Rule2022-14142
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
July 1, 2022
Effective
June 29, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Angling category northern area fishery for large medium and giant Atlantic bluefin tuna (BFT) (i.e., "trophy" fish measuring 73 inches (185 cm) curved fork length or greater). This closure applies to Highly Migratory Species (HMS) Angling and Atlantic HMS Charter/Headboat permitted vessels when fishing recreationally for BFT. This action is necessary because landings data indicate the Angling category northern area trophy BFT subquota of 1.8 mt has been reached and exceeded.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 126 (Friday, July 1, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Rules and Regulations]
[Pages 39383-39384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14142]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XC020]
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.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the Angling category northern area fishery for
large medium and giant Atlantic bluefin tuna (BFT) (i.e., ``trophy''
fish measuring 73 inches (185 cm) curved fork length or greater). This
closure applies to Highly Migratory Species (HMS) Angling and Atlantic
HMS Charter/Headboat permitted vessels when fishing recreationally for
BFT. This action is necessary because landings data indicate the
Angling category northern area trophy BFT subquota of 1.8 mt has been
reached and exceeded.
DATES: Effective 11:30 p.m., local time, June 29, 2022, through
December 31, 2022.
FOR FURTHER INFORMATION CONTACT: Ann Williamson,
<a href="/cdn-cgi/l/email-protection#f7969999d9809e9b9b9e969a849899b799989696d9909881"><span class="__cf_email__" data-cfemail="6a0b0404441d030606030b071905042a04050b0b440d051c">[email protected]</span></a>, 301-427-8503, Larry Redd, Jr.,
<a href="/cdn-cgi/l/email-protection#3a565b48484314485f5e5e7a54555b5b145d554c"><span class="__cf_email__" data-cfemail="711d100303085f03141515311f1e10105f161e07">[email protected]</span></a>, 301-427-8503, or Nicholas Velseboer,
<a href="/cdn-cgi/l/email-protection#2d43444e4542414c5e035b48415e484f42485f6d43424c4c034a425b"><span class="__cf_email__" data-cfemail="620c0b010a0d0e03114c14070e1107000d0710220c0d03034c050d14">[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 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 Atlantic 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
[[Page 39384]]
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; the ``northern area'');
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 Northern Area ``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 has determined that the codified Angling category
northern area 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 north of 39[deg]18' N lat. by persons aboard HMS Angling
and HMS Charter/Headboat permitted vessels (when fishing
recreationally) must cease at 11:30 p.m. local time on June 29, 2022.
This closure will remain effective through December 31, 2022. This
action applies to HMS Angling and HMS Charter/Headboat permitted
vessels when fishing recreationally for BFT, and is taken consistent
with the regulations at Sec. 635.28(a)(1). This action is intended to
prevent overharvest of the Angling category northern area trophy BFT
subquota. NMFS previously closed the 2022 trophy BFT fishery in the
southern area on February 12, 2022 (87 FR 8983, February 17, 2022) and
in the Gulf of Mexico area on May 17, 2022 (87 FR 30838, May 20, 2022).
Therefore, with this closure of the northern area trophy BFT fishery,
the Angling category trophy BFT fishery will be closed in all areas for
2022.
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 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 northern area trophy BFT fishery
before additional landings of these sizes of BFT occur. Therefore, the
Assistant Administrator for NMFS 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: June 28, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-14142 Filed 6-29-22; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 1, 2022.
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.