[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Rules and Regulations]
[Pages 32094-32097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11488]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02;RTID 0648-XC021]


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 is adjusting the General category daily retention limit 
from one large medium or giant Atlantic bluefin tuna (BFT) to three 
large medium or giant BFT. This daily retention limit 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. This 
adjustment will be effective for the June through August subquota time 
period until further modified.

DATES: Effective June 1, 2022, through August 31, 2022, or until NMFS 
announces in the Federal Register another adjustment to the retention 
limit.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
301-427-8503, Nicholas Velseboer, [email protected], 978-281-
9260, or Thomas Warren, [email protected], 978-281-9260.

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 HMS FMP and its amendments. NMFS 
is required under the Magnuson-Stevens

[[Page 32095]]

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.
    As described in Sec.  635.27(a), the current baseline U.S. BFT 
quota is 1,247.86 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 
General category baseline quota is 555.7 mt. This baseline quota is 
further subdivided into subquotas by time period. The June through 
August subquota time period is 277.9 mt. Although the 2021 ICCAT 
recommendation regarding western Atlantic BFT management would result 
in an increase to the baseline U.S. BFT quota (i.e., from 1,247.86 mt 
to 1,316.14 mt) and subquotas for 2022 (including an expected increase 
in General category quota from 555.7 mt to 587.9 mt, consistent with 
the annual BFT quota calculation process established in Sec.  
635.27(a)), domestic implementation of that recommendation is not yet 
final. NMFS published a proposed rule on March 7, 2022 (87 FR 12648) 
and is working on the final rule. The default General category daily 
retention limit is one large medium or giant BFT (measuring 73 inches 
(185 cm) curved fork length (CFL) or greater) per vessel per day/trip 
and applies to General category permitted vessels and to HMS Charter/
Headboat permitted vessels (when fishing commercially for BFT) (Sec.  
635.23(a)(2)).

Adjustment of General Category Daily Retention Limit

    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 
five BFT per vessel after considering the regulatory determination 
criteria under Sec.  635.27(a)(8). As described below, NMFS considered 
all of the relevant determination criteria and their applicability to 
the General category BFT retention limit for June through August 2022. 
After considering these criteria, NMFS has decided to increase the 
daily retention limit from one to three large medium or giant BFT per 
vessel per day/trip (i.e., three BFT measuring 73 inches (185 cm) CFL 
or greater) for General category permitted vessels and for HMS Charter/
Headboat permitted vessels with a commercial sale endorsement when 
fishing commercially for BFT. HMS Charter/Headboat permitted vessels 
fishing recreationally under the Angling category restrictions must 
follow the Angling category retention and size limits.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example (and specific to the June 
through August 2022 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.

Consideration of the Determination Criteria

    As described above, under Sec.  635.23(a)(4), NMFS may adjust the 
daily retention limit of large medium and giant BFT after considering 
the regulatory determination criteria under Sec.  635.27(a)(8). 
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 continued 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. Given the typically slow catch rates in early 
June, it is unlikely that increasing the retention limit from one BFT 
to three BFT per vessel for a short period of time would result in the 
June through August subquota time period being filled. If catch rates 
increase, NMFS could take another action to reduce the trip limit to 
ensure the fishery would remain open throughout the subquota time 
period. In 2021, NMFS took similar action to increase the retention 
limit to three BFT per vessel in the first part of the June through 
August subquota time period (86 FR 27814, May 24, 2022). When catch 
rates increased in early July, NMFS reduced the retention limit from 
three BFT per vessel back to the default limit of one BFT per vessel 
(86 FR 36669, July 13, 2021). NMFS found that when the retention limit 
was three BFT per vessel, 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) landed only one or two BFT. Specifically, 
from June 1 through July 11, 2021, 91 percent of the trips landed one 
BFT; 7 percent landed two; and only 2 percent landed three. NMFS 
expects catch rates this year will be similar (i.e., low in the first 
part of June and then increasing). In short, NMFS adjusts the retention 
limit throughout the season in such a way that NMFS believes, informed 
by catch rates in past seasons and the catch rates during the current 
season, increases fishing opportunities while also increasing the 
likelihood that the fishery will remain open throughout the subquota 
time period and year. NMFS also is aware of and considered the recently 
published proposed rule that would set restricted-fishing days for the 
General category during the months of July through November 2021 (87 FR 
12643, March 7, 2022). If finalized, this proposed rule would further 
increase the likelihood that the fishery would remain open throughout 
the subquota time period 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 adjustment 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 
domestically, this retention limit adjustment would also be consistent 
with ICCAT Recommendation 21-07, which would increase the quotas and 
subquotas slightly (87 FR 12648, March 7, 2022). 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 adjustment is in line with the established management measures 
and stock status determinations. It is also important that NMFS limit 
landings to the subquotas

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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. Because this action is similar to past actions in previous 
years, 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 
General category quota without exceeding the annual quota. This 
consideration is based on the objectives of the 2006 Consolidated 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)(8)(x)). NMFS anticipates that General category participants 
in all areas and time periods will have opportunities to harvest the 
General category quota in 2022, 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. As discussed above, 
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 time 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 time 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 (related to Sec.  
635.27(a)(8)(iv)), 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 time period 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 2022 subquota time period. This retention limit would 
provide a reasonable opportunity to harvest the available U.S. BFT 
quota (including the expected increase in available 2022 quota based on 
2021 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.

Monitoring and Reporting

    NMFS will continue to 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 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

    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 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 
one 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 2022 subquota time 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 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. With quota available and fish available on the 
grounds, and with no additional

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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, 2022, 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.

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

    Dated: May 24, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-11488 Filed 5-24-22; 4:15 pm]
BILLING CODE 3510-22-P