[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Rules and Regulations]
[Pages 22895-22898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09111]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XB018]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; inseason Angling category retention limit 
adjustment.

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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily 
retention limit that applies to Highly Migratory Species (HMS) Angling 
category permitted vessels and HMS Charter/Headboat vessels (when 
fishing recreationally for BFT) should be adjusted for the remainder of 
2021, based on consideration of the regulatory determination criteria 
regarding inseason adjustments. NMFS is adjusting the Angling category 
BFT daily retention limit from the default of one school, large school, 
or small medium BFT to: Two school BFT and one large school/small 
medium BFT per vessel per day/trip for private vessels with HMS Angling 
category permits; three school BFT and one large school/small medium 
BFT per vessel per day/trip for charter boat vessels with HMS Charter/
Headboat permits when fishing recreationally; and six school BFT and 
two large school/small medium BFT per vessel per day/trip for headboat 
vessels with HMS Charter/Headboat permits when fishing recreationally. 
These retention limits are effective in all areas, except for the Gulf 
of Mexico, where targeted fishing for BFT is prohibited.

DATES: Effective May 2, 2021 through December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
301-427-8503, Nicholas Velseboer, [email protected], 978-675-
2168, or Lauren Latchford, [email protected], 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT 
fisheries, are managed under the authority of the Atlantic Tunas 
Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 
U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic HMS Fishery 
Management Plan (FMP) and its amendments are implemented by regulations 
at 50 CFR part 635. Section 635.27 divides the U.S. BFT quota 
recommended by the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) and as implemented by the United States among 
the various domestic fishing categories, per the allocations 
established in the 2006 Consolidated Atlantic HMS FMP and its 
amendments. NMFS is required under the MSA 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 a method for limiting fishing mortality on juvenile BFT, ICCAT 
recommendations have adopted a tolerance limit on the annual harvest of 
BFT measuring less than 115 centimeters (cm) (45.3 inches) (straight 
fork length) to no more than 10 percent by weight of a Contracting 
Party's total BFT quota. Any overharvest of such tolerance limit from 
one year must be subtracted from the tolerance limit applicable in the 
next year or the year after that. NMFS implements this provision by 
limiting the harvest of school BFT (measuring 27 to less than 47 inches 
curved fork length) to 127.3 metric tons (mt)) annually (10 percent of 
the U.S. quota)
    In 2018, NMFS implemented a final rule that established the U.S. 
BFT quota and subquotas consistent with ICCAT Recommendation 17-06 (83 
FR 53191, October 11, 2018). In 2020, following a stock assessment 
update, ICCAT adopted Recommendation 20-06, which maintained the 
overall total allowable catch of 2,350 mt and the associated U.S. 
quota. As such, as described in Sec.  635.27(a), the current baseline 
U.S. quota continues to be 1,247.86 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 quota continues to be 232.4 mt (127.3 mt for school 
BFT, 99.8 mt for large school/small medium BFT, and 5.3 mt for large 
medium/giant BFT).
    The Angling category season opened on January 1, 2021, and 
continues through December 31, 2021. The size classes of BFT are 
summarized in Table 1. 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). 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 
category and HMS Charter/Headboat permitted vessels (when fishing 
recreationally for BFT) (Sec.  635.23(b)(2)).
    As defined at Sec.  600.10, ``charter boat'' means a vessel less 
than 100 gross tons (90.8 mt) that meets the requirements of the U.S. 
Coast Guard to carry six or fewer passengers for hire (i.e., 
uninspected) and ``headboat'' means a vessel that holds a valid 
Certificate of Inspection issued by the U.S. Coast Guard to carry 
passengers for hire (i.e., greater than six).

[[Page 22896]]



                        Table 1--BFT Size Classes
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          Size class                       Curved fork length
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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).
------------------------------------------------------------------------

    Table 2 summarizes the recreational quota, subquotas, landings, and 
retention limit information for 2019 and 2020, by size class.

                          Table 2--Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2019-2020
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                                                                               2019                                            2020
                                                         -----------------------------------------------------------------------------------------------
                                                                                             Amount of                                       Amount of
                       Size class                          Subquotas and                   subquotas and   Subquotas and                   subquotas and
                                                            total quota    Landings (mt)    total quota     total quota    Landings (mt)    total quota
                                                               (mt)                       used (percent)       (mt)                       used (percent)
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School..................................................           127.3              71              56           127.3            81.7              64
Large School/Small Medium...............................            99.8              95              95            99.8           112.3             113
Trophy: Large Medium/Giant..............................             5.3            15.8             298             5.3             8.9             168
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           232.4           181.8              78           232.4           202.9              87
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Daily Retention Limits (per Vessel).....................  January 1 through May 10: 1 school, large
                                                          school, or small medium (default)
                                                          January 1 through May 1: 1 school, large
                                                          school, or small medium (default).
                                                          May 11 through December 31: (84 FR 20296, May
                                                          9, 2019)
                                                          May 2 through December 31: (85 FR 26365, May
                                                          4, 2020).
                                                          Private boats: 2 school and 1 large school/
                                                          small medium
                                                          Private boats: 2 school and 1 large school/
                                                          small medium.
                                                          Charter boats: 3 school and 1 large school/
                                                          small medium
                                                          Charter boats: 3 school and 1 large school/
                                                          small medium.
                                                          Headboats: 6 school and 2 large school/small
                                                          medium
                                                          Headboats: 6 school and 2 large school/small
                                                          medium.
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Adjustment of Angling Category Daily Retention Limit

    Under Sec.  635.23(b)(3), NMFS may increase or decrease the Angling 
category retention limit for any size class of BFT after considering 
regulatory determination criteria under Sec.  635.27(a)(8). Also under 
Sec.  635.23(b)(3), recreational retention limits may be adjusted 
separately for specific vessel type, such as private vessels, 
headboats, or charter boats.
    NMFS has considered all of the relevant determination criteria and 
their applicability to the change in the Angling category retention 
limit. The criteria and their application are discussed below.
    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)(8)(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 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)(8)(ii)). Additionally, NMFS 
considered Angling category landings in 2019 and 2020, which were 
approximately 78 percent and 87 percent of the 232.4-mt annual Angling 
category quota, respectively, including landings of 56 percent and 64 
percent of the available school BFT quota, respectively, under the same 
daily retention limits as implemented in this action. Thus, absent 
retention limit adjustment, NMFS anticipates that the full 2021 Angling 
category quota would not be harvested under the default retention 
limit.
    NMFS also considered the effects of the adjustment on the BFT stock 
and the effects of the adjustment on accomplishing the objectives of 
the 2006 Consolidated HMS FMP (Sec.  635.27(a)(8)(v) and (vi)). These 
retention limits would be consistent with established quotas and 
subquotas, which are implemented consistent with ICCAT recommendations, 
(established in Recommendation 17-06 and maintained in Recommendation 
20-06), ATCA, and the objectives of the 2006 Consolidated 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. These retention limits are in keeping with those 
established quotas and management measures. It is also important that 
NMFS limit landings to the subquotas both to adhere to the FMP quota 
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, and these retention 
limits 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

[[Page 22897]]

quota without exceeding the annual quota, based on the objectives of 
the 2006 Consolidated HMS FMP and amendments, including to achieve 
optimum yield on a continuing basis and to optimize the ability of all 
permit categories to harvest available BFT quota allocations (related 
to Sec.  635.27(a)(8)(x)).
    NMFS considered input on recreational limits from the HMS Advisory 
Panel at its May and September 2020 meetings and that ICCAT 
recommendations and HMS implementing regulations limit the allowance 
for landings of school bluefin tuna to ten percent of the U.S. baseline 
quota (i.e., 127.3 mt). The 2020 school BFT landings represented 
approximately 6 percent of the total U.S. quota for 2020, well under 
the ICCAT recommended 10-percent limit. NMFS is not setting higher 
school BFT limits than the adjustments listed in Table 1 due to the 
potential risk of exceeding the ICCAT tolerance limit on school BFT and 
other considerations, such as potential effort shifts to BFT fishing as 
a result of current recreational retention limits for New England 
groundfish and striped bass as well as high variability in bluefin tuna 
availability.
    Given that the Angling category landings fell short of the 
available quota in 2019 and 2020, even with the retention limit 
adjustments, and considering the regulatory criteria above, NMFS has 
determined that the Angling category retention limits applicable to 
participants in the HMS Angling category and HMS Charter/Headboat 
permitted vessels should be adjusted upwards from the default levels.
    NMFS has also concluded that implementation of separate limits for 
private, charter boat, and headboat vessels is appropriate, recognizing 
the different nature, socio-economic needs, and recent landings results 
of the two 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, Large Pelagics Survey estimates 
indicate that charter/headboat BFT landings averaged 24 percent of 
recent recreational landings for 2019 through 2020, with the remaining 
76 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 bluefin tuna 
fishery.
    Given these considerations, for private vessels with HMS Angling 
category permits, this action adjusts the limit upwards to two school 
BFT and one large school/small medium BFT per vessel per day/trip 
(i.e., two BFT measuring 27 to less than 47 inches, and one BFT 
measuring 47 to less than 73 inches). For charter boat vessels with HMS 
Charter/Headboat permits, this action adjusts the limit upwards to 
three school BFT and one large school/small medium BFT per vessel per 
day/trip when fishing recreationally for BFT (i.e., three BFT measuring 
27 to less than 47 inches, and one BFT measuring 47 to less than 73 
inches). For headboat vessels with HMS Charter/Headboat permits, this 
action adjusts the limit upwards to six school BFT and two large 
school/small medium BFT per vessel per day/trip when fishing 
recreationally for BFT (i.e., three BFT measuring 27 to less than 47 
inches, and one BFT measuring 47 to less than 73 inches). Regardless of 
the duration of a fishing trip, the daily retention limit applies 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 limit of two school BFT and one large 
school/small medium BFT applies and may not be exceeded upon landing. 
This action does not change the retention limit for trophy size BFT.
    NMFS anticipates that the BFT daily retention limits in this action 
will result in landings during 2021 that would not exceed the available 
subquotas. Lower retention limits could result in substantial 
underharvest of the codified Angling category subquota, and increasing 
the daily limits further may risk exceeding the available quota, 
contrary to the objectives of the 2006 Consolidated HMS FMP and 
amendments.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fisheries closely through the 
mandatory landings and catch reports. HMS Angling category 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 end of each trip, by accessing hmspermits.noaa.gov, 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, 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 call the Atlantic Tunas 
Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for 
updates on quota monitoring and inseason adjustments.
    HMS Angling category 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 https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP and 
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. Affording prior notice and opportunity for public 
comment to implement the daily retention limit for the remainder of 
2021 at this time is impracticable. Based on available BFT quotas, 
fishery performance in recent years, and the availability of BFT on the 
fishing grounds, immediate adjustment to the Angling category BFT daily 
retention limit from the default levels is warranted to allow fishermen 
to take advantage of the availability of fish and of quota. NMFS could 
not have proposed these actions earlier, as it needed to consider and 
respond to updated data and information from the 2020 Angling category. 
If NMFS was to offer a public comment period now, after having 
appropriately considered that data, it could preclude fishermen 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.

[[Page 22898]]

    Fisheries under the Angling category daily retention limit are 
currently underway and thus prior notice would be contrary to the 
public interest. Delays in increasing daily recreational BFT retention 
limit would adversely affect those HMS Angling category and HMS 
Charter/Headboat 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 and may exacerbate the problem 
of low catch rates and quota rollovers. Analysis of available data 
shows that adjustment to the BFT daily retention limit from the default 
level would result in minimal 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 hmspermits.noaa.gov. Therefore, the AA finds good cause under 5 
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public 
comment. For all of the above reasons, there is good cause under 5 
U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec.  635.23(b)(3), and is exempt 
from review under Executive Order 12866.

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

    Dated: April 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-09111 Filed 4-29-21; 8:45 am]
BILLING CODE 3510-22-P