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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations
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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 2006
Consolidated HMS 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 HMS FMP and its amendments. Among other restrictions and retention limits, section 635.23 specifies the retention limit provisions for Atlantic Tunas General category permitted vessels and HMS Charter/Headboat permitted vessels, including those applicable to persons aboard such permitted vessels on RFDs and on days other than RFDs.
Background Specific information regarding RFDs, requests for their resumed use, the current U.S. quota and General category subquotas, and the need to clarify the regulations regarding the applicability of RFDs to HMS Charter/Headboat permitted vessels, was provided in the preamble to the proposed rule 86 FR
25992, May 12, 2021 and is not repeated here.
As described in the proposed rule, NMFS undertook this rulemaking to address and avoid repetition of certain issues that affected the General category BFT fishery in 2019 and 2020 and earlier. These issues include the shortened time to fish under the General category subquotas that occurs when the quota is filled quickly, increasing numbers of BFT that are landed but not sold to dealers because of market gluts, and the resulting decreased price of BFT.
The comment period for the proposed rule closed on June 11, 2021. NMFS
received 67 written comments, including comments from commercial and recreational fishermen, Atlantic tuna dealers, and the general public, as well as oral comments at a public webinar and at the HMS Advisory Panel meeting and public comment sessions at that meeting. The comments received, and responses to those comments, are summarized below in the Response to Comments section.
After considering public comments on the proposed rule in light of the management goals of this action, NMFS
decided to implement the RFD schedule as proposed except for changing the
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start date of the first RFD to account for the date of publication of this final rule.
Compared to the fishery in 2019 and 2020, implementing RFDs should slow the rate of landings and extend fishing opportunities for General category permit holders through a greater portion of the subquota periods while also addressing the issues mentioned above.
As such, this final rule establishes RFDs for the 2021 BFT fishing year for the General category and makes minor revisions in the HMS regulations at 50
CFR part 635. As described below, except for changing the start date of the first RFD to account for the date of publication of this final rule, no changes were made from the proposed rule.
Implementing this RFD schedule, with the ability to waive scheduled RFDs, would slow the rate of landings to provide available quota throughout a longer duration of the General category subquota periods while providing reasonable fishing opportunities, including some fishing tournament opportunities, for all General category participants.
Specifically, NMFS sets RFDs for the 2021 fishing year on the following days:
All Tuesdays, Fridays, and Saturdays from September 3 through November 30, 2021. On an RFD, Atlantic Tunas General category permitted vessels are prohibited from fishing for including catch-and-release and tag-and-release fishing, possessing, retaining, landing, or selling BFT. On these designated RFDs, persons aboard HMS Charter/
Headboat permitted vessels with a commercial sale endorsement also are prohibited from fishing commercially for BFT. Persons aboard all HMS
Charter/Headboat permitted vessels can fish recreationally for BFT under the applicable Angling category restrictions and retention limits.
NMFS may waive previously scheduled RFDs under certain circumstances. Consistent with 635.23a4, NMFS may waive an RFD
by adjusting the daily BFT retention limit from zero up to five on specified RFDs, after considering the inseason adjustment determination criteria at 635.27a8. This would include, among other things, review of dealer reports, daily landing trends, and the availability of BFT on fishing grounds.
NMFS will announce any such waiver by filing a retention limit adjustment with the Office of the Federal Register for publication. Such adjustments will be effective no less than 3 calendar days after the date of filing for public inspection with the Office of the Federal Register. NMFS also may waive previously designated RFDs effective upon closure of the General category
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fishery so that persons aboard vessels permitted in the General category may conduct tag-and-release fishing for BFT
as allowable under 635.26a.
However, should NMFS waive previously designated RFDs while the General category fishery is open, persons aboard vessels permitted in the General category may conduct catch and release or tag-and-release fishing for BFT as allowable under 635.26a.
NMFS will not modify RFDs set by this final rule during the fishing year in other ways such as changing an RFD
from one date to another or adding RFDs other than waiving designated RFDs based on the circumstances described above.
This final rule also clarifies existing regulatory text at 635.23c about the applicability of RFDs to HMS Charter/
Headboat permitted vessels, and makes a minor change to correct two permit title references in 635.23 of the regulations.
Response to Comments All written comments can be found at www.regulations.gov by searching for NOAANMFS20210040. Below, NMFS summarizes and responds to all comments made specifically on the proposed rule during the comment period.
Comment 1: NMFS received comments from General category fishermen, charter/headboat fishermen, and tournament operators both in support of and in opposition to General category RFDs for the 2021 fishing year.
Most commenters in support of resuming the use of RFDs noted that RFDs should prevent market gluts and should lengthen the General category season within the subquota time-periods and the season overall. These commenters felt that lengthening the season into the fall/winter months when BFT are of better quality would result in higher prices for fishermen. Other commenters expressed concern that the proposed rule seemed to be economic in nature and would inappropriately manipulate the market. Additionally, several commenters opposed to RFDs expressed concern that this action is premature due to the unique impacts of COVID19 in 2020, noting that global markets and economies are stabilizing and similar impacts should not be expected in 2021. Furthermore, some commenters expressed concern that RFDs would not result in extending the fishery, but instead would lead to a derby fishery resulting in flooded markets, lower BFT prices, and safetyat-sea concerns associated with fishing in bad weather conditions.

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