[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Rules and Regulations]
[Pages 12548-12549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04480]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XA819]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule.

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SUMMARY: NMFS closes the southern area Angling category fishery for 
large medium and giant (``trophy'' (i.e., measuring 73 inches (185 cm) 
curved fork length or greater)) Atlantic bluefin tuna (BFT). This 
action is being taken to prevent further overharvest of the Angling 
category southern area trophy BFT subquota.

DATES: Effective 11:30 p.m., local time, March 1, 2021, through 
December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 
[email protected], 978-281-9260, Nicholas Velseboer, 
[email protected], 978-675-2168, or Larry Redd, Jr., 
[email protected], 301-427-8503.

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 Atlantic 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 
and 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 subsequent quota period or until such date as specified.

Angling Category Large Medium and Giant Southern ``Trophy'' Fishery 
Closure

    The 2021 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year quota, began January 1, 
2021. The Angling category season opened January 1, 2021, and continues 
through December 31, 2021. The currently codified Angling category 
quota is 232.4 metric tons (mt), of which 5.3 mt is allocated for the 
harvest of large medium and giant (trophy) BFT by vessels fishing under 
the Angling category quota, with 1.8 mt allocated for each of the 
following areas: North of 39[deg]18' N lat. (off Great Egg Inlet, NJ); 
south of 39[deg]18' N lat. and outside the Gulf of Mexico (the 
``southern area''); and in the Gulf of Mexico. Trophy BFT measure 73 
inches (185 cm) curved fork length or greater.
    Based on reported landings from the NMFS Automated Catch Reporting 
System and the North Carolina Tagging Program, NMFS has determined that 
the codified Angling category southern area trophy BFT subquota of 1.8 
mt has been reached and exceeded and that a closure of the southern 
area trophy BFT fishery is warranted. Therefore, retaining, possessing, 
or landing large medium or giant BFT south of 39[deg]18' N lat. and 
outside the Gulf of Mexico by persons aboard vessels permitted in the 
HMS Angling category and the HMS Charter/Headboat category (when 
fishing recreationally) must cease at 11:30 p.m. local time on March 1, 
2021. This closure will remain effective through December 31, 2021. 
This action is intended to prevent further overharvest of the Angling 
category southern area trophy BFT subquota, and is taken consistent 
with the regulations at Sec.  635.28(a)(1).
    If needed, subsequent Angling category adjustments will be 
published in the Federal Register. Information regarding the Angling 
category fishery for Atlantic tunas, including daily retention limits 
for BFT measuring 27 inches (68.5 cm) to less than 73 inches (185 cm) 
and any further Angling category adjustments, is available at 
hmspermits.noaa.gov or by calling (978) 281-9260. HMS Angling and HMS 
Charter/Headboat category permit holders 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. Anglers 
are also reminded that all BFT 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/outreach-and-education/careful-catch-and-release-brochure/.
    HMS Charter/Headboat and Angling 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.).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is consistent with regulations at 50 CFR part 
635, which were issued pursuant to section 304(c) of the Magnuson-
Stevens Act and the Atlantic Tunas Convention Act, and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for NMFS (AA) finds that 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: 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. The 
closure of the southern area Angling category trophy fishery is 
necessary to prevent any further overharvest of the southern area 
trophy fishery subquota. NMFS provides notification of closures by 
publishing the notice in the Federal Register, emailing individuals who 
have subscribed to the Atlantic HMS News electronic newsletter, and 
updating the information posted on the Atlantic Tunas Information Line 
and on hmspermits.noaa.gov.
    These fisheries are currently underway and delaying this action 
would be contrary to the public interest as it could result in 
excessive trophy BFT landings that may result in future potential quota 
reductions for the Angling category, depending on the magnitude of a 
potential Angling category overharvest. NMFS must close the southern 
area trophy BFT fishery before additional landings of these sizes of 
BFT occur. Therefore, the AA finds

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good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment. 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: March 1, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-04480 Filed 3-1-21; 4:15 pm]
BILLING CODE 3510-22-P