[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Rules and Regulations]
[Pages 39383-39384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14142]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XC020]


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.

-----------------------------------------------------------------------

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 
closure applies to Highly Migratory Species (HMS) Angling and Atlantic 
HMS Charter/Headboat permitted vessels when fishing recreationally for 
BFT. This action is necessary because landings data indicate the 
Angling category northern area trophy BFT subquota of 1.8 mt has been 
reached and exceeded.

DATES: Effective 11:30 p.m., local time, June 29, 2022, through 
December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Ann Williamson, 
[email protected], 301-427-8503, Larry Redd, Jr., 
[email protected], 301-427-8503, or Nicholas Velseboer, 
[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 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 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

[[Page 39384]]

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; the ``northern area''); 
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 Northern Area ``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 has determined that the codified Angling category 
northern area 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 north of 39[deg]18' N lat. by persons aboard HMS Angling 
and HMS Charter/Headboat permitted vessels (when fishing 
recreationally) must cease at 11:30 p.m. local time on June 29, 2022. 
This closure will remain effective through December 31, 2022. This 
action applies to HMS Angling and HMS Charter/Headboat permitted 
vessels when fishing recreationally for BFT, and is taken consistent 
with the regulations at Sec.  635.28(a)(1). This action is intended to 
prevent overharvest of the Angling category northern area trophy BFT 
subquota. NMFS previously closed the 2022 trophy BFT fishery in the 
southern area on February 12, 2022 (87 FR 8983, February 17, 2022) and 
in the Gulf of Mexico area on May 17, 2022 (87 FR 30838, May 20, 2022). 
Therefore, with this closure of the northern area trophy BFT fishery, 
the Angling category trophy BFT fishery will be closed in all areas for 
2022.
    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 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 northern area trophy BFT fishery 
before additional landings of these sizes of BFT occur. Therefore, the 
Assistant Administrator for NMFS 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: June 28, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-14142 Filed 6-29-22; 8:45 am]
BILLING CODE 3510-22-P