[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57648-57649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20386]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0119; RTID 0648-XC331]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category September Fishery for 2022

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 September 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-scheduled restricted 
fishing days (RFDs) for the remainder of the September 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. On 
October 1, 2022, the fishery will reopen automatically and previously 
scheduled RFDs for the October through November subquota time period 
will resume.

DATES: Effective 11:30 p.m., local time, September 19, 2022, through 
September 30, 2022.

FOR FURTHER INFORMATION CONTACT: Erianna Hammond, 
[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

[[Page 57649]]

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 
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 
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.
    The baseline U.S. BFT quota is 1,316.14 metric tons (mt) (Sec.  
635.27(a)). The current baseline quota for the General category is 
587.9 mt and the baseline subquota for the September time period is 
155.8 mt. Effective September 7, 2022, NMFS increased the September 
subquota to 225.5 mt through an inseason quota transfer (87 FR 54910, 
September 8, 2022). Within that transfer notice, NMFS made an 
inadvertent error in calculating the adjusted September subquota. 
Through this action, NMFS corrects the adjusted September subquota to 
225.8 mt (155.8 mt baseline subquota + 70 mt transferred). This 
transfer provided additional quota for the September time period and 
also addressed a 20.5 mt overharvest from previous time period 
subquotas.

Closure of the September 2022 General Category Fishery

    As of September 15, 2022, reported landings for the General 
category September subquota time-period total approximately 181.6 mt. 
Based on these landings data, as well as average catch rates and 
anticipated fishing conditions, NMFS projects the adjusted September 
2022 subquota of 225.8 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 September 19, 2022. 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 September 
subquota. The General category will automatically reopen October 1, 
2022, for the October through November 2022 subquota time-period.

Adjustment of the 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. Because the fishery will be closed for the remainder of the 
September subquota time period, NMFS has decided to waive the 
previously-scheduled RFDs for the remainder of that period. Previously 
scheduled RFDs will resume on October 1, 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 adjustment, 
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 
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.).
    After the fishery reopens on October 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 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 and regulations at 50 CFR part 635 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for NMFS (AA) 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, this action for the following 
reasons. Specifically, 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, based on landings information, delaying this 
action could result in BFT landings exceeding the adjusted September 
2022 General category subquota. Taking this action does not raise 
conservation and management concerns. NMFS notes that the public had an 
opportunity to comment on the underlying rulemakings that established 
the U.S. BFT quota and the inseason adjustment criteria.
    For all of the above reasons, the AA also finds that pursuant to 5 
U.S.C. 553(d), there is good cause to waive the 30-day delay in 
effectiveness.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: September 15, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-20386 Filed 9-16-22; 4:15 pm]
BILLING CODE 3510-22-P