Rule2022-10852
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
May 20, 2022
Effective
May 17, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Angling category Gulf of Mexico area incidental fishery for large medium and giant ("trophy" (i.e., measuring 73 inches (185 cm) curved fork length or greater)) Atlantic bluefin tuna (BFT). This action applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels. This action is necessary because landings data indicate the Angling category Gulf of Mexico incidental trophy BFT subquota of 1.8 mt has been reached and exceeded.
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30838-30839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10852]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XB937]
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.
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SUMMARY: NMFS closes the Angling category Gulf of Mexico area
incidental fishery for large medium and giant (``trophy'' (i.e.,
measuring 73 inches (185 cm) curved fork length or greater)) Atlantic
bluefin tuna (BFT). This action applies to Highly Migratory Species
(HMS) Angling and HMS Charter/Headboat permitted vessels. This action
is necessary because landings data indicate the Angling category Gulf
of Mexico incidental trophy BFT subquota of 1.8 mt has been reached and
exceeded.
DATES: Effective 11:30 p.m., local time, May 17, 2022, through December
31, 2022.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#95f9f4e7e7ecbbe7f0f1f1d5fbfaf4f4bbf2fae3"><span class="__cf_email__" data-cfemail="5935382b2b20772b3c3d3d1937363838773e362f">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#1f71767c7770737e6c31697a736c7d707a6d5f71707e7e31787069"><span class="__cf_email__" data-cfemail="caa4a3a9a2a5a6abb9e4bcafa6b9a8a5afb88aa4a5ababe4ada5bc">[email protected]</span></a>, 978-281-
9260, or Thomas Warren, <a href="/cdn-cgi/l/email-protection#92e6fafdfff3e1bce5f3e0e0f7fcd2fcfdf3f3bcf5fde4"><span class="__cf_email__" data-cfemail="e6928e898b8795c8918794948388a688898787c8818990">[email protected]</span></a>, 978-281-9260.
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
[[Page 30839]]
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 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2022. The Angling category season opened January 1, 2022, and continues
through December 31, 2022. The Angling category baseline quota is 232.4
metric tons (mt), of which 5.3 mt is allocated for the harvest of large
medium and giant (trophy) BFT by vessels fishing under the Angling
category quota, with 1.8 mt allocated for each of the following areas:
North of 39[deg]18' N lat. (off Great Egg Inlet, NJ); south of
39[deg]18' N lat. and outside the Gulf of Mexico (the ``southern
area''); and in the Gulf of Mexico. Trophy BFT measure 73 inches (185
cm) curved fork length or greater.
Angling Category Large Medium and Giant Gulf of Mexico ``Trophy''
Fishery Closure
Based on landings data from the NMFS Automated Catch Reporting
System, as well as average catch rates and anticipated fishing
conditions, NMFS projects the Angling category Gulf of Mexico
incidental trophy BFT subquota of 1.8 mt has been reached and exceeded.
Therefore, retaining, possessing, or landing large medium or giant
(i.e., measuring 73 inches (185 cm) curved fork length or greater) BFT
in the Gulf of Mexico by persons aboard Angling and HMS Charter/
Headboat permitted vessels must cease at 11:30 p.m. local time on May
17, 2022. This closure will remain effective through December 31, 2022.
This action applies to HMS Angling and HMS Charter/Headboat permitted
vessels, and is taken consistent with the regulations at Sec.
635.28(a)(1). This action is intended to prevent overharvest of the
Angling category Gulf of Mexico incidental trophy BFT subquota.
If needed, subsequent Angling category adjustments will be
published in the Federal Register. Information regarding the Angling
category fishery for Atlantic tunas, including daily retention limits
for BFT measuring 27 inches (68.5 cm) to less than 73 inches (185 cm)
and any further Angling category adjustments, is available at
<a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a> or by calling (978) 281-9260. HMS Angling and HMS
Charter/Headboat permit holders may catch and release (or 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. Anglers are
also reminded that all BFT that are released must be handled in a
manner that will maximize 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>.
HMS Angling and HMS Charter/Headboat permitted 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
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 could result in excessive trophy BFT landings that
may result in future potential quota reductions for the Angling
category, depending on the magnitude of a potential Angling category
overharvest. NMFS must close the Gulf of Mexico incidental trophy BFT
fishery before additional landings of these sizes of BFT occur.
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: May 16, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-10852 Filed 5-17-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 20, 2022.
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