[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Rules and Regulations]
[Pages 28430-28432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09420]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193]
RTID 0648-XC917


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Angling Category Retention Limit Adjustment

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

ACTION: Temporary rule; 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 2023. 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; 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 3, 2023 through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Lisa Crawford, [email protected], 
301-427-8503; Larry Redd, Jr., [email protected], 301-427-8503; 
Nicholas Velseboer, [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 Atlantic 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.
    As described in Sec.  635.27(a), the current baseline U.S. BFT 
quota is 1,316.14 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 
Angling category baseline quota is 297.4 mt. This baseline quota is 
further subdivided into subquotas by size class (see Table 1) as 
follows: 134.1 mt for school BFT, 154.1 mt for large school/small 
medium BFT, and 9.2 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, 119 to less than 150 cm). 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

[[Page 28431]]

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 
determination criteria provided under Sec.  635.27(a)(7). 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. 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 (68.5 to less than 119 cm) and one BFT measuring 47 to 
less than 73 inches (119 to less than 185 cm)).
    (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 (68.5 to less than 119 cm) and one BFT measuring 47 to less than 
73 inches (119 to less than 185 cm)).
    (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 (68.5 to less than 119 cm) and one BFT measuring 47 to less than 
73 inches (119 to less than 185 cm)).
    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 2-day trip 
or makes two trips in 1 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)(7)(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 recent 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)(7)(ii)). Additionally, NMFS 
considered Angling category landings in 2022, which were approximately 
93 percent of the 245.9-mt annual Angling category quota in 2022, 
including landings of approximately 36 percent of the available school 
BFT quota in 2022, under the same daily retention limits as implemented 
in this action. Thus, absent retention limit adjustment, NMFS 
anticipates that the available 2023 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)(7)(v) and (vi)). These 
retention limits would be consistent with established quotas and 
subquotas, which are implemented consistent with ICCAT recommendations, 
(established in Recommendation 21-07), 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 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 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 its 
amendments, including to achieve optimum yield on a continuing basis 
and to allow all permit categories a reasonable opportunity to harvest 
available BFT quota allocations (related to Sec.  635.27(a)(7)(x)).
    NMFS considered input on recreational limits from the HMS Advisory 
Panel at its May and September 2022 meetings and that ICCAT 
recommendations and HMS implementing regulations limit the allowance 
for landings of school BFT to 10 percent of the U.S. baseline quota 
(i.e., 134.1 mt). The 2022 school BFT landings represented 
approximately 3.5 percent of the total U.S. quota for 2022, 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 BFT 
availability.
    Given that the Angling category landings fell short of the 
available Angling category quota in 2022, even

[[Page 28432]]

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, social and 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 43 
percent of recent recreational landings for 2022, with the remaining 57 
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 BFT fishery.
    NMFS anticipates that the BFT daily retention limits in this action 
will result in landings during 2023 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 fishery closely. 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 the end of each trip, by accessing https://www.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 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 
www.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 for NMFS (AA) finds that pursuant to 5 
U.S.C. 553(b)(B), 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. Specifically, 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. Providing prior notice and opportunity for public comment 
on this daily retention limit adjustment for the remainder of 2023 at 
this time is impracticable. NMFS could not have proposed this action 
earlier, as it needed to consider and respond to updated landings data 
from the 2022 Angling category. If NMFS was to offer a public comment 
period or delay in effective date now, after having appropriately 
considered that information, it would preclude the fishery from 
harvesting BFT that are available on the fishing grounds that might 
otherwise become unavailable during a delay, 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 to the BFT daily retention limit from the default level 
would result in minimal risk of exceeding the ICCAT-allocated quota. 
Taking this action does not raise conservation and management concerns. 
NMFS notes that the public had an opportunity to comment on the 
underlying rulemakings that established the U.S. BFT quota and the 
inseason adjustment criteria.
    For all of the above reasons, the AA finds that pursuant to 5 
U.S.C. 553(d), there also is good cause to waive the 30-day delay in 
effective date.

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

    Dated: April 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-09420 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-22-P