[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Rules and Regulations]
[Pages 34454-34456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11383]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XC999]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; General 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 is adjusting the General category bluefin tuna (BFT) 
daily retention limit from the default of one large medium or giant 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 time period 
until further modified.

DATES: Effective June 1, 2023, through August 31, 2023, or until NMFS 
announces via an action in the Federal Register another adjustment to 
the retention limit.

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

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 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 
General category baseline quota is 710.7 mt. This baseline quota is 
further subdivided into subquotas by time period. The baseline subquota 
for the June through August time period is 355.4 mt. 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)(7).
    NMFS has considered all of the relevant determination criteria and 
their applicability to the General category BFT retention limit for the 
June through August time period. 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/

[[Page 34455]]

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 time period limit), whether a vessel fishing under the 
General category retention limit takes a 2-day trip or makes two trips 
in 1 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

    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 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)(7)(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 
subquota for the June through August time period to be reached. If 
catch rates increase, NMFS could take another action to reduce the trip 
limit to ensure the fishery would remain open throughout the June 
through August time period. In 2022, NMFS took similar action to 
increase the retention limit to three BFT per vessel in the first part 
of the June through August time period (87 FR 32094, May 27, 2022). 
When catch rates increased in late June, NMFS reduced the retention 
limit from three BFT per vessel back to the default limit of one BFT 
per vessel (87 FR 38673, June 29, 2022). 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 2, 2022, 94 percent 
of the trips landed one BFT; 4 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 2023 through March 2024 (88 FR 13771, March 6, 2023). If 
finalized, this proposed rule would further increase the likelihood 
that the fishery would remain open throughout the June through August 
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 
Recommendation 22-10, 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 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 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)(7)(x)). NMFS anticipates that General category participants 
in all areas and time periods will have opportunities to harvest the 
General category quota in 2023, 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)(7)(iv)), and, potentially, additional inseason adjustments. 
General category harpoon landings have averaged less than 5 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, NMFS has determined that a three-fish 
General category retention limit is warranted for the beginning of the 
June through August time period. This retention limit would provide a 
reasonable opportunity to harvest the available U.S. BFT quota 
(including the expected increase in available 2023 quota based on 2022 
underharvest), without exceeding it, while maintaining an equitable

[[Page 34456]]

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 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 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 https://www.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 pursuant to 5 
U.S.C. 533(b)(B), there is good cause to waive prior notice and 
opportunity to provide comment on this action, as notice and comment 
would be impracticable and contrary to 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 an opportunity for public comment on the change in the 
daily retention limit from the default level for the June through 
August 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 action 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 
https://www.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.
    Adjustment of the General category retention limit needs to be 
effective June 1, 2023, 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.
    For all of the above reasons, the AA finds that pursuant to 5 
U.S.C. 553(d), there is also good cause to waive the 30-day delay in 
effective date.

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

    Dated: May 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-11383 Filed 5-25-23; 8:45 am]
BILLING CODE 3510-22-P