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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations Response: RFDs can slow the rate of General category landings and extend fishing opportunities through a greater portion of the General category timeperiod subquotas. This final rule is not driven by purely economic-related objectives. The primary objective of the final rule is to slow the harvest rate of BFT in order to extend the period of time that the fishery may remain open to provide fishing opportunities longer in the season. The proposed rule did discuss past market conditions and recognized that this action should also help prevent large numbers of BFT from entering the market at the same time, and would potentially alleviate some negative economic impacts experienced by General category and Charter/
Headboat permitted fishermen who could not find buyers for their BFT.
This was not the primary objective of the rule, however. The primary objective of this action is to slow the rate of General category landings to extend fishing opportunities through a greater portion of the subquota periods.
NMFS notes that BFT prices generally increase over the summer and fall period. NMFS acknowledges the unique impacts of COVID19 in 2020; however, NMFS has observed the issues that contribute to the need for this action for several years, and those issues were exacerbated in both 2019 and 2020.
Specifically, over the past several years, landings have been highest from midAugust through November, contributing to derby-like conditions, contributing to market gluts, shortening the time it takes to fill relevant subquotas, and resulting in inseason closures earlier than desired. If NMFS does not take action this year, it is likely these trends would continue. Overall, NMFS
believes that by spreading out fishing effort over a longer period of time, safety-at-sea issues should decrease, as the conditions that encourage derby-like behavior would be diminished. NMFS
recognizes that the weather is unpredictable, particularly in the second half of October and early November, and that poor weather may limit participation without the need for additional RFDs during this part of the season. Should BFT landings and catch rates merit waiving RFDs, NMFS could adjust the daily retention limit on waived days with a minimum 3-day notification to fishermen, by filing such an adjustment in the Federal Register, under 50 CFR 635.23a4.
Comment 2: NMFS received comments both supporting the proposed Tuesday, Friday, and Saturday schedule of RFDs, and opposing the proposed schedule. Some commenters suggested
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modifications to the proposed schedule, including implementing RFDs earlier in June and/or avoiding weekends. One commenter objected to the proposed RFD schedule while also suggesting to start RFDs in September. Some commenters noted that Fridays and Saturdays are the days on which the demand to buy and sell BFT is greatest.
Response: NMFS proposed schedule of RFDs was based on a review of average daily catch rate data for recent years and a review of past years RFD
schedules and how they worked to extend the use of the General category quota. The Tuesday, Friday, and Saturday RFD schedule allows for twoconsecutive-day periods twice each week SundayMonday; Wednesday Thursday for General category and Charter/Headboat permitted vessels with a commercial sale endorsement to fish for and sell BFT. NMFS believes that two-consecutive-day periods twice each week would allow BFT products to move through the market while also allowing some commercial fishing activity to occur each weekend i.e., Sundays. Given that the proposed rule published in May, and the comment period ended on June 11, 2021, NMFS
could not implement RFDs starting June 1, 2021. However, NMFS is establishing RFDs starting in September, when catch and landing rates substantially increase, resulting in General category subquotas being met and closures of applicable General category time-periods.
NMFS recognizes that many General category fishery participants would like to maintain the opportunity to fish and sell on Fridays and weekends. However, NMFS selected Tuesdays, Fridays, and Saturdays based on input from Atlantic tunas dealers, General category participants, and members of the Atlantic HMS Advisory Panel. NMFS
believes that this weekly schedule of RFDs should increase the likelihood of pacing General category landings to extend fishing opportunities through a greater portion of the subquota periods similar to some past RFD schedules that applied in previous fishing years.
It would also allow for two-consecutiveday periods twice each week Sunday Monday; WednesdayThursday for BFT product to move through the market and also allow for some commercial fishing activity each weekend i.e., Sunday.
Comment 3: NMFS received several comments from General category and Charter/Headboat captains expressing support for this action, noting that RFDs allow Charter/Headboat captains the opportunity to sell fish on non-RFD
days and to continue to charter on RFD
days i.e., under the Angling category
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regulations. These captains noted that recreational trips potentially will have higher catch rates as vessels can fish without having to compete with commercial fishing vessels.
Response: As described in the proposed rule, resuming RFDs will allow persons aboard Charter/Headboat permitted vessels with a commercial sale endorsement the opportunity to fish commercially for BFT on non-RFDs and to charter on an RFD under the Angling category restrictions and limits. NMFS
recognizes that the use of RFDs may allow for an increase in recreational catches of BFT on RFDs, but the purpose of this action is to extend the General category BFT fishery for the 2021 fishing year. Although recreational landings may increase on RFDs, Charter/Headboat permitted vessels must abide by established retention limits; thus, NMFS anticipates that recreational landings would remain within the current annual Angling category quota.
Comment 4: NMFS received comments, from both those in support of and opposed to RFDs, regarding the potential negative impacts of RFDs on BFT fishing tournaments. These commenters noted the economic importance of fishing tournaments on local economies and suggested that NMFS exempt participants in registered fishing tournaments from the RFD
restrictions or increase the retention limit i.e., waive RFDs on tournament days.
Response: NMFS acknowledges that RFDs that occur on a tournament date may affect BFT fishing at those tournaments as General category participants are prohibited from fishing for BFT on RFDs. However, on an RFD, General category participants may still participate in non-BFT fishing during the tournament, and may land sharks, swordfish, billfish, bigeye, albacore, yellowfin, and/or skipjack tunas recreationally as otherwise permitted.
Additionally, on an RFD, Charter/
Headboat permitted vessels may participate recreationally in HMS
fishing tournaments, including for BFT, under the applicable Angling category restrictions and retention limits. Under the current regulations, tournament operators are required to register their tournament with NMFS at least four weeks prior to the start of the tournament. As such, NMFS is aware of several fishing tournaments that will likely include BFT that often occur in August through November. Should a tournament change its dates of operation, NMFS encourages tournament operators to contact NMFS
to update the dates for which their
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