[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Rules and Regulations]
[Pages 45779-45781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11423]



[[Page 45779]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193]
RTID 0648-XD944


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; General Category and Harpoon Category Retention Limit 
Adjustments

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 subquota time 
period or until further modified. Additionally, NMFS is modifying the 
Harpoon category BFT daily retention limit from the default of no more 
than 10 large medium and giant BFT to 5 large medium or giant BFT. The 
incidental catch limit of two large medium BFT per vessel per day/trip 
remains unchanged. These retention limits apply to Atlantic Tunas 
Harpoon category permitted vessels for the remainder of the 2024 
Harpoon category fishing season, which concludes on November 15, 2024, 
or until further modified.

DATES: The adjusted retention limit for the General category is 
effective June 1, 2024, through August 31, 2024 or until NMFS announces 
in the Federal Register another adjustment to the retention limit. The 
adjusted retention limit for the Harpoon category is effective from 
June 1, 2024, through November 15, 2024, or until NMFS announces in the 
Federal Register another adjustment to the retention limit.

FOR FURTHER INFORMATION CONTACT: Anna Quintrell 
([email protected]) or Larry Redd, Jr. ([email protected]) at 
301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the 
2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments, 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with 
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS 
implementing regulations are at 50 CFR part 635. Section 635.27 divides 
the U.S. BFT quota, established 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 at 16 
U.S.C. 1854(g)(1)(D) 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 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 baseline 
quota for the General category is 710.7 mt. 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)).
    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, 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. If the vessel owner/operator retains two large 
medium BFT during a day/trip under these default retention limits, they 
may retain a maximum of 8 giant BFT on that same day/trip.

Adjustment of General and Harpoon Category Daily Retention Limits

    NMFS may increase or decrease the General or Harpoon category daily 
retention limits after considering the regulatory determination 
criteria under Sec.  635.27(a)(7). For the General category, NMFS may 
adjust the daily retention limit of large medium and giant BFT over a 
range of zero to five BFT per vessel (see Sec.  635.23(a)(4)). For the 
Harpoon category, NMFS may adjust 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 (see Sec.  
635.23(d)(1)). NMFS may also adjust the incidental daily catch limit 
for the Harpoon category over a range of two to a maximum of four large 
medium BFT per vessel per day (see Sec.  635.23(d)(2)).
    NMFS has considered all relevant determination criteria for 
adjusting the BFT retention limits in both the General and Harpoon 
categories. For the General category, after evaluating 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. This 
adjustment would apply to the June through August time period or until 
NMFS announces in the Federal Register another adjustment to the 
retention limit.
    For the Harpoon category, NMFS has decided to decrease the overall 
daily retention limit 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). 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. As such, if two large 
medium BFT are retained during a day/trip, no more than three giant BFT 
may be retained on the same day/trip. Similarly, if no large medium BFT 
are retained, then all five BFT could be giant BFT. This adjustment 
would apply from June 1 through the remainder of the 2024 Harpoon 
category fishing season, which concludes on November 15, 2024, or until 
NMFS announces in the Federal Register another adjustment to the 
retention limit.
    Regardless of the duration of a fishing trip, no more than a single 
day's daily retention limit may be possessed or retained at the end of 
the trip for both the General and Harpoon category vessels. For 
example, whether a General category vessel takes a 2-day trip or makes 
two trips in 1 day during the June through August time period, the 
daily limit of three fish may not be exceeded upon landing. Similarly, 
a Harpoon category vessel cannot exceed the daily limit of five 
combined large medium and giant BFT, regardless of the trip's length or 
number of trips in a day. These retention limits are effective in all

[[Page 45780]]

areas, except for the Gulf of Mexico, where NMFS prohibits targeting 
fishing for BFT. The General category retention limit applies to 
vessels permitted in the General category and to those HMS Charter/
Headboat permitted vessels with a commercial sale endorsement when 
fishing commercially for BFT, while the Harpoon category retention 
limit applies to those vessels permitted in the Harpoon category.

Consideration of the Determination Criteria

    As described above, under Sec.  635.23(a)(4) and (d)(1), NMFS may 
adjust the daily retention limit of large medium and giant BFT in the 
General and Harpoon categories 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 or 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 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 
in the General category, 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 
being reached and a closure becoming necessary. 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 2023, NMFS took a similar action to increase the 
retention limit to three BFT per vessel in the first part of the June 
through August time period (88 FR 34454, May 30, 2023). 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 
(88 FR 42272, June 30, 2023). 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 1, 2023, 90 percent of the trips landed one 
BFT; 8 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 acknowledges and has taken into account 
a previously proposed rule, which, among other provisions, included 
proposed measures to designate restricted-fishing days for the General 
category from July through November 2024. Additionally, it proposed 
setting a default retention limit of three fish during June and one 
fish for all other open months (i.e., January through March and July 
through December) (89 FR 13667, February 23, 2024). Upon its 
finalization, this rule will further enhance the probability of 
maintaining an open fishery throughout the subquota time period and 
year.
    NMFS also considered the catches of the Harpoon category quota in 
recent years (i.e., most recently in 2023). As mentioned above, 
commercial-size BFT are anticipated to migrate to the fishing grounds 
off the northeast U.S. coast by early June. Given the possibility of 
high catch rates in early June, decreasing the retention limit from a 
combined 10-fish limit to 5-fish per vessel/day would extend the quota 
throughout a greater portion of the fishing season. If catch rates are 
low with the adjusted daily trip limit, NMFS could take another action 
to increase the trip 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)(8)(v) and (vi)). 
Adjusting the retention limit for both of these categories 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. Making these 
adjustments 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, these retention limit adjustments 
are consistent with those objectives.
    Another principal consideration in setting the retention limit is 
the objective of providing opportunities to harvest the available 
General category and 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 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 
will have opportunities to harvest their quota in 2024 through 
proactive inseason management, such as adjustments to retention limits 
and timing and amount of quota transfers, as feasible. During the June 
through August period, NMFS will closely monitor General category catch 
rates associated with various gear types and adjust the daily retention 
limit accordingly to enhance scientific data collection and ensure 
fishing opportunities align with respective subquotas. Similarly, for 
the Harpoon category, NMFS will actively monitor catch rates and adjust 
the daily retention limit as needed throughout the fishing season to 
facilitate scientific data collection and maintain fishing 
opportunities while preventing the exceedance of available quota.
    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

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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. For the Harpoon category, an 
overall 10 fish (combined) daily retention limit could result in 
diminished fishing opportunities, and 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 three-fish 
retention limit for the General category and a five-fish (combined) 
retention limit for the Harpoon category are warranted for their 
respective parts of the fishing season. These retention limits would 
provide a reasonable opportunity to harvest the available U.S. BFT 
quota (including the expected increase in available 2024 quota based on 
2023 underharvest), without exceeding it, while maintaining an 
equitable distribution of fishing opportunities; help optimize the 
ability of the General category and Harpoon category to harvest their 
available quotas; 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 category, Harpoon category, and HMS Charter/Headboat permitted 
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 (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635 and 
this action 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 limits from the default level for the time periods that 
begin in June would be impracticable. Based on available BFT quotas, 
recent fishery performance, and the presence of BFT on fishing grounds, 
responsive adjustments to both the General and Harpoon category BFT 
daily retention limits from their default levels are warranted. These 
adjustments aim to enable fishermen to capitalize on the availability 
of fish and quota. NMFS could not have proposed these adjustments 
earlier as it needed to thoroughly assess updated data and information 
concerning fishery conditions and this year's landings. Offering a 
public comment period now, after appropriately considering this data, 
would prevent fishermen from legally harvesting BFT in alignment with 
all regulatory criteria. Additionally, it could lead to the selection 
of a retention limit unsuitable to the available quota for the period.
    Fisheries under the General and Harpoon 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 limits from the default 
level would result in minimal risks of exceeding the ICCAT-allocated 
quota. NMFS provides notification of retention limit adjustments 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.
    Adjustment of the General and Harpoon category retention limits 
needs to be effective June 1, 2024, 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. Reducing 
opportunities to harvest the respective quotas throughout the fishing 
season 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 20, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-11423 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-22-P