[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30838-30839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10852]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XB937]


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 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 applies to Highly Migratory Species 
(HMS) Angling and HMS Charter/Headboat permitted vessels. This action 
is necessary because landings data indicate the Angling category Gulf 
of Mexico incidental trophy BFT subquota of 1.8 mt has been reached and 
exceeded.

DATES: Effective 11:30 p.m., local time, May 17, 2022, through December 
31, 2022.

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

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

[[Page 30839]]

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 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.
    The 2022 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year quota, began January 1, 
2022. The Angling category season opened January 1, 2022, and continues 
through December 31, 2022. The Angling category baseline 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.

Angling Category Large Medium and Giant Gulf of Mexico ``Trophy'' 
Fishery Closure

    Based on landings data from the NMFS Automated Catch Reporting 
System, as well as average catch rates and anticipated fishing 
conditions, NMFS projects the Angling category Gulf of Mexico 
incidental trophy BFT subquota of 1.8 mt has been reached and exceeded. 
Therefore, retaining, possessing, or landing large medium or giant 
(i.e., measuring 73 inches (185 cm) curved fork length or greater) BFT 
in the Gulf of Mexico by persons aboard Angling and HMS Charter/
Headboat permitted vessels must cease at 11:30 p.m. local time on May 
17, 2022. This closure will remain effective through December 31, 2022. 
This action applies to HMS Angling and HMS Charter/Headboat permitted 
vessels, and is taken consistent with the regulations at Sec.  
635.28(a)(1). This action is intended to prevent overharvest of the 
Angling category Gulf of Mexico incidental trophy BFT subquota.
    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 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 Angling 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 and regulations at 50 CFR part 635 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 its 
amendments provide for inseason 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. This fishery is currently underway and 
delaying this action 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 16, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-10852 Filed 5-17-22; 4:15 pm]
BILLING CODE 3510-22-P