[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Rules and Regulations]
[Pages 26299-26302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09573]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02]
RIN 0648-XB936


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 retention limit adjustment.

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SUMMARY: NMFS has determined, based on consideration of the regulatory 
determination criteria regarding inseason adjustments, that the 
Atlantic bluefin tuna (BFT) daily retention limit that applies to 
Highly Migratory Species (HMS) Angling and HMS Charter/Headboat 
permitted vessels (when fishing recreationally for BFT) should be 
adjusted for the remainder of 2022. 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 permits;

[[Page 26300]]

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 6, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
301-427-8503, Nicholas Velseboer, [email protected], 978-675-
2168, or Thomas Warren, [email protected], 978-281-9347.

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 described in Sec.  635.27(a), the current baseline U.S. BFT 
quota is 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 baseline quota is 232.4 mt. This baseline quota is further 
subdivided into subquotas by size class (see Table 1) as follows: 127.3 
mt for school BFT, 99.8 mt for large school/small medium BFT, and 5.3 
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). 
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
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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).
------------------------------------------------------------------------

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.
    As discussed below, 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 limits as 
follows:
    (1) For private vessels with HMS Angling 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).
    (2) 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).
    (3) 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., six BFT measuring 27 to less than 47 
inches, and two 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.

Consideration of the Determination Criteria

    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 2020 and 2021, which were 
approximately 87 percent of the 232.4-mt annual Angling category quota 
in both 2020 and 2021, including landings of approximately 64 percent 
of the available school BFT quota in both 2020 and 2021, under the same 
daily retention limits as implemented in this action. Thus, absent 
retention limit adjustment, NMFS anticipates that the available 2022 
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. While not yet implemented, NMFS anticipates these retention 
limits would also be consistent with ICCAT Recommendation 21-07. In 
establishing

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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 line with these established 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 quota without exceeding the available quota, based on 
the objectives of the 2006 Consolidated HMS FMP and amendments, 
including to achieve optimum yield on a continuing basis and to allow 
all permit categories a reasonable opportunity to harvest the 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 2021 meetings and that ICCAT 
recommendations and HMS implementing regulations limit the allowance 
for landings of school bluefin tuna to 10 percent of the U.S. baseline 
quota (i.e., 127.3 mt). The 2021 school BFT landings represented 
approximately 6 percent of the total U.S. quota for 2021, well under 
the ICCAT recommended 10-percent limit. NMFS is not setting higher 
school BFT limits than the adjustments listed 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 2020 and 2021, even with the retention limit 
adjustments, and considering the regulatory criteria above, NMFS has 
determined that the Angling category retention limits applicable to HMS 
Angling 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 31 percent of 
recent recreational landings for 2020 through 2021, with the remaining 
69 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.
    NMFS anticipates that the BFT daily retention limits in this action 
will result in landings during 2022 that would not exceed the available 
subquotas. Lower retention limits could result in substantial 
underharvest of the 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 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 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

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator (AA) for NMFS 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 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 2022 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 landings data from the 2021 Angling category. If 
NMFS was to offer a public comment period now, after having 
appropriately considered those 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.
    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 and HMS 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 and may exacerbate the problem of low 
catch rates and quota rollovers. Analysis of available data shows that 
adjustment

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to the BFT daily retention limit from the default level would result in 
minimal risks of exceeding the ICCAT-allocated quota. 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.

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

    Dated: April 29, 2022.
Jennifer M. Wallace,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-09573 Filed 5-3-22; 8:45 am]
BILLING CODE 3510-22-P