[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Rules and Regulations]
[Pages 27814-27816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10825]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XB054]


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 General category retention limit 
adjustment.

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SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General 
category daily retention limit from the default limit of one large 
medium or giant BFT to three large medium or giant BFT for June 1 
through August 31, 2021. This action is based on consideration of the 
regulatory determination criteria regarding inseason adjustments and 
applies to Atlantic Tunas General category (commercial) permitted 
vessels and Highly Migratory Species (HMS) Charter/Headboat permitted 
vessels with a commercial sale endorsement when fishing commercially 
for BFT.

DATES: Effective June 1, 2021, through August 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 highly migratory species (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 HMS FMP and its amendments. NMFS 
is required under the Magnuson-Stevens Act 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.
    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 total 
allowable catch of 2,350 metric tons (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 
General category baseline quota continues to be 555.7 mt as described 
in Sec.  635.27(a). Each of the General category time periods (January, 
June through August, September, October through November, and December) 
is allocated a portion of the annual General category quota.

Adjustment of General Category Daily Retention Limit

    Unless changed, the General category daily retention limit starting 
on June 1 would be the default retention limit of one large medium or 
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) per vessel per day/trip (Sec.  635.23(a)(2)). This default 
retention limit would apply to General category permitted vessels and 
to HMS Charter/Headboat permitted vessels when fishing commercially for 
BFT.
    Under Sec.  635.23(a)(4), NMFS may increase or decrease the daily 
retention limit of large medium and giant BFT over a range of zero to a 
maximum of five per vessel based on consideration of the relevant 
criteria provided under Sec.  635.27(a)(8). NMFS has considered all of 
the relevant determination criteria and their applicability to the 
General category BFT retention limit for June through August 2021. The 
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)(8)(i)), biological samples 
collected from BFT landed by General 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 would support 
the collection of a broad range of data for these studies and for stock 
monitoring purposes.
    NMFS also considered the catches of the General category quota to 
date and the likelihood of closure of the General category if no 
adjustment is made (Sec.  635.27(a)(8)(ii)). Commercial-size BFT are 
anticipated to migrate to the fishing grounds off the northeast U.S. 
coast by early June. Based on General category catch rates during the 
June through August time period over the last several years, it is 
unlikely that the June through August subquota will be filled with the 
default daily retention limit of one BFT per vessel, as was the case in 
2020, as further described below. NMFS is setting the June through 
August 2021 limit in such a way that NMFS believes, informed by past 
seasons, increases the likelihood that the fishery will remain open 
throughout the subperiod and year. NMFS also is aware of and took into 
consideration a recently published proposed rule that would set 
restricted-fishing days for the General category during the months of 
July through November 2021 (86 FR 25992, May 12, 2021). If finalized, 
this proposed rule would further increase the likelihood that the 
fishery would remain open throughout the subperiod and year.
    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)). This 
retention limit 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. This retention limit is in line with the 
established management measures and stock status determinations. It is 
also important that NMFS limit landings to the subquotas both to adhere 
to the subquota 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 this retention limit is consistent with those 
objectives.

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    Another principal consideration in setting the retention limit is 
the objective of providing opportunities to harvest the available 
General category 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)).
    Despite elevated General category limits, the vast majority of 
successful trips (i.e., General or Charter/Headboat trips on which at 
least one BFT is landed under General category quota) land only one or 
two BFT. For instance, the landings data for 2019 show that, under the 
three-fish limit that applied June 1 through July 10, the proportion of 
trips that landed one, two, or three BFT was as follows: 77 Percent 
landed one; 17 percent landed two; and 6 percent landed three. In 2020, 
NMFS maintained a one-fish limit for the June through August period to 
try to extend the available quota until later in the subperiod given 
instability in the market and to help pace landings consistent with the 
available subquota allocations. Landings for that period totaled 117 
percent of the available June through August subquota. NMFS largely 
attributes this exceedance despite the low retention level to 
circumstances that were unique to 2020 and late landings at the end of 
the 2020 period. Over the last several years, NMFS has received 
conflicting comments about the appropriate daily retention limit. Some 
argue that a high daily retention limit (specifically five fish) is 
needed to optimize General category fishing opportunities and account 
for seasonal distributions by enabling vessels to make overnight trips 
to distant fishing grounds. Some have similarly argued for a higher 
General category limit at the start of the June-August period, as it 
would reduce the likelihood of effort shifting into the Harpoon 
category, which has a relatively small quota. NMFS also, however, has 
received general comment that a lower limit increases the likelihood 
that opportunities will extend through the late fall and the end of the 
calendar year, as well as improves market conditions.
    NMFS anticipates that some underharvest of the 2020 adjusted U.S. 
BFT quota will be carried forward to 2021 to the Reserve category, in 
accordance with the regulations, this summer when complete BFT catch 
information for 2020 is available and finalized. Because such quota 
would be available to be transferred from the Reserve category to the 
General category, and such transfers have occurred in the past, the 
carryover of underharvest would make it more likely that General 
category quota will remain available through the end of 2021 for 
December fishery participants, despite the transfer of 19.5 mt from the 
28.9-mt General category December 2021 subquota period to the January 
2021 subquota period (85 FR 83832, December 23, 2020); and 26 mt from 
the Reserve category effective February 8, 2021 (86 FR 8717, February 
9, 2021).
    NMFS anticipates that General category participants in all areas 
and time periods will have opportunities to harvest the General 
category quota in 2021, through proactive inseason management such as 
retention limit adjustments and/or the timing and amount of quota 
transfers (based on consideration of the determination criteria 
regarding inseason adjustments), as practicable. NMFS will closely 
monitor General category catch rates associated with the various 
authorized gear types (e.g., harpoon, rod and reel) during the June 
through August period and actively adjust the daily retention limit as 
appropriate to enhance scientific data collection and ensure fishing 
opportunities in all respective time-period subquotas as well as ensure 
available quota is not exceeded.
    A limit lower than three fish at the start of the June through 
August period could result in diminished fishing opportunities for 
those General category vessels using harpoon gear, based on past fish 
behavior early in the season. Lower limits may also result in effort 
shifts from the General category to the Harpoon category, which could 
result in premature closure of the Harpoon category and, potentially, 
additional inseason adjustments. General category harpoon landings have 
averaged less than five percent of the General category landings in 
recent years and these landings occur early in the season. A three-fish 
retention limit for an appropriate period of time will provide a 
greater opportunity to harvest the June through August subquota with 
harpoon gear in the General category while maintaining equitable 
distribution of fishing opportunities for harpoon and rod and reel 
General category participants.
    Given these considerations, we have determined that a three-fish 
General category retention limit is warranted for the beginning of the 
June-August 2021 subquota period. This retention limit would provide a 
reasonable opportunity to harvest the available U.S. BFT quota 
(including the expected increase in available 2021 quota based on 2020 
underharvest), without exceeding it, while maintaining an equitable 
distribution of fishing opportunities; help optimize the ability of the 
General category to harvest its available quota; allow the collection 
of a broad range of data for stock monitoring purposes; and be 
consistent with the objectives of the 2006 Consolidated HMS FMP and 
amendments. Therefore, NMFS increases the General category retention 
limit from the default limit (one) to three large medium or giant BFT 
per vessel per day/trip, effective June 1, 2021, through August 31, 
2021.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example (and specific to the June 
through August 2021 limit), whether a vessel fishing under the General 
category retention limit takes a two-day trip or makes two trips in one 
day, the daily limit of three fish may not be exceeded upon landing. 
This General category retention limit is effective in all areas, except 
for the Gulf of Mexico, where NMFS prohibits targeting fishing for BFT, 
and applies to those vessels permitted in the General category, as well 
as to those HMS Charter/Headboat permitted vessels with a commercial 
sale endorsement when fishing commercially for BFT fishing commercially 
for BFT. For information regarding the HMS Charter/Headboat commercial 
sale endorsement, see 82 FR 57543, December 6, 2017.

Monitoring and Reporting

    NMFS will actively monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
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, 
General and HMS Charter/Headboat vessel owners are required 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 hmspermits.noaa.gov 
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, 
NMFS may determine that additional adjustments 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

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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.

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. The timing of this rulemaking will allow approximately 
two weeks' prior notice to the regulated community. Affording 
additional prior notice and an opportunity for public comment on the 
change in the daily retention limit from the default level for the June 
through August 2021 subquota period would be impracticable. Based on 
available BFT quotas, fishery performance in recent years, and the 
availability of BFT on the fishing grounds, responsive adjustment to 
the General category BFT daily retention limit from the default level 
is warranted to allow fishermen to take advantage of 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 
about fishery conditions and this year's landings. If NMFS was to offer 
a public comment period now, after having appropriately considered that 
data, it would 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 inappropriate to the amount of 
quota available for the period.
    Fisheries under the General category daily retention limit will 
commence on June 1 and thus prior notice would be contrary to the 
public interest. Delays in increasing these retention limits would 
adversely affect those General and Charter/Headboat category vessels 
that would otherwise have an opportunity to harvest more than the 
default retention limit of one BFT per day/trip and may result in 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 notification 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. With quota available and fish available on the 
grounds, and with no additional expected impacts to the stock, it would 
be contrary to the public interest to require vessels to wait to 
harvest the additional fish allowed through this action. Therefore, the 
AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and 
the opportunity for public comment.
    Adjustment of the General category retention limit needs to be 
effective June 1, 2021, 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. Foregoing opportunities to 
harvest the respective quotas may have negative social and economic 
impacts for U.S. fishermen that depend upon catching the available 
quota within the time periods designated in the 2006 Consolidated HMS 
FMP and amendments. Therefore, the AA finds there is also 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(a)(4) and is exempt 
from review under Executive Order 12866.

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

    Dated: May 18, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-10825 Filed 5-21-21; 8:45 am]
BILLING CODE 3510-22-P