[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Rules and Regulations]
[Pages 43118-43119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16784]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XB282]


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 General category June through 
August fishery for 2021.

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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 June through August 
subquota time-period.

DATES: Effective 11:30 p.m., local time, August 4, 2021, through August 
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 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 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 files a closure action with 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.
    As described in Sec.  635.27(a), the current baseline U.S. quota 
continues to be 1,247.86 metric tons (mt) (not including the 25 mt 
ICCAT allocated to the United States to account for bycatch of BFT in 
pelagic longline fisheries in the Northeast Distant Gear Restricted 
Area). The baseline quota for the General category is 555.7 mt. Each of 
the General category time periods (January, June through August, 
September, October through November, and December) is allocated a 
portion of the annual General category quota. The June through August 
subquota is 277.9 mt.

Closure of the June Through August 2021 General Category Fishery

    As of August 2, 2021, reported landings total approximately 252.5 
mt. Based on these landings data, as well as average catch rates and 
anticipated fishing conditions, we project that the General category 
June through August subquota will be reached and exceeded shortly. 
Therefore, retaining, possessing, or landing large medium or giant BFT 
(i.e., measuring 73 inches (185 cm) curved fork length or greater) 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 August 4, 2021. The General category 
will automatically reopen September 1, 2021, for the September 2021 
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).
    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 actively monitor the BFT fishery 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 adjustments, 
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 reopens on September 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.

[[Page 43119]]

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 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 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 June through August 2021 General 
category quota, which could result in the need to reduce quota for the 
General category later in the year and thus could affect later fishing 
opportunities. Affording prior notice and opportunity for public 
comment to implement the quota transfer is impracticable and contrary 
to the public interest as such a delay would likely result in 
exceedance of the General category June through August fishery subquota 
or earlier closure of the fishery while fish are available on the 
fishing grounds. 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: August 2, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-16784 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-22-P