[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Rules and Regulations]
[Pages 61638-61639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21594]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XA505]


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 of the Atlantic Bluefin Tuna General 
category September fishery for 2020.

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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 September subquota time 
period until the General category reopens on October 1, 2020. The 
intent of this closure is to prevent overharvest of the adjusted 
General category BFT September subquota of 195.6 metric tons (mt).

[[Page 61639]]


DATES: Effective 11:30 p.m., local time, September 27, 2020, through 
September 30, 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 (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 (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.

Closure of the September 2020 General Category Fishery

    The 2020 base quota for the General category is 555.7 mt. (See 
Sec.  635.27(a)). Each of the General category time periods (January, 
June through August, September, October through November, and December) 
is allocated a subquota or portion of the annual General category 
quota. The baseline subquotas for each time period are as follows: 29.5 
mt for January; 277.9 mt for June through August; 147.3 mt for 
September; 72.2 mt for October through November; and 28.9 mt for 
December. NMFS previously increased the January subquota to 100 mt 
through two inseason quota transfers (85 FR 17, January 2, 2020, and 85 
FR 6828, February 6, 2020) (although it is called the ``January'' 
subquota, the regulations currently allow landings to continue until 
the subquota is reached, or until March 31, whichever comes first). 
NMFS recently increased the September subquota to 195.6 mt through an 
inseason quota transfer (85 FR 59445, September 22, 2020).
    Based on the best available landings information for the General 
category BFT fishery, NMFS has determined that the adjusted September 
subquota of 195.6 mt is projected to be reached shortly (i.e., as of 
September 24, reported landings total approximately 169.4 mt) and that 
the General category should be closed. Therefore, retaining, 
possessing, or landing large medium or giant BFT by persons aboard 
vessels permitted in the Atlantic tunas General category and HMS 
Charter/Headboat category (while fishing commercially) must cease at 
11:30 p.m. local time on September 27, 2020. The General category will 
automatically reopen October 1, 2020, for the October through November 
2020 subquota time period. This action applies to Atlantic tunas 
General category (commercial) permitted vessels and HMS Charter/
Headboat category 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 September subquota.
    Fishermen may catch and release (or 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 https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/.

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 and HMS Charter/Headboat 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.).
    After the fishery re-opens on October 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 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 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 adjusted September 2020 General 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 25, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-21594 Filed 9-25-20; 4:15 pm]
BILLING CODE 3510-22-P