[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Rules and Regulations]
[Pages 64720-64722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23300]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0119; RTID 0648-XC431]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category October Through November 
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 October through November 
subquota time period. This action applies to Atlantic Tunas General 
category (commercial) permitted vessels and highly migratory species 
(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 October through November 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 December 1, 2022, the 
fishery will reopen automatically.

[[Page 64721]]


DATES: Effective 11:30 p.m., local time, October 24, 2022, through 
November 30, 2022.

FOR FURTHER INFORMATION CONTACT: Ann Williamson, 
[email protected], 301-427-8583, 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 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 mt (Sec.  635.27(a)). The 
current baseline quota for the General category is 587.9 mt and the 
baseline subquota for the October through November time period is 76.4 
mt. NMFS recently increased the October through November subquota to 
177.9 mt through an inseason quota transfer (87 FR 60938, October 7, 
2022).

Closure of the October Through November 2022 General Category Fishery

    To date, reported landings for the General category October through 
November subquota time-period total approximately 138.1 mt. Based on 
these landings data, as well as average catch rates and anticipated 
fishing conditions, NMFS projects the adjusted October through November 
2022 subquota of 177.9 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 October 24, 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 October through 
November subquota. The General category will automatically reopen 
December 1, 2022, for the December 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 
October through November subquota time period, NMFS has decided to 
waive the previously scheduled RFDs for the remainder of that period.
    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 December 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), 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: 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 October through November 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.

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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: October 21, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-23300 Filed 10-21-22; 4:15 pm]
BILLING CODE 3510-22-P