Rule2022-03236
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
February 15, 2022
Effective
February 11, 2022
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 January through March 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.
Full Text
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<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8432-8433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03236]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XB796]
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 General category January through
March fishery for 2022.
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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 January through March
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.
DATES: Effective 11:30 p.m., local time, February 11, 2022, through May
31, 2022.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#d5b9b4a7a7acfba7b0b1b195bbbab4b4fbb2baa3"><span class="__cf_email__" data-cfemail="a8c4c9dadad186dacdcccce8c6c7c9c986cfc7de">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#701e1913181f1c11035e06151c03121f1502301e1f11115e171f06"><span class="__cf_email__" data-cfemail="3c52555f5453505d4f124a59504f5e53594e7c52535d5d125b534a">[email protected]</span></a>, 978-281-
9260, or Thomas Warren, <a href="/cdn-cgi/l/email-protection#1b6f7374767a68356c7a69697e755b75747a7a357c746d"><span class="__cf_email__" data-cfemail="fc889493919d8fd28b9d8e8e9992bc92939d9dd29b938a">[email protected]</span></a>, 978-281-9347.
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 notice 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
and after the effective date and time of a closure notice for that
category, for the remainder of the fishing year, until the opening of
the subsequent quota period or until such date as specified.
The 2022 baseline quota for the General category is 555.7 mt. The
General category baseline subquota for the January through March time
period is 29.5 mt. As a result of two adjustments, the adjusted
subquota for the January through March time period is 75 mt (86 FR
72857, December 23, 2021; 87 FR 5737, February 2, 2022).
Closure of the January Through March 2022 General Category Fishery
As of February 10, 2022, reported landings for the General category
January through March subquota time period total approximately 63.1 mt.
Based on these landings data, as well as average catch rates and
anticipated fishing conditions, NMFS projects the adjusted January
through March 2022 subquota of 75 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 February 11, 2022.
The General category will automatically reopen June 1, 2022, for the
June through August 2022 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 January through March subquota.
Fishermen aboard General category permitted vessels and HMS
Charter/Headboat permitted vessels may catch-and-release and 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.).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for NMFS finds that it is impracticable
and contrary to the public interest to provide 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 its
amendments provide for inseason adjustments and fishery closures to
[[Page 8433]]
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 General category adjusted
January through March 2022 subquota, which could result in the need to
reduce quota for the General category later in the year and thus could
affect later fishing opportunities. Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment. 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: February 10, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-03236 Filed 2-10-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 15, 2022.
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