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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations
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August, September, October through November, and December is allocated a portion of the annual General category quota. This action would adjust the daily retention limit for the remainder of the second time period in 2021, June through August.
Adjustment of General Category Daily Retention Limit The default General category retention limit is one large medium or giant BFT
measuring 73 inches 185 cm curved fork length CFL or greater per vessel per day/trip 635.23a2.
Under 635.23a4, NMFS may increase or decrease the daily retention limit of large medium and giant BFT
over a range of zero to a maximum of five per vessel based on consideration of the relevant criteria provided under 635.27a8. NMFS adjusted the daily retention limit for the beginning of the June through August 2021 subquota period from the default level of one large medium or giant BFT to three large medium or giant BFT 86 FR 25992, May 12, 2021. NMFS has considered the relevant determination criteria and their applicability to the General category BFT retention limit for the remainder of the June through August 2021 subquota time period. The criteria 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 635.27a8i, biological samples collected from BFT landed by General category fishermen and provided by BFT dealers continue to provide NMFS with valuable parts and data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. Prolonged opportunities to land BFT over the longest time-period allowable would support the collection of a broad range of data for these studies and for stock monitoring purposes.
NMFS also considered the catches of the General category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made 635.27a8ii and ix. Commercialsize BFT are currently readily available to vessels fishing under the General category quota. As of July 8, 2021, the General category has landed approximately 34.9 mt, representing 13
percent of the General category subquota for the June 1 through August 31 period. If current catch rates continue with the three-fish daily limit, the available subquota for June 1
through August 31 period will be reached or exceeded, and NMFS would
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need to close the fishery earlier than otherwise would be necessary under a lower limit. NMFS intends to provide General category participants in all areas and time periods opportunities to harvest the General category quota without exceeding it, through active inseason management such as retention limit adjustments and/or the timing and amount of quota transfers based on consideration of the determination criteria regarding inseason adjustments, while extending the season as long as practicable. NMFS is setting the limit for the remainder of the June through August 2021 subquota period in such a way that NMFS believes, informed by past experience, increases the likelihood that the fishery will remain open throughout the subperiod and year.
NMFS also took into consideration a recently published proposed rule that would set restricted-fishing days for the General category during the months of July through November 2021 86 FR
25992, May 12, 2021. If finalized, that proposed rule would further increase the likelihood that the fishery would remain open throughout the subperiod and year.
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
635.27a8v and vi. This retention limit would be consistent with established quotas and subquotas, which are implemented consistent with ICCAT recommendations, established in Recommendation 1706 and maintained in Recommendation 2006, 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. This retention limit is 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 subquota 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 this retention limit is consistent with those objectives.
Another principal consideration in setting the retention limit is the objective of providing opportunities to harvest the available General category quota without exceeding the annual quota, based on the objectives of the
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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 635.27a8x.
Given these considerations, NMFS
has determined that a one-fish General category retention limit is warranted for the remainder of the June-August 2021
subquota period. This retention limit would provide a reasonable opportunity to harvest the available U.S. BFT quota including the expected increase in available 2021 quota based on 2020
underharvest, without exceeding it, while maintaining an equitable distribution of fishing opportunities;
help optimize the ability of the General category to harvest its available quota;
allow collection of a broad range of data for stock monitoring purposes; and be consistent with the objectives of the 2006 Consolidated HMS FMP and amendments. Therefore, NMFS
decreases the General category retention limit from three to one large medium or giant BFT per vessel per day/trip, effective July 11, 2021, through August 31, 2021.
Regardless of the duration of a fishing trip, the daily retention limit applies upon landing. For example and specific to the June through August 2021 limit, whether a vessel fishing under the General category retention limit takes a two-day trip or makes two trips in one day, the daily limit of one fish may not be exceeded upon landing. This General category retention limit is effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeting fishing for BFT, and applies to vessels permitted in the General category, as well as to HMS Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT. For information regarding the HMS Charter/Headboat commercial sale endorsement, see 82 FR
57543, December 6, 2017.
Monitoring and Reporting NMFS will actively monitor the BFT
fishery closely. Dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS ability to timely implement actions such as quota and retention limit adjustments, as well as closures, and may result in enforcement actions. Additionally, and separate from the dealer reporting requirement, General and HMS Charter/
Headboat vessel owners are required to report their own catch of all BFT
retained or discarded dead, within 24
hours of the landings or end of each
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