[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Pages 54912-54913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19325]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0119; RTID 0648-XC206]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the Harpoon Category Fishery

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 Harpoon 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 2022 
Harpoon category fishing season, which ends November 15, 2022, and thus 
for the year. This closure applies to Atlantic Tunas Harpoon category 
(commercial) permitted vessels.

DATES: Effective 11:30 p.m., local time, September 5, 2022, through 
November 15, 2022.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
301-427-8503, Nicholas Velseboer, [email protected], 978-281-
9260, or Ann Williamson, [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 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 is 
reached or is projected to be reached. Retaining, possessing, or 
landing BFT under a 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 such date as specified.

Harpoon Category Closure

    The baseline U.S. BFT quota is 1,316.14 mt (Sec.  635.27(a)). The 
current baseline quota for the Harpoon category is 47.8 mt. Effective 
July 19, 2022, NMFS transferred 30 mt from the Reserve category to the 
Harpoon category, resulting in an adjusted subquota of 78.7 mt for the 
Harpoon category and 276.7 mt for the Reserve category (87 FR 43447, 
July 21, 2022).
    As of September 1, 2022, reported landings for the Harpoon category 
total approximately 70.8 mt. Based on these landings data, as well as 
average catch rates and anticipated fishing conditions, NMFS projects 
that the adjusted Harpoon category quota of 78.7 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 
Harpoon category must cease at 11:30 p.m. local time on September 5, 
2022. The Harpoon category BFT fishery will be closed for the remainder 
of the Harpoon category season, which ends November 15, 2022, and thus 
for the year. The Harpoon category will reopen automatically on June 1, 
2023, for the 2023 fishing season. This action applies to Atlantic 
Tunas Harpoon category (commercial) permitted vessels, and is taken 
consistent with the regulations at Sec.  635.28(a)(1).

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 
implement actions in a timely manner

[[Page 54913]]

such as quota and retention limit adjustment, as well as closures, and 
may result in enforcement actions. Additionally, and separate from the 
dealer reporting requirement, Harpoon 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 
www.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.).
    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 www.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. 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 pursuant to 5 
U.S.C. 553(b)(B), there is good cause to waive prior notice of, and an 
opportunity for public comment on, 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. Providing for prior notice and 
an opportunity to comment is impracticable and contrary to the public 
interest. This fishery is currently underway and delaying this action 
could result in BFT landings exceeding the Harpoon category quota. 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: September 1, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-19325 Filed 9-2-22; 11:15 am]
BILLING CODE 3510-22-P