Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 22895-22898 [2021-09111]
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Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Rules and Regulations
(C) Eighteen swordfish per vessel per
trip for the Northwest Atlantic region;
and
(D) Eighteen swordfish per vessel per
trip for the Gulf of Mexico region.
(5) NMFS will file with the Office of
the Federal Register for publication
notification of any inseason adjustments
to the default swordfish retention limits
specified at paragraphs (b)(3) and
(b)(4)(iii) of this section. Before making
any inseason adjustments to swordfish
retention limits, NMFS will consider the
following criteria and other relevant
factors:
(i) The usefulness of information
obtained from biological sampling and
monitoring of the North Atlantic
swordfish stock;
(ii) The estimated ability of vessels
participating in the fishery to land the
amount of swordfish quota available
before the end of the fishing year;
(iii) The estimated amounts by which
quotas for other categories of the fishery
might be exceeded;
(iv) Effects of the adjustment on
accomplishing the objectives of the
fishery management plan and its
amendments;
(v) Variations in seasonal distribution,
abundance, or migration patterns of
swordfish;
(vi) Effects of catch rates in one region
precluding vessels in another region
from having a reasonable opportunity to
harvest a portion of the overall
swordfish quota; and
(vii) Review of dealer reports, landing
trends, and the availability of swordfish
on the fishing grounds.
*
*
*
*
*
[FR Doc. 2021–08814 Filed 4–29–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02; RTID
0648–XB018]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
Angling category retention limit
adjustment.
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AGENCY:
NMFS has determined that
the Atlantic bluefin tuna (BFT) daily
SUMMARY:
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retention limit that applies to Highly
Migratory Species (HMS) Angling
category permitted vessels and HMS
Charter/Headboat vessels (when fishing
recreationally for BFT) should be
adjusted for the remainder of 2021,
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;
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 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
targeted fishing for BFT is prohibited.
DATES: Effective May 2, 2021 through
December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, Nicholas Velseboer,
nicholas.velseboer@noaa.gov, 978–675–
2168, or Lauren Latchford,
lauren.latchford@noaa.gov, 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
Atlantic HMS FMP and its amendments.
NMFS is required under the MSA 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 a method for limiting fishing
mortality on juvenile BFT, ICCAT
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22895
recommendations have adopted 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) to 127.3
metric tons (mt)) annually (10 percent of
the U.S. quota)
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). In 2020, following a
stock assessment update, ICCAT
adopted Recommendation 20–06, which
maintained the overall total allowable
catch of 2,350 mt and the associated
U.S. quota. As such, as described in
§ 635.27(a), the current baseline U.S.
quota continues to be 1,247.86 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 Angling category quota
continues to be 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
on January 1, 2021, and continues
through December 31, 2021. The size
classes of BFT are summarized in Table
1. 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). 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 category and HMS
Charter/Headboat permitted vessels
(when fishing recreationally for BFT)
(§ 635.23(b)(2)).
As defined at § 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).
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Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Rules and Regulations
TABLE 1—BFT SIZE CLASSES
Size class
Curved fork length
School .................................................................
Large school .......................................................
Small medium .....................................................
Large medium .....................................................
Giant ...................................................................
Table 2 summarizes the recreational
quota, subquotas, landings, and
27
47
59
73
81
to less than 47 inches (68.5 to less than 119 cm).
to less than 59 inches (119 to less than 150 cm).
to less than 73 inches (150 to less than 185 cm).
to less than 81 inches (185 to less than 206 cm).
inches or greater (206 cm or greater).
retention limit information for 2019 and
2020, by size class.
TABLE 2—ANGLING CATEGORY QUOTAS (mt), ESTIMATED LANDINGS (mt), AND DAILY RETENTION LIMITS, 2019–2020
2019
Subquotas
and total
quota
(mt)
Size class
Amount of
subquotas
and total
quota used
(percent)
Landings
(mt)
Subquotas
and total
quota
(mt)
Landings
(mt)
Amount of
subquotas
and total
quota used
(percent)
School ......................................................
Large School/Small Medium ....................
Trophy: Large Medium/Giant ...................
127.3
99.8
5.3
71
95
15.8
56
95
298
127.3
99.8
5.3
81.7
112.3
8.9
64
113
168
Total ..................................................
232.4
181.8
78
232.4
202.9
87
Daily Retention Limits (per Vessel) .........
January 1 through May 10: 1 school, large
school, or small medium (default)
May 11 through December 31: (84 FR 20296,
May 9, 2019)
Private boats: 2 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
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2020
Under § 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 under
§ 635.27(a)(8). Also under § 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.
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 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
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January 1 through May 1: 1 school, large school,
or small medium (default).
May 2 through December 31: (85 FR 26365, May
4, 2020).
Private boats: 2 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.
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 Angling category quota to date and
the likelihood of closure of that segment
of the fishery if no adjustment is made
(§ 635.27(a)(8)(ii)). Additionally, NMFS
considered Angling category landings in
2019 and 2020, which were
approximately 78 percent and 87
percent of the 232.4-mt annual Angling
category quota, respectively, including
landings of 56 percent and 64 percent of
the available school BFT quota,
respectively, under the same daily
retention limits as implemented in this
action. Thus, absent retention limit
adjustment, NMFS anticipates that the
full 2021 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
(§ 635.27(a)(8)(v) and (vi)). These
retention limits would be consistent
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with established quotas and subquotas,
which are implemented consistent with
ICCAT recommendations, (established
in Recommendation 17–06 and
maintained in Recommendation 20–06),
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 keeping with those
established quotas and management
measures. 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
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Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Rules and Regulations
quota without exceeding the annual
quota, based on the objectives 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 available BFT
quota allocations (related to
§ 635.27(a)(8)(x)).
NMFS considered input on
recreational limits from the HMS
Advisory Panel at its May and
September 2020 meetings and that
ICCAT recommendations and HMS
implementing regulations limit the
allowance for landings of school bluefin
tuna to ten percent of the U.S. baseline
quota (i.e., 127.3 mt). The 2020 school
BFT landings represented
approximately 6 percent of the total U.S.
quota for 2020, well under the ICCAT
recommended 10-percent limit. 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 as well as high variability
in bluefin tuna availability.
Given that the Angling category
landings fell short of the available quota
in 2019 and 2020, even with the
retention limit adjustments, and
considering the regulatory criteria
above, NMFS has determined that the
Angling category retention limits
applicable to participants in the HMS
Angling category 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, 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
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
24 percent of recent recreational
landings for 2019 through 2020, with
the remaining 76 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
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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
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. This action
does not change the retention limit for
trophy size BFT.
NMFS anticipates that the BFT daily
retention limits in this action will result
in landings during 2021 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.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries closely through the
mandatory landings and catch reports.
HMS Angling category 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 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
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22897
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 category 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
§ 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
§ 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-catchand-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 2021 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
2020 Angling category. If NMFS was to
offer a public comment period now,
after having appropriately considered
that data, it could 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.
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Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Rules and Regulations
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 category and HMS
Charter/Headboat 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 all
of the above reasons, there is good cause
under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness.
This action is being taken under
§ 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 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–09111 Filed 4–29–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
50 CFR Part 648
[Docket No. 210426–0089]
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RIN 0648–BK26
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Approval of 2021 and 2022
Sector Operations Plans and
Allocation of 2021 Northeast
Multispecies Annual Catch
Entitlements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
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Final rule.
This final rule approves
sector operations plans and contracts,
grants 19 regulatory exemptions for
fishing years 2021 and 2022, allocates
Northeast multispecies annual catch
entitlements to approved sectors for
fishing year 2021 including default
specifications for seven stocks, and
makes regulatory amendments
necessary to administer electronic
monitoring. This action is intended to
allow limited access permit holders to
continue to operate or form sectors and
to exempt sectors from certain effort
control regulations to improve the
efficiency and economics of sector
vessels. Approval of sector operations
plans and contracts is necessary to
allocate annual catch entitlements to the
sectors in order for sectors to operate.
DATES: Sector operations plans and
regulatory exemptions are effective May
1, 2021, through April 30, 2023.
Northeast multispecies annual catch
entitlements for sectors are effective
May 1, 2021, through April 30, 2022.
ADDRESSES: Copies of each sector’s
operations plan and contract are
available from the NMFS Greater
Atlantic Regional Fisheries Office:
Contact Claire Fitz-Gerald at Claire.FitzGerald@noaa.gov and Kyle Molton at
Kyle.Molton@noaa.gov. These
documents are also accessible via the
GARFO website. To view these
documents and the Federal Register
documents referenced in this rule, you
can visit: https://
www.fisheries.noaa.gov/managementplan/northeast-multispeciesmanagement-plan.
FOR FURTHER INFORMATION CONTACT:
Claire Fitz-Gerald, Fishery Policy
Analyst, (978) 281–9255.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
National Oceanic and Atmospheric
Administration
AGENCY:
ACTION:
The Northeast Multispecies Fishery
Management Plan (FMP) defines a
sector as a group of persons holding
limited access Northeast multispecies
permits that have voluntarily entered
into a contract and agree to certain
fishing restrictions for a specified period
of time, and which has been granted a
portion of the total allowable catch
(TAC) in order to achieve objectives
consistent with applicable FMP goals
and objectives. A sector must be
comprised of at least three Northeast
multispecies permits issued to at least
three different persons, none of whom
have any common ownership interest in
the permits, vessels, or businesses
associated with the permits issued to
the other two or more persons in that
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sector. Sectors are self-selecting,
meaning each sector can choose its
members.
The Northeast multispecies sector
management system allocates a portion
of the Northeast multispecies stocks to
each sector. These annual sector
allocations are known as annual catch
entitlements (ACE) and are based on the
collective fishing history of a sector’s
members. Sectors may receive
allocations of large-mesh Northeast
multispecies stocks with the exception
of Atlantic halibut, windowpane
flounder, Atlantic wolffish, and ocean
pout, which are non-allocated species
managed under separate effort controls.
ACEs are portions of a stock’s annual
catch limit (ACL) available to
commercial Northeast multispecies
vessels. A sector determines how to
harvest its ACE.
Because sectors elect to receive an
allocation under a quota-based system,
the FMP grants sector vessels several
‘‘universal’’ exemptions from the FMP’s
effort controls. These universal
exemptions apply to: Trip limits on
allocated stocks; Northeast multispecies
days-at-sea (DAS) restrictions; the
requirement to use a 6.5-inch (16.5centimeters (cm)) mesh codend when
fishing with selective gear on Georges
Bank (GB); and portions of the Gulf of
Maine (GOM) Cod Protection Closures.
The FMP prohibits sectors from
requesting exemptions from permitting
restrictions, gear restrictions designed to
minimize habitat impacts, and most
reporting requirements.
In addition to the approved sectors,
there are several state-operated permit
banks, which receive allocations based
on the history of the permits owned by
the states. The final rule implementing
Amendment 17 to the FMP allowed a
state-operated permit bank to receive an
allocation without needing to comply
with the administrative and procedural
requirements for sectors (77 FR 16942;
March 23, 2012). Instead, permit banks
are required to submit a list of
participating permits to us, as specified
in the permit bank’s Memorandum of
Agreement, to determine the ACE
allocated to the permit bank. These
allocations may be leased to fishermen
enrolled in sectors. State-operated
permit banks are no longer approved
through the sector approval process, but
current state-operated permit banks
contribute to the total allocation under
the sector system.
We received operations plans and
preliminary contracts for fishing years
2021 and 2022 from 16 sectors. The
operations plans included 19
exemptions previously requested by
sectors, and approved by NMFS, in
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[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Rules and Regulations]
[Pages 22895-22898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09111]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XB018]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
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 Highly Migratory Species (HMS) Angling
category permitted vessels and HMS Charter/Headboat vessels (when
fishing recreationally for BFT) should be adjusted for the remainder of
2021, 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; 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 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 targeted fishing for BFT is prohibited.
DATES: Effective May 2, 2021 through December 31, 2021.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected],
301-427-8503, Nicholas Velseboer, [email protected], 978-675-
2168, or Lauren Latchford, [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 Atlantic HMS FMP and its
amendments. NMFS is required under the MSA 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 a method for limiting fishing mortality on juvenile BFT, ICCAT
recommendations have adopted 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) to 127.3 metric tons (mt)) annually (10 percent of
the U.S. quota)
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). In 2020, following a stock assessment
update, ICCAT adopted Recommendation 20-06, which maintained the
overall total allowable catch of 2,350 mt and the associated U.S.
quota. As such, as described in Sec. 635.27(a), the current baseline
U.S. quota continues to be 1,247.86 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
Angling category quota continues to be 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 on January 1, 2021, and
continues through December 31, 2021. The size classes of BFT are
summarized in Table 1. 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). 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
category and HMS Charter/Headboat permitted vessels (when fishing
recreationally for BFT) (Sec. 635.23(b)(2)).
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).
[[Page 22896]]
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 2019 and 2020, by size class.
Table 2--Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2019-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
2019 2020
-----------------------------------------------------------------------------------------------
Amount of Amount of
Size class Subquotas and subquotas and Subquotas and subquotas and
total quota Landings (mt) total quota total quota Landings (mt) total quota
(mt) used (percent) (mt) used (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
School.................................................. 127.3 71 56 127.3 81.7 64
Large School/Small Medium............................... 99.8 95 95 99.8 112.3 113
Trophy: Large Medium/Giant.............................. 5.3 15.8 298 5.3 8.9 168
-----------------------------------------------------------------------------------------------
Total............................................... 232.4 181.8 78 232.4 202.9 87
--------------------------------------------------------------------------------------------------------------------------------------------------------
Daily Retention Limits (per Vessel)..................... January 1 through May 10: 1 school, large
school, or small medium (default)
January 1 through May 1: 1 school, large
school, or small medium (default).
May 11 through December 31: (84 FR 20296, May
9, 2019)
May 2 through December 31: (85 FR 26365, May
4, 2020).
Private boats: 2 school and 1 large school/
small medium
Private boats: 2 school and 1 large school/
small medium.
Charter boats: 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
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 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.
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)(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 continued collection of a
broad range of data for these studies and for stock monitoring
purposes.
NMFS also 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)). Additionally, NMFS
considered Angling category landings in 2019 and 2020, which were
approximately 78 percent and 87 percent of the 232.4-mt annual Angling
category quota, respectively, including landings of 56 percent and 64
percent of the available school BFT quota, respectively, under the same
daily retention limits as implemented in this action. Thus, absent
retention limit adjustment, NMFS anticipates that the full 2021 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)(8)(v) and (vi)). These
retention limits would be consistent with established quotas and
subquotas, which are implemented consistent with ICCAT recommendations,
(established in Recommendation 17-06 and maintained in Recommendation
20-06), 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 keeping with those
established quotas and management measures. 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
[[Page 22897]]
quota without exceeding the annual quota, based on the objectives 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 available BFT quota allocations (related
to Sec. 635.27(a)(8)(x)).
NMFS considered input on recreational limits from the HMS Advisory
Panel at its May and September 2020 meetings and that ICCAT
recommendations and HMS implementing regulations limit the allowance
for landings of school bluefin tuna to ten percent of the U.S. baseline
quota (i.e., 127.3 mt). The 2020 school BFT landings represented
approximately 6 percent of the total U.S. quota for 2020, well under
the ICCAT recommended 10-percent limit. 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 as well as high variability in bluefin tuna
availability.
Given that the Angling category landings fell short of the
available quota in 2019 and 2020, even with the retention limit
adjustments, and considering the regulatory criteria above, NMFS has
determined that the Angling category retention limits applicable to
participants in the HMS Angling category 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, 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 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 24 percent of
recent recreational landings for 2019 through 2020, with the remaining
76 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 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.
This action does not change the retention limit for trophy size BFT.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2021 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.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely through the
mandatory landings and catch reports. HMS Angling category 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 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 category 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
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
2021 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 2020 Angling category.
If NMFS was to offer a public comment period now, after having
appropriately considered that data, it could 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.
[[Page 22898]]
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 category and HMS
Charter/Headboat 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 all of the above reasons, there 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 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-09111 Filed 4-29-21; 8:45 am]
BILLING CODE 3510-22-P
