[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42272-42275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13966]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193]
RTID 0648-XD085


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 42273]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; retention limit adjustment.

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SUMMARY: NMFS is adjusting the General category daily retention limit 
from three large medium or giant (i.e., measuring 73 inches (185 cm) 
curved fork length (CFL) or greater) 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 time period.

DATES: Effective July 2, 2023, through August 31, 2023.

FOR FURTHER INFORMATION CONTACT: Erianna Hammond, 
[email protected], 301-427-8503, or 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 currently 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 (i.e., measuring 73 inches (185 cm) CFL or greater) BFT 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 
2023 time period from the default daily retention limit of one to three 
large medium or giant BFT (88 FR 34454, May 30, 2023). This action 
would adjust the daily retention limit back to one large medium or 
giant BFT for the remainder of the June through August 2023 time 
period.

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 
June through August 2023. As described below, 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 (i.e., 
one 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 2023 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 one 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)(7). 
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 
currently readily available to vessels fishing under the General 
category quota. To date, the General category has landed approximately 
27.4 mt, representing 8 percent of the General category June through 
August time period. If current catch rates continue with the three-fish 
daily limit, the available 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 2023 time period in such a way that NMFS believes, 
informed by past experience, increases the likelihood that the fishery 
will remain open throughout the June through August 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 2023, with the first RFD 
scheduled for July 1 (88 FR 33839, June 1, 2023). On an RFD, General 
category permitted vessels and

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HMS Charter/Headboat permitted vessels (when fishing commercially for 
BFT) are prohibited from fishing for BFT. However, HMS Charter/Headboat 
permitted vessels are authorized to fish recreationally under the 
Angling category restrictions and must follow the Angling category BFT 
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 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 be consistent with and 
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. This retention limit 
adjustment is consistent with all of the above listed 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)).
    Given these considerations, NMFS has determined that a one-fish 
General category retention limit is warranted for the remainder of the 
June through August 2023 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 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 
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 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 three BFT to 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 three BFT to one fish is 
warranted to allow fishermen to take advantage of availability of fish 
and of quota. NMFS could not have proposed this action 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.
    Adjustment of the General category 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. Fisheries under the General category daily retention 
limit are currently underway and thus prior notice would be contrary to 
the public interest. Delays in decreasing the General category 
retention limit would 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 long as feasible 
throughout the remaining 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. 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 www.hmspermits.noaa.gov.

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    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: June 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-13966 Filed 6-28-23; 8:45 am]
BILLING CODE 3510-22-P