
the available 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 (related to Sec.  635.27(a)(7)(x)).
    In summary, this action adjusts the Angling category large school/
small medium subquota and Reserve category quota to 188.4 mt and 27 mt, 
respectively. This action provides additional fishing opportunities to 
harvest the available Angling category quota and subquotas, without 
exceeding them, while maintaining equitable fishing opportunities for 
recreational fishermen. As described earlier, if needed and 
appropriate, NMFS could take an 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://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-fishery-statuses-minimum-sizes">https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-fishery-statuses-minimum-sizes</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. 553(b)(B), there is good cause to waive prior notice of, and 
opportunity for public comment on, this action because it is 
impracticable and contrary to the public interest for the following 
reasons. Specifically, the regulations implementing the HMS FMP and 
amendments provide for inseason adjustments and quota transfers to 
respond to the unpredictable nature of BFT availability on the fishing 
grounds, the migratory nature of this species, and the regional 
variations in the BFT fishery. Based on available quotas, fishery 
performance in recent years, and the availability of BFT on the fishing 
grounds, a quota transfer 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. Delays in this action 
could result in BFT landings that exceed the Angling category quota and 
subquotas. Additionally, a delay in implementing this action would 
preclude the fishery from harvesting BFT that are currently available 
on the fishing grounds and that might otherwise become unavailable. 
This action does not raise conservation and management concerns and 
would support effective management of the BFT fishery. NMFS notes that 
the public had an opportunity to comment on the underlying rulemakings 
that established the U.S. BFT quota and the inseason adjustment 
criteria.
    For all of the above reasons, the AA finds that pursuant to 5 
U.S.C. 553(d)(3), there is good cause to waive the 30-day delay in 
effective date.

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


[[Page 65474]]


    Dated: October 13, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2026-21080 Filed 10-13-26; 4:15 pm]
BILLING CODE 3510-22-P


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