[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Rules and Regulations]
[Pages 45776-45778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11441]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XD871]


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 2024. NMFS is adjusting the Angling 
category BFT daily retention limit from the default of 1 school, large 
school, or small medium BFT to: 2 school BFT and 1 large school/small 
medium BFT per vessel per day/trip for private vessels with HMS Angling 
permits; 3 school BFT and 1 large school/small medium BFT per vessel 
per day/trip for charter boat vessels with HMS Charter/Headboat permits 
when fishing recreationally; and 12 school BFT and 2 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 23, 2024, through December 31, 2024.

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 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

[[Page 45777]]

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 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 12 school BFT and 2 large school/
small medium BFT per vessel per day/trip when fishing recreationally 
for BFT (i.e., 12 BFT measuring 27 to less than 47 inches (68.5 to less 
than 119 cm) and 2 BFT measuring 47 to less than 73 inches (119 to less 
than 185 cm)).
    Regardless of the duration of a fishing trip, no more than a single 
day's retention limit may be possessed or retained at the end of the 
trip upon landing. For example, whether a private vessel (fishing under 
the Angling category retention limit) takes a two-day trip or makes two 
trips in one day, the day/trip retention 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

    NMFS has considered all of the relevant determination criteria 
under Sec.  635.27(a)(7) and their applicability to this inseason 
retention limit adjustment. These considerations include, but are not 
limited to, the following:
    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 in the Angling category 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)). Specifically, NMFS 
considered Angling category landings in 2023, which were approximately 
74 percent of the 297.4-mt annual Angling category quota in 2023, 
including landings of approximately 12 percent of the available school 
BFT quota (134.1 mt) in 2023, under similar daily retention limits as 
implemented in this action. Thus, the likelihood of closure of this 
segment of the fishery is highly unlikely if no adjustment is made. 
Rather, absent retention limit adjustment, NMFS anticipates that the 
available 2024 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 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. 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

[[Page 45778]]

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)).
    In implementing this retention limit adjustment, NMFS considered 
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), as well as input on recreational limits from 
the HMS Advisory Panel at its May and September 2023 meetings. The 2023 
school BFT landings represented approximately 1.2 percent of the total 
U.S. quota for 2023, 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 2023, even 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 26 
percent of recent recreational landings for 2023, with the remaining 74 
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 access 
https://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 (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. 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 for prior notice and opportunity to comment on 
this daily retention limit adjustment for the remainder of 2024 at this 
time is impracticable. NMFS could not have proposed this action 
earlier, as it needed to consider and respond to updated 2023 
recreational landings data. 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, 
and would support effective management of the BFT fishery. 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 also finds that pursuant to 5 
U.S.C. 553(d), there is good cause to waive the 30-day delay in 
effectiveness.

    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. 2024-11441 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-22-P