NOAA Changes Commercial Bluefin Tuna Limit

The National Marine Fisheries division of NOAA today posted an adjustment in the regulations for the harvesting of Atlantic Bluefin Tuna (Thunnus thynnus) for vessels licensed under the charter/headboat category fishing commercially. According to the NMFS document published today in the Federal Register the Atlantic bluefin tuna daily retention limit of one large, medium, or giant bluefin tuna has been increased to four large, medium, or giant bluefin tuna. The new regulations are set for June 1, 2014 through August 31, 2014.

According to the Federal registry document, NMFS has implemented these changes in accordance with the authority of the Atlantic Tunas Convention Act (ATCA), the Magnuson-Stevens Fishery Conservation and Management Act, the International Commission for the Conservation of Atlantic Tunas (ICCAT), and the 2006 Consolidated Highly Migratory Species Fishery Management Plan.

Likewise, the document details the research and information used to justify this harvest expansion for the 2014 seasons.

In essence, NMFS claims that the increase does not exceed the limits imposed by the Magnuson-Stevens Act and the 2006 Consolidated Highly Migratory Species Fisheries management Plan. According to NMFS, if the seasonal quota is set lower than the adjusted four fish, then it would be likely that that the catch limit for the remainder of the year would need to be increased. Likewise, MMFS identifies that if the limit were raised to five fish, then reductions would need to be made for the rest of the year.

NMFS reserves the right to alter catch limits based upon data they receive. In this instance, NMFS did not place the rule change up for public comment prior to implementation citing the need to base the decision on last-minute information. Delaying the harvest until after public weigh-in, according to NMFS would result in under-harvesting during the season. According to the document,

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 exacerbate the problem of low catch rates and quota rollovers. Limited opportunities to harvest the respective quotas may have negative social and economic impacts for U.S. fishermen that depend upon catching the available quota within the time periods designated in the 2006 Consolidated HMS FMP. Adjustment of the retention limit needs to be effective June 1, 2014, 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 who have access to the fishery only during this time period. 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 is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.

This action is being taken under 50 CFR 635.23(a)(4) and is exempt from review under Executive Order 12866.