Rule2022-23300
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category October Through November Fishery for 2022
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
October 26, 2022
Effective
October 24, 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 October through November subquota time period. This action applies to Atlantic Tunas General category (commercial) permitted vessels and highly migratory species (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 October through November 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. On December 1, 2022, the fishery will reopen automatically.
Full Text
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<title>Federal Register, Volume 87 Issue 206 (Wednesday, October 26, 2022)</title>
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[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Rules and Regulations]
[Pages 64720-64722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23300]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0119; RTID 0648-XC431]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category October Through November
Fishery for 2022
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 October through November
subquota time period. This action applies to Atlantic Tunas General
category (commercial) permitted vessels and highly migratory species
(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 October through November 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. On December 1, 2022, the
fishery will reopen automatically.
[[Page 64721]]
DATES: Effective 11:30 p.m., local time, October 24, 2022, through
November 30, 2022.
FOR FURTHER INFORMATION CONTACT: Ann Williamson,
<a href="/cdn-cgi/l/email-protection#2d4c4343035a444141444c405e42436d43424c4c034a425b"><span class="__cf_email__" data-cfemail="3a5b5454144d535656535b574955547a54555b5b145d554c">[email protected]</span></a>, 301-427-8583, Larry Redd, Jr.,
<a href="/cdn-cgi/l/email-protection#3854594a4a41164a5d5c5c7856575959165f574e"><span class="__cf_email__" data-cfemail="4d212c3f3f34633f2829290d23222c2c632a223b">[email protected]</span></a>, 301-427-8503, or Nicholas Velseboer,
<a href="/cdn-cgi/l/email-protection#ea8483898285868b99c49c8f86998f88858f98aa84858b8bc48d859c"><span class="__cf_email__" data-cfemail="16787f757e797a77653860737a657374797364567879777738717960">[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 action 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
or after the effective date and time of a closure notice for that
category until the opening of the relevant 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 October through November time period is 76.4
mt. NMFS recently increased the October through November subquota to
177.9 mt through an inseason quota transfer (87 FR 60938, October 7,
2022).
Closure of the October Through November 2022 General Category Fishery
To date, reported landings for the General category October through
November subquota time-period total approximately 138.1 mt. Based on
these landings data, as well as average catch rates and anticipated
fishing conditions, NMFS projects the adjusted October through November
2022 subquota of 177.9 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 October 24, 2022. 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 October through
November subquota. The General category will automatically reopen
December 1, 2022, for the December 2022 subquota time period.
Adjustment of the 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. Because the fishery will be closed for the remainder of the
October through November subquota time period, NMFS has decided to
waive the previously scheduled RFDs for the remainder of that period.
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 adjustment,
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://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.).
After the fishery reopens on December 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://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 and regulations at 50 CFR part 635 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), 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: Specifically, 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, based on landings
information, delaying this action could result in BFT landings
exceeding the adjusted October through November 2022 General category
subquota. Taking this action does not raise conservation and management
concerns. NMFS notes that the public had an opportunity to comment on
the underlying rulemakings that established the U.S. BFT quota and the
inseason adjustment criteria.
For all of the above reasons, the AA also finds that pursuant to 5
U.S.C.
[[Page 64722]]
553(d), there is good cause to waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: October 21, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-23300 Filed 10-21-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 26, 2022.
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