Rule2022-19325
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Harpoon Category Fishery
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 8, 2022
Effective
September 5, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Harpoon 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 2022 Harpoon category fishing season, which ends November 15, 2022, and thus for the year. This closure applies to Atlantic Tunas Harpoon category (commercial) permitted vessels.
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Pages 54912-54913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19325]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0119; RTID 0648-XC206]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the Harpoon Category Fishery
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 Harpoon 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 2022
Harpoon category fishing season, which ends November 15, 2022, and thus
for the year. This closure applies to Atlantic Tunas Harpoon category
(commercial) permitted vessels.
DATES: Effective 11:30 p.m., local time, September 5, 2022, through
November 15, 2022.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#d1bdb0a3a3a8ffa3b4b5b591bfbeb0b0ffb6bea7"><span class="__cf_email__" data-cfemail="90fcf1e2e2e9bee2f5f4f4d0fefff1f1bef7ffe6">[email protected]</span></a>,
301-427-8503, Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#711f1812191e1d10025f07141d02131e1403311f1e10105f161e07"><span class="__cf_email__" data-cfemail="96f8fff5fef9faf7e5b8e0f3fae5f4f9f3e4d6f8f9f7f7b8f1f9e0">[email protected]</span></a>, 978-281-
9260, or Ann Williamson, <a href="/cdn-cgi/l/email-protection#3756595919405e5b5b5e565a445859775958565619505841"><span class="__cf_email__" data-cfemail="d1b0bfbfffa6b8bdbdb8b0bca2bebf91bfbeb0b0ffb6bea7">[email protected]</span></a>, 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic highly migratory species (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 is
reached or is projected to be reached. Retaining, possessing, or
landing BFT under a quota category is prohibited on or 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 relevant
subsequent quota period, or until such date as specified.
Harpoon Category Closure
The baseline U.S. BFT quota is 1,316.14 mt (Sec. 635.27(a)). The
current baseline quota for the Harpoon category is 47.8 mt. Effective
July 19, 2022, NMFS transferred 30 mt from the Reserve category to the
Harpoon category, resulting in an adjusted subquota of 78.7 mt for the
Harpoon category and 276.7 mt for the Reserve category (87 FR 43447,
July 21, 2022).
As of September 1, 2022, reported landings for the Harpoon category
total approximately 70.8 mt. Based on these landings data, as well as
average catch rates and anticipated fishing conditions, NMFS projects
that the adjusted Harpoon category quota of 78.7 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
Harpoon category must cease at 11:30 p.m. local time on September 5,
2022. The Harpoon category BFT fishery will be closed for the remainder
of the Harpoon category season, which ends November 15, 2022, and thus
for the year. The Harpoon category will reopen automatically on June 1,
2023, for the 2023 fishing season. This action applies to Atlantic
Tunas Harpoon category (commercial) permitted vessels, and is taken
consistent with the regulations at Sec. 635.28(a)(1).
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
implement actions in a timely manner
[[Page 54913]]
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, Harpoon 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://www.hmspermits.noaa.gov">www.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.).
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://www.hmspermits.noaa.gov">www.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 required by 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 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, for the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason retention limit 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. Providing for prior notice and
an opportunity to comment is impracticable and contrary to the public
interest. This fishery is currently underway and delaying this action
could result in BFT landings exceeding the Harpoon 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 1, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-19325 Filed 9-2-22; 11:15 am]
BILLING CODE 3510-22-P
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