Atlantic Highly Migratory Species (HMS); Atlantic Billfish Fisheries, 57783-57785 [2020-20409]
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
IV. Ordering Clauses
32. Accordingly, IT IS ORDERED that,
pursuant to authority found in sections
1, 4(i) and 4(j), 201, 225, 251, 255,
303(g), 303(r), and 332(c) of the
Communications Act as amended, 47
U.S.C. 151, 154(i), 154(j), 201, 225, 251,
255, 303(g), 303(r), and 332(c) this
Report and Order IS ADOPTED.
33. IT IS FURTHER ORDERED that,
pursuant to §§ 1.4(b)(1) and 1.103(a) of
the Commission’s rules, 47 CFR
1.4(b)(1), 1.103(a), this Report and Order
SHALL BE EFFECTIVE 30 days after
publication in the Federal Register.
34. IT IS FURTHER ORDERED, that
the North American Numbering Plan
Administrator SHALL ASSIGN 988 as a
national abbreviated dialing code to be
used exclusively for access to the
national suicide prevention and mental
health crisis hotline system maintained
by the Assistant Secretary for Mental
Health and Substance Use and the
Secretary of Veterans Affairs as of the
effective date of this Report and Order.
35. IT IS FURTHER ORDERED that
part 64 of the Commission’s rules IS
AMENDED as set forth in Appendix A
of the Report and Order.
36. IT IS FURTHER ORDERED that
the Commission SHALL SEND a copy of
this Report and Order to Congress and
to the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
37. IT IS FURTHER ORDERED that
the Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, SHALL SEND a
copy of this Report and Order, including
the Final Regulatory Flexibility Analysis
(FRFA), to the Chief Counsel for
Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 52
Communications common carriers,
Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed, the Federal
Communications Commission amends
47 CFR part 52 as follows:
Subpart E—Universal Dialing Code for
National Suicide Prevention and
Mental Health Crisis Hotline System
§ 52.200 Designation of 988 for a National
Suicide Prevention and Mental Health Crisis
Hotline.
(a) 988 is established as the 3-digit
dialing code for a national suicide
prevention and mental health crisis
hotline system maintained by the
Assistant Secretary for Mental Health
and Substance Use and the Secretary of
Veterans Affairs.
(b) All covered providers shall
transmit all calls initiated by an end
user dialing 988 to the current toll free
access number for the National Suicide
Prevention Lifeline, presently 1–800–
273–8255 (TALK).
(c) All covered providers shall
complete 10-digit dialing
implementation in areas that use 7-digit
dialing and have assigned 988 as a
central office code as defined in
§ 52.7(c) by July 16, 2022.
(d) All covered providers shall
complete all changes to their systems
that are necessary to implement the
designation of the 988 dialing code by
July 16, 2022.
(e) For purposes of complying with
the requirements of this section,
(1) The term ‘‘covered provider’’
means any telecommunications carrier,
interconnected VoIP provider, or
provider of one-way VoIP.
(2) The term ‘‘one-way VoIP’’—
(i) Means a service that—
(A) Enables real-time, two-way voice
communications;
(B) Requires a broadband connection
from the user’s location;
(C) Requires internet protocolcompatible customer premises
equipment; and
(D) Permits users generally to receive
calls that originate on the public
switched telephone network or to
terminate calls to the public switched
telephone network.
(ii) Does not include any service that
is an interconnected VoIP service.
[FR Doc. 2020–16908 Filed 9–15–20; 8:45 am]
PART 52—NUMBERING
BILLING CODE 6712–01–P
1. The authority citation for part 52 is
amended to read as follows:
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■
Authority: 47 U.S.C. 151, 152, 153, 154,
155, 201–205, 207–209, 218, 225–227, 251–
252, 271, 303, 332, unless otherwise noted.
2. Subpart E, consisting of § 52.200, is
added to read as follows:
■
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 030908222–6241–02]
RTID 0648–XA481
Atlantic Highly Migratory Species
(HMS); Atlantic Billfish Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; Action
restricting recreational fishing for
Atlantic blue marlin, white marlin, and
roundscale spearfish to catch-andrelease fishing.
AGENCY:
NMFS has determined that
the recreational landings limit for
Atlantic blue marlin, white marlin, and
roundscale spearfish has been reached
and exceeded for 2020, based upon a
review of landings data. Therefore,
NMFS is prohibiting retention of
Atlantic blue marlin, white marlin, and
roundscale spearfish in the Atlantic
HMS recreational fisheries. Fishing for
these species will be limited to catchand-release only for the remainder of
2020. This action affects Angling and
Charter/Headboat permit holders,
tournament operators, and Atlantic
tunas General category or Swordfish
General Commercial permit holders that
fish in registered Atlantic HMS
tournaments, and is effective in all areas
of the Atlantic Ocean. Atlantic sailfish
may continue to be retained consistent
with applicable regulations.
DATES: Effective September 30, 2020,
through December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Jennifer Lee by email at Jennifer.Lee@
noaa.gov, Jennifer Cudney by email at
Jennifer.Cudney@noaa.gov, or Nicholas
Alvarado by email at Nicholas.Alvardo@
noaa.gov.
SUPPLEMENTARY INFORMATION:
Regulations implemented 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.) governing fishing for Atlantic
billfish (including blue marlin, white
marlin, roundscale spearfish, longbill
spearfish, and sailfish) by persons and
vessels subject to U.S. jurisdiction are
found at 50 CFR part 635. The Atlantic
billfish fishery is a recreational fishery,
and the sale of Atlantic billfish is
prohibited. 50 CFR 635.31(b). Only
SUMMARY:
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57784
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
persons who have been issued a valid
HMS Angling or valid Charter/Headboat
permit, or who have been issued a valid
Atlantic Tunas General category or
Swordfish General Commercial permit
and are participating in a tournament as
provided in § 635.4(c), may possess a
blue marlin, white marlin, or roundscale
spearfish in, or take a blue marlin, white
marlin, or roundscale spearfish from, its
management unit. Blue marlin, white
marlin, or roundscale spearfish may
only be harvested by rod and reel.
§ 635.19(c)(1).
Atlantic HMS regulations specify an
annual recreational landings limit of
250 Atlantic blue and white marlin and
roundscale spearfish, combined.
§ 635.27(d)(1). NMFS implemented this
landings limit consistent with
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
recommendations, most recently
reflected in ICCAT Recommendation
19–05, Recommendation by ICCAT to
Establish Rebuilding Programs for Blue
Marlin and White Marlin/Roundscale
Spearfish.
Under § 635.27(d)(3), when the 250marlin landings limit is reached or
projected to be reached, NMFS will file
for publication with the Office of the
Federal Register an action restricting
fishing for Atlantic blue marlin, white
marlin, and roundscale spearfish to
catch-and-release fishing only. Section
635.27(d)(3) also states that once a
determination is made, in no case shall
such adjustment be effective less than
14 calendar days after the date of
publication. From the effective date and
time of such action until additional
landings become available, no blue
marlin, white marlin, or roundscale
spearfish from the management unit
may be taken, retained, or possessed.
Preliminary landings information
from multiple sources (see Monitoring
and Reporting section, below), indicate
that 268 blue marlin, white marlin, and
roundscale spearfish combined have
been landed, and the 250-marlin
landings limit has been reached and
exceeded for the 2020 fishing year. As
a result, NMFS is prohibiting further
retention of Atlantic blue marlin, white
marlin, and roundscale spearfish in the
recreational fisheries, and the fishery for
these species will operate as a catchand-release fishery only for the
remainder of 2020. This prohibition on
retention affects Angling and Charter/
Headboat permit holders, tournament
operators, and Atlantic tunas General
category or Swordfish General
Commercial permit holders that fish in
registered Atlantic HMS tournaments,
and is effective in all areas of the
Atlantic Ocean.
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This is the first time that the United
States has reached and exceeded its
annual 250-marlin landings limit since
it was established. Both tournament and
non-tournament billfish landings have
been increasing in recent years. Billfish
tournaments typically occur during the
summer months, and in mid- to late
August 2020 there was a substantial
increase in tournament landings that
resulted in the 250-marlin landings
limit being reached and exceeded.
After reviewing final landings data,
NMFS will, consistent with
§ 635.27(d)(2), subtract any overharvest
from the landings limit for 2021. Any
adjustment, if necessary, would be
announced via notice in the Federal
Register.
This restriction does not apply to
Atlantic sailfish. Atlantic sailfish may
continue to be retained consistent with
applicable regulations. Retention of
longbill spearfish is already prohibited.
Billfish retention remains prohibited in
commercial fisheries.
Monitoring and Reporting
NMFS will continue to monitor the
Atlantic billfish fishery closely through
mandatory landings reports. Angling
category and HMS Charter/Headboat
vessel owners are required to report
billfish landings, 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.). Anglers in
Maryland and North Carolina are
required to report billfish landings at
state-operated reporting stations.
Depending on the final 2020 landings
and other considerations described
above, NMFS may adjust the 2021
landing limit and determine that
additional adjustments are necessary in
2021 to ensure the landing limit is not
exceeded. Such adjustments will be
published in the Federal Register. In
addition, fishermen may access
hmspermits.noaa.gov for updates on
inseason adjustments.
HMS Angling and HMS Charter/
Headboat category permit holders may
catch-and-release (or tag and release)
Atlantic billfish of all sizes. Anglers are
reminded that Atlantic billfish that are
released must be handled in a manner
that will maximize survival, and
without removing the fish from the
water, consistent with requirements at
§ 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/
educational-materials/careful-catchand-release-brochure.
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Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act and the Atlantic Tunas Convention
Act, 16 U.S.C. 971d(c)(1)(A). 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
an opportunity for public comment on
this action. This fishery is currently
underway and delaying this action
would be contrary to the public interest
as it could result in Atlantic blue
marlin, white marlin, and roundscale
spearfish landings further exceeding the
250-marlin landings limit, which was
adopted at ICCAT and implemented
domestically. If NMFS were to offer a
public comment period now, after
having appropriately considered that
data, it could result in further
exceedance of the landings limit and
NMFS having to lower the marlin
landing limit in the next fishing year.
Consistent with specific regulation
requiring this action, the regulated
community will receive 14 days’ prior
notice of the effective date of this action.
Affording additional notice and an
opportunity for public comment on the
change to catch-and-release only for the
remainder of 2020 at this time is
impracticable. Based on review of
available billfish landings data,
restriction to catch-and-release only is
required under the regulations to
prevent any further exceedances of the
marlin landings limit during the 2020
fishing year. NMFS could not have
proposed this action earlier, as it needed
to consider and respond to recentlyupdated landings data, including from
HMS Angling, Charter/Headboat permit
holders, tournament operators, and
Atlantic tunas General category and
Swordfish General Commercial permit
holders that fish in registered Atlantic
HMS Tournaments. Therefore, the
Assistant Administrator finds good
cause under 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment. Furthermore, while
NMFS is providing 14 days’ notice, it is
not providing the full 30-day delay in
effectiveness, and for the reasons above
finds there also is good cause under 5
U.S.C. 553(d) to waive the 30-day delay
in effectiveness.
This action is being taken under
§ 635.23(d)(5), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
Dated: September 11, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–20409 Filed 9–11–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200325–0088; RTID 0648–
XA437]
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Closure of the Closed Area I Scallop
Access Area to General Category
Individual Fishing Quota Scallop
Vessels
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces that the
Closed Area I Scallop Access Area is
closed to Limited Access General
Category Individual Fishing Quota
scallop vessels for the remainder of the
2020 fishing year. No vessel issued a
Limited Access General Category
Individual Fishing Quota permit may
fish for, possess, or land scallops from
the Closed Area I Scallop Access Area.
Regulations require this action once it is
projected that 100 percent of trips
allocated to the Limited Access General
Category Individual Fishing Quota
scallop vessels for the Closed Area I
Scallop Access Area will be taken.
DATES: Effective 0001 hr local time,
September 13, 2020, through March 31,
2021.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
Specialist, (978) 282–8456.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the Sea Scallop Access Areas can be
found in 50 CFR 648.59 and 648.60.
These regulations authorize vessels
issued a valid Limited Access General
Category (LAGC) Individual Fishing
Quota (IFQ) scallop permit to fish in the
Closed Area I Scallop Access Area
under specific conditions, including a
total of 571 trips that may be taken
during the 2020 fishing year. Section
648.59(g)(3)(iii) requires the Closed Area
I Scallop Access Area to be closed to
LAGC IFQ permitted vessels for the
remainder of the fishing year once the
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SUMMARY:
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NMFS Greater Atlantic Regional
Administrator determines that the
allocated number of trips for fishing
year 2020 are projected to be taken.
Based on trip declarations by LAGC
IFQ scallop vessels fishing in the Closed
Area I Scallop Access Area, analysis of
fishing effort, and other information,
NMFS projects that 571 trips will be
taken as of September 13, 2020.
Therefore, in accordance with
§ 648.59(g)(3)(iii), NMFS is closing the
Closed Area I Scallop Access Area to all
LAGC IFQ scallop vessels as of
September 13, 2020. No vessel issued an
LAGC IFQ permit may fish for, possess,
or land scallops in or from the Closed
Area I Scallop Access Area after 0001
local time, September 13, 2020. Any
LAGC IFQ vessel that has declared into
the Closed Area I Access Area scallop
fishery, complied with all trip
notification and observer requirements,
and crossed the vessel monitoring
system (VMS) demarcation line on the
way to the area before 0001, September
13, 2020, may complete its trip without
being subject to this closure. This
closure is in effect for the remainder of
the 2020 scallop fishing year, through
March 31, 2021.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Fishery Conservation and Management
Act. This action is required by 50 CFR
part 648, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest. The Closed Area I
Scallop Access Area opened for the
2020 fishing year on April 1, 2020. The
regulations at § 648.59(g)(3)(iii) require
this closure to ensure that LAGC IFQ
scallop vessels do not take more than
their allocated number of trips in the
area. The projected date on which the
LAGC IFQ fleet will have taken all of its
allocated trips in an Access Area
becomes apparent only as trips into the
area occur on a real-time basis and as
activity trends begin to appear. As a
result, NMFS can only make an accurate
projection very close in time to when
the fleet has taken all of its trips. To
allow LAGC IFQ scallop vessels to
continue to take trips in the Closed Area
I Scallop Access Area during the period
necessary to publish and receive
comments on a proposed rule would
likely result in the vessels taking much
more than the allowed number of trips
in the Closed Area I Scallop Access
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57785
Area. Excessive trips and harvest from
the Closed Area I Scallop Access Area
would result in excessive fishing effort
in the area, where effort controls are
critical, thereby undermining
conservation objectives of the Atlantic
Sea Scallop Fishery Management Plan
and requiring more restrictive future
management measures.
Also, the public had prior notice and
full opportunity to comment on this
closure process when it was enacted.
For these same reasons, NMFS further
finds, under 5 U.S.C 553(d)(3), good
cause to waive the 30-day delayed
effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 10, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–20344 Filed 9–11–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200227–0066]
RTID 0648–XA433
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by Pot
Catcher/Processors in the Bering Sea
and Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher/
processors using pot gear in the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
prevent exceeding the 2020 Pacific cod
total allowable catch (TAC) allocated to
catcher/processors using pot gear in the
BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), September 12, 2020,
through 2400 hours, A.l.t., December 31,
2020.
FOR FURTHER INFORMATION CONTACT:
Krista Milani, 907–581–2062.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57783-57785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20409]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 030908222-6241-02]
RTID 0648-XA481
Atlantic Highly Migratory Species (HMS); Atlantic Billfish
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; Action restricting recreational fishing for
Atlantic blue marlin, white marlin, and roundscale spearfish to catch-
and-release fishing.
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SUMMARY: NMFS has determined that the recreational landings limit for
Atlantic blue marlin, white marlin, and roundscale spearfish has been
reached and exceeded for 2020, based upon a review of landings data.
Therefore, NMFS is prohibiting retention of Atlantic blue marlin, white
marlin, and roundscale spearfish in the Atlantic HMS recreational
fisheries. Fishing for these species will be limited to catch-and-
release only for the remainder of 2020. This action affects Angling and
Charter/Headboat permit holders, tournament operators, and Atlantic
tunas General category or Swordfish General Commercial permit holders
that fish in registered Atlantic HMS tournaments, and is effective in
all areas of the Atlantic Ocean. Atlantic sailfish may continue to be
retained consistent with applicable regulations.
DATES: Effective September 30, 2020, through December 31, 2020.
FOR FURTHER INFORMATION CONTACT: Jennifer Lee by email at
[email protected], Jennifer Cudney by email at
[email protected], or Nicholas Alvarado by email at
[email protected].
SUPPLEMENTARY INFORMATION: Regulations implemented 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.) governing fishing for Atlantic
billfish (including blue marlin, white marlin, roundscale spearfish,
longbill spearfish, and sailfish) by persons and vessels subject to
U.S. jurisdiction are found at 50 CFR part 635. The Atlantic billfish
fishery is a recreational fishery, and the sale of Atlantic billfish is
prohibited. 50 CFR 635.31(b). Only
[[Page 57784]]
persons who have been issued a valid HMS Angling or valid Charter/
Headboat permit, or who have been issued a valid Atlantic Tunas General
category or Swordfish General Commercial permit and are participating
in a tournament as provided in Sec. 635.4(c), may possess a blue
marlin, white marlin, or roundscale spearfish in, or take a blue
marlin, white marlin, or roundscale spearfish from, its management
unit. Blue marlin, white marlin, or roundscale spearfish may only be
harvested by rod and reel. Sec. 635.19(c)(1).
Atlantic HMS regulations specify an annual recreational landings
limit of 250 Atlantic blue and white marlin and roundscale spearfish,
combined. Sec. 635.27(d)(1). NMFS implemented this landings limit
consistent with International Commission for the Conservation of
Atlantic Tunas (ICCAT) recommendations, most recently reflected in
ICCAT Recommendation 19-05, Recommendation by ICCAT to Establish
Rebuilding Programs for Blue Marlin and White Marlin/Roundscale
Spearfish.
Under Sec. 635.27(d)(3), when the 250-marlin landings limit is
reached or projected to be reached, NMFS will file for publication with
the Office of the Federal Register an action restricting fishing for
Atlantic blue marlin, white marlin, and roundscale spearfish to catch-
and-release fishing only. Section 635.27(d)(3) also states that once a
determination is made, in no case shall such adjustment be effective
less than 14 calendar days after the date of publication. From the
effective date and time of such action until additional landings become
available, no blue marlin, white marlin, or roundscale spearfish from
the management unit may be taken, retained, or possessed.
Preliminary landings information from multiple sources (see
Monitoring and Reporting section, below), indicate that 268 blue
marlin, white marlin, and roundscale spearfish combined have been
landed, and the 250-marlin landings limit has been reached and exceeded
for the 2020 fishing year. As a result, NMFS is prohibiting further
retention of Atlantic blue marlin, white marlin, and roundscale
spearfish in the recreational fisheries, and the fishery for these
species will operate as a catch-and-release fishery only for the
remainder of 2020. This prohibition on retention affects Angling and
Charter/Headboat permit holders, tournament operators, and Atlantic
tunas General category or Swordfish General Commercial permit holders
that fish in registered Atlantic HMS tournaments, and is effective in
all areas of the Atlantic Ocean.
This is the first time that the United States has reached and
exceeded its annual 250-marlin landings limit since it was established.
Both tournament and non-tournament billfish landings have been
increasing in recent years. Billfish tournaments typically occur during
the summer months, and in mid- to late August 2020 there was a
substantial increase in tournament landings that resulted in the 250-
marlin landings limit being reached and exceeded.
After reviewing final landings data, NMFS will, consistent with
Sec. 635.27(d)(2), subtract any overharvest from the landings limit
for 2021. Any adjustment, if necessary, would be announced via notice
in the Federal Register.
This restriction does not apply to Atlantic sailfish. Atlantic
sailfish may continue to be retained consistent with applicable
regulations. Retention of longbill spearfish is already prohibited.
Billfish retention remains prohibited in commercial fisheries.
Monitoring and Reporting
NMFS will continue to monitor the Atlantic billfish fishery closely
through mandatory landings reports. Angling category and HMS Charter/
Headboat vessel owners are required to report billfish landings, 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.).
Anglers in Maryland and North Carolina are required to report billfish
landings at state-operated reporting stations. Depending on the final
2020 landings and other considerations described above, NMFS may adjust
the 2021 landing limit and determine that additional adjustments are
necessary in 2021 to ensure the landing limit is not exceeded. Such
adjustments will be published in the Federal Register. In addition,
fishermen may access hmspermits.noaa.gov for updates on inseason
adjustments.
HMS Angling and HMS Charter/Headboat category permit holders may
catch-and-release (or tag and release) Atlantic billfish of all sizes.
Anglers are reminded that Atlantic billfish that are released must be
handled in a manner that will maximize 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/educational-materials/careful-catch-and-release-brochure.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and the Atlantic Tunas Convention Act, 16 U.S.C.
971d(c)(1)(A). 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 an opportunity for
public comment on this action. This fishery is currently underway and
delaying this action would be contrary to the public interest as it
could result in Atlantic blue marlin, white marlin, and roundscale
spearfish landings further exceeding the 250-marlin landings limit,
which was adopted at ICCAT and implemented domestically. If NMFS were
to offer a public comment period now, after having appropriately
considered that data, it could result in further exceedance of the
landings limit and NMFS having to lower the marlin landing limit in the
next fishing year.
Consistent with specific regulation requiring this action, the
regulated community will receive 14 days' prior notice of the effective
date of this action. Affording additional notice and an opportunity for
public comment on the change to catch-and-release only for the
remainder of 2020 at this time is impracticable. Based on review of
available billfish landings data, restriction to catch-and-release only
is required under the regulations to prevent any further exceedances of
the marlin landings limit during the 2020 fishing year. NMFS could not
have proposed this action earlier, as it needed to consider and respond
to recently-updated landings data, including from HMS Angling, Charter/
Headboat permit holders, tournament operators, and Atlantic tunas
General category and Swordfish General Commercial permit holders that
fish in registered Atlantic HMS Tournaments. Therefore, the Assistant
Administrator finds good cause under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public comment. Furthermore, while NMFS
is providing 14 days' notice, it is not providing the full 30-day delay
in effectiveness, and for the reasons above finds there also is good
cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
This action is being taken under Sec. 635.23(d)(5), and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
[[Page 57785]]
Dated: September 11, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-20409 Filed 9-11-20; 4:15 pm]
BILLING CODE 3510-22-P
