[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Rules and Regulations]
[Pages 38673-38675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13831]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02]
RTID 0648-XC097


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.

-----------------------------------------------------------------------

SUMMARY: NMFS is adjusting the General category daily retention limit 
from three large medium or giant Atlantic bluefin tuna (BFT) to one 
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 remainder of the June through 
August subquota time period.

DATES: Effective July 3, 2022, through August 31, 2022.

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

[[Page 38674]]

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 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 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 currently 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. As a result of the 
2021 ICCAT recommendation regarding western Atlantic bluefin tuna 
management and the implementing final rule (87 FR 33049, June 1, 2022), 
on July 1, 2022, the baseline quotas noted above will increase to 
1,316.14 mt, 587.9 mt, and 293.9 mt, respectively. 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)). NMFS adjusted the daily 
retention limit adjustment for the beginning of the June through August 
2022 subquota time period from the default daily retention limit of one 
to three large medium or giant BFT (87 FR 32094, May 27, 2022). This 
action would adjust the daily retention limit for the remainder of the 
second time period in 2022, June through August.

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 decrease the 
daily retention limit from three to one large medium or giant BFT per 
vessel per day/trip for General category permitted vessels and for HMS 
Charter/Headboat permitted vessels with a commercial sale endorsement 
when fishing commercially for BFT.
    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 
currently readily available to vessels fishing under the General 
category quota. As of June 23, 2022, the General category has landed 
approximately 20.5 mt, representing 7 percent of the General category 
subquota for the June 1 through August 31 subquota time period. If 
current catch rates continue with the three-fish daily limit, the 
available subquota for the June through August time period will be 
reached or exceeded, and NMFS would need to close the fishery earlier 
than otherwise would be necessary under a lower limit. NMFS intends to 
provide General category participants in all areas and time periods 
opportunities to harvest the General category quota without exceeding 
it, through active 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), while extending the season as long as practicable. NMFS 
is setting the limit for the remainder of the June through August 2022 
subquota time period in such a way that NMFS believes, informed by past 
experience, increases the likelihood that the fishery will remain open 
throughout the subquota time period and year.
    NMFS also took into consideration a recently published final rule 
that would set restricted-fishing days (RFDs) for the General category 
during the months of July through November 2022, with the first RFD 
scheduled for July 1 (87 FR 33056, June 1, 2022). On an RFD, General 
category permitted vessels and HMS Charter/Headboat permitted vessels 
(when fishing commercially for BFT) are prohibited from fishing for 
bluefin tuna. However, HMS Charter/Headboat permitted vessels are 
authorized to fish recreationally under the Angling category 
restrictions and must follow the Angling category retention and size 
limits. NMFS believes the final RFD action, in combination with 
reducing the daily retention limit that applies on open days (through 
this inseason action) 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

[[Page 38675]]

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. This retention limit 
adjustment would also be consistent with ICCAT Recommendation 21-07, 
which increases the U.S. baseline quota and subquotas slightly. The 
implementing final rule is effective July 1, 2022 (87 FR 33049, June 1, 
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 both to 
adhere to the subquota time period 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 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)).
    Given these considerations, NMFS has determined that a one-fish 
General category retention limit is warranted for the remainder 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. Affording additional prior notice and an opportunity 
for public comment on the change in the daily retention limit from 
three BFT to 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 three BFT to one fish is 
warranted to allow fishermen to take advantage of availability of fish 
and of quota.
    Delays in decreasing the retention limit may result in the 
available June through August subquota time period being reached or 
exceeded and NMFS needing to close the fishery earlier than otherwise 
would be necessary under the lower limit being set for the remainder of 
this period. Such delays could adversely affect those General category 
and HMS Charter/Headboat vessels that would otherwise have an 
opportunity to harvest BFT if the fishery were to remain open for as 
feasible throughout the remaining subquota time periods. Limited 
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. Adjustment of the retention limit 
needs to be effective as soon as possible to extend fishing 
opportunities for fishermen in all geographic areas, and to provide 
equitable opportunities. 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 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. For these 
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: June 23, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-13831 Filed 6-28-22; 8:45 am]
BILLING CODE 3510-22-P