Rule2021-20799
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 24, 2021
Effective
September 23, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) Atlantic bluefin tuna (BFT) for the September subquota time period until the General category reopens on October 1, 2021. Given that the General category September subquota will be closed by this action through the end of September, NMFS is also waiving previously- designated restricted-fishing days (RFDs) for the rest of September. The fishery will reopen on October 1, 2021, and the previously- designated RFDs will resume on October 1, 2021. This action applies to Atlantic Tunas General category (commercial) permitted vessels and HMS Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT.
Full Text
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<title>Federal Register, Volume 86 Issue 183 (Friday, September 24, 2021)</title>
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[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Rules and Regulations]
[Pages 53010-53011]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20799]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RTID 0648-XB417
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure of the Atlantic bluefin tuna General
category September fishery for 2021.
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SUMMARY: NMFS closes the General category fishery for large medium and
giant (i.e., measuring 73 inches (185 cm) curved fork length or
greater) Atlantic bluefin tuna (BFT) for the September subquota time
period until the General category reopens on October 1, 2021. Given
that the General category September subquota will be closed by this
action through the end of September, NMFS is also waiving previously-
designated restricted-fishing days (RFDs) for the rest of September.
The fishery will reopen on October 1, 2021, and the previously-
designated RFDs will resume on October 1, 2021. This action applies to
Atlantic Tunas General category (commercial) permitted vessels and HMS
Charter/Headboat permitted vessels with a commercial sale endorsement
when fishing commercially for BFT.
DATES: Effective 11:30 p.m., local time, September 23, 2021, through
September 30, 2021.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., 301-427-8503,
Nicholas Velseboer, 978-281-9260, or Lauren Latchford, 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT
fisheries, are managed under the authority of the Atlantic Tunas
Convention Act (ATCA; 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 (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. NMFS
is required under the Magnuson-Stevens Act to provide U.S. fishing
vessels with a reasonable opportunity to harvest quotas under relevant
international fishery agreements such as the ICCAT Convention, which is
implemented domestically pursuant to ATCA.
Under Sec. 635.28(a)(1), NMFS files a closure action with the
Office of the Federal Register for publication when a BFT quota (or
subquota) is reached or is projected to be reached. Retaining,
possessing, or landing BFT under that quota category is prohibited on
or after the effective date and time of a closure notice for that
category until the opening of the relevant subsequent quota period or
until such date as specified.
Closure of the September 2021 General Category Fishery
The 2021 baseline quota for the General category is 555.7 mt. The
General category baseline subquota for the September time period is
147.3 mt. NMFS recently increased the September subquota to 207.3 mt
through an inseason quota transfer (86 FR 51016, September 14, 2021).
This transfer provided additional quota for the September time period
and also addressed an 53.8 mt overharvest from previous time-period
subquotas.
As of September 21, 2021, reported landings for the General
category September subquota time-period total approximately 161.6 mt.
Based on these landings data, as well as average catch rates and
anticipated fishing conditions, NMFS projects the adjusted September
2021 subquota of 207.3 mt will be reached shortly. Therefore,
retaining, possessing, or landing large medium or giant (i.e.,
measuring 73 inches (185 cm) curved fork length or greater) BFT by
persons aboard vessels permitted in the Atlantic Tunas General category
and HMS Charter/Headboat permitted vessels (while fishing commercially)
must cease at 11:30 p.m. local time on September 23, 2021. The General
category will automatically reopen October 1, 2021, for the October
through November 2021 subquota time-period. This action applies to
Atlantic Tunas General category (commercial) permitted vessels and HMS
Charter/Headboat permitted vessels with a commercial sale endorsement
when fishing commercially for BFT, and is taken consistent with the
regulations at Sec. 635.28(a)(1). The intent of this closure is to
prevent overharvest of the available September subquota.
[[Page 53011]]
Adjustment of Daily Retention Limit for Selected Dates
On August 9, 2021 (86 FR 43421), NMFS published a final rule
implementing RFDs every Tuesday, Friday, and Saturday through November
30, 2021. Because the fishery will be closed for the remainder of
September, NMFS has decided to waive the previously-scheduled RFDs for
the rest of September. RFDs will resume on October 1, 2021.
With the RFDs waived during the closure, consistent with Sec.
635.23(a)(4), fishermen aboard General category permitted vessels and
HMS Charter/Headboat permitted vessels may tag and release BFT of all
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs at Sec. 635.26. All BFT that are released must be
handled in a manner that will maximize their survival, and without
removing the fish from the water, consistent with requirements at Sec.
635.21(a)(1). For additional information on safe handling, see the
``Careful Catch and Release'' brochure available at <a href="https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/">https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/</a>.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries 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 adjustment,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
General and HMS Charter/Headboat category vessel owners are required to
report the catch of all BFT retained or discarded dead within 24 hours
of the landing(s) or end of each trip, by accessing
<a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a>, using the HMS Catch Reporting app, or calling
(888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.).
After the fishery re-opens on October 1, depending on the level of
fishing effort and catch rates of BFT, NMFS may determine that
additional adjustments are necessary to ensure available subquotas are
not exceeded or to enhance scientific data collection from, and fishing
opportunities in, all geographic areas. If needed, subsequent
adjustments will be published in the Federal Register. In addition,
fishermen may call the Atlantic Tunas Information Line at (978) 281-
9260, or access <a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a>, for updates on quota monitoring
and inseason adjustments.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is taken pursuant to 50 CFR part 635, which
was issued pursuant to section 304(c), and is exempt from review under
Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), there is good cause to waive prior notice of, and an
opportunity for public comment on, this action for the following
reasons:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason retention limit adjustments to respond
to the unpredictable nature of BFT availability on the fishing grounds,
the migratory nature of this species, and the regional variations in
the BFT fishery. This fishery is currently underway and delaying this
action would be contrary to the public interest as it could result in
BFT landings exceeding the adjusted September 2021 General category
quota. For all of the above reasons, there is good cause under 5 U.S.C.
553(d) to waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: September 21, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-20799 Filed 9-21-21; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 24, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.