Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Harpoon Category Fishery, 54912-54913 [2022-19325]

Download as PDF 54912 Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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 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: The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments 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. Affording prior notice and opportunity for public comment on the quota transfer for the September 2022 time period is impracticable. The General category fishery is underway, there was an exceedance of the August subquota, and while the September subquota has not yet been exceeded, NMFS anticipates that it will likely need to close the General category soon. Thus, NMFS needs to take this quota transfer action quickly. Delaying the action is contrary to the public interest, not only because it would likely result in a General category closure and associated costs to the fishery, but also administrative costs due to further agency action needed to re-open the fishery after quota is transferred. The delay would preclude the fishery from harvesting BFT that are available on the fishing grounds and that might otherwise become unavailable during a delay. This action does not raise conservation and management concerns. Transferring quota from the Reserve category to the General category does not affect the overall U.S. BFT quota, and available data show the adjustment would have a minimal risk of exceeding the ICCAT-allocated quota. 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. Therefore, the AA finds good cause under 5 U.S.C. 533(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there is good cause under 5 U.S.C. 5523(d) to waive the 30-day delay in effectiveness. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. VerDate Sep<11>2014 16:04 Sep 07, 2022 Jkt 256001 Dated: September 2, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–19437 Filed 9–7–22; 8:45 am] BILLING CODE 3510–22–P 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: 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. SUMMARY: Effective 11:30 p.m., local time, September 5, 2022, through November 15, 2022. FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., larry.redd@noaa.gov, 301–427–8503, Nicholas Velseboer, nicholas.velsboer@noaa.gov, 978–281– 9260, or Ann Williamson, ann.williamson@noaa.gov, 301–427– 8503. DATES: 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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 § 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 (§ 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 § 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 E:\FR\FM\08SER1.SGM 08SER1 Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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 30day 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 VerDate Sep<11>2014 16:04 Sep 07, 2022 Jkt 256001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 220223–0054: RTID 0648–XC350 Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure; request for comments. AGENCY: NMFS is opening directed fishing for Pacific cod by American Fisheries Act trawl catcher/processors in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2022 total allowable catch of Pacific cod allocated to American Fisheries Act trawl catcher/ processors in the BSAI. DATES: Effective date: Effective 1200 hours, Alaska local time (A.l.t.), September 6, 2022, through 1200 hours, A.l.t., November 1, 2022. Comments due date: Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 23, 2022. ADDRESSES: You may submit comments on this document, identified by docket number NOAA–NMFS–2022–0076, by any of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2022–0076 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Josh Keaton, Acting Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information SUMMARY: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 54913 submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). 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 Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR parts 600 and 679. NMFS closed directed fishing for Pacific cod by American Fisheries Act trawl catcher/processors in the BSAI under § 679.20(d)(1)(iii) on January 20, 2022 (87 FR 3048, January 20, 2022). NMFS has determined that as of September 2, 2022, approximately 900 metric tons of Pacific cod remain in the 2022 Pacific cod total allowable catch (TAC) allocated to the American Fisheries Act trawl catcher/processors in the BSAI. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2022 TAC of Pacific cod in the BSAI, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by American Fisheries Act trawl catcher/processors in the BSAI. The Administrator, Alaska Region, NMFS, considered the following factors in reaching this decision: (1) the current catch of Pacific cod by American Fisheries Act trawl catcher/processors in the BSAI and, (2) the harvest capacity and stated intent on future harvesting patterns of vessels in participating in this fishery. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, 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, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion, and would delay the opening of directed fishing for Pacific cod by American E:\FR\FM\08SER1.SGM 08SER1

Agencies

[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
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