[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26424-26425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10253]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XB082]


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

DATES: Effective 11:30 p.m., local time, May 11, 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 Magnuson-Stevens Act 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 in the 
Federal Register 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 a specified date.

Angling Category Large Medium and Giant Northern Area ``Trophy'' 
Fishery Closure

    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. 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 northern 
area trophy BFT subquota of 1.8 mt has been reached and exceeded and 
that a closure of the northern area trophy BFT fishery is warranted. 
Therefore, retaining, possessing, or landing large medium or giant BFT 
north of 39[deg]18' N lat., by persons aboard vessels with HMS Angling 
category permits and HMS Charter/Headboat-permitted vessels (when 
fishing recreationally) must cease fishing at 11:30 p.m. local time on 
May 11, 2021. This closure will remain effective through December 31, 
2021. This action is intended to prevent further overharvest of the 
Angling category northern area 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) and in the Gulf of Mexico area on May 
4, 2021 (86 FR 24359, May 6, 2021). Therefore, with this closure of the 
northern area trophy BFT fishery, the Angling category trophy BFT 
fishery will be closed in all areas for 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

[[Page 26425]]

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 and tag-and-release programs 
at Sec.  635.26. Anglers are 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 also reminded that they 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 northern area trophy fishery is 
necessary to prevent any further overharvest of the northern area 
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 northern 
area trophy BFT fishery to prevent any additional landings of large 
medium and giant BFT. 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 11, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-10253 Filed 5-11-21; 4:15 pm]
BILLING CODE 3510-22-P