[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Rules and Regulations]
[Pages 48120-48121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17390]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XA316]
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 Harpoon category fishery for large medium and
giant (i.e., measuring 73 inches (185 cm) curved fork length or
greater) Atlantic bluefin tuna (BFT) through the end of the 2020
Harpoon category fishing season. Current regulations provide that the
2021 Harpoon category season begins June 1, 2021. The intent of this
closure is to prevent further overharvest of the available Harpoon
category BFT quota of 76 metric tons (mt).
DATES: Effective 11:30 p.m., local time, August 5, 2020, through
November 15, 2020.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260,
Nicholas Velseboer, 978-675-2168, or Larry Redd, 301-420-8503.
SUPPLEMENTARY INFORMATION: Regulations implemented 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
[[Page 48121]]
(Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of
BFT by persons and vessels subject to U.S. jurisdiction are found at 50
CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended
by the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the 2006 Consolidated Highly Migratory
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006) and amendments, and in accordance with
implementing regulations.
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 until the
opening of the relevant subsequent quota period or until such date as
specified.
Harpoon Category Closure
The base quota for the Harpoon category is 46 mt. See Sec.
635.27(a). Effective July 13, 2020, NMFS transferred 30 mt from the
Reserve category to the Harpoon category, resulting in an adjusted
subquota of 76 mt for the Harpoon category and 113 mt for the Reserve
category (85 FR 43148, July 16, 2020).
Based on the best available landings information for the Harpoon
category BFT fishery, NMFS has determined that the adjusted Harpoon
category quota of 76 mt has been reached and exceeded (i.e., as of
August 4, reported landings total approximately 77.4 mt) and that the
Harpoon category fishery should be closed. Therefore, retaining,
possessing, or landing large medium or giant BFT by persons aboard
vessels permitted in the Atlantic tunas Harpoon category must cease at
11:30 p.m. local time on August 5, 2020. The Harpoon category will
reopen automatically on June 1, 2021, for the 2021 fishing season. This
action applies to Atlantic tunas Harpoon category (commercial)
permitted and is taken consistent with the regulations at Sec.
635.28(a)(1). The intent of this closure is to prevent further
overharvest of the available Harpoon category quota.
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,
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 hmspermits.noaa.gov, 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 hmspermits.noaa.gov, 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 (AA) 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 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 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: August 5, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-17390 Filed 8-5-20; 4:15 pm]
BILLING CODE 3510-22-P