[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Rules and Regulations]
[Pages 26365-26368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09420]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XA094]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 26366]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason Angling category retention limit
adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels permitted in the Highly
Migratory Species (HMS) Angling category and the HMS Charter/Headboat
category (when fishing recreationally for BFT) should be adjusted for
the remainder of 2020, based on consideration of the regulatory
determination criteria regarding inseason adjustments. NMFS is
adjusting the Angling category BFT daily retention limit from the
default of one school, large school, or small medium BFT to two school
BFT and one large school/small medium BFT per vessel per day/trip for
private vessels with HMS Angling category permits; to three school BFT
and one large school/small medium BFT per vessel per day/trip for
charter boat vessels with HMS Charter/Headboat permits when fishing
recreationally; and to six school BFT and two 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 NMFS
prohibits targeted fishing for BFT.
DATES: Effective May 2, 2020 through December 31, 2020.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260, Larry
Redd, 301-427-8503, or Nicholas Velseboer, 978-675-2168.
SUPPLEMENTARY INFORMATION: Regulations implemented 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.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in Amendment 7 to the 2006 Consolidated Highly
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP)
(Amendment 7) (79 FR 71510, December 2, 2014), and in accordance with
implementing regulations. NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable
opportunity to harvest the ICCAT-recommended quota.
As a method for limiting fishing mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the annual harvest of BFT measuring
less than 115 centimeters (cm) (45.3 inches) (straight fork length) to
no more than 10 percent by weight of a Contracting Party's total BFT
quota. Any overharvest of such tolerance limit from one year must be
subtracted from the tolerance limit applicable in the next year or the
year after that. NMFS implements this provision by limiting the harvest
of school BFT (measuring 27 to less than 47 inches curved fork length)
as appropriate to not exceed the 10-percent limit (127.3 mt) annually.
In 2018, NMFS implemented a final rule that established the U.S.
BFT quota and subquotas consistent with ICCAT Recommendation 17-06 (83
FR 53191, October 11, 2018). The currently codified baseline U.S. quota
is 1,247.86 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). See Sec.
635.27(a). The currently codified Angling category quota is 232.4 mt
(127.3 mt for school BFT, 99.8 mt for large school/small medium BFT,
and 5.3 mt for large medium/giant BFT).
The Angling category season opened January 1, 2020, and continues
through December 31, 2020. The size classes of BFT are summarized in
Table 1. Please note that large school and small medium BFT
traditionally have been managed as one size class, as described below,
i.e., a limit of one large school/small medium BFT (measuring 47 to
less than 73 inches). Currently, the default Angling category daily
retention limit of one school, large school, or small medium BFT
applies (Sec. 635.23(b)(2)). This retention limit applies to HMS
Angling and to HMS Charter/Headboat category permitted vessels (when
fishing recreationally for BFT).
As defined at Sec. 600.10, ``charter boat'' means a vessel less
than 100 gross tons (90.8 mt) that meets the requirements of the U.S.
Coast Guard to carry six or fewer passengers for hire (i.e.,
uninspected) and ``headboat'' means a vessel that holds a valid
Certificate of Inspection issued by the U.S. Coast Guard to carry
passengers for hire (i.e., greater than six).
Table 1--BFT Size Classes
------------------------------------------------------------------------
Size class Curved fork length
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
Table 2 summarizes the recreational quota, subquotas, landings, and
retention limit information for 2018 and 2019, by size class.
Table 2--Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2018-2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018 2019
-----------------------------------------------------------------------------------------------
Amount of
Size class Subquotas and Subquotas and Subquotas and Subquotas and subquotas and
total quota total quota total quota total quota Landings (mt) total quota
(mt) (mt) (mt) (mt) used
--------------------------------------------------------------------------------------------------------------------------------------------------------
School.................................................. 127.3 55.8 44% 127.3 71 56%
Large School/Small Medium............................... 99.8 45.5 46% 99.8 95 95%
Trophy: Large Medium/Giant.............................. 5.3 11.3 213% 5.3 15.8 298%
-----------------------------------------------------------------------------------------------
Total............................................... 232.4 112.6 48% 232.4 181.8 78%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Daily Retention Limits (per Vessel)..................... January 1 through April 25:
1 school, large school, or small medium
(default)
January 1 through May 10:
1 school, large school, or small medium
(default)
[[Page 26367]]
April 26 through December 31:
(83 FR 18230, April 26, 2018)
Private boats:
2 school and 1 large school/small medium
May 11 through December 31:
(84 FR 20296, May 9, 2010)
Private boats:
2 school and 1 large school/small medium
Charter/Headboats:
3 school and 1 large school/small medium
Charter boats:
3 school and 1 large school/small medium
Headboats:
6 school and 2 large school/small medium
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
regulatory determination criteria provided under Sec. 635.27(a)(8).
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. The criteria and their application are discussed below.
NMFS considered 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)(8)(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 would support the collection of a broad range
of data for these studies and for stock monitoring purposes.
NMFS considered the 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)(8)(ii)). NMFS anticipates that the
full 2020 Angling category quota would not be harvested under the
default retention limit. As shown in Table 2, Angling category landings
in 2018 and 2019 were approximately 48 percent and 78 percent of the
232.4-mt annual Angling category quota, respectively, including
landings of 44 percent and 56 percent of the available school BFT
quota, respectively.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the FMP (Sec. 635.27(a)(8)(v) and (vi)). These retention limits would
be consistent with the quotas established and analyzed in the 2018 BFT
quota final rule, which implemented the ICCAT quota consistent with
ATCA, and with objectives of the 2006 Consolidated HMS FMP and
amendments, and is not expected to negatively impact stock health or to
affect the stock in ways not already analyzed in those documents. 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.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the full Angling
category quota without exceeding it based on the goals of the 2006
Consolidated HMS FMP and amendments, including to achieve optimum yield
on a continuing basis and to optimize the ability of all permit
categories to harvest their full BFT quota allocations (related to
Sec. 635.27(a)(8)(x)).
The 2019 school BFT landings represent 6 percent of the total U.S.
quota for 2019, well under the ICCAT recommended 10-percent limit.
Given that the Angling category landings fell short of the available
quota and considering the regulatory criteria above, NMFS has
determined that the Angling category retention limit applicable to
participants on HMS Angling and HMS Charter/Headboat category 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, socio-economic needs, and recent landings results
of the two components of the recreational BFT fishery. For example,
charter operators historically have indicated that a multi-fish
retention limit is vital to their ability to attract customers. In
addition, Large Pelagics Survey estimates indicate that charter/
headboat BFT landings averaged 27 percent of recent recreational
landings for 2018 through 2019, with the remaining 73 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 bluefin tuna fishery.
Given these considerations, for private vessels with HMS Angling
category 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, and one BFT
measuring 47 to less than 73 inches). 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, and one BFT measuring 47 to less than 73
inches). For headboat vessels with HMS Charter/Headboat permits, this
action adjusts the limit upwards to six school BFT and two 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, and one BFT measuring 47 to less than 73 inches). Regardless of
the duration of a fishing trip, the daily retention limit applies upon
landing. For example, whether a private vessel (fishing under the
Angling category retention limit) takes a two-day trip or makes two
trips
[[Page 26368]]
in one day, the day/trip limit of two school BFT and one large school/
small medium BFT applies and may not be exceeded upon landing.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2020 that would not exceed the available
subquotas. Lower retention limits could result in substantial
underharvest of the codified 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. NMFS considered input on recreational limits from the HMS
Advisory Panel at its May and September 2019 meetings. NMFS is not
setting higher school BFT limits than the adjustments listed in Table 1
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.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely through the
mandatory landings and catch reports. HMS Charter/Headboat and Angling
category vessel owners are required to report the catch of all BFT
retained or discarded dead, within 24 hours of the landing(s) or end of
each trip, by accessing hmspermits.noaa.gov, 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 call the Atlantic Tunas Information Line at (978) 281-
9260, or access hmspermits.noaa.gov, for updates on quota monitoring
and inseason adjustments.
HMS Angling and HMS Charter/Headboat category 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. Anglers are also reminded that all BFT that are released
must be handled in a manner that will maximize 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
The Assistant Administrator for NMFS (AA) finds that 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:
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. Affording prior notice and opportunity for public
comment to implement the daily retention limit for the remainder of
2020 at this time is impracticable. Based on available BFT quotas,
fishery performance in recent years, and the availability of BFT on the
fishing grounds, immediate adjustment to the Angling category BFT daily
retention limit from the default levels is warranted to allow fishermen
to take advantage of the 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 from the 2019 Angling category.
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 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 Charter/Headboat
category 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 risks of exceeding the ICCAT-allocated quota.
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
hmspermits.noaa.gov. Therefore, the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the opportunity for public comment.
For these reasons, there also is good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under Sec. 635.23(b)(3), and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: April 28, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-09420 Filed 4-29-20; 4:15 pm]
BILLING CODE 3510-22-P