[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Rules and Regulations]
[Pages 76427-76428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27073]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0019; RTID 0648-XC573]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category December 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 centimeters) curved fork length 
or greater) Atlantic bluefin tuna (BFT) for the December subquota time 
period, and thus for the remainder of 2022. 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. 
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 January 1, 2023, the fishery will reopen 
automatically.

DATES: Effective 11:30 p.m., local time, December 10, 2022, through 
December 31, 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 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 current baseline quota for the General category is 587.9 metric 
tons (mt). The General category baseline quota is suballocated to 
different time periods. Relevant to this action, the baseline subquota 
for the December time period is 30.6 mt. To date for 2022, NMFS has 
published several actions that adjusted the General category December 
2022 time period quota (86 FR 72857, December 23, 2021; 87 FR 33049, 
June 1, 2022). Most recently, NMFS increased the December subquota to 
50.1 mt through an inseason quota transfer (87 FR 73504, November 30, 
2022).

Closure of the December 2022 General Category Fishery

    To date, reported landings for the General category December 
subquota time period total approximately 38.5 mt. Based on these 
landings, NMFS has determined that the adjusted 2022 subquota of 50.1 
mt is projected to be reached shortly. Therefore, retaining,

[[Page 76428]]

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 December 10, 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 General category will 
automatically reopen January 1, 2023, for the January through March 
2023 subquota time period.
    Fishermen aboard General category permitted vessels and HMS 
Charter/Headboat permitted vessels may catch-and-release and 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 and HMS Charter/Headboat 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.).
    After the fishery reopens on January 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 December 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: December 8, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-27073 Filed 12-9-22; 4:15 pm]
BILLING CODE 3510-22-P