[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Rules and Regulations]
[Pages 45369-45371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15065]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193]
RTID 0648-XD158


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

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

[[Page 45370]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; retention limit adjustment.

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SUMMARY: NMFS is adjusting the Harpoon category bluefin tuna (BFT) 
daily retention limit from the default of no more than 10 large medium 
and giant BFT (i.e., measuring 73 inches (185 cm) or greater curved 
fork length (CFL)), combined, to 5 large medium and giant BFT, 
combined, per vessel per day/trip. This action maintains the incidental 
daily catch limit of two large medium BFT (measuring 73 inches to less 
than 81 inches (206 cm)) per vessel per day/trip. This action applies 
to Atlantic Tunas Harpoon category permitted vessels and will be 
effective for the remainder of the 2023 Harpoon category fishing 
season, which ends November 15, 2023.

DATES: Effective July 14, 2023, through November 15, 2023, or unless 
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 or Ann Williamson, [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 
Harpoon category baseline quota is 59.2 mt. As described in Sec.  
635.23(d)(1), the overall default Harpoon category daily retention 
limit is no more than 10 large medium or giant BFT (i.e., measuring 73 
inches (185 cm) CFL or greater), combined, per vessel per day/trip. As 
described in Sec.  635.23(d)(2), the incidental daily catch limit is no 
more than two large medium BFT (i.e., measuring 73 inches to less than 
81 inches (206 cm) CFL) per vessel per day/trip. This retention limit 
adjustment applies to Atlantic Tunas Harpoon category permitted 
vessels.

Adjustment of Harpoon Category Daily Retention Limit

    Under Sec.  635.23(d)(1), NMFS may increase or decrease the overall 
daily retention limit of large medium and giant BFT, combined, per 
vessel per day over a range of 5 to a maximum of 10 BFT per vessel per 
day 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 Harpoon category BFT retention limit for the 
remainder of the 2023 Harpoon category fishing season. After 
considering these criteria, NMFS has decided to decrease the overall 
daily retention limit from the default to no more than five large 
medium and giant BFT, combined, per vessel per day/trip (i.e., BFT 
measuring 73 inches (185 cm) CFL or greater) for Harpoon category 
permitted vessels. This action maintains the incidental daily catch 
limit of two large medium BFT (i.e., measuring 73 inches to less than 
81 inches (206 cm) CFL) per vessel per day/trip.
    Regardless of the duration of a fishing trip, the daily retention 
limit applies upon landing. For example, whether a vessel fishing under 
the Harpoon category retention limit takes a 2-day trip or makes two 
trips in 1 day, the daily limit of five fish (combined) may not be 
exceeded upon landing. This Harpoon category retention limit adjustment 
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 Harpoon category.

Consideration of the Determination Criteria

    As described above, under Sec.  635.23(d)(1), 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 Harpoon 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 considered the catches of the Harpoon category quota to date 
and the likelihood of closure of the Harpoon category if no adjustment 
is made (Sec.  635.27(a)(7)(ii)). Commercial-size BFT are currently 
readily available to vessels under the Harpoon category quota. To date, 
the Harpoon category has landed approximately 42.1 mt, representing 71 
percent of the Harpoon category. If catch rates continue with the 
default daily limit, the Harpoon category quota will be reached or 
exceeded, and NMFS would need to close the fishery earlier than 
otherwise would be necessary under a lower 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)). 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. 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 
Harpoon category quota without exceeding the annual quota. This 
consideration is based on the objectives of the 2006 Consolidated HMS 
FMP and its amendments, and

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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)). As discussed above, 
NMFS will closely monitor Harpoon category catch rates and actively 
adjust the daily retention limit as appropriate to enhance scientific 
data collection and ensure fishing opportunities throughout the fishing 
season, as well as ensure available quota is not exceeded.
    An overall 10 fish (combined) daily retention limit could result in 
diminished fishing opportunities for Harpoon category vessels resulting 
in the premature closure of the Harpoon category. A five fish 
(combined) daily retention limit for the remainder of the fishing 
season will provide a greater opportunity to harvest the Harpoon 
category quota while maintaining equitable distribution of fishing 
opportunities for Harpoon category participants.
    Given these considerations, NMFS has determined that a five fish 
(combined) Harpoon category retention limit is warranted for the 
remainder of the Harpoon category fishing season, unless modified in 
another action. 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 Harpoon 
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, 
Harpoon category 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 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 Harpoon category 
fishery 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 Harpoon category BFT, combined, 
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 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.
    Adjustment of the Harpoon category retention limit needs to be 
effective as soon as possible to minimize any unnecessary disruption in 
fishing patterns, to allow the impacted sector to benefit from the 
adjustment, and to extend fishing opportunities for Harpoon category 
participants. Fishing under the Harpoon category daily retention limit 
is currently underway and thus prior notice would be contrary to the 
public interest. Delays in decreasing Harpoon category retention limit 
would adversely affect those Harpoon category vessels that would 
otherwise have an opportunity to harvest BFT if the fishery were to 
remain open for as long as feasibly possible. 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 https://www.hmspermits.noaa.gov.
    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: July 12, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-15065 Filed 7-12-23; 4:15 pm]
BILLING CODE 3510-22-P