[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Rules and Regulations]
[Pages 24359-24360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09614]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XB001]


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 Angling category Gulf of Mexico area 
incidental trophy 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 Gulf of Mexico incidental trophy 
BFT subquota.

DATES: Effective 11:30 p.m., local time, May 4, 2021, through December 
31, 2021.

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

SUPPLEMENTARY INFORMATION: Atlantic highly migratory species (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 Atlantic HMS FMP and its 
amendments. NMFS is required under the MSA 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 publishes 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, for the remainder of the fishing year, until the opening of 
the relevant subsequent quota period or until such date as specified.

Angling Category Large Medium and Giant Gulf of Mexico ``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 current 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. Per Sec.  635.27(a)(2)(iii), the 
Gulf of Mexico region includes all waters of the U.S. exclusive 
economic zone (EEZ) west and north of the boundary stipulated at Sec.  
600.105(c). Trophy BFT measure 73 inches (185 cm) curved fork length or 
greater.
    Based on reported landings from the NMFS Automated Catch Reporting 
System, NMFS has determined that the codified Angling category Gulf of 
Mexico trophy BFT subquota of 1.8 mt has been reached and exceeded and 
that a closure of the Gulf of Mexico incidental trophy BFT fishery is 
warranted. Therefore, retaining, possessing, or landing large medium or 
giant BFT in the Gulf of Mexico by persons aboard HMS Angling category 
and the HMS Charter/Headboat permitted vessels (when fishing 
recreationally) must cease at 11:30 p.m. local time on May 4, 2021. 
This closure will remain effective through December 31, 2021. This 
action is intended to prevent further overharvest of the Angling 
category Gulf of Mexico incidental trophy BFT subquota, and is taken 
consistent with the regulations at Sec.  635.28(a)(1). NMFS previously 
closed the 2021 trophy BFT fishery in the southern area on March 1, 
2021 (86 FR 12548, March 4, 2021).
    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 and any 
further Angling category adjustments, is available at 
hmspermits.noaa.gov or by calling (978) 281-9260. HMS Angling category 
and HMS Charter/Headboat permit holders may catch and release (or tag 
and release) BFT of all sizes, subject to the requirements of the 
catch-and-release

[[Page 24360]]

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 Angling 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 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 Angling category Gulf of Mexico incidental trophy 
fishery is necessary to prevent any further overharvest of the Gulf of 
Mexico incidental trophy 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 Gulf of 
Mexico incidental trophy BFT fishery before additional landings of 
these sizes of BFT occur. Therefore, the AA finds 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: May 3, 2021.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2021-09614 Filed 5-3-21; 4:15 pm]
BILLING CODE 3510-22-P