[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49532-49534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17281]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0119; RTID 0648-XC156]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category Fishery June Through August 
2022 Subquota Time Period

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 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 remainder of the June 
through August subquota time period. This action applies to Atlantic 
Tunas General category (commercial) permitted vessels and HMS Charter/
Headboat permitted vessels with a commercial sale endorsement when 
fishing commercially for BFT. This action also waives the previously-

[[Page 49533]]

scheduled restricted fishing days (RFDs) for the remainder of the June 
through August subquota time period. With the RFDs waived during the 
closure, fishermen aboard General category permitted vessels and HMS 
Charter/Headboat permitted vessels may tag and release BFT of all 
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs. The fishery will reopen automatically and 
previously scheduled RFDs for September will resume.

DATES: Effective 11:30 p.m., local time, August 10, 2022, through 
August 31, 2022.

FOR FURTHER INFORMATION CONTACT: Becky Curtis, [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 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 baseline U.S. BFT quota is 1,316.14 mt (Sec.  635.27(a)). The 
current baseline quota for the General category is 587.9 mt and the 
baseline subquota for the June through August time period is 293.9 mt 
(Sec.  635.27(a)(1)).

Closure of the June Through August 2022 General Category Fishery

    As of August 8, 2022, reported landings for the General category 
June through August subquota time period total approximately 265 mt. 
Based on these landings data, as well as average catch rates and 
anticipated fishing conditions, NMFS has determined that the June 
through August 2022 subquota of 293.9 mt will be reached shortly. 
Therefore, retaining, possessing, or landing large medium or giant 
(i.e., measuring 73 inches (185 cm) curved fork length or greater) BFT 
by persons aboard vessels permitted in the Atlantic Tunas General 
category and HMS Charter/Headboat permitted vessels (while fishing 
commercially) must cease at 11:30 p.m. local time on August 10, 2022. 
The General category will automatically reopen September 1, 2022, for 
the September 2022 subquota time period. This action applies to 
Atlantic Tunas General category (commercial) permitted vessels and HMS 
Charter/Headboat 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). The intent of this closure is to 
prevent overharvest of the available June through August subquota. The 
fishery will reopen automatically on September 1, 2022.

Adjustment of Daily Retention Limit for Selected Dates

    On June 1, 2022 (87 FR 33056), NMFS published a final rule 
implementing RFDs every Tuesday, Friday, and Saturday through November 
30, 2022. Since the fishery will be closed for the remainder of the 
June through August subquota time period, NMFS has decided to waive the 
previously scheduled RFDs for the remainder of that period. Previously 
scheduled RFDs will resume on September 2, 2022.
    With the RFDs waived during the closure, consistent with Sec.  
635.23(a)(4), fishermen aboard General category permitted vessels and 
HMS Charter/Headboat permitted vessels may 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 continue to monitor the BFT fisheries 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 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.).
    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.

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 would be contrary to the public interest as it 
could result in BFT landings exceeding the General category June 
through August 2022 subquota, which could result in the need to reduce 
quota

[[Page 49534]]

for the General category later in the year and thus could affect later 
fishing opportunities. 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: August 8, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-17281 Filed 8-8-22; 4:15 pm]
BILLING CODE 3510-22-P