Rule2022-17281
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category Fishery June Through August 2022 Subquota Time Period
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
August 11, 2022
Effective
August 10, 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 remainder of the June through August 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. This action also waives the previously- scheduled restricted fishing days (RFDs) for the remainder of the June through August subquota time period. With the RFDs waived during the closure, 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. The fishery will reopen automatically and previously scheduled RFDs for September will resume.
Full Text
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<title>Federal Register, Volume 87 Issue 154 (Thursday, August 11, 2022)</title>
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[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49532-49534]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17281]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0119; RTID 0648-XC156]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category Fishery June Through August
2022 Subquota Time Period
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 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 remainder of the June
through August 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. This action also waives the previously-
[[Page 49533]]
scheduled restricted fishing days (RFDs) for the remainder of the June
through August subquota time period. With the RFDs waived during the
closure, 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. The fishery will reopen automatically and
previously scheduled RFDs for September will resume.
DATES: Effective 11:30 p.m., local time, August 10, 2022, through
August 31, 2022.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#066463656d7f28657374726f75466869676728616970"><span class="__cf_email__" data-cfemail="157770767e6c3b766067617c66557b7a74743b727a63">[email protected]</span></a>,
301-427-8503, Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#8fe3eefdfdf6a1fdeaebebcfe1e0eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="cfa3aebdbdb6e1bdaaabab8fa1a0aeaee1a8a0b9">[email protected]</span></a>, 301-427-8503, or
Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#a0cec9c3c8cfccc1d38ed6c5ccd3c5c2cfc5d2e0cecfc1c18ec7cfd6"><span class="__cf_email__" data-cfemail="c7a9aea4afa8aba6b4e9b1a2abb4a2a5a8a2b587a9a8a6a6e9a0a8b1">[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 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 baseline U.S. BFT quota is 1,316.14 mt (Sec. 635.27(a)). The
current baseline quota for the General category is 587.9 mt and the
baseline subquota for the June through August time period is 293.9 mt
(Sec. 635.27(a)(1)).
Closure of the June Through August 2022 General Category Fishery
As of August 8, 2022, reported landings for the General category
June through August subquota time period total approximately 265 mt.
Based on these landings data, as well as average catch rates and
anticipated fishing conditions, NMFS has determined that the June
through August 2022 subquota of 293.9 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 August 10, 2022.
The General category will automatically reopen September 1, 2022, for
the September 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 June through August subquota. The
fishery will reopen automatically on September 1, 2022.
Adjustment of Daily Retention Limit for Selected Dates
On June 1, 2022 (87 FR 33056), NMFS published a final rule
implementing RFDs every Tuesday, Friday, and Saturday through November
30, 2022. Since the fishery will be closed for the remainder of the
June through August subquota time period, NMFS has decided to waive the
previously scheduled RFDs for the remainder of that period. Previously
scheduled RFDs will resume on September 2, 2022.
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 adjustments,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
General category 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.).
After the fishery reopens on September 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 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 would be contrary to the public interest as it
could result in BFT landings exceeding the General category June
through August 2022 subquota, which could result in the need to reduce
quota
[[Page 49534]]
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: August 8, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2022-17281 Filed 8-8-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 11, 2022.
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