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(C) Eighteen swordfish per vessel per retention limit that applies to Highly recommendations have adopted a trip for the Northwest Atlantic region; Migratory Species (HMS) Angling tolerance limit on the annual harvest of and category permitted vessels and HMS BFT measuring less than 115 (D) Eighteen swordfish per vessel per Charter/Headboat vessels (when fishing centimeters (cm) (45.3 inches) (straight trip for the Gulf of Mexico region. recreationally for BFT) should be fork length) to no more than 10 percent (5) NMFS will file with the Office of adjusted for the remainder of 2021, by weight of a Contracting Party’s total the Federal Register for publication based on consideration of the regulatory BFT quota. Any overharvest of such notification of any inseason adjustments determination criteria regarding tolerance limit from one year must be to the default swordfish retention limits inseason adjustments. NMFS is subtracted from the tolerance limit specified at paragraphs (b)(3) and adjusting the Angling category BFT applicable in the next year or the year (b)(4)(iii) of this section. Before making daily retention limit from the default of after that. NMFS implements this any inseason adjustments to swordfish one school, large school, or small provision by limiting the harvest of retention limits, NMFS will consider the medium BFT to: Two school BFT and school BFT (measuring 27 to less than following criteria and other relevant one large school/small medium BFT per 47 inches curved fork length) to 127.3 factors: vessel per day/trip for private vessels metric tons (mt)) annually (10 percent of (i) The usefulness of information with HMS Angling category permits; the U.S. quota) obtained from biological sampling and three school BFT and one large school/ In 2018, NMFS implemented a final monitoring of the North Atlantic small medium BFT per vessel per day/ rule that established the U.S. BFT quota swordfish stock; trip for charter boat vessels with HMS and subquotas consistent with ICCAT (ii) The estimated ability of vessels Charter/Headboat permits when fishing Recommendation 17–06 (83 FR 53191, participating in the fishery to land the recreationally; and six school BFT and October 11, 2018). In 2020, following a amount of swordfish quota available two large school/small medium BFT per stock assessment update, ICCAT before the end of the fishing year; vessel per day/trip for headboat vessels adopted Recommendation 20–06, which (iii) The estimated amounts by which with HMS Charter/Headboat permits maintained the overall total allowable quotas for other categories of the fishery when fishing recreationally. These catch of 2,350 mt and the associated might be exceeded; retention limits are effective in all areas, U.S. quota. As such, as described in (iv) Effects of the adjustment on except for the Gulf of Mexico, where § 635.27(a), the current baseline U.S. accomplishing the objectives of the targeted fishing for BFT is prohibited. quota continues to be 1,247.86 mt (not fishery management plan and its DATES: Effective May 2, 2021 through including the 25-mt ICCAT allocated to amendments; December 31, 2021. the United States to account for bycatch (v) Variations in seasonal distribution, FOR FURTHER INFORMATION CONTACT: of BFT in pelagic longline fisheries in abundance, or migration patterns of Larry Redd, Jr., [email protected], the Northeast Distant Gear Restricted swordfish; 301–427–8503, Nicholas Velseboer, Area). The Angling category quota (vi) Effects of catch rates in one region [email protected], 978–675– continues to be 232.4 mt (127.3 mt for precluding vessels in another region 2168, or Lauren Latchford, school BFT, 99.8 mt for large school/ from having a reasonable opportunity to [email protected], 301–427– small medium BFT, and 5.3 mt for large harvest a portion of the overall 8503. medium/giant BFT). swordfish quota; and SUPPLEMENTARY INFORMATION: The Angling category season opened (vii) Review of dealer reports, landing Atlantic HMS fisheries, including BFT fisheries, on January 1, 2021, and continues trends, and the availability of swordfish through December 31, 2021. The size on the fishing grounds. are managed under the authority of the Atlantic Tunas Convention Act (ATCA; classes of BFT are summarized in Table * * * * * 16 U.S.C. 971 et seq.) and the 1. Large school and small medium BFT [FR Doc. 2021–08814 Filed 4–29–21; 8:45 am] Magnuson-Stevens Fishery traditionally have been managed as one BILLING CODE 3510–22–P Conservation and Management Act size class, i.e., a limit of one large (Magnuson-Stevens Act; 16 U.S.C. 1801 school/small medium BFT (measuring 47 to less than 73 inches). Similarly, DEPARTMENT OF COMMERCE et seq.). The 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) large medium and giant BFT traditionally have been managed as one National Oceanic and Atmospheric and its amendments are implemented size class that is also known as the Administration by regulations at 50 CFR part 635. Section 635.27 divides the U.S. BFT ‘‘trophy’’ class. Currently, the default Angling category daily retention limit of 50 CFR Part 635 quota recommended by the International Commission for the one school, large school, or small [Docket No. 180117042–8884–02; RTID Conservation of Atlantic Tunas (ICCAT) medium BFT is in effect and applies to 0648–XB018] and as implemented by the United HMS Angling category and HMS States among the various domestic Charter/Headboat permitted vessels Atlantic Highly Migratory Species; (when fishing recreationally for BFT) Atlantic Bluefin Tuna Fisheries fishing categories, per the allocations established in the 2006 Consolidated (§ 635.23(b)(2)). AGENCY: National Marine Fisheries Atlantic HMS FMP and its amendments. As defined at § 600.10, ‘‘charter boat’’ Service (NMFS), National Oceanic and NMFS is required under the MSA to means a vessel less than 100 gross tons Atmospheric Administration (NOAA), provide U.S. fishing vessels with a (90.8 mt) that meets the requirements of Commerce. reasonable opportunity to harvest the U.S. Coast Guard to carry six or ACTION: Temporary rule; inseason quotas under relevant international fewer passengers for hire (i.e., Angling category retention limit fishery agreements such as the ICCAT uninspected) and ‘‘headboat’’ means a adjustment. Convention, which is implemented vessel that holds a valid Certificate of domestically pursuant to ATCA. Inspection issued by the U.S. Coast SUMMARY: NMFS has determined that As a method for limiting fishing Guard to carry passengers for hire (i.e., the Atlantic bluefin tuna (BFT) daily mortality on juvenile BFT, ICCAT greater than six).

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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 retention limit information for 2019 and quota, subquotas, landings, 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 subquotas Subquotas subquotas and total Landings and total and total Landings and total quota (mt) quota used quota (mt) quota used (mt) (percent) (mt) (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 January 1 through May 1: 1 school, large school, school, or small medium (default) or small medium (default). May 11 through December 31: (84 FR 20296, May 2 through December 31: (85 FR 26365, May May 9, 2019) 4, 2020). Private boats: 2 school and 1 large school/small Private boats: 2 school and 1 large school/small medium medium. Charter boats: 3 school and 1 large school/small Charter boats: 3 school and 1 large school/small medium medium. Headboats: 6 school and 2 large school/small Headboats: 6 school and 2 large school/small medium medium.

Adjustment of Angling Category Daily opportunity to land BFT would support with established quotas and subquotas, Retention Limit the continued collection of a broad which are implemented consistent with range of data for these studies and for ICCAT recommendations, (established Under § 635.23(b)(3), NMFS may stock monitoring purposes. in Recommendation 17–06 and increase or decrease the Angling NMFS also considered the catches of maintained in Recommendation 20–06), category retention limit for any size the Angling category quota to date and ATCA, and the objectives of the 2006 class of BFT after considering regulatory the likelihood of closure of that segment Consolidated HMS FMP and determination criteria under of the fishery if no adjustment is made amendments. In establishing these § 635.27(a)(8). Also under § 635.23(b)(3), (§ 635.27(a)(8)(ii)). Additionally, NMFS quotas and subquotas and associated recreational retention limits may be considered Angling category landings in management measures, ICCAT and adjusted separately for specific vessel 2019 and 2020, which were NMFS considered the best scientific type, such as private vessels, headboats, approximately 78 percent and 87 information available, objectives for or charter boats. percent of the 232.4-mt annual Angling stock management and status, and NMFS has considered all of the category quota, respectively, including effects on the stock. These retention relevant determination criteria and their landings of 56 percent and 64 percent of limits are in keeping with those applicability to the change in the the available school BFT quota, established quotas and management Angling category retention limit. The respectively, under the same daily measures. It is also important that criteria and their application are retention limits as implemented in this NMFS limit landings to the subquotas discussed below. action. Thus, absent retention limit both to adhere to the FMP quota Regarding the usefulness of adjustment, NMFS anticipates that the allocations and to ensure that landings information obtained from catches in full 2021 Angling category quota would are as consistent as possible with the the particular category for biological not be harvested under the default pattern of fishing mortality (e.g., fish sampling and monitoring of the status of retention limit. caught at each age) that was assumed in the stock (§ 635.27(a)(8)(i)), biological NMFS also considered the effects of the latest stock assessment, and these samples collected from BFT landed by the adjustment on the BFT stock and the retention limits are consistent with recreational fishermen continue to effects of the adjustment on those objectives. provide NMFS with valuable parts and accomplishing the objectives of the 2006 Another principal consideration in data for ongoing scientific studies of Consolidated HMS FMP setting the retention limit is the BFT age and growth, migration, and (§ 635.27(a)(8)(v) and (vi)). These objective of providing opportunities to reproductive status. Additional retention limits would be consistent harvest the available Angling category

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quota without exceeding the annual category permits, this action adjusts the geographic areas. If needed, subsequent quota, based on the objectives of the limit upwards to two school BFT and adjustments will be published in the 2006 Consolidated HMS FMP and one large school/small medium BFT per Federal Register. In addition, fishermen amendments, including to achieve vessel per day/trip (i.e., two BFT may call the Atlantic Tunas Information optimum yield on a continuing basis measuring 27 to less than 47 inches, and Line at (978) 281–9260, or access and to optimize the ability of all permit one BFT measuring 47 to less than 73 hmspermits.noaa.gov, for updates on categories to harvest available BFT inches). For charter boat vessels with quota monitoring and inseason quota allocations (related to HMS Charter/Headboat permits, this adjustments. § 635.27(a)(8)(x)). action adjusts the limit upwards to three HMS Angling category and HMS NMFS considered input on school BFT and one large school/small Charter/Headboat permit holders may recreational limits from the HMS medium BFT per vessel per day/trip catch and release (or tag and release) Advisory Panel at its May and when fishing recreationally for BFT (i.e., BFT of all sizes, subject to the September 2020 meetings and that three BFT measuring 27 to less than 47 requirements of the catch-and-release ICCAT recommendations and HMS inches, and one BFT measuring 47 to and tag-and-release programs at implementing regulations limit the less than 73 inches). For headboat § 635.26. All BFT that are released must allowance for landings of school bluefin vessels with HMS Charter/Headboat be handled in a manner that will tuna to ten percent of the U.S. baseline permits, this action adjusts the limit maximize their survival, and without quota (i.e., 127.3 mt). The 2020 school upwards to six school BFT and two removing the fish from the water, BFT landings represented large school/small medium BFT per consistent with requirements at approximately 6 percent of the total U.S. vessel per day/trip when fishing § 635.21(a)(1). For additional quota for 2020, well under the ICCAT recreationally for BFT (i.e., three BFT information on safe handling, see the recommended 10-percent limit. NMFS measuring 27 to less than 47 inches, and ‘‘Careful Catch and Release’’ brochure is not setting higher school BFT limits one BFT measuring 47 to less than 73 available at https:// than the adjustments listed in Table 1 inches). Regardless of the duration of a www.fisheries.noaa.gov/resource/ due to the potential risk of exceeding fishing trip, the daily retention limit outreach-and-education/careful-catch- the ICCAT tolerance limit on school applies upon landing. For example, and-release-brochure. BFT and other considerations, such as whether a private vessel (fishing under Classification potential effort shifts to BFT fishing as the Angling category retention limit) a result of current recreational retention takes a two-day trip or makes two trips The Assistant Administrator for limits for New England groundfish and in one day, the day/trip limit of two NMFS (AA) finds that it is impracticable striped bass as well as high variability school BFT and one large school/small and contrary to the public interest to in bluefin tuna availability. medium BFT applies and may not be provide prior notice of, and an Given that the Angling category exceeded upon landing. This action opportunity for public comment on, this landings fell short of the available quota does not change the retention limit for action for the following reasons: in 2019 and 2020, even with the trophy size BFT. The regulations implementing the retention limit adjustments, and NMFS anticipates that the BFT daily 2006 Consolidated HMS FMP and considering the regulatory criteria retention limits in this action will result amendments provide for inseason above, NMFS has determined that the in landings during 2021 that would not retention limit adjustments to respond Angling category retention limits exceed the available subquotas. Lower to the unpredictable nature of BFT applicable to participants in the HMS retention limits could result in availability on the fishing grounds, the Angling category and HMS Charter/ substantial underharvest of the codified migratory nature of this species, and the Headboat permitted vessels should be Angling category subquota, and regional variations in the BFT fishery. adjusted upwards from the default increasing the daily limits further may Affording prior notice and opportunity levels. risk exceeding the available quota, for public comment to implement the NMFS has also concluded that contrary to the objectives of the 2006 daily retention limit for the remainder implementation of separate limits for Consolidated HMS FMP and of 2021 at this time is impracticable. private, charter boat, and headboat amendments. Based on available BFT quotas, fishery vessels is appropriate, recognizing the performance in recent years, and the different nature, socio-economic needs, Monitoring and Reporting availability of BFT on the fishing and recent landings results of the two NMFS will continue to monitor the grounds, immediate adjustment to the components of the recreational BFT BFT fisheries closely through the Angling category BFT daily retention fishery. For example, charter operators mandatory landings and catch reports. limit from the default levels is historically have indicated that a HMS Angling category and HMS warranted to allow fishermen to take retention limit greater than the default Charter/Headboat permitted vessel advantage of the availability of fish and limit of one fish is vital to their ability owners are required to report the catch of quota. NMFS could not have to attract customers. In addition, Large of all BFT retained or discarded dead, proposed these actions earlier, as it Pelagics Survey estimates indicate that within 24 hours of the landing(s) or end needed to consider and respond to charter/headboat BFT landings averaged of each trip, by accessing updated data and information from the 24 percent of recent recreational hmspermits.noaa.gov, using the HMS 2020 Angling category. If NMFS was to landings for 2019 through 2020, with Catch Reporting app, or calling (888) offer a public comment period now, the remaining 76 percent landed by 872–8862 (Monday through Friday from after having appropriately considered private vessels. NMFS has further 8 a.m. until 4:30 p.m.). Depending on that data, it could preclude fishermen concluded that a higher limit for the level of fishing effort and catch rates from harvesting BFT that are legally headboats (than charter boats) is of BFT, NMFS may determine that available consistent with all of the appropriate, given the limited number additional retention limit adjustments regulatory criteria, and/or could result of headboats participating in the bluefin or closures are necessary to ensure in selection of a retention limit tuna fishery. available quota is not exceeded or to inappropriately high or low for the Given these considerations, for enhance scientific data collection from, amount of quota available for the private vessels with HMS Angling and fishing opportunities in, all period.

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Fisheries under the Angling category ACTION: Final rule. sector. Sectors are self-selecting, daily retention limit are currently meaning each sector can choose its underway and thus prior notice would SUMMARY: This final rule approves members. be contrary to the public interest. Delays sector operations plans and contracts, The Northeast multispecies sector in increasing daily recreational BFT grants 19 regulatory exemptions for management system allocates a portion retention limit would adversely affect fishing years 2021 and 2022, allocates of the Northeast multispecies stocks to those HMS Angling category and HMS Northeast multispecies annual catch each sector. These annual sector Charter/Headboat vessels that would entitlements to approved sectors for allocations are known as annual catch otherwise have an opportunity to fishing year 2021 including default entitlements (ACE) and are based on the harvest more than the default retention specifications for seven stocks, and collective fishing history of a sector’s limit of one school, large school, or makes regulatory amendments members. Sectors may receive small medium BFT per day/trip and necessary to administer electronic allocations of large-mesh Northeast may exacerbate the problem of low monitoring. This action is intended to multispecies stocks with the exception catch rates and quota rollovers. Analysis allow limited access permit holders to of Atlantic halibut, windowpane of available data shows that adjustment continue to operate or form sectors and flounder, Atlantic wolffish, and ocean to the BFT daily retention limit from the to exempt sectors from certain effort pout, which are non-allocated species default level would result in minimal control regulations to improve the managed under separate effort controls. risks of exceeding the ICCAT-allocated efficiency and economics of sector ACEs are portions of a stock’s annual quota. NMFS provides notification of vessels. Approval of sector operations catch limit (ACL) available to retention limit adjustments by plans and contracts is necessary to commercial Northeast multispecies publishing the notice in the Federal allocate annual catch entitlements to the vessels. A sector determines how to Register, emailing individuals who have sectors in order for sectors to operate. harvest its ACE. subscribed to the Atlantic HMS News DATES: Sector operations plans and Because sectors elect to receive an electronic newsletter, and updating the regulatory exemptions are effective May allocation under a quota-based system, information posted on the Atlantic 1, 2021, through April 30, 2023. the FMP grants sector vessels several Tunas Information Line and on Northeast multispecies annual catch ‘‘universal’’ exemptions from the FMP’s hmspermits.noaa.gov. Therefore, the AA entitlements for sectors are effective effort controls. These universal finds good cause under 5 U.S.C. May 1, 2021, through April 30, 2022. exemptions apply to: Trip limits on allocated stocks; Northeast multispecies 553(b)(B) to waive prior notice and the ADDRESSES: Copies of each sector’s opportunity for public comment. For all operations plan and contract are days-at-sea (DAS) restrictions; the requirement to use a 6.5-inch (16.5- of the above reasons, there is good cause available from the NMFS Greater centimeters (cm)) mesh codend when under 5 U.S.C. 553(d) to waive the 30- Atlantic Regional Fisheries Office: fishing with selective gear on Georges day delay in effectiveness. Contact Claire Fitz-Gerald at Claire.Fitz- Bank (GB); and portions of the Gulf of This action is being taken under [email protected] and Kyle Molton at Maine (GOM) Cod Protection Closures. § 635.23(b)(3), and is exempt from [email protected]. These The FMP prohibits sectors from review under Executive Order 12866. documents are also accessible via the requesting exemptions from permitting GARFO website. To view these Authority: 16 U.S.C. 971 et seq. and 1801 restrictions, gear restrictions designed to et seq. documents and the Federal Register minimize habitat impacts, and most documents referenced in this rule, you Dated: April 27, 2021. reporting requirements. Jennifer M. Wallace, can visit: https:// In addition to the approved sectors, Acting Director, Office of Sustainable www.fisheries.noaa.gov/management- there are several state-operated permit Fisheries, National Marine Fisheries Service. plan/northeast-multispecies- banks, which receive allocations based [FR Doc. 2021–09111 Filed 4–29–21; 8:45 am] management-plan. on the history of the permits owned by BILLING CODE 3510–22–P FOR FURTHER INFORMATION CONTACT: the states. The final rule implementing Claire Fitz-Gerald, Fishery Policy Amendment 17 to the FMP allowed a Analyst, (978) 281–9255. state-operated permit bank to receive an DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: allocation without needing to comply with the administrative and procedural Background National Oceanic and Atmospheric requirements for sectors (77 FR 16942; Administration The Northeast Multispecies Fishery March 23, 2012). Instead, permit banks Management Plan (FMP) defines a are required to submit a list of 50 CFR Part 648 sector as a group of persons holding participating permits to us, as specified [Docket No. 210426–0089] limited access Northeast multispecies in the permit bank’s Memorandum of permits that have voluntarily entered Agreement, to determine the ACE RIN 0648–BK26 into a contract and agree to certain allocated to the permit bank. These Magnuson-Stevens Act Provisions; fishing restrictions for a specified period allocations may be leased to fishermen Fisheries of the Northeastern United of time, and which has been granted a enrolled in sectors. State-operated States; Northeast Multispecies portion of the total allowable catch permit banks are no longer approved Fishery; Approval of 2021 and 2022 (TAC) in order to achieve objectives through the sector approval process, but Sector Operations Plans and consistent with applicable FMP goals current state-operated permit banks Allocation of 2021 Northeast and objectives. A sector must be contribute to the total allocation under Multispecies Annual Catch comprised of at least three Northeast the sector system. Entitlements multispecies permits issued to at least We received operations plans and three different persons, none of whom preliminary contracts for fishing years AGENCY: National Marine Fisheries have any common ownership interest in 2021 and 2022 from 16 sectors. The Service (NMFS), National Oceanic and the permits, vessels, or businesses operations plans included 19 Atmospheric Administration (NOAA), associated with the permits issued to exemptions previously requested by Commerce. the other two or more persons in that sectors, and approved by NMFS, in

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