[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57783-57785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20409]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 030908222-6241-02]
RTID 0648-XA481


Atlantic Highly Migratory Species (HMS); Atlantic Billfish 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; Action restricting recreational fishing for 
Atlantic blue marlin, white marlin, and roundscale spearfish to catch-
and-release fishing.

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SUMMARY: NMFS has determined that the recreational landings limit for 
Atlantic blue marlin, white marlin, and roundscale spearfish has been 
reached and exceeded for 2020, based upon a review of landings data. 
Therefore, NMFS is prohibiting retention of Atlantic blue marlin, white 
marlin, and roundscale spearfish in the Atlantic HMS recreational 
fisheries. Fishing for these species will be limited to catch-and-
release only for the remainder of 2020. This action affects Angling and 
Charter/Headboat permit holders, tournament operators, and Atlantic 
tunas General category or Swordfish General Commercial permit holders 
that fish in registered Atlantic HMS tournaments, and is effective in 
all areas of the Atlantic Ocean. Atlantic sailfish may continue to be 
retained consistent with applicable regulations.

DATES: Effective September 30, 2020, through December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Jennifer Lee by email at 
[email protected], Jennifer Cudney by email at 
[email protected], or Nicholas Alvarado by email at 
[email protected].

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 (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing fishing for Atlantic 
billfish (including blue marlin, white marlin, roundscale spearfish, 
longbill spearfish, and sailfish) by persons and vessels subject to 
U.S. jurisdiction are found at 50 CFR part 635. The Atlantic billfish 
fishery is a recreational fishery, and the sale of Atlantic billfish is 
prohibited. 50 CFR 635.31(b). Only

[[Page 57784]]

persons who have been issued a valid HMS Angling or valid Charter/
Headboat permit, or who have been issued a valid Atlantic Tunas General 
category or Swordfish General Commercial permit and are participating 
in a tournament as provided in Sec.  635.4(c), may possess a blue 
marlin, white marlin, or roundscale spearfish in, or take a blue 
marlin, white marlin, or roundscale spearfish from, its management 
unit. Blue marlin, white marlin, or roundscale spearfish may only be 
harvested by rod and reel. Sec.  635.19(c)(1).
    Atlantic HMS regulations specify an annual recreational landings 
limit of 250 Atlantic blue and white marlin and roundscale spearfish, 
combined. Sec.  635.27(d)(1). NMFS implemented this landings limit 
consistent with International Commission for the Conservation of 
Atlantic Tunas (ICCAT) recommendations, most recently reflected in 
ICCAT Recommendation 19-05, Recommendation by ICCAT to Establish 
Rebuilding Programs for Blue Marlin and White Marlin/Roundscale 
Spearfish.
    Under Sec.  635.27(d)(3), when the 250-marlin landings limit is 
reached or projected to be reached, NMFS will file for publication with 
the Office of the Federal Register an action restricting fishing for 
Atlantic blue marlin, white marlin, and roundscale spearfish to catch-
and-release fishing only. Section 635.27(d)(3) also states that once a 
determination is made, in no case shall such adjustment be effective 
less than 14 calendar days after the date of publication. From the 
effective date and time of such action until additional landings become 
available, no blue marlin, white marlin, or roundscale spearfish from 
the management unit may be taken, retained, or possessed.
    Preliminary landings information from multiple sources (see 
Monitoring and Reporting section, below), indicate that 268 blue 
marlin, white marlin, and roundscale spearfish combined have been 
landed, and the 250-marlin landings limit has been reached and exceeded 
for the 2020 fishing year. As a result, NMFS is prohibiting further 
retention of Atlantic blue marlin, white marlin, and roundscale 
spearfish in the recreational fisheries, and the fishery for these 
species will operate as a catch-and-release fishery only for the 
remainder of 2020. This prohibition on retention affects Angling and 
Charter/Headboat permit holders, tournament operators, and Atlantic 
tunas General category or Swordfish General Commercial permit holders 
that fish in registered Atlantic HMS tournaments, and is effective in 
all areas of the Atlantic Ocean.
    This is the first time that the United States has reached and 
exceeded its annual 250-marlin landings limit since it was established. 
Both tournament and non-tournament billfish landings have been 
increasing in recent years. Billfish tournaments typically occur during 
the summer months, and in mid- to late August 2020 there was a 
substantial increase in tournament landings that resulted in the 250-
marlin landings limit being reached and exceeded.
    After reviewing final landings data, NMFS will, consistent with 
Sec.  635.27(d)(2), subtract any overharvest from the landings limit 
for 2021. Any adjustment, if necessary, would be announced via notice 
in the Federal Register.
    This restriction does not apply to Atlantic sailfish. Atlantic 
sailfish may continue to be retained consistent with applicable 
regulations. Retention of longbill spearfish is already prohibited. 
Billfish retention remains prohibited in commercial fisheries.

Monitoring and Reporting

    NMFS will continue to monitor the Atlantic billfish fishery closely 
through mandatory landings reports. Angling category and HMS Charter/
Headboat vessel owners are required to report billfish landings, 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.). 
Anglers in Maryland and North Carolina are required to report billfish 
landings at state-operated reporting stations. Depending on the final 
2020 landings and other considerations described above, NMFS may adjust 
the 2021 landing limit and determine that additional adjustments are 
necessary in 2021 to ensure the landing limit is not exceeded. Such 
adjustments will be published in the Federal Register. In addition, 
fishermen may access hmspermits.noaa.gov for updates on inseason 
adjustments.
    HMS Angling and HMS Charter/Headboat category permit holders may 
catch-and-release (or tag and release) Atlantic billfish of all sizes. 
Anglers are reminded that Atlantic billfish 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 https://www.fisheries.noaa.gov/resource/educational-materials/careful-catch-and-release-brochure.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and the Atlantic Tunas Convention Act, 16 U.S.C. 
971d(c)(1)(A). 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 an opportunity for 
public comment on this action. This fishery is currently underway and 
delaying this action would be contrary to the public interest as it 
could result in Atlantic blue marlin, white marlin, and roundscale 
spearfish landings further exceeding the 250-marlin landings limit, 
which was adopted at ICCAT and implemented domestically. If NMFS were 
to offer a public comment period now, after having appropriately 
considered that data, it could result in further exceedance of the 
landings limit and NMFS having to lower the marlin landing limit in the 
next fishing year.
    Consistent with specific regulation requiring this action, the 
regulated community will receive 14 days' prior notice of the effective 
date of this action. Affording additional notice and an opportunity for 
public comment on the change to catch-and-release only for the 
remainder of 2020 at this time is impracticable. Based on review of 
available billfish landings data, restriction to catch-and-release only 
is required under the regulations to prevent any further exceedances of 
the marlin landings limit during the 2020 fishing year. NMFS could not 
have proposed this action earlier, as it needed to consider and respond 
to recently-updated landings data, including from HMS Angling, Charter/
Headboat permit holders, tournament operators, and Atlantic tunas 
General category and Swordfish General Commercial permit holders that 
fish in registered Atlantic HMS Tournaments. Therefore, the Assistant 
Administrator finds good cause under 5 U.S.C. 553(b)(B) to waive prior 
notice and the opportunity for public comment. Furthermore, while NMFS 
is providing 14 days' notice, it is not providing the full 30-day delay 
in effectiveness, and for the reasons above finds there also is good 
cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec.  635.23(d)(5), and is exempt 
from review under Executive Order 12866.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.


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    Dated: September 11, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-20409 Filed 9-11-20; 4:15 pm]
BILLING CODE 3510-22-P