The letter, addressed to the executive secretary of the International Commission for the Conservation of Atlantic Tunas (ICCAT), was short. Dated January 27, 2026, it read:
This letter is to acknowledge that the Western Bluefin Recommendation 22-10 does not require Western harvesters to count their recreational catch of Bluefin toward their quota. As such, beginning January 1, 2026 and henceforth, the United States will continue to report its recreational catch for management purposes but will not count its recreational catch toward its current quota of 1572 mt, which will be solely allocated to its commercial catch.
It was signed by Andrew “Drew” Lawler, Principal Deputy Assistant Secretary, NOAA International Fisheries.
In those few lines, the United States had effectively
announced that it intended to exceed its 2026 Atlantic bluefin tuna quota, as
established by ICCAT, by about 341 metric tons (751,776 pounds), 22.6%
of its 2026 bluefin quota.
There seems to be no legal basis for the United States’
action.
ICCAT’s Recommendation
22-10 states that “an annual [total allowable catch], inclusive of
dead discards, of 2,726 [metric tons] is established for 2023, 2024, and
2025…” Recommendation
25-05, adopted at ICCAT’s 2025 annual meeting (and probably the
recommendation that Mr. Lawler should have referenced in his letter), employed
similar language, but raised the total allowable catch for the years 2026-2029
to 3,081.6 metric tons, and increased the United States’ quota to 1,509.98
metric tons.
Nothing in either recommendation suggested that ICCAT
intended to establish a total allowable catch for Western Atlantic bluefin tuna
which included dead discards, but excluded all bluefin killed in the United
States’ recreational fishery.
To the extent that the recommendations address the
recreational fishery for bluefin tuna at all, it is only to require that
“[Contracting Parties and Cooperating non-Contracting Parties, Entities, and
Fishing Entities (CPCs)] shall prohibit fishermen from selling or offering for
sale recreationally harvested fish of any size,” and “CPCs will encourage their
commercial and recreational fishermen to tag and release all fish less than 30
kg or, in the alternative, having a fork length less than 115 cm and report on
steps taken in this regard in their Annual Report.”
Recreationally-caught bluefin were thus clearly governed by
the recommendations, and since the only mention of “commercial” fishermen in
either recommendation was in the previously quoted sentence relating to tagging
and releasing small fish, there seems to be no textual support for the United
States’ argument that Recommendation 22-10 required it to count only
commercial, and not recreational, landings against its quota. That matters,
because in ICCAT’s parlance, a “recommendation” is not merely a suggestion that
a Contracting Party take a particular action. It is a mandatory fishery
management measure that all Contracting Parties must adopt.
Other ICCAT members have taken strong exception to the
United States’ position.
In a
letter to ICCAT’s executive secretary, dated February 11, 2026, Mark
Waddell, Canada’s Head of Delegation to ICCAT, wrote,
Canada does not have the same interpretation as the United
States of Recommendation 22-10, which is replaced by Recommendation 25-05.
Canada’s interpretation is that catches from recreational fisheries shall count
against a CPC’s annual allocation. When the western Bluefin measure grants
differential treatment to recreational fisheries, it does so explicitly, as is
the case in paragraph 11 of Recommendation 25-05 [which prohibits the sale of
recreationally-caught fish]. Therefore, short of an explicit exemption for
recreational fisheries in allocation-related provisions, the measure cannot be
interpreted as excluding recreational catches from the annual [total allowable
catch] set out in the measure…
There is nothing in the western BFT Recommendation (22-10 nor
25-05) that would allow some types of fishing mortality (commercial) to apply
to a CPC’s allocations of the [total allowable catch] while allowing other
types of fishing mortality (recreational) to be excluded from compliance
totals…
In developing the management procedure, the [management
strategy evaluation] assumed the total fishing mortality for Atlantic bluefin
tuna would reflect all sources of mortality, whether commercial or
recreational, landed or discarded. Not accounting for the significant mortality
arising from recreational fisheries would be outside the framework of the
management procedure and would invalidate all of the testing results provided
during the [management strategy evaluation]…
The European Union took a similar position, in a
February 23, 2026 letter which stated, in part,
The EU would like to recall that the annual Total Allowable
Catch (TAC) was determined based on a Management Procedure that considers the
total fishing mortality of Western Atlantic bluefin tuna, encompassing removals
from recreational fisheries as well, and represents the maximum amount of
fishing mortality that can be applied each year…
Should the US not account for recreational catches within the
bluefin tuna quota it has been attributed, the EU is of the position that:
–Exceptional circumstances would occur for the Western stock
and that would require the [Standing Committee on Research and Statistics] to
evaluate whether a change in the advice is necessary and could lead to a
situation where ICCAT would have an obligation to adjust the TAC for the
Western stock.
–The US would be bound to pay back next year any bluefin tuna
caught in excess of its quota this year…
Japan also submitted
an objection on February 23, arguing that
the management procedure was developed based on the total
fishing mortality for Atlantic bluefin tuna by taking into account all sources
of removals, including both commercial and recreational fisheries. Counting no
recreational catches against the national annual quota is therefore
inconsistent with the scientific assumptions underpinning the stock assessment
and the Management Procedure agreed to by the ICCAT. Also, there is no specific
text in the Recommendation that excludes recreational catches from the national
catch amount, which shall be within the quota.
In the past several years, United States’ recreational
catches of Western Atlantic bluefin tuna reached over 200 metric tons, and was
451 metric tons in 2024. Exclusion of such amount of recreational catches from
the catch amount against the quota may result in actual removals exceeding the
level assumed under the management framework. Such a situation would trigger
conditions comparable to those envisaged under the [exceptional circumstances]
provisions of the Management Procedure. The fishing mortality would deviate
substantially from the assumptions on which the Management Procedure is based
and provide adverse impacts on the stock.
If the total catch of the United States including
recreational catches exceeds its quota, the amount of overharvest shall be
deducted from the next year’s quota in accordance with paragraph 8 b) of
Recommendation 25-05…
The environmental community in the United States has also
challenged the nation’s new position on recreational Atlantic bluefin landings,
with three organizations — Earthjustice, Wild Oceans, and the Safina Center —
sending a
joint letter to Mr. Lawler outlining their objections. While much of
that letter reiterates points already made in the documents quoted above, the
environmental groups also question whether NOAA Fisheries could legally alter
its past practice of counting recreational landings against the United States’
bluefin quota without first going through a formal rulemaking process as
described in the federal Administrative
Procedures Act, something that was not done prior to Mr. Lawler sending his
letter to ICCAT, although it is likely that such a rulemaking process will be
initiated in the near future.
The joint letter also noted that the failure to count
recreational bluefin landings against the quota could have real, adverse
impacts on the United States’ bluefin fisheries.
In addition to the significant conservation concerns
associated with exceeding the ICCAT quota, this action could also have serious
commercial ramifications. Exceeding the ICCAT quota triggers a payback
requirement in subsequent years, as high as 125% if the quota is exceeded in
two or more consecutive years. And by violating ICCAT terms and agreements
regarding catch accounting, this action could subject U.S. commercial fishermen
to trade penalties that would prevent them from exporting the bluefin they catch.
So far, neither objections from other fishing nations nor
the threat of ICCAT sanctions have dissuaded NOAA Fisheries from leaving
recreational bluefin landings out of its 2026 quota calculations. An ICCAT
panel that met early in March 2026 had the issue on its agenda, but the report
of that meeting has not yet been released.
Unless NOAA Fisheries has a belated change of heart and
returns to counting recreational landings against the United States’ Atlantic
bluefin quota, it is likely that such quota will be exceeded, probably by a
substantial amount. The United States’ action could also threaten ICCAT’s
ability to effectively manage highly migratory species, for if the United
States can ignore an ICCAT recommendation with impunity, then other contracting
parties may well become reluctant to comply with recommendations that negatively
impact those parties’ fisheries.
An even greater threat could emerge should the United
States, by omitting recreational landings from its bluefin quota, end up
substantially exceeding that quota. In that situation, should ICCAT impose the
appropriate sanctions, it is very possible that the current U.S.
administration, in a fit of pique, would respond by pulling out of the
underlying treaty. While such unilateral executive action would probably run
afoul of the Atlantic
Tunas Convention Act, which states that “The Secretary [of Commerce] as
authorized and directed to administer and enforce all
of the provisions of the [emphasis added]” treaty which created ICCAT and its
management authority, the administration might not pay much regard to such
legal niceties.
And should the United States, the predominant tuna fishing
nation in the western Atlantic, withdraw from ICCAT, it would cripple the
international management of highly migratory species like bluefin tuna and
tempt other parties to fish outside of the ICCAT framework.
Hopefully, things won’t get to that point.
Hopefully, perhaps after encountering significant resistance
during the rulemaking process, NOAA Fisheries will reverse course and continue
to count recreational bluefin landings against the United States quota.
While the ICCAT process has sometimes been flawed, for the
past 50 years the Commission has served to coordinate international management
of not only Atlantic bluefin tuna, but also of other tunas, swordfish, marlin,
and some sharks, including the depleted shortfin mako. It has had some notable
successes in the recovery of bluefin tuna and swordfish populations, while
still having much work to do to rebuild and effectively manage other species.
But, even with that work yet undone, ICCAT has, on balance, had a very positive
impact on highly migratory fisheries management in the Atlantic.
Both highly migratory species and the Atlantic fishing
nations would suffer should ICCAT’s impact be lessened by the ill-considered
actions of the United States or other contracting party.
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This essay first appeared in “From the Waterfront,” the blog
of the Marine Fish Conservation Network, which can be found at http://conservefish.org/blog/